Carolyn Sieve Quoted in Daily Labor Report
“Attorneys Advise Employers to Revisit Data Misuse Policies After Brekka Ruling”

Carolyn Sieve was quoted in the November 4, 2009 Daily Labor Report article, “Attorneys Advise Employers to Revisit Data Misuse Policies After Brekka Ruling.” The article discussed the recent decision in the LVRC Holdings LLC v. Brekka matter where the U.S. Court of Appeals for the Ninth Circuit ruled that whether an employee's use of a work computer is “without authorization” for purposes of the Computer Fraud and Abuse Act depends on the employer's policies and definitions of acceptable use, not on the employee's state of mind.

According to the article, companies should revisit their data confidentiality and technology use policies in light of the federal appeals court decision that reflects a nationwide trend in court rulings narrowly construing whether an employee's use of a firm's computer is “unauthorized” for purposes of the Computer Fraud and Abuse Act (CFAA). The appeals court held that employers may be able to pursue claims against employees under the CFAA, but only if employees violate clearly defined limits on access to company networks in the course of stealing proprietary information.

Carolyn commented that the message from Brekka is that employers should not rely solely on a potential CFAA claim to protect their proprietary information. She noted, “The Brekka decision places more responsibility on the employer's shoulders to provide notice to employees as to what is ‘authorized' access.”