News & Analysis as of

Hackers Computer Fraud and Abuse Act (CFAA) Cybersecurity

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

Bracewell LLP

More Wiggle Room for White Hat Hackers?

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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

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

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

Proskauer - New Media & Technology

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

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

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

Epiq

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

Epiq on

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

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

Eversheds Sutherland (US) LLP

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

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

Patterson Belknap Webb & Tyler LLP

Capital One Hack Prosecution Raises New and Old Questions about Adequacy of CFAA

On August 28, 2019, almost a month after Paige A. Thompson was arrested based on allegations that she hacked into servers rented by Capital One Financial Corporation, a criminal indictment was returned charging her with one...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - July 2018 #2

Robinson & Cole LLP on

We have previously reported on the ongoing cybersecurity issues with St. Jude defibrillators [view related posts here, here, and here]. On June 29, 2018, the Food and Drug Administration (FDA) classified the required firmware...more

Patterson Belknap Webb & Tyler LLP

Court Rejects Evidentiary and CFAA Vagueness Challenges to Conviction for Botnet Hacking Scheme

In United States v. Gasperini, the Court (Cabranes, Lynch, Carney) resolved various challenges by Fabio Gasperini, an Italian citizen, to his conviction under the Computer Fraud and Abuse Act of 1986 (“CFAA”). ...more

Fish & Richardson

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

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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, A-Z: C is for CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal “anti-hacking” statute (or sometimes referred to as a “computer trespass” statute). In essence, the CFAA prohibits intentional unauthorized access into another...more

Orrick - Trade Secrets Group

(Alleged) Spammer Squares Off With (Alleged) Hacker, Highlighting Risk of Cyber Threats

What’s in a name? Obviously a lot, as businesses in all industries invest significant time and money to protect their reputations. But, in some sectors, the line between positive and pejorative can be quite thin. Take...more

Jackson Lewis P.C.

Companies May Soon Have a New Defense Against Cyber-Attacks

Jackson Lewis P.C. on

The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and...more

Baker Donelson

You Asked: Can My Employees Hack My Company?

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Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more

Constangy, Brooks, Smith & Prophete, LLP

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 data...more

King & Spalding

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

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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

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

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

A Weapon Against Hackers on the Home Front

Dorsey & Whitney LLP on

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

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