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The United States Supreme Court has granted certiorari in Van Buren v. United States, a case which deepened the federal circuit court split regarding the extent to which the Computer Fraud and Abuse Act (CFAA) covers an employee’s alleged misappropriation of information from the employer’s systems where the employee otherwise had authorized access. This pending appeal should resolve the issue of whether employee action exceeding access authorization will implicate the CFAA. Regardless of the ruling, employers can and should adopt written policies, impose contractual restrictions, and implement technology to protect valued systems and information.

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