Sam Hartig worked at and resigned from Sam’s Wines & Liquors, Inc. Sam’s Wines alleges that Hartig stole and misappropriated confidential customer data from the company computer system. The customer...

Sam Hartig worked at and resigned from Sam’s Wines & Liquors, Inc. Sam’s Wines alleges that Hartig stole and misappropriated confidential customer data from the company computer system. The customer data was password protected and employees with access, like Hartig, were required to sign a form indicating that they would not disclose the information. Sam’s Wines alleges that Hartig stole the information and took it to his new employer, Plinio Group LLC. At Plinio, Hartig used the information to obtain new customers. Hartig and Plinio moved to dismiss the claim as failing to state a claim under the Computer Fraud and Abuse Act. Defendants claim that because Hartig was an authorized employee, he could not violate the sections of CFAA requiring that the use be unauthorized or exceed authorized access. Defendants also claim that the complaint does not properly plead damage under CFAA. Defendants argue that the misappropriation of data does not impair the integrity or availability of the data. Do you think the plaintiff has properly pled damage and lack of authorization under CFAA? How should the court rule on the defendant’s motion to dismiss? Sam’s Wines & Liquors, Inc. v. Hartig, 2008 U.S. Dist. LEXIS 76451 (N.D. Ill. Sept. 24, 2008).