By Jessica Mendelson and Robert Milligan The death of Aaron Swartz, a well-known coder, entrepreneur and political activist, has resulted in increased scrutiny of the federal Computer Fraud and Abuse Act (“CFAA”), a law some condemn as arcane and draconian but supported by others as necessary to combat illegal hacking and data theft. Mr. Swartz helped to… Continue Reading
Tag Archives: computer fraud and abuse act
“Click Fraud” Allegations Found Insufficient Under Computer Fraud and Abuse Act, But Personal Jurisdiction Found Where Defendant Company’s Website Deliberately Targeted Consumers Within the Forum State
Posted in Computer Fraud and Abuse Act, Unfair CompetitionBy Joshua Salinas and Jessica Mendelson A federal district court for the Northern District of California recently held in a “competitor click fraud” case that a mere assertion of a violation of the Computer Fraud and Abuse Act claim without sufficient factual details regarding any inside or outside “hacking” is insufficient to establish subject matter… Continue Reading
Employers May Have Sweat Equity In Their Executives LinkedIn Accounts, But Employees Score Win In War Over The Applicability Of The Federal Computer Fraud And Abuse Act In The Workplace
Posted in Computer Fraud and Abuse Act, Trade SecretsBy Scott Schaefers In the age of social media and networking, where employees undoubtedly use their company-issued computers to network with customers, vendors, colleagues, and friends, a legal question presents itself: can employers claim an interest in their employees’ LinkedIn accounts, or other social networking accounts, which the employees use in part to grow and maintain… Continue Reading
Key Computer Fraud and Abuse Act Case Heard By Ninth Circuit En Banc Panel: Can Rogue Employees Be Held Liable For Data Theft Under The Computer Fraud and Abuse Act?
Posted in Computer Fraud and Abuse ActBy Robert Milligan The Ninth Circuit held oral argument on the key United States v. Nosal case yesterday before an en banc panel. The Court has made the oral argument available on-line. At stake is whether the government can maintain criminal charges and an employer can maintain a civil cause of action under the Computer Fraud and Abuse Act against… Continue Reading
Dead Again? Use of Computer Fraud and Abuse Act By Employers To Combat Employee Data Theft Limited By Ninth Circuit’s Latest Ruling
Posted in Computer Fraud and Abuse ActThe Ninth Circuit Court of Appeals ordered that U.S. v. Nosal be reheard en banc by all of the Appeals Court judges and that the “three-judge panel opinion [in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011)] shall not be cited as precedent by or to any court of the Ninth Circuit.” Accordingly, the ability of employers… Continue Reading
Outside Counsel Fees May Be a Qualified Loss to Meet the CFAA’s $5000 Jurisdictional Requirement
Posted in Computer Fraud and Abuse ActBy David Monachino The Computer Fraud and Abuse Act (“CFAA”) requires, among other things, that a plaintiff demonstrate a “loss” of $5,000 or more. See 18 U.S.C. § 1030(c)(4)(A)(i)(I). In Animators at Law, Inc. v. Capital Legal Solutions, LLC, et al., Case No. 10-CV-1341 E.D.Va. (May 10, 2011) (unpublished) (TSE) two former employees of Animators’ abruptly left to… Continue Reading
2010 Trade Secrets Webinar Series – Year In Review
Posted in Computer Fraud and Abuse Act, Trade SecretsThroughout 2010, Seyfarth Shaw LLP’s dedicated Trade Secrets, Computer Fraud & Non-Competes practice group hosted a series of webinars that addressed key issues facing clients today in this important and ever changing area of law. The series consisted of five webinars: The Computer Fraud and Abuse Act: What You Need to Know, Protecting the Secrets in… Continue Reading