Van Buren in Action: Third Circuit Rejects Application of the Computer Fraud and Abuse Act (CFAA) to Violations of Workplace Policies
On August 26, 2025, the Third Circuit issued an opinion in NRA Group, LLC v. Durenleau, limiting the application of the CFAA in the workplace. In a case of first impression for the Third Circuit, the Court specifically held that employees with legitimate access to company systems did not violate the CFAA by violating their employer’s computer-use policies absent any “evidence of code-based hacking.” Applying the Supreme Court’s Van Buren v. United States “gates-up-or-down” framework, the Third Circuit interpreted “without authorization” and “exceeds authorized access” under the CFAA narrowly – focusing on actual access prohibitions and restrictions. The ruling thus shields workplace computer-use policy violations by current employees, such as password sharing or improper data use, from CFAA liability (both civil and criminal) and steers employers toward other legal remedies.
DOL Confirms Cybersecurity Guidance Applies to All Employee Benefit Plans
The U.S. Department of Labor (DOL) published Compliance Assistance Release No. 2024-01 on September 6, 2024. The release, titled “Cybersecurity Guidance Update,” clarifies that the cybersecurity guidance the DOL issued in April 2021 applies to all employee benefit plans, including health and welfare plans. The DOL states that since the guidance was published, service providers have told plan fiduciaries and Employee Benefits Security Administration (EBSA) investigators that the guidance applies only to retirement plans.
