The employer had not taken a single step to rescind permission and no contract linked the employer’s authorization to employee status.
Vacating the conviction of an employee’s co-conspirator in a case concerning charges brought under the Computer Fraud and Abuse Act (CFAA), a divided Third Circuit held that an employee is no longer authorized to access an employer’s computer when the employer rescinds their permission to use it. In the absence of a contract saying so, an employee’s resignation alone does not rescind the employer’s authorization for them to use the employer’s computer, said the court. Dissenting, Judge Montgomery-Reeves contended that a jury can consider an authorizing party’s actions when determining whether an authorizing party acted “without authorization,” and would have affirmed because the district court correctly allowed a jury to consider whether the cessation of employment impliedly rescinded authorization in this case (United States v. Eddings, No. 23-3017 (3d. Cir. Dec. 9, 2025)).
On August 14, 2014, an employee started a job helping the Prostate Cancer Foundation (PCF) organize a fundraiser. To plan the event, the employee needed to read, write, and send emails on behalf of a PCF board member. PCF installed a link on the employee’s personal computer that would enable her to use the board member’s account without knowing the password herself.
Resignation. After a few days, the employment relationship deteriorated. The employee was under the...
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