Improper Access vs. Improper Use: The Meaning of the CFAA

The Computer Fraud and Abuse Act (CFAA), a federal statute designed to provide important remedies for victims of computer-based information theft, is a point of contention among courts when it comes to its application. FaegreBD attorneys Tyler Young and Cicely Militich, members of the firm’s business litigation practice, authored an article in Law360 explaining the meaning of the CFAA and its implications for trade secret litigators.

“The theft of confidential and trade secret information has become a problem of staggering proportions,” the article said. “The CFAA provides important remedies for victims of computer-based information theft, but the federal courts are deeply divided on the statute’s reach and scope. … [Plaintiffs may]have an incentive to plead CFAA claims as a companion to their trade secret claims.”