This post was authored by Devin Chwastyk and Frank Lavery, II. Devin is the Chair of the Privacy & Data Security group at McNees. Frank is a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On June 3, 2021, the U.S. Supreme Court issued an important opinion in Van Buren v. United States, which provided important clarification of the scope of the Computer Fraud and Abuse Act (CFAA). The CFAA bars unauthorized access, or access that exceeds authorization, to any computer “used in or affecting interstate or foreign commerce or communication.” As the Supreme Court aptly explains, this extends protection—at a minimum—to all information from computers that connect to the internet. Thus, the implications of the CFAA are far reaching. The decision in Van Buren explored what constitutes “unauthorized access” and “access that exceeds authorization.”
Continue Reading U.S. Supreme Court Emphasizes Need to Couple IT Safeguards with Written Policies to Safeguard Confidential Data