Does the Computer Fraud and Abuse Act (“CFAA”) prohibit hacking–improperly gaining entrance into a computer system–or simply prohibit improper use of a computer system? U.S. Courts of Appeal are divided. Now, district and appellate court judges in a single federal case pending in the Northern District of California, U.S. v. Nosal, have produced several divergent… Continue Reading
Tag Archives: Nosal
Computer Fraud and Abuse Act Claims Subject to Heightened Pleading Requirements
Posted in Computer Fraud and Abuse Act, Practice & ProcedureIn a recent Northern District of California decision, Judge Saundra Brown Armstrong upheld the Ninth Circuit’s ruling in Nosal, and at the same time, held that fraudulent conduct claims under the Computer Fraud and Abuse Act are subject to the heightened pleading requirements of Rule 9 of the Federal Rules of Civil Procedure. Plaintiff is a… Continue Reading
Update: California Federal District Court Reaffirms that Computer Fraud and Abuse Act Claims are Available for Violations of Employers’ “Access Restrictions” Despite Ninth Circuit’s Nosal Decision
Posted in Computer Fraud and Abuse ActLast month we blogged about a district court for the Northern District of California that distinguished the Ninth Circuit’s recent U.S. v. Nosal decision and allowed an employer to bring a counterclaim under the Computer Fraud and Abuse Act (“CFAA”) against a former employee for alleged violations of a verbal computer access restriction. (Weingand v…. Continue Reading
California Federal District Court Distinguishes Ninth Circuit’s Nosal Decision and Finds that Computer Fraud and Abuse Act Claims Are Available for Violations of Employers’ “Access” Restrictions
Posted in Computer Fraud and Abuse ActOn June 19, 2012, a district court for the Northern District of California distinguished the Ninth Circuit’s recent U.S. v. Nosal decision and allowed an employer to bring a claim under the Computer Fraud and Abuse Act (“CFAA”) against a former employee for alleged violations of a verbal computer access restriction. (Weingand v. Harland Financial… Continue Reading
Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act
Posted in Computer Fraud and Abuse ActBy Robert Milligan, Joshua Salinas, and Jeffrey Oh In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissedan employer’s claim that its former employees… Continue Reading
Waiting On Nosal…Combating Data Theft Under The Computer Fraud and Abuse Act In The Ninth Circuit
Posted in Computer Fraud, Computer Fraud and Abuse ActBy Robert Milligan and Jeffrey Oh A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer’s computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims. The Ninth Circuit’s decision in the United States… Continue Reading
Solar Panel Rivals In Trade Secret and Data Theft Spat In California Federal Court
Posted in Computer Fraud and Abuse ActBy Jessica Mendelson On February 13, SunPower Corporation, a manufacturer of solar panels, sued five former employees, as well as its rival, SolarCity Corporation in federal court in San Francisco, California and sought a temporary restraining order against the defendants. SunPower asserted claims of unfair competition, trade secret misappropriation, and violations of the Computer Fraud and… Continue Reading
Liability Under Computer Fraud and Abuse Act For Violating Computer Use Policies Gains Momentum In Ninth Circuit
Posted in Computer Fraud and Abuse ActBy Robert Milligan and Joshua Salinas The Ninth Circuit’s important U.S. v. Nosal decision is gaining momentum. On September 14, 2011, a California district court in Facebook v. MaxBounty, the Honorable Jeremy Fogel, presiding, became one of the first courts to apply Nosal, reaffirming that the violation of computer use policies constitutes “exceeding authorized access” under the… Continue Reading