The Eleventh Circuit Splits with the Ninth Circuit in Interpreting the Computer Fraud and Abuse Act

The Eleventh Circuit Court of Appeals’ December 27, 2010 decision in U.S. v. Rodriguez, Appeal No. 09-15265, — F.3d –, 2010 WL 5253231 (11th Cir. Dec. 27, 2010) may mark a significant split among the federal appellate circuits over the meaning of the phrases “without authorization” and “exceeds authorized access” under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”). On one side of the fence sit decisions which reject such suits due to the employer’s prior grant of access, regardless of the employee’s purpose of access or subsequent use of the files. On the other side are decisions which allow CFAA claims where the employee’s purpose for accessing the files was unauthorized, even if the access itself was permitted.

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