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ARTICLE · 29 OCTOBER 2012

Cloud Computing Protections For Employers In New Bipartisan Bill?

Who says D.C. is completely gridlocked?

United StatesEmployment and HR

Who says D.C. is completely gridlocked?

In September, Senators Amy Klobuchar (D–Minn.) and John Hoeven (R–N.D.) introduced the Cloud Computing Act of 2012 (S.3569) as a proposed amendment to the Computer Fraud and Abuse Act (CFAA). 

The CFAA is a hybrid criminal-civil law, passed originally as a purely anti-hacker criminal statute, which prohibits wrongful access to computers. It has been used with varying success by employers to deal with internal data breaches and misappropriation by employees.

This bipartisan tweak to the CFAA would specify that each instance of "unauthorized access" (the lynchpin of liability under the CFAA) of a cloud computing account is a separate offense. Loss is presumed to be the greater of the value of the loss of use or information, or a minimum of $500 multiplied by the number of cloud computing accounts accessed. 

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