exceeds authorized access

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By Robert Milligan and Joshua Salinas

A California federal jury convicted a San Francisco executive recruiter this week for violations of the Computer Fraud and Abuse Act (“CFAA”) and theft of trade secrets from his former employer. The conviction represents a significant landmark in the closely watched eight-year case that deepened a federal circuit court split concerning the appropriate scope…
Continue Reading Corporate Recruiter Convicted of Computer Fraud and Trade Secret Theft By San Francisco Jury

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 create RSS, a…
Continue Reading Activist’s Death May Spur Legislative Changes To The Computer Fraud and Abuse Act

A recent Computer Fraud and Abuse Act (“CFAA”) case from the Southern District of Mississippi further muddies the water with respect to the circuit split regarding the application of the law against former employees who violate computer usage policies or violate their duties of loyalty to their employers by stealing company data from company computer systems.

Unified Brands, Inc. (“Unified”),…
Continue Reading Mississippi Federal District Court Allows Computer Fraud and Abuse Act Claim To Proceed Against Former Employee

In a shocking scandal, a federal court clerk has been accused of leaking confidential files, including information disclosing details of contemplated law enforcement raids on Armenian street gangs.

As reported by the ABA, Nune Gevorkyan (“Gevorkyan”), a district court criminal intake clerk, and her husband, Oganes Koshkaryan (“Koshkaryan”) were arrested and charged with conspiring to obstruct justice, a violation…
Continue Reading Federal Court Clerk Arrested For Allegedly Sharing Confidential Information With Gangs

On 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 Solutions, 2012 U.S.
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

On July 26, 2012, the Fourth Circuit Court of Appeals decided WEC Carolina Energy Solutions LLC v. Miller, holding that departing employees are not liable under the Computer Fraud and Abuse Act (“CFAA”) for mere violations of a company computer use policy. The Fourth Circuit’s decision solidifies the circuit split on whether employees who violate computer use policies and/or…
Continue Reading Employers Beware: Fourth Circuit Adopts Narrow Interpretation of Computer Fraud and Abuse Act

By 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 violated the…

Continue Reading Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act

By 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 v. …
Continue Reading Waiting On Nosal…Combating Data Theft Under The Computer Fraud and Abuse Act In The Ninth Circuit

By 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 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?

By 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 Computer Fraud…
Continue Reading Liability Under Computer Fraud and Abuse Act For Violating Computer Use Policies Gains Momentum In Ninth Circuit