News & Analysis as of

Unauthorized Access Van Buren v United States

Houston Harbaugh, P.C.

Ryanair Wins Jury Verdict Against Booking.Com Per the Computer Fraud and Abuse Act (CFAA)

Ryanair recently prevailed in a jury trial in Delaware Federal District Court when the jury determined that Booking.Com B.V. violated the U.S. Computer Fraud and Abuse Act (CFAA) by engaging in "screen scraping" of data...more

Jones Day

Department of Justice Significantly Revises Policy on Charging CFAA Violations

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The U.S. Department of Justice will decline to prosecute cyber intrusions based solely on exceeding contractual authorization or which occur pursuant to "good-faith security research." On May 19, 2022, the Department of...more

Jenner & Block

Data Scraping: In hiQ v. LinkedIn, the Ninth Circuit Reaffirms Narrow Interpretation of CFAA

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On April 18, 2022, the Ninth Circuit reaffirmed its narrow interpretation of the Computer Fraud and Abuse Act’s (CFAA) “without authorization” prong in a data scraping dispute between hiQ and LinkedIn. The opinion upheld a...more

Morgan Lewis - Tech & Sourcing

Data Scraping Deemed Legal in Certain Circumstances

After two decisions by the US Court of Appeals for the Ninth Circuit, data scraping is deemed legal if the information is publicly accessible on the internet. ...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...

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

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

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In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Houston Harbaugh, P.C.

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

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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

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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

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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

Cranfill Sumner LLP

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

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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

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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

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...

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

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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

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

Sheppard Mullin Richter & Hampton LLP

New Decision Narrows Scope of Georgia Computer Trespass Statute

The Georgia Supreme Court recently concluded that Georgia’s equivalent of the CFAA should be viewed narrowly, similar to the US Supreme Court’s recent, similar decision in Van Buren. In Kinslow v. State, the Georgia Supreme...more

Lippes Mathias LLP

‘Leave The Gate Up or Leave it Down’: The Supreme Court’s Recent Decision Marks Changes in The Landscape of Cybersecurity and...

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Enacted in 1986, the Computer Fraud and Abuse Act (“CFAA”) was introduced to defeat hacking and to protect consumers against computer fraud. At its core, the CFAA seeks to prohibit access to data “without authorization.”...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

SCOTUS Decision Ushers in The “Gates Up or Down” Era For Employers Seeking to Protect Workplace Computers and ESI - The Post-Van...

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The U.S. Supreme Court has once again defined the rules of the road for millions of employers and employees in the American workplace with its recent decision in Van Buren v. United States. The Court’s opinion resolved...more

Moore & Van Allen PLLC

“So” What?  SCOTUS Limits Scope of Computer Fraud and Abuse Act.

Resolving a split in lower courts, the U.S. Supreme Court issued a ruling in June limiting the type of conduct that can be prosecuted under the federal Computer Fraud and Abuse Act of 1986 (CFAA), a statute often used by...more

Troutman Pepper

Supreme Court Narrows Computer Fraud and Abuse Act: So Gates Up!

Troutman Pepper on

On June 3, the Supreme Court issued its opinion in Van Buren v. United States, holding that the Computer Fraud and Abuse Act of 1986 (CFAA) does not create liability when a user who is authorized to access information on a...more

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