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December 21, 2022

ABC is a commercial real estate brokerage business. It sells to prospective buyers access to a high-quality database of sales leads related to commercial properties.

ABC is a commercial real estate brokerage business. It sells to prospective buyers access to a high-quality database of sales leads related to commercial properties. The database contains no personally identifiable information, but the sales leads are unquestionably valuable. One day, while maintaining the database, an engineer working for ABC company makes a mistake: they forgot to reconfigure the access control security measures. As a result, the database was practically public. Even though a login prompt would appear on the website, anyone could leave those fields blank and click through to get access to the full database. DEF company, a competitor to ABC company, realizes this before the problem is fixed and scrapes the entire database. ABC sues under the CFAA. Who do you think should win the case, and why? Support your reasoning by drawing from the readings and statute.

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