Two cases decided in the past month — LVRC Holdings LLC v. Brekka, No. 07-17116, 2009 WL 2928952, (9th Cir. Sept. 15, 2009) and U.S. v. Drew, No. CR 08-0582, 2009 WL 2872855 (C.D. Calif. Aug. 28, 2009) — raise the prospect that the federal Computer Fraud and Abuse Act (CFAA), U.S.C. 1030, will for the first time in its 25-year history be interpreted by the U.S. Supreme Court. This article will review Brekka and Drew, their likely outcomes on appeal and what businesses should do in response to these decisions.

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