Criminal Prosecution Computer Fraud and Abuse Act (CFAA)

News & Analysis as of

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July...more

When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the...more

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Sparks Fly in Ninth Circuit’s Nosal II Opinion

As many loyal TSW readers know, we’ve been watching the ongoing saga involving ex-Korn Ferry recruiter David Nosal wind its way through the courts since the early days of this blog. And last month, the highly anticipated...more

Ninth Circuit Provides Clarification Concerning the Definition of Trade Secret

On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a...more

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Breaking News: Hacker’s Conviction Affirmed Despite Lower Court’s Error

This week, the United States Supreme Court upheld a conviction under the Computer Fraud and Abuse Act despite the Court’s acknowledgement that the jury had been wrongfully instructed on the elements of the crime charged. ...more

Baseball Executive Caught Stealing, Pleads Guilty To Violation Of Computer Fraud And Abuse Act

A scandal in America's Pastime has culminated with a baseball executive, Christopher Correa, pleading guilty on January 8, 2016 to violating the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, et seq. The guilty plea...more

Cybersecurity and Data Privacy and E-Discovery and Information Management: Second Circuit Draws Line Between Employees and Hackers...

Employers in New York face a heightened hurdle to holding employees legally accountable for theft and other misuse of company data after the Second Circuit’s recent decision in United States v. Valle. The Court has held that...more

Nosal Update: Ninth Circuit Hears Oral Arguments on Password Sharing and Scope of Computer Fraud and Abuse Act

On October 20, 2015, a Ninth Circuit panel consisting of Chief Judge Sidney Thomas and Judges M. Margaret McKeown and Stephen Reinhardt heard oral argument from the U.S. Department of Justice and counsel for David Nosal on...more

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

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

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...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

Don’t Do the Crime If You Can’t Do The Time: Top 10 Criminal Trade Secret Sentences

Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

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