News & Analysis as of September 20, 2024

Cybersecurity › Computer Fraud and Abuse Act (CFAA)

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

From Skinware to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar

Proskauer on Privacy on 5/7/2024

While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of...more

Data Privacy: Evolving Updates to the Global Landscape

Morgan Lewis on 9/15/2022

World events, such as the COVID-19 pandemic, have accelerated the need for business operations to grow more digitally reliant and driven. As the global network grows and becomes more interconnected, privacy and...more

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

EDRM - Electronic Discovery Reference Model on 8/31/2022

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

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

Pietragallo Gordon Alfano Bosick & Raspanti,... on 6/17/2022

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

More Wiggle Room for White Hat Hackers?

Bracewell LLP on 6/9/2022

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

DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use

Jenner & Block on 6/2/2022

On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security...more

Relief for White Hat Hackers and Web Scrapers?

McDermott Will & Emery on 5/26/2022

In an effort to “promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in...more

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

Wilson Sonsini Goodrich & Rosati on 5/26/2022

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

DOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters

Proskauer - New Media & Technology on 5/25/2022

On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...more

DOJ Issues New Guidance for Charging CFAA Cases

Patterson Belknap Webb & Tyler LLP on 5/24/2022

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

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

ArentFox Schiff on 5/19/2022

Connecticut Passes the Fifth US State Consumer Privacy Law - The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more

Mint Gets Data Breach Claims Dismissed

Sheppard Mullin Richter & Hampton LLP on 5/16/2022

California federal Judge William Alsup dismissed various claims against Mint Mobile LLC based on a data breach that exposed personal information of Mint customers. Plaintiff Daniel Fraser alleged that Mint, a mobile virtual...more

Cyberside Chats: Everyone wants to be Batman. Hacking Back & Cybersecurity Law

Epiq on 4/29/2022

Professor, Attorney and Expert in Cybersecurity Policy & Governance, Kevin Powers joins Jerich Beason & Whitney McCollum to discuss where the law stands on “Hacking Back”. Everyone at some point wants to be Batman. During...more

State Department Offers $10M Reward for Information on Russian Officers Involved in Malicious Cyber Activities

Robinson+Cole Data Privacy + Security Insider on 4/28/2022

The U.S. Department of State has announced a $10 million reward for “information leading to the identification or location of any person who, while acting at the direction or under the control of a foreign government,...more

US Cybersecurity and Data Privacy review and update: Looking back on our 2021 articles and planning ahead for 2022

Eversheds Sutherland (US) LLP on 1/27/2022

The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay...more

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

Sunstein LLP on 12/22/2021

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

The Federal Government Is Cracking Down on Cybercrime

Oberheiden P.C. on 11/9/2021

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

Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren

Amundsen Davis LLC on 11/9/2021

In today’s digital age, employers store immense amounts of information, including confidential and proprietary information, on their on-premises systems, cloud-servers and other data storage solutions. With this collection of...more

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

Oberheiden P.C. on 9/1/2021

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

Privacy & Cybersecurity Update - June 2021

Skadden, Arps, Slate, Meagher & Flom LLP on 7/9/2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the European Commission’s new Standard Contractual Clauses and the European Data Protection Board’s new recommendations on international data flows. We...more

Data Privacy + Cybersecurity Insider - June 2021 #2

Robinson & Cole LLP on 6/18/2021

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

Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks

Eversheds Sutherland (US) LLP on 5/6/2021

Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in United States courts. While Congress has previously refused to...more

Trove of Online LinkedIn User Data Fuels LinkedIn’s Anti-Scraping Position

Proskauer - New Media & Technology on 4/14/2021

Last week, the Italian data protection authority (the “GPDP”) opened an investigation after reports that a dataset allegedly containing data compiled from 500 million LinkedIn profiles and other websites was available for...more

Decoded: Technology Law Insights - Issue 11, December 2020

Spilman Thomas & Battle, PLLC on 12/3/2020

Brexit Effects on Trademarks Beginning January 1 - Trademark owners with registrations in EU where the UK is designated should soon receive notification for treatment of registrations and applications following the Brexit...more

Digital Assets in Estate Planning: Cybersecurity Concerns and Considerations

Ballard Spahr LLP on 9/14/2020

With the rise of the digital world, many estate planning clients have accumulated large collections of “digital assets” that are stored online. In its simplest form, a “digital asset” is a non-physical asset that exists...more

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Cybersecurity › Computer Fraud and Abuse Act (CFAA)

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