2007-10-13 CFAA and Employment Agreements

In light of recent divergent decisional authority interpreting jurisdictional thresholds for Computer Fraud and Abuse Act ("CFAA" actions), it may be a good idea to add language to new and existing contracts of employment (and employee handbooks, where employment is "at will") to expressly articulate that any appropriation, access or use of employer information *during employment* is unauthorized and further that any such appropriation, access or use shall be deemed to cause damage in excess of $5000 (the CFAA jurisdictional amount). Upon-termination authority revocation and damages provisions should always be part and parcel of any such agreement. For existing employees, it's also a good idea to have executed a similar agreement supplement or handbook update.