Posts Tagged Computer Fraud and Abuse Act

Here is a “Computer Fraud” Case that is NOT Covered by the Computer Fraud and Abuse Act!

Believe it or not, there really can be a case of “computer fraud” that is NOT covered by the Computer Fraud and Abuse Act (CFAA). Surprised? Let me explain. The CFAA is an “access” crime that requires there to be an unlawful “access” to a computer by either accessing a computer “without authorization” or “exceed[ing] authorized access.” […]

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Collin County Bench Bar Presentation on Cyber Risks to Lawyers #CCBBF

This morning I have the privilege of speaking at the Collin County Bench Bar Conference and talking with a tremendous group of Collin County Judges and Lawyers about the risks that lawyers, their clients, and their law practices face from data insecurity issues. Here is the Prezi presentation that I will be using – take […]

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Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the […]

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Will Sprint’s Multiple Computer Fraud and Abuse Act Lawsuits Highlight the District Court Split on Loss Jurisprudence?

Much has been written about the circuit split with regard to Computer Fraud and Abuse Act access jurisprudence. While this has been the primary focus of attention, there has been a similar divide among the district courts with regard to the loss jurisprudence. Given that the $5,000 loss requirement is the jurisdictional threshold that must […]

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No Senator Wyden, Whether the Computer Fraud and Abuse Act Applies to the CIA is Not a Simple Yes or No

During a Senate Select Committee on Intelligence public hearing on Wednesday, January 29, 2014, Senator Ron Wyden asked CIA Director John Brennan if the Computer Fraud and Abuse Act applied to the CIA. Director Brennan deferred answering for a week. Here is the dialogue: Senator Wyden: “Director Brennan – question with respect to policy. Does the […]

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