By: Laurie Berke-Weiss
New York Law Journal

The Computer Fraud and Abuse Act, 18 USC §1030, has emerged as a vehicle for trade secret misappropriation claims where a computer transmission is involved in the transfer or destruction of corporate data from a computer whose use in some way affects interstate commerce.

When enacted in 1986, the CFAA was solely a criminal statute, aimed at preventing the illegal accessing of national security information through computer use and the electronic transmission of information which could harm the United States or benefit foreign nations. Amendments to the act expanded its scope to include theft and fraud via computer; altering, damaging, and destroying data; and trafficking in passwords and other protected information.

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