News & Analysis as of

Supreme Court of the United States › Computer Fraud and Abuse Act (CFAA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Proskauer - New Media & Technology

Another Web Scraping Dispute Focused on Travel Data

Proskauer - New Media & Technology on

In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time...more

ArentFox Schiff

December 2022 AFS Privacy Report: Pandora's Virtual Try-On Tool Leads to BIPA Class Complaint

ArentFox Schiff on

Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint - On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

Proskauer - New Media & Technology on

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

Bracewell LLP

More Wiggle Room for White Hat Hackers?

Bracewell LLP on

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

Foley & Lardner LLP

New DOJ CFAA Enforcement Policy Offers Solace to White Hat Computer Security Researchers

Foley & Lardner LLP on

For years, courts and commentators have mused about hypothetical Computer Fraud and Abuse Act (CFAA) violations by computer security researchers. On May 19, 2022, the United States Department of Justice (DOJ) published...more

ArentFox Schiff

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

ArentFox Schiff on

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

McDermott Will & Emery

Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights

McDermott Will & Emery on

On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...more

Weintraub Tobin

The Continuing Battle Over LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Act

Weintraub Tobin on

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation, in which the Court agreed with a lower court that had issued a preliminary injunction against LinkedIn...more

Proskauer - New Media & Technology

Taking Cue from the Supreme Court’s Van Buren Decision, Ninth Circuit Releases New Opinion Holding Scraping of Publicly Available...

Proskauer - New Media & Technology on

On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s...more

ArentFox Schiff

2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

ArentFox Schiff on

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more

Amundsen Davis LLC

It May Become More Difficult for Employers to Legally Protect their Confidential and Proprietary Data

Amundsen Davis LLC on

Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information...more

Houston Harbaugh, P.C.

CFAA Update: The Supreme Court Provides Guidance in Computer Fraud and Abuse Act (CFAA) Cases

Houston Harbaugh, P.C. on

The Supreme Court, in a 6-3 decision which was issued on June 3, 2021, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act of 1986...more

Freeman Law

U.S. Supreme Court Narrows Computer Fraud & Abuse Act

Freeman Law on

The U.S. Supreme Court recent decision in Van Buren v. United States significantly impacts the scope of the Computer Fraud & Abuse Act (“CFAA”).  The case carries implications for computer fraud prosecutions, employee abuse...more

Foley & Lardner LLP

Lower the Gate – Employers Must Take Steps to Restrict Access to Confidential Information

Foley & Lardner LLP on

With the proliferation of technology and cloud-based computing, employers often struggle to provide employees with the tools to allow access to the information they need to effectively and efficiently do their jobs while...more

Jackson Walker

Supreme Court Restricts Use of Computer Fraud and Abuse Act

Jackson Walker on

In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more

Jones Day

2021 Mid-Year Review: Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Cranfill Sumner LLP

Significant Criminal Cases from the Supreme Court’s 2020-2021 Term

Cranfill Sumner LLP on

The Supreme Court recently concluded the 2020-2021 term with its decision in the controversial voting rights case of Brnovich v. Democratic National Committee. Although Brnovich and other high-profile cases like Fulton v....more

Snell & Wilmer

Legal Landscape of Web Scraping and Practice Tips

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This Legal Alert is a follow up to our June 3, 2021 Legal Alert, “Supreme Court Narrows Scope of the Computer Fraud and Abuse Act,” and provides an overview of relevant legal developments related to the topic as well as...more

Locke Lord LLP

Supreme Court Limits Claims Under Computer Fraud and Abuse Act

Locke Lord LLP on

The Computer Fraud and Abuse Act (CFAA) creates liability for anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” The CFAA defines “exceeds authorized access” to mean “to access...more

Orrick - Trade Secrets Group

Supreme Court Narrows Scope of the Computer Fraud and Abuse Act

Orrick - Trade Secrets Group on

The U.S. Supreme Court recently resolved a circuit split regarding the federal Computer Fraud and Abuse Act (CFAA), specifically weighing in on the “exceeds authorized access” provision of the statute. The CFAA subjects to...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

Partridge Snow & Hahn LLP

United States Supreme Court Limits An Employer's Ability to Protect Trade Secrets Through Violations of the Computer Fraud and...

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A recent United States Supreme Court decision has limited the claims that an employer could assert against departing employees who steal trade secrets and confidential information from the employer’s computer systems. ...more

Kaufman & Canoles

Litigation Client Alert – July 2021

Kaufman & Canoles on

Criminal and Civil Impact on the Computer Fraud and Abuse Act post-Van Buren - Overview - In June 2021, the United State Supreme Court released Van Buren v. United States, 593 U.S. __ (2021), a case out of the...more

Zuckerman Spaeder LLP

Recent Supreme Court Decision Significantly Narrows the Scope of the Computer Fraud and Abuse Act

Zuckerman Spaeder LLP on

The Supreme Court’s recent decision in Van Buren v. United States, 141 S.Ct. 1648 (2021), resolves a longstanding circuit split over the scope of the Computer Fraud and Abuse Act of 1986, and appears to have significantly...more

Smith Debnam Narron Drake Saintsing & Myers,...

SCOTUS Resolves Circuit Split Regarding Scope of The Computer Fraud and Abuse Act

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The Computer Fraud and Abuse Act (CFAA) was enacted in 1986 in order to curb unauthorized access to information stored on computers. What Is the Computer Fraud and Abuse Act? - The CFAA imposes criminal or civil...more

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