Hackers Computer Fraud and Abuse Act (CFAA)

News & Analysis as of

Password sharing and “head-slap hacks”: What employers can do

If you have ever wondered why your company’s data is not as secure as it should be, take a look in the mirror. A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of...more

Ninth Circuit Rules that CFAA Imposes Criminal Penalties When Terminated Users Try To Access Systems With Borrowed Passwords

It can be a violation of the federal Computer Fraud and Abuse Act (“CFAA”) to “access[] a protected computer without authorization.” The CFAA clearly applies when criminals with no connection to a company try to force their...more

Criminal Sanctions in a Trade Secret Dispute

Just a few days after the Major League Baseball season opens next month, former St. Louis Cardinals scouting director Chris Correa will attend a sentencing hearing where he faces to up to five years in prison, a $250,000...more

Another Cyber Coverage Gap? Some Carriers Resisting Coverage Of Commercial Cyber Fraud

In the fast-developing world of cyber threats and corresponding cyber coverage, at least two insurance carriers are pushing back against covering losses arising out the transfer of funds to cyber fraudsters after employees...more

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

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

Time Is Precious with Computer-Hacking Claims

A recent ruling shows that plaintiffs must act fast when using a federal criminal statute for a civil suit. The U.S. Court of Appeals for the Second Circuit in August addressed the proper application of the statute of...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

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

Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients

Here’s a recent victory we obtained on behalf of our clients SunEdison, Inc., et al. The individual defendants (then-current employees of SunPower, Inc.) were alleged to have violated the federal Computer Fraud and Abuse Act...more

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

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

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence...more

Lenovo’s Unsecure Adware On Consumer PCs Prompts Class Action Lawsuits

Security experts recently discovered that about 50 different consumer PC models sold by Lenovo since September 2014 were shipped with adware known as Superfish Visual Discovery that could be exploited by hackers to spoof...more

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

Access Of Computer System With Log-In Credentials Is Not Unlawful “Hacking”

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?

LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern...more

A Weapon Against Hackers on the Home Front

Although headlines have focused on foreign cyberattacks, plenty are U.S.-based—and can be remedied. Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to...more

A Weapon Against Hackers on Home Front

Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to nation-state hackers like China, which have reportedly accessed and stolen highly con­fidential data by...more

Hacking Back: For Now, Be Vigilant Rather Than a Vigilante

In the cyber-security world, "hacking back" – using hacker-like techniques to defend a company's IT systems by going on the offensive and instituting countermeasures to cyberattacks -- is generating much buzz. For example,...more

Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030) levies penalties on a person who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any...more

Andrew Auernheimer Appeals Hacking Conviction

Earlier this week, attorneys for convicted computer hacker Andrew “Weev” Auernheimer filed their opening brief in their appeal to the U.S. Court of Appeals for the Third Circuit to have his conviction overturned....more

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