Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act

In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissedan employer’s claim that its former employees violated the Act. The case, Walsh Bishop Associates, Inc. v. O’Brien, CIV. 11-2673 DSD/AJB, 2012 WL 669069 (D. Minn. Feb. 28, 2012), concerns three former officers of the Minneapolis based architectural firm Walsh Bishop. The court held that since the defendants had authorized access to all of the electronic files they purportedly took, they could not be liable under the CFAA for their use or misuse of the files.

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