News & Analysis as of

Unauthorized Access

When Data Scraping and the Computer Fraud and Abuse Act Collide

by Patrick Law Group, LLC on

As the volume of data available on the internet continues to increase at an extraordinary pace, it is no surprise that many companies are eager to harvest publicly available data for their own use and monetization. Data...more

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease...

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more

Loving the Competition

by Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

by Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

Privacy Perils: PayPal Data Breach

by Bass, Berry & Sims PLC on

On December 1, PayPal disclosed that an ongoing investigation into identify security vulnerabilities identified a data breach that may have compromised personally identifiable information for roughly 1.6 million customers at...more

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

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

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

by Snell & Wilmer on

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...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

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

LinkedIn Takes the Role of Protector of its Users’ Privacy

by Dorsey & Whitney LLP on

In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect...more

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...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

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

The Ninth Circuit Holds that California’s Anti-Hacking Law, Penal Code Section 502, does not Proscribe Unauthorized “Access” to a...

by Nossaman LLP on

California’s Computer Data Access And Fraud Act, Cal. Pen. Code, § 502 (“CDAFA”) is a state law analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”). Both are aimed at fighting unauthorized...more

Non-Compete News: Using Defend Trade Secrets Act, California Court Stops Deletion of Misappropriated Confidential Information

by FordHarrison on

Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex...more

Governor Signs Amendment to Tennessee Data Breach Notification Law

by Bass, Berry & Sims PLC on

During the recent 110th Regular Session of the Tennessee General Assembly, Governor Bill Haslam signed into law an amendment to the Tennessee Identity Theft Deterrence Act of 1999....more

The Computer Fraud and Abuse Act Will Need To Wait Another Day In The Commercial Division

Justice Shirley Kornreich recently issued one of the few New York state court decisions that address the Computer Fraud and Abuse Act (“CFAA”). Spec Simple, Inc. v. Designer Pages Online LLC, No. 651860/2015, 2017 BL...more

Update: Case Involving Sharing Of Passwords May Be Headed To The Supreme Court

by Jackson Lewis P.C. on

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database...more

Company Awarded Damages After Former Employee Hacks Its Systems And Hijacks Its Website

by Jackson Lewis P.C. on

A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal...more

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Cybersecurity

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