Law360, New York ( November 14, 2014, 12:37 PM EST) -- Unauthorized access to electronic information can give rise to liability under The Computer Fraud and Abuse Act. In addition to state law causes of action that may be asserted, such as trade secret misappropriation, the CFAA provides a private right of action against unauthorized users who access a computer "without authorization" or who "exceed authorized access." 18 U.S.C. §1030(a).[1] The CFAA can be a powerful weapon in a plaintiff's arsenal, particularly since it does not require a showing that the electronic information at issue was confidential or proprietary. Moreover, the CFAA is often the federal question that creates a basis for federal court jurisdiction over an action that would otherwise proceed in state court.[2]...
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