“In the wrong hands, the law becomes a hammer in search of a nail.”
Absent “evidence of code-based hacking, the CFAA does not countenance claims premised on a breach of workplace computer-use policies by current employees,” the Third Circuit declared, holding for the first time that the text and purpose of the Act “does not turn these workplace-policy infractions into federal crimes.” Affirming summary judgment in favor of two NRA Group employees who had been sued by the company after they violated several of its computer-use policies, the court also held that “passwords that protect proprietary business information are not themselves trade secrets under federal or Pennsylvania law” (NRA Group, LLC v. Durenleau, No. 24-1123 (3d Cir. Aug. 22, 2025)).
Because NRA, a debt-collection company, has access to personally identifiable information about individual debtors, it has comprehensive written data protection and computer use policies. Its systems are also protected by digital firewalls so employees can access the systems only when they are physically present in the office or by using a company-issued laptop and virtual private network. They cannot access the company’s systems through any personal or mobile devices but can access their NRA email accounts on their cell phones.
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