The Computer Fraud and Abuse Act is primarily a criminal statute designed to combat hacking.
The CFAA does provide for civil remedies that should be carefully considered by employers and employees. When considering the CFAA’s application in the employment law context, best practices include alerting corporate information technology departments of the necessary considerations to identify threats or theft, monitoring employees, advising employees on their obligations, and avoiding violations and potential liability. Employers should place a significant emphasis on awareness of the risks and potential ramifications of violating the CFAA.
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