The Post-Van Buren Workplace and the Computer Fraud and Abuse Act, Part I

In June 2021, the Supreme Court ruled in Van Buren v. United States that one "exceeds authorized access" by accessing off-limit files and other information on a computer system they were otherwise authorized to access, effectively narrowing the applicability of the CFAA in prosecuting cybersecurity and computer crime. The ruling also marks the start of a “gates up or down” era for employers seeking to protect workplace computers and electronically stored information. In this podcast, Brent Cossrow and Dave Walton, partners in the Philadelphia office of Fisher Phillips and its Employee Defection and Trade Secrets practice group, unpack this new era of data protection and its far-reaching implications for employers.