Law360 reported yesterday that, with the Solicitor General’s decision not to seek Supreme Court review of the Ninth Circuit’s decision in United States v. Nosal, “whether an employer can bring [Computer Fraud and Abuse Act] claims against employees who steal company data in violation of computer usage policies depends on where the employer can file suit.” I anticipated this would be the case back in April. The Ninth Circuit and now the Fourth Circuit do not allow CFAA claims based on employee violations of employer computer usage policies, but other circuits either do or have yet to address the issue. So we can expect to see employers file more claims against employees under the CFAA outside of the Ninth and Fourth Circuits.
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