from the court-may-think-so... dept
It's difficult to see how this amounts to "hacking" or unauthorized access, and so the guy sought to have the case dismissed. Yet the court is allowing it to go forward, saying that the destruction of the hard drive was "without authorization" and thus the action fits under the CFAA. The problem here, as in other CFAA cases, is that it seems to interpret almost anything that doesn't have direct authorization as being "unauthorized access" and thus, the equivalent of fraud or hacking. But in this case, it seems pretty clear that the guy didn't do anything to harm the original company. He was just a little overzealous in trying to protect his personal info. Considering that his expertise as a consultant was in security and privacy... perhaps his actions aren't all that surprising, really. What really is questionable here is why D&T is suing in the first place. They got back the computer with a newer hard drive, so it's not like he returned a broken sytem to them.