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How Website Operators Use CFAA To Combat Data-Scraping

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

White Collar Watch - June 2014

In This Issue: - Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action - Alleged illegal recruiting for...more

Mintz Levin Health Care Qui Tam Update -- Recent Developments and Unsealed Cases: September 2013

Trends and Analysis - ..We have identified 24 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only 2 were filed in 2013. Nearly half were filed before 2011. ..Among the 24...more

Notice to US Full Tilt Poker Player Victims re Fund Remission Protocols

Electronic Notice by Claims Administrator Garden City Group to US Full Tilt Poker Player Victims re Fund Remission Process, Protocols, and Procedure. --- On September 16th, 2013 the Full Tilt Poker Claims...more

Mintz Levin Health Care Qui Tam Update - Recent Developments and Unsealed Cases

Trends and Analysis: ..We have identified 20 health care-related qui tam cases unsealed in July 2013. About a quarter of those were filed in 2013. ..Among the cases unsealed in July, the government has declined to...more

The Conflicting Rules on Employee Data Theft

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more

Federal Law Provides Enhanced Trade Secret Protection for Employers

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more

Court Denies Motion for Class Certification in Hannaford

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more

High Court May Rule on Computer Law Question

On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not...more

The 9th Circuit: Employees Are Free to Steal from the Company Computers

Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the...more

Company computer policies risk becoming obsolete -- Policies must reflect new laws and court decisions on data theft, social...

Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more

The Rise of the Computer Fraud and Abuse Case

Major changes are in the works for the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. In the past ten years, the CFAA has moved from obscurity into the limelight as Congressional amendments drastically increased its...more

Holding Passwords Hostage - International Extortion Foiled

In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into...more

After Last Week’s Oral Argument Will the 9th Circuit Reverse Its Decision that the Computer Fraud and Abuse Act Applies to...

On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on the...more

After Last Week's Oral Argument Will the 9th Circuit Reverse Its Decision that the Computer Fraud and Abuse Act Applies to...

On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on...more

Suing Employees for Computer Fraud Gets Easier

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more

Two Federal Geolocation Tracking Bills Introduced

Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and The Geolocation Privacy...more

Sex Crimes, Cell Phones and the Computer Fraud and Abuse Act

If anyone deserves a longer sentence, it is a sex offender who victimizes minors. But no one would ever have anticipated that a sex offender would receive extra prison time for using a basic cell phone in the furtherance of...more

• THE 6TH CIRCUIT AFFIRMS THE COMPUTER FRAUD AND ABUSE CONVICTION OF AN IT EMPLOYEE

• Last week the Sixth Circuit Court of Appeals upheld the criminal conviction for the Computer Fraud and Abuse Act (“CFAA”) of an employee who stole confidential data from his employer’s computers. ...more

The Computer Fraud and Abuse Act: An Uncertain Path for Bringing Trade Secrets Litigation in Federal Court

As part of its sweeping Comprehensive Crime Control Act of 1984, Congress enacted a criminal statute prohibiting the “unauthorized access” of information contained in federal government computers and computers employed by...more

The 11th Circuit Provides Guidance on Pursuing Ex-Employees Who Steal from Company Computers

This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the...more

CAN YOU RELY ON YOUR CORPORATE COMPUTER POLICIES TO SUE EX-EMPLOYEES WHO STEAL COMPANY DATA?

Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer...more

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