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Third Circuit: CFAA Not a Backdoor Mechanism for Punishing Employees

By aligning with the Supreme Court’s reasoning in Van Buren v. United States,the Third Circuit emphasizes that the CFAA should not serve as a catchall enforcement tool for employers. The decision draws a clear boundary between criminal conduct and employment disputes, reinforcing that the CFAA is not a backdoor mechanism for punishing employees.

7 minute read October 31, 2025 at 11:09 PM
By
Peter Brown and Doron Goldstein
Third Circuit: CFAA Not a Backdoor Mechanism for Punishing Employees

“In the wrong hands, the law becomes a hammer in search of a nail.” —Judge Thomas L. Ambro, Third Circuit.

A senior manager at NRA Group LLC was at home sick with COVID-19.

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