DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Court: Employee was authorized to access files (updated)

Posted on September 16, 2009 by Dissent

A Ninth Circuit Court of Appeals decision may be of interest to those who wonder about suing former employees for unauthorized to data. In LVRC Holdings V. Brekka, the court held:

LVRC Holdings, LLC (LVRC) filed this lawsuit in federal district court against its former employee, Christopher
Brekka, his wife, Carolyn Quain, and the couple’s two consulting businesses, Employee Business Solutions, Inc., a Nevada corporation (EBSN), and Employee Business Solutions, Inc., a Florida corporation (EBSF). LVRC alleged that Brekka violated the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, by accessing LVRC’s computer “without authorization,” both while Brekka was employed at LVRC and after he left the company. See 18 U.S.C. § 1030(a)(2), (4).

The district court granted summary judgment in favor of the defendants. We affirm. Because Brekka was authorized to use LVRC’s computers while he was employed at LVRC, he did not access a computer “without authorization” in violation of § 1030(a)(2) or § 1030(a)(4) when he emailed documents to himself and to his wife prior to leaving LVRC. Nor did emailing the documents “exceed authorized access,” because Brekka was entitled to obtain the documents. Further, LVRC failed to establish the existence of a genuine issue of material
fact as to whether Brekka accessed the LVRC website without authorization after he left the company.

Update: Jennifer Granick of EFF has posted a legal analysis of this case that you can read here. She writes, in part:

The Brekka opinion is in line with the more recent and better line of district court cases that have rejected a “thought crime” interpretation of the CFAA where the employee’s mental state determines whether she was authorized or not. Brekka says that neither the statutory language nor the canons of criminal law allow such a broad reading that leaves people uncertain of when this criminal statute would apply.

The opinion puts the Ninth Circuit at odds, however, with an older Seventh Circuit opinion in International Airport Centers v. Citrin, written by the well-known Judge Posner. Brekka and Citrin are the only appellate court decisions on the question of whether a breach of loyalty makes computer use criminal, but there’s now a circuit split. It will be interesting to see whether the plaintiffs in Brekka ask the Supreme Court to review the matter. For now, Brekka is solidly in line with current jurisprudence giving a proper, narrower scope to the CFAA.


Related:

  • California hospitals can escape fines if workers expose patient info
  • Harris Health discloses insider-wrongdoing breach that went on for a decade
  • Latvian health authority official and IT company head fined for data breach
  • Former Defense Contractor Sentenced to Over 10 Years in Prison for Attempted Espionage
  • Department of State employee sentenced for transmitting national defense information to suspected Chinese government agents
  • Bail for 2 Hong Kong doctors accused of leaking data to implicate surgeon
Category: InsiderUnauthorized Access

Post navigation

← Express Scripts updates their breach report
For your illiterate criminals file →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Suspected Russian hacker reportedly detained in Thailand, faces possible US extradition
  • Did you hear the one about the ransom victim who made a ransom installment payment after they were told that it wouldn’t be accepted?
  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Lawmakers Warn Governors About Sharing Drivers’ Data with Federal Government
  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.