Mike Miller resigned from his position as Project Director for WEC Carolina Energy Solutions, Inc. (WEC). Twenty days later, he made a presentation to a potential WEC customer on behalf of WEC's competitor, Arc Energy Services, Inc. (Arc). The customer ultimately chose to do business with Arc.
WEC contends that before resigning, Miller, acting at Arc's direction, downloaded WEC's proprietary information and used it in making the presentation. WEC sued Miller, his assistant Emily Kelley, and Arc for, among other things, violating the Computer Fraud and Abuse Act (CFAA). The district court dismissed WEC's CFAA claim, holding that the CFAA provides no relief for an employee data breach.
This week, the Fourth Circuit Court of Appeals affirmed that decision.