Chris Dodson wrote a law review note titled "Authorized: The Case for Duty of Loyalty Suits Against Former Employees Under the Computer Fraud and Abuse Act" published in the Drexel Law Review. The article discusses the Computer Fraud and Abuse Act (CFAA) and it's inclusion of provision for civil suits against anyone who engages in certain computer-based acts “without authorization.” However, the statute leaves “authorization” conspicuously undefined. It also reaches the conclusion that duty of loyalty violations do terminate an employee’s authorization, and proposes a four-part analysis for determining whether an employee has accrued CFAA liability.
To read the full article, click here.