In TripleTree, LLC v. Walcker, the employer sued its former employee under the federal Computer Fraud and Abuse Act (CFAA) based on the employee’s accessing certain confidential and proprietary information on the company’s database. TripleTree’s claim failed because the manual did not actually prevent the employee from accessing the information, regardless of how he might have chosen to use the information. This is a critical distinction under the CFAA, because it was amended to make clear that it only regulates improper access of data, not improper use. Make sure your confidentiality policies specify what access is permitted and what is not, and include a specific trigger that instructs employees that as soon as they accept employment from another employer, they forfeit all rights of access to your confidential data. It’s worth a try in order to gain a step up on computer fraud under the CFAA.
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