Monday, April 03, 2006, 4/03/2006 05:11:00 PM

Computer Fraud and Abuse -- From Arkansas (Pacer Req'd)

In Nilfis-Advance, Inc. v. Mitchell, 2006 WL 827073 (W.D.Ark. Mar 28, 2006), the court considered a motion to dismiss in a case by an employer against a former employee who undertook the now-standard download of company information just prior to his termination. Specifically, the complaint alleged that the defendant sent emails to his personal email address containing numerous electronic documents and files with confidential information and trade secrets relating an "orbital scrubber" he was developing.

Defendant contended that those allegations could not support a claim under the Computer Fraud and Abuse Act. The court disagreed holding that the facts that the form of files sent -- zip files -- were not in a form used by the defendant at work and that the transmission occurred after the employee had decided to resign both supported the contention that the defendant exceeded his authority in violation of the CFAA.

Motion to dismiss denied.

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