DataBreaches.Net

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

Courts Reining In What it Means to be a “Hacker” Under the Computer Fraud and Abuse Act (CFAA)

Posted on March 13, 2014 by Dissent

Ralph C. Losey of Jackson Lewis writes:

The Computer Fraud and Abuse Act (“CFAA”) is an anti-hacker statute that prohibits unauthorized access, or the exceeding of authorized access, of computers connected to interstate commerce. 18 U.S.C. § 1030. Violators are subject to both criminal and civil liability. Employers have long taken advantage of the CFAA’s civil remedies to “sue former employees and their new companies who seek a competitive edge through wrongful use of information from the former employer’s computer system.” P.C. Yonkers, Inc. v. Celebrations the Party and Seasonal Superstore, LLC, 428 F.3d 504, 510 (3d Cir. 2005).

A majority of courts have to date construed the meaning of “unauthorized access” in the CFAA to include access for unauthorized purposes, such as to steal an employer’s information. They applied the anti-hacker statute even though the employee was authorized to access the computer system, just not for purposes of theft. Now a growing number of courts are stepping back from the expansive construction of what it means to be a “hacker” under the statute. They are instead limiting the CFAA to situations where the access to the computer itself was unauthorized, and disregarding whether or not the access was for a permitted use.

Read more on National Law Review.


Related:

  • PowerSchool commits to strengthened breach measures following engagement with the Privacy Commissioner of Canada
  • British institutions to be banned from paying ransoms to Russian hackers
  • Global hack on Microsoft product hits U.S., state agencies, researchers say
  • Premier Health Partners issues a press release about a breach two years ago. Why was this needed now?
  • Missouri Adopts New Data Breach Notice Law
  • Qantas obtains injunction to prevent hacked data’s release
Category: Commentaries and AnalysesFederalHackLegislationUnauthorized Access

Post navigation

← Ohio AG seeks harsher ID theft penalties for those victimizing service members
HealthSource of Ohio data leak exposed 8,800 patients' information →

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

  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app
  • Au: Qantas hackers gave airline 72-hour deadline
  • Honeywell vulnerability exposes building systems to cyber attacks
  • Recent public service announcements of note — parents should take special note of these
  • Au: Junior doctor faces fresh toilet spying charges as probe widens to other major hospitals
  • Average Brit hit by five data breaches since 2004

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

  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders
  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure
  • Idaho agrees not to prosecute doctors for out-of-state abortion referrals

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[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.