Employment Law This Week (Episode 34: Week of July 18, 2016) has released bonus footage of its interview with James P. Flynn, a Member of the Firm at Epstein Becker Green.
As Mr. Flynn discusses, the Ninth Circuit has ruled that unapproved use of a former co-worker’s password can be criminal. An ex-recruiting firm employee used a current worker's credentials to gain unauthorized access to a company database. The Ninth Circuit held that this act violated the "without authorization" prong of the Computer Fraud and Abuse Act, noting that permission for legal access must be given by a computer system’s owner. This decision could have wide-reaching implications in an area of law that has become increasingly criminalized over the past few years.