Computer Fraud and Abuse Act

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. less -
News & Analysis as of

Responding to Insider Data Theft

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jonathan Cain and Paul Pelletier’s Responding to Insider Data Theft & Disclosure presentation. Jonathan and Paul discussed how distinguishing...more

What Recent Case Law Can Teach About BYOD Workplaces

Bring Your Own Device (“BYOD”) is a movement that is changing the IT landscape of workplaces. In a BYOD workplace, employees use their own mobile device—smartphones, tablets, laptops, etc.—for both work and personal use. ...more

Developments in Privacy and Cybersecurity Legislation

On January 13, 2015, the Obama Administration presented to Congress an updated legislative proposal to improve American cybersecurity and data privacy protection....more

Fourth Circuit Upholds Federal Criminal Conviction for Accessing Former Employer's Database

The federal Computer Fraud and Abuse Act (CFAA) was primarily intended to deter and punish database hacking by third parties. Employers involved in disputes with former employees have attempted to use CFAA in response to...more

President Presses For Action On Cybersecurity Legislation In State Of The Union

On January 20, 2015, President Obama delivered his sixth State of the Union address, during which he pressed for Congress to take action to combat cybersecurity threats. He called on Congress to “finally pass the legislation...more

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

White House Proposal: Beef Up Anti-Hacking Laws and Resolve a Circuit Split

President Obama wants to go where the Supreme Court refused to tread.  As part of his  cybersecurity and privacy initiatives, which we discussed last week, the President would strengthen the federal anti-hacking provisions of...more

Alert: Obama Makes Cybersecurity A National Priority

Over the past two weeks, President Obama has made clear that cybersecurity continues to be a concern, and he and the administration are increasing their focus on the issue. ...more

The Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”

In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our...more

President Obama Announces New Legislative Proposal Focused on Improving the Nation’s Cybersecurity

In response to the recent wave of high-profile data breaches, President Obama has revealed proposed legislation aimed at improving the nation’s cybersecurity by increasing certain privacy protections, streamlining the...more

State Of The Union “Sneak Peek” Highlights Administration Cybersecurity Initiatives

As part of a series of “sneak peeks” announced in advance of the State of the Union address on Tuesday, January 20th, President Obama made remarks last week before the Federal Trade Commission, the Department of Homeland...more

What Obama's Proposed Anti-Hacking Legislation Means for Entrepreneurs

The slew of highly publicized data breaches over the past few years has brought the issue of cyber-security truly to the mainstream -- most recently reaching our living rooms through President Barack Obama’s State of the...more

President Obama Proposes New Data Privacy Legislation

On January 12, President Obama announced new privacy initiatives to combat identity theft, enhance consumer security, and improve data privacy online and in the classroom. His main legislative proposals call for (i) a...more

President Obama’s 2015 Priorities Include Cybersecurity

During his recent State of the Union address, President Obama called on Congress “to finally pass the legislation we need to better meet the evolving threat of cyber attacks, combat identity theft, and protect our children’s...more

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

White House Takes Action on Data Breach, Cybersecurity and Privacy; Calls on Congress to Follow Its Lead

2014 has been described as the "Year of the Data Breach." With data breaches, cyber attacks and privacy issues regularly in the news, the White House orchestrated a series of events this week to highlight administration...more

Nosal Returns to the Ninth Circuit Posing the Question: Is a Password a Sufficient “Technological Access Barrier” Under the CFAA?

Observers following the legal issues surrounding the prosecution of David Nosal will be watching closely in 2015 as the former Korn Ferry executive returns to the Ninth Circuit to appeal his 2013 conviction on three counts of...more

Consent is Key for BYOD

With Black Friday behind us and holiday shopping still heating up, ‘tis the season when many of us will acquire new gadgets and technology to power our digitally-enhanced lives. For businesses, this time of year also means...more

QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

TRO LLC – GET IT? Sprung From Prison, Hacker Creates Hedge Fund That Shorts Stocks Of Companies With Security Vulnerabilities

Self-proclaimed Internet troll and hacker Andrew “weev” Auernheimer has big plans now that he’s been sprung from prison. We identified Auernheimer’s imprisonment and appeal as one of the top trade secret stories of...more

The CFAA Does Not Apply To Facebook Photo Theft

The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030 et seq, is a criminal statute that forbids, among other things, "intentionally access[ing] a protected computer, without authorization" when the access...more

Common Flaws in Computer Fraud Class Actions: Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key...

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking...more

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

Access Of Computer System With Log-In Credentials Is Not Unlawful “Hacking”

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

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