Every time an employee logs onto a work computer, and every time an employer shows an interest in what that employee is up to, there is a possibility that the federal anti-hacking statutes, the Stored Communications Act (SCA) and the Computer Fraud and Abuse Act (CFAA), will come into play. These statutes, designed to prevent unauthorized use or interference with electronic communications and data, have direct applications to the workplace. As several recent cases demonstrate, companies and employers both need to weigh their decisions about their electronic communications and their use of stored data to ensure that they do not run afoul of the law.
Here are some of the key upshots for in-house lawyers from these cases:
