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

More than a half-year has passed since 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. At that time, Brent Cossrow and Dave Walton shared rapid reactions and perspectives in Part I of this broadcast. Soon afterwards, they reviewed the first wave of cases that discussed Van Buren in Part II. And in this episode, they are back to analyze a fresh slate of cases that were directly informed by this new “gates up or down” era for employers seeking to protect workplace computers and electronically stored information.