News & Analysis as of

Computer Fraud and Abuse Act (CFAA)

SCOTUS Will Not Review CFAA Password Sharing Case

by Jackson Lewis P.C. on

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

The Case of the Vanishing Twitter Account and CFAA Liability

by Poyner Spruill LLP on

Last week, an unknown Twitter contractor briefly suspended President Trump’s Twitter account. The episode lasted 11 minutes. On its face, it may seem like a relatively small matter, but existing law could make a federal case...more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Implementing a Policy Review to Ensure You Are Protected Under The Computer Fraud and Abuse Act, Part 2: How to Conduct Your...

by Hinshaw & Culbertson LLP on

In Part 1 of this series, we discussed the Computer Fraud and Abuse Act (“CFAA”) and situations that are readily prohibited by the CFAA, such as when current or former employees gain access to an employer's databases or files...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

Implementing a Policy Review to Ensure You Are Protected Under The Computer Fraud and Abuse Act, Part 1: Why You Should Conduct a...

by Hinshaw & Culbertson LLP on

One size rarely fits all, especially where technology is concerned. So too is employer coverage under the Computer Fraud and Abuse Act (“CFAA”). Cookie-cutter molds for aspects of your business simply do not work. ...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

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

by Fish & Richardson on

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

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

Technology Policies Protect The Company and its IP

A computer and technology policy is an important part of protecting and managing intellectual property. A business should consider establishing a policy that addresses the following points...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

hiQ Labs, Inc. v. LinkedIn Corp.: A Federal Court Weighs in on Web Scraping, Free Speech Rights, and the Computer Fraud and Abuse...

by Ropes & Gray LLP on

In recent years, a number of firms in a variety of industries have utilized automated research methods, including web scraping tools and certain forms of artificial intelligence such as bots, to gather information from a...more

District Court Issues Injunction in hiQ v. LinkedIn Scraping Case

On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more

District Court Rules that Startup Can Use Web Scrapers to Collect Information from Public LinkedOn Profiles, Despite Protests for...

On August 14, 2017, on a motion for preliminary injunction, the District Court for the Northern District of California held that LinkedIn, a social network owned by Microsoft, Inc., could not continue to block hiQ, a data...more

A Green Light for Screen Scraping? Proceed With Caution…

by Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to, or accessing user postings for their own commercial purposes. For...more

Did Data Scraping Just Get A Tiny Bit Safer?

by Dickinson Wright on

Is it okay to scrape data from another website? This is a frequently asked question that almost always leads to an ambiguous and equivocal answer. Legal practitioners are quick to point out the risks of civil and criminal...more

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

US lawmakers introduce bill to address cybersecurity flaws in the Internet of Things

by DLA Piper on

A bipartisan group of US senators has introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2017, which seeks to impose baseline cybersecurity standards for IoT devices sold to the US government. Notably,...more

Bipartisan Group of Senators Introduce Bill to Impose Baseline Security Requirements for IoT Devices Provided to U.S. Government

by Hogan Lovells on

On August 1, a bipartisan group of four senators introduced a bill that would impose specific cybersecurity requirements on providers of Internet of Things (IoT) devices when doing business with the U.S. Government and...more

Draft Cybersecurity Legislation Would Impose Substantial New Obligations on Vendors Selling Interconnected Devices to the U.S....

On Tuesday, August 1, 2017, a bipartisan group of four Senators from the Senate Cybersecurity Caucus introduced legislation designed to improve the cybersecurity of devices purchased by the U.S. government and – albeit...more

Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed

by Reed Smith on

A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in...more

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Cybersecurity

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