CFAA violation where employee’s access to work computer violated fiduciary duty to employer

Plaintiff former employer sued defendant former employee for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030, alleging that defendant, while still in the employ of plaintiff, accessed confidential business information and destroyed other important data. Defendant moved to dismiss the CFAA claim. The court denied the motion.

Defendant had argued that the complaint failed to establish that access to the work computer was had without authorization. He assserted that plaintiff did not allege that at any time while defendant was employed by plaintiff his access to his work-issued computer was restricted, or that plaintiff ever told him that he was no longer permitted to access the computer.

But the plaintiff had alleged that defendant’s access violated the fiduciary duty defendant owed. The court held that under Int’l Airport Ctr., L.L.C. v. Citrin, 440 F.3d 418, 420–21 (7th Cir.2006), allegations of a breach of duty are enough to properly allege that defendant lost his authorization to access his company computer.

Compare this holding (and Citrin) with the Ninth Circuit’s holding in LVRC Holdings v. Brekka.