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Confidential Information › Computer Fraud and Abuse Act (CFAA) › Passwords

Seyfarth Shaw LLP

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

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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

Orrick - Trade Secrets Group

Password Sharing Is Not a Crime, Ninth Circuit Reassures in Denial of Nosal’s Request for Rehearing

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Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016,...more

Nossaman LLP

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

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Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

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

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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

Ballard Spahr LLP

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

Ballard Spahr LLP on

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Constangy, Brooks, Smith & Prophete, LLP

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

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Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former...more

Seyfarth Shaw LLP

Computer Fraud and Abuse Act Ruling: Did the Ninth Circuit Just Criminalize Password Sharing?

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Not exactly. A divided Ninth Circuit panel recently affirmed the conviction of a former employee under the Computer Fraud and Abuse Act (“CFAA”), holding that “[u]nequivocal revocation of computer access closes both the front...more

Orrick - Trade Secrets Group

Hacking Your Rivals – Corporate Espionage in Major League Baseball

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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

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