The Supreme Court’s recent decision in Van Buren v. United States, S. Ct. -, 2021 WL 2229206 (2021) resolved a longstanding Circuit split regarding the scope of liability under the.
Fourth Circuit rejects predominance arguments and affirms certification of class asserting breach of contract and unconscionable inducement claims. Fifth Circuit rejects conditional certification process in FLSA collective actions, articulating a new standard to make final certification decisions before allowing cases to proceed.
On 3 June 2021, the Supreme Court of the United States (SCOTUS) issued a 6-3 decision in Van Buren v. United States, resolving a circuit split on the meaning of “exceeds authorized.
On June 3, 2021, the Supreme Court issued a 6-3 decision in
Van Buren v. United States, narrowing the scope of the Computer Fraud and Abuse Act (CFAA). In resolving a circuit split in favor of a limited interpretation of the phrase “exceeds authorized access,” the Court held that the criminal provisions of the CFAA do not apply to individuals who have authorized access to computer information, but access that information for a reason that is not permitted. The Court’s ruling curtails the federal government’s ability to charge individuals with computer fraud, including the criminalization of commonplace and potentially harmless conduct, such as sending a personal email through a work computer when a company’s policy precludes such use of the computer system.
In United States v. Van Buren, the United States Supreme Court resolved a circuit split over whether a person who is authorized to access information on a computer for certain purposes