News & Analysis as of

Data Security Computer Fraud and Abuse Act (CFAA)

Morgan Lewis

Data Privacy: Evolving Updates to the Global Landscape

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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

McDermott Will & Emery

Relief for White Hat Hackers and Web Scrapers?

McDermott Will & Emery on

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

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

Sheppard Mullin Richter & Hampton LLP

Mint Gets Data Breach Claims Dismissed

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

Epiq

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

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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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

ArentFox Schiff

SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.

ArentFox Schiff on

SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act. In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...more

Sheppard Mullin Richter & Hampton LLP

New Decision Narrows Scope of Georgia Computer Trespass Statute

The Georgia Supreme Court recently concluded that Georgia’s equivalent of the CFAA should be viewed narrowly, similar to the US Supreme Court’s recent, similar decision in Van Buren. In Kinslow v. State, the Georgia Supreme...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

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Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

Seyfarth Shaw LLP on

On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 25

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - Cybersecurity Standards Issued for Government Contractors - On January 31, the Office of the Under Secretary of Defense for Acquisition and...more

Farella Braun + Martel LLP

Facebook Suspends Apps That Scrape Data From Its Platform Following Cambridge Analytica Scandal

Facebook announced on September, 20th, that it has suspended tens of thousands of apps from interoperating with the Facebook platform alleging misuse of Facebook members’ personal data. This is a continuation of the Cambridge...more

Holland & Knight LLP

Authorized Access of Proprietary Information and Impact on CFAA Claim

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Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business. In these inevitable scenarios, the loss – potential or actual – of the company's...more

Fox Rothschild LLP

Tennessee District Court Deepens The “Without Authorization” Divide Under The Computer Fraud And Abuse Act

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A Tennessee District Court recently ruled in Wachter Inc. v. Cabling Innovations, LLC, 3:18-cv-00488 (W.D. Tenn. May 7, 2019) that two former employees with permitted access to company computers were not liable under the...more

Jackson Lewis P.C.

District Court Finds No CFAA Violation Where Employee Shares Confidential Company Information With Competitor

Jackson Lewis P.C. on

A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a...more

Zuckerman Spaeder LLP

You’ve Got My Mail: Court Rejects Challenge to Employer’s Computer Access

Zuckerman Spaeder LLP on

Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files. For example, the National Institute for Newman Studies is devoted to...more

Clark Hill PLC

Crafting "Bring Your Own Device" ("BYOD") Policies to Protect Your Company Data and Ensure Compliance with the Law

Clark Hill PLC on

It’s hard to believe that just over a decade ago, the modern touchscreen smartphone was first introduced. Amidst the “oos” and “ahs” of the crowd, Steve Jobs unveiled the revolutionary Apple iPhone on June 29, 2007. The...more

Proskauer - New Media & Technology

Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts

This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly scraped a large amount of proprietary data from its closed site via several...more

Fisher Phillips

Security Breached – Tips for Mitigating and Protecting Private Information from Inside and Outside Threats

Fisher Phillips on

If you’re going to demote or terminate your in-house tech expert, you should plan that event very carefully. Our firm is now helping a client with damage control and data recovery upon discovering – a week after their...more

Jackson Lewis P.C.

SCOTUS Will Not Review CFAA Password Sharing Case

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The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Manatt, Phelps & Phillips, LLP

Federal Lawmakers Consider IoT Security Standard

A new federal bill would regulate security for Internet of Things (IoT) devices by requiring government vendors to conform to standards and make sure that products can have security problems patched....more

Jackson Lewis P.C.

Company Awarded Damages After Former Employee Hacks Its Systems And Hijacks Its Website

Jackson Lewis P.C. on

A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal...more

Jackson Lewis P.C.

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

Jackson Lewis P.C. on

A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

Davis Wright Tremaine LLP

RFI on Consumer Data Sharing Shows CFPB Interest in Data Aggregators

The Consumer Financial Protection Bureau (CFPB or the “Bureau”) has recently expressed interest in how consumer financial information aggregators and financial services companies interact to share and protect financial data...more

Orrick, Herrington & Sutcliffe LLP

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

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