Client Alert: SCOTUS Limits the Reach of the Computer Fraud and Abuse Act, with Implications for Cybersecurity, Trade Secrets Litigation, and Beyond
Publications
June 9, 2021
On June 3, 2021, the US Supreme Court issued a much-anticipated decision interpreting the scope of the federal Computer Fraud and Abuse Act of 1986 (CFAA) not to cover situations in which the defendant was authorized to access information on a computer yet did so for an improper purpose. The decision, which was widely expected after oral argument in November, carries a range of cybersecurity implications for businesses, such as the need to reassess employee access and website terms of service, while simultaneously narrowing the types of trade secret misappropriation that can be addressed through civil claims under the CFAA. In addition, one aspect of the Court’s reasoning, involving the types of “damages” or “loss” required for civil CFAA claims, may further limit the damages available in civil claims brought under the CFAA to harm caused by the intrusion itself rather than any downstream harm caused by misappropriation or misuse of the information obtained. At the same time, the decision leaves several key issues unresolved.
To read the full alert, please click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
June 9, 2021
On June 3, 2021, the US Supreme Court issued a much-anticipated decision interpreting the scope of the federal Computer Fraud and Abuse Act of 1986 (CFAA) not to cover situations in which the defendant was authorized to access information on a computer yet did so for an improper purpose. The decision, which was widely expected after oral argument in November, carries a range of cybersecurity implications for businesses, such as the need to reassess employee access and website terms of service, while simultaneously narrowing the types of trade secret misappropriation that can be addressed through civil claims under the CFAA. In addition, one aspect of the Court’s reasoning, involving the types of “damages” or “loss” required for civil CFAA claims, may further limit the damages available in civil claims brought under the CFAA to harm caused by the intrusion itself rather than any downstream harm caused by misappropriation or misuse of the information obtained. At the same time, the decision leaves several key issues unresolved.
To read the full alert, please click here.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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