Following the recent Fourth Circuit opinion in WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012), the issue of whether the Computer Fraud and Abuse Act (CFAA) applies to the actions of employees (as opposed to hackers) may end up at the Supreme Court. The Act provides both civil and criminal liability for a person who “exceeds authorized access” to obtain information. This is a significant issue because the possible criminal sanctions available under the CFAA could be a powerful option available to employers seeking to protect their confidential information from being stolen by disloyal employees and used by competitors.Continue Reading CFAA May Not Protect Employer’s Confidential Information