Computer Fraud and Abuse Act

News & Analysis as of

Facebook Updates Its Policies for Deceased Users

According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. ...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada

Imagine a poker player who played an extraordinary amount of video poker and in doing so discovered a software bug that would allow him to achieve significant payouts through a series of unusual moves. These moves would...more

Downloading Into Prosecution

The federal government has been quite aggressive in prosecuting Internet downloaders under the Computer Fraud and Abuse Act, so aggressive that one downloader, Aaron Swartz, committed suicide in despair....more

The Conflicting Rulings on Employee Data Theft

Employers should include access restrictions in agreements, limit access with technology and consider the jurisdiction. In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime...more

LEGISLATIVE UPDATE: Rep. Zoe Lofgren Proposes New Legislation, Including A Civil Cause Of Action For Trade Secret Misappropriation

We previously reported on the downpour of recent trade secret activity in Congress. Last week, Congresswoman Zoe Lofgren (D-Cal.) added to the deluge by introducing two bills bearing on trade secret misappropriation...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

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