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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: unauthorized access

Nosal Update: Court Denies Motion for Acquittal and New Trial in Marathon CFAA and Trade Secret Misappropriation Criminal Case – Part I

Posted in Computer Fraud and Abuse Act, Data Theft

On April 25, 2013, a federal jury convicted Executive Recruiter David Nosal on three counts under the Computer Fraud and Abuse Act (“CFAA”), two counts under the Economic Espionage Act (“EEA”), and one count of conspiracy to violate the CFAA and EEA, for Nosal’s conduct leaving his former employer and establishing a competing business in 2004 and 2005.

The conviction … Continue Reading

Recent California Federal Court Rulings Muddy the Interpretation of the Computer Fraud and Abuse Act

Posted in Computer Fraud and Abuse Act

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 opinions regarding congressional intent with … Continue Reading

Fitness Companies Spar Over Unauthorized Access Of Departing Employee’s Personal E-mail Accounts

Posted in Trade Secrets

By Robert Milligan and Joshua Salinas

Wrongfully accessing someone’s personal email account may cost you $1,000 per unauthorized access, even if that person suffers no injury or loss. In Pure Power Boot Camp v. Warrior Fitness Boot Camp, 2010 WL 5222128 (S.D.N.Y. 2010), a New York district court permitted the recovery of statutory damages under the Stored Communications Act Continue Reading