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Inducing Co-Worker to Access Data a CFAA Violation?

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Inducing Co-Worker to Access Data a CFAA Violation?

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Ossian Law P.C.

IT Law Alert October 15, 2014

Inducing Co-Worker to Access Data A CFAA Violation? The Computer Fraud and Abuse Act (CFAA) is a federal criminal law that prohibits unauthorized access to a computer. The CFAA also provides a civil remedy for a party whose computer has been so accessed. A federal court in Ohio recently addressed whether the CFAA applied to employee who induced a co-worker to access and provide him with pricing data to which the employee did not have direct access.

Frank Damico worked for Cranel, Inc. from 2005 through 2012. Cranel alleged that Damico accessed and copied certain customer information. Cranel also alleged that Damico induced a co-worker to provide him with pricing information and that he later used such information to compete with the company.

The court held that Cranel failed to state a viable CFAA claim, taking a narrow view of the statutory phrase “without access” or “unauthorized access” does not include information that an employee has access to during employment that is later used for competitive or other inappropriate purposes.

Read the Cranel decision here.

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