No federal computer fraud claim against employees who misused information

You have an employee who was authorized to use computers for one purpose (say his job). And that employee misused the information (say by using it to start a competing company).

Well, maybe you have a trade secret claim against them. And maybe you have a claim under the California Comprehensive Computer Data Access and Fraud Act. 

But you don’t have a claim under the Computer Fraud and Abuse Act. Many cases have recognized that this law doesn’t apply to people who exceed their authorization. And this San Diego case is yet another one.

Maybe you're wondering, what if the employee wasn’t authorized to use the computer. What then?

The same San Diego court tackled that question in a later opinion. 

You're going to have a claim under the law. But you’re going to have allege facts showing that the employee wasn’t authorized to use the computers but did so anyways.

The San Diego court required specificity on this one. You can'‘t just say that the employee used the computers. You’ve got to say how he used them, and where.

The plaintiff didn’t. So the court dismissed it again.