Key Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable steps…more
SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the…more
When I do presentations on the Computer Fraud and Abuse Act, one of the issues I speak about is how we see CFAA issues arise in many unexpected cases such as those in the family law context. We now have another great example of…more
The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the defendant…more
The message–that’s what I’m talking about–who’s gonna get the message sent to them first?
Data breaches, hacking, and privacy are one of the biggest news stories since 2011 and there is no sign that will be changing anytime…more
Texas amended its existing data breach notification law which became effective on September 1, 2012. The relevant section of the law is titled “Notification Required Following Breach of Security of Computerized Data” and is…more
Do alleged violations of the Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act committed by a company’s Regional Manager make the company liable?
No, as long as the Regional Manager was not acting on…more
If your company has employees managing its social media you better have a policy that makes it clear when they are "on the clock" and "off the clock" or you could end up in trouble for violating the Fair Labor Standards Act…more
It is foolish to not have one. Having a social media policy is like having a Will for your businesses’ branding and marketing efforts and the cost of getting that policy will likely be less than the bill for the first day in…more
A judge “across the pond” ruled that an employee’s LinkedIn contacts were, in essence, trade secrets of his former employer where those contacts were created during the term of employment and mimicked the employer’s confidential…more
Ford wants its cars connected to the Internet. By now we all know from my previous post on United States v. Kramer that the Computer Fraud and Abuse Act applies to anything with a microchip or data processor that is connected to…more
Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give consumers…more
This article provides an update of recent cases involving the Computer Fraud and Abuse Act that have been decided over the last couple of weeks. One of particular interest, Yoder & Frey Auctioneers, Inc. v. Equipmentfacts, LLC,…more
The Intended Use Theory of access under the Computer Fraud and Abuse Act (“CFAA”) has been all the rage since the Ninth Circuit handed down its opinion in United States v. Nosal but that doesn’t mean the Agency Theory has gone…more
This article analyzes the recent Ninth Circuit case Doyle v. Chase. This case demonstrates that a plaintiff’s claim that he would need to retain a forensic computer expert to examine a third party’s computer to detect and delete…more
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