The decision of the CFAA judges shows that the contractual guarantees are insufficient


Law360 (June 25, 2021, 3:20 p.m. EDT) – The Computer Fraud and Abuse Act creates civil and criminal liability for anyone who “accesses a computer without authorization or exceeds authorized access.”

On June 3, the United States Supreme Court ruled in Van Buren v. United States that violation of contractual limitations on computer use cannot form the basis of liability under the CFAA, but has expressly declined to determine whether violation of contractual limitations on access to computer computer can form the basis of liability.[1]

Since violations of contractual limitations on computer use cannot be used to establish a CFAA claim, companies should not rely on contractual limitations on computer access either.[2]

History of the CFAA

The CFAA …

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