SCOTUS Review of CFAA May Impact Analysis in Data Breach Notification Obligations

SCOTUS Review of CFAA May Impact Analysis in Data Breach Notification Obligations

  • For the first time, the U.S. Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States, No. 19-783.
  • How the Supreme Court decides Van Buren will transform the landscape for CFAA claims in trade secrets and employment litigation. Simultaneously, the decision should also bring much needed clarity to the definition of “authorization” in the context of data breach statutes, notification obligations, and ensuing data breach litigation.

The National Law Review – Kari M. Rollins and David M. Poell | May 18, 2020