Companies May Need to Revisit Access Policies and Agreements Post-Van Buren

The U.S. Supreme Court has narrowed the applicability of the Computer Fraud and Abuse Act, determining that a police officer with permission to access a law enforcement database did not violate the statute when he obtained information from that database for an improper purpose. This article analyzes the June 3, 2021, decision and offers insight from ZwillGen, Proskauer and Jenner & Block attorneys on the ruling’s implications for companies, including the possible need to revisit access policies and agreements, and find alternative solutions for deterring or penalizing unwanted conduct. See “Evolution and Mitigation of Insider Cyber Threats During COVID-19” (Jul. 29, 2020).

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