News & Analysis as of

Computer Fraud and Abuse Act (CFAA) Cyber Crimes

Alston & Bird

U.S. Court Rules Against Online Travel Booking Company in Web-Scraping Case

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On July 18, 2024, a federal jury in Delaware found that an online travel booking company violated the Computer Fraud and Abuse Act (CFAA) by accessing portions of a European airline’s website without permission and “with...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] "Cyberwar and the ‘Iceberg Problem’ in Ukraine and Beyond. Can the USG Stop Cyberattacks Against the Private...

Russian intelligence agencies have hacked dozens of civilian organizations in the U.S. and other Ukraine-allied nations since February. While this activity has garnered a great deal of attention due to the conflict in...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

DOJ Clarifies Policy for Prosecutions Under the Computer Fraud and Abuse Act

Takeaway: The DOJ’s recent revisions to their internal policy promote the Department’s goals that the CFAA is applied consistently by government attorneys and better understood by the public. These goals ensure that the law...more

Bracewell LLP

More Wiggle Room for White Hat Hackers?

Bracewell LLP on

On May 19, 2022, the Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who...more

Wilson Sonsini Goodrich & Rosati

DOJ Acknowledges Limits to the CFAA, but Questions (and Possible Civil Liability) Remain for Security Researchers and Others

On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, "for the first time," that the DOJ "should...more

Patterson Belknap Webb & Tyler LLP

DOJ Issues New Guidance for Charging CFAA Cases

In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more

Alston & Bird

DOJ Issues New Policy on CFAA Prosecutions

Alston & Bird on

Today, the Department of Justice (“DOJ”) updated its policy regarding charging violations under the Computer Fraud and Abuse Act (“CFAA”).  This is the first update to the DOJ’s policy since 2014, and it is effective...more

Sunstein LLP

Cyber-criminals Beware: Governmental Surveillance of Suspects Does Not Always Require a Warrant

Sunstein LLP on

A search warrant is not required for law enforcement to use pen registers to record the IP addresses visited by a criminal suspect, a federal appeals court recently held. This follows a 1979 Supreme Court case, Smith v....more

Oberheiden P.C.

The Federal Government Is Cracking Down on Cybercrime

Oberheiden P.C. on

Cybercrime has been on the rise in recent years. In response, the federal government has shown an increased interest in prosecuting cybercrime offenses. The Computer Fraud and Abuse Act, codified at 18 U.S.C. Section 1030, is...more

Oberheiden P.C.

Defending Against Federal Computer Crime Charges Under 18 U.S.C. Section 1030

Oberheiden P.C. on

The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. Section 1030, is one of the U.S. Department of Justice’s most potent weapons in its fight against cybercrimes. It outlines numerous offenses, and it imposes...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2021 #2

Robinson & Cole LLP on

CYBERSECURITY - Another Win for Justice Department: Slilpp Marketplace Takedown - People always ask me if law enforcement is having any luck in combatting cyber criminals. Let me be clear: it is a very tough job to take...more

Fox Rothschild LLP

Are You A Facebook Cybercriminal?

Fox Rothschild LLP on

Family law blogs are usually not fertile grounds to write about criminal law. Yet even family lawyers are not immune from situations where our specialty crosses paths with the dark side. We have previously written about...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Fish & Richardson

The CFAA: Shield or Anti-Competitive Sword in the World of Data Scraping?

Fish & Richardson on

Most people think of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, as the federal criminal statute addressing computer hacking and other cybercrime. But as more and more businesses vest their enterprise value in...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

King & Spalding

Department Of Justice Releases Charging Policy For Computer Crime Matters

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On October 24, 2016, the Department of Justice (“DOJ”) publicly released an internal policy memorandum dated September 11, 2014 (“the policy”), that details the factors federal prosecutors should use in determining whether...more

Robinson+Cole Data Privacy + Security Insider

The FBI’s “Cyber Most Wanted”

We’ve all heard of the FBI’s “Most Wanted” list, but fewer people know that the FBI has a special most wanted list just for computer criminals. The FBI’s “Cyber’s Most Wanted” list features the FBI’s most wanted computer...more

King & Spalding

Disgruntled Former Tribune Company Employee Who Aided Hacking Convicted; Could Face Jail Time

King & Spalding on

On October 7, 2015, former Tribune Company employee Matthew Keys was convicted of three felonies stemming in part from assistance he provided to the hacking collective Anonymous to alter content on the LA Times’ website. ...more

Robinson+Cole Data Privacy + Security Insider

Feds continue to prosecute hackers

Sergey Vovnenko, a Ukrainian hacker, was charged in New Jersey federal court this week for wire fraud conspiracy, unauthorized computer access and aggravated identity theft for allegedly hacking into networks of financial...more

Robinson+Cole Data Privacy + Security Insider

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more

Orrick - Trade Secrets Group

Hacking Your Rivals – Corporate Espionage in Major League Baseball

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

Dorsey & Whitney LLP

New Tools for Companies Against Cybercrime

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Obama administration proposal would reduce legal ambiguities and allow civil RICO claims. On January 2015, the Obama administration announced a series of proposals to strength­en the country’s response to...more

Orrick - Trade Secrets Group

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

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