The Computer Fraud and Abuse Act is a United States federal statue enacted in 1986 intended to reduce malicious interference with computer systems and prevent data theft. The CFAA can be violated in one of two... more +
The Computer Fraud and Abuse Act is a United States federal statue enacted in 1986 intended to reduce malicious interference with computer systems and prevent data theft. The CFAA can be violated in one of two ways: 1) trespassing into a computer system in which one has no authorization or 2) exceeding the scope of one's authorization within a computer system.
Death of Activist Aaron Swartz Could Spur Changes to Computer Fraud & Abuse Act
Employer’s Takeover of Former CEO’s LinkedIn Account Lawful Under CFAA
The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more
On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more
Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more
The explosive pace of new technology has enabled people to connect and communicate in ways never before possible. Lawmakers and Internet advocates must now tango with each other in a scramble to keep up with the technology...more
The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In...more
After last year's important Ninth Circuit decision from U.S. v. Nosal, I discussed my take on the ongoing debate within our federal courts over how to interpret the Computer Fraud and Abuse Act - and in particular, whether...more
In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more
One of 2012's most important competition law cases involved the Ninth Circuit's decision in United States v. Nosal, which narrowly construed the Computer Fraud and Abuse Act. Nosal determined that an employee did not violate...more
Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more
One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more
Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and...more
In This Update: - Video Privacy Protection Act Amended to Allow Sharing of Online Viewing Histories Through Social Media Platforms - New State Laws Prohibit Employers From Requesting Social Media Passwords From...more
As January draws to a close, we figured it seemed like a good time to take stock of where things stand in the world of non-competes and trade secrets....more
Shortly after entrepreneur and internet activist Aaron Swartz took his own life, his family and others were quick to blame the government’s intense prosecution for the tragedy. The incident has led many to wonder if changes...more
Facing relentless prosecutors who pressed 13 charges carrying up to 35 years in prison and millions in fines, Internet trailblazer Aaron Swartz committed suicide this weekend. ”He was killed by the government,” his father...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
Employers should be aware that the Cloud Computing Act of 2012 was recently introduced in the US Congress as an amendment to the Computer Fraud and Abuse Act (CFAA). +2012 Bill Tracking S. 3569. It would aid employers by...more
Following up our LXBN Roundtable on the subject (http://bit.ly/TqYC36), I had the chance to speak with Mintz Levin’s Martha Zackin regarding Eagle v. Edcomm—the case where a departing CEO had her LinkedIn account taken over...more
Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm....more
Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more
On September 19, 2012, Senator Klobachur introduced a bill titled “Cloud Computing Act of 2012” (the “Act”) that would amend the Computer Fraud and Abuse Act (“CFAA”). Essentially, the intent of the Act is to make it a...more
I have not done a formal "Reading List" for a while, so I included a number of different subjects into the mix. Tomorrow or early next week, I'll have a case law update. ...more
Employers in North Carolina, Virginia, Maryland, West Virginia and South Carolina have lost a potentially powerful method of protecting their electronic secrets from disgruntled employees who download sensitive material and...more
Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more
The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more
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