Computer Fraud and Abuse Act Claims in the First Circuit – Will the Narrow Approach Prevail?

The scope of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, remains unsettled in the First Circuit after two decisions issued just weeks apart adopted differing approaches to the treatment of such claims.

The CFAA prohibits the intentional access of a computer without authorization or exceeding a party’s authorization to obtain information from a protected computer.  As we have previously reported here, courts are split on the interpretation of what constitutes unauthorized access or access that exceeds authorization.    In some jurisdictions, courts take a narrow view, limiting “unauthorized access” to true “hacking” cases, where a party improperly gains access to documents he or she is not authorized to obtain.  On the other hand, certain circuits have favored a broad interpretation that would prohibit a party from accessing documents to which he or she typically would have access, if such access were for an improper purpose (for example, an employee who misappropriates documents to which she legitimately had “technical access” for the benefit of a competitor).

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