Posts Tagged Texas

So, your business has never had a data breach? Have you ever had an employee leave?

TAKEAWAY: Businesses must protect their data from being taken by anyone who is not authorized to have it — insiders and outsiders alike. If their data is taken in a way that is unauthorized, it is a data breach. When a former employee leaves with a thumb drive, Gmail inbox, or Dropbox of your businesses’ […]

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Presentation Slides: Overview and Update of the Computer Fraud and Abuse Act

Today I had the opportunity to present to the Privacy, Data Security, and eCommerce Committee of the State Bar of Texas on an overview and update of recent cases and issues for the Computer Fraud and Abuse Act. Here are the presentation slides and, of course, feel free to let me know if you have any […]

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Fifth Circuit Finds Company Not Liable for Alleged Violations of CFAA and ECPA by Its Regional Manager

Do alleged violations of the Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act committed by a company’s Regional Manager make the company liable? No, as long as the Regional Manager was not acting on behalf of the company. On October 19, 2012, the United States Court of Appeals for the Fifth Circuit […]

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Mind Control, Human Hacking & the Computer Fraud and Abuse Act?

Here is a thought to ponder: Would it violate the Computer Fraud and Abuse Act to hack a person? Based on the broad definition of computer that is used in the Computer Fraud and Abuse Act I believe that the answer could be “yes.” Here is why: The CFAA applies to anything with a microchip […]

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Is a $5k loss required for each defendant under Computer Fraud and Abuse Act?

Two federal district courts in Texas have faced this issue and both refused to find that plaintiffs, to assert a civil Computer Fraud and Abuse Act claim, must meet the $5,000 loss threshold separately as to each defendant. Regular readers of this blog know I often write about the $5,000 jurisdictional loss requirement for asserting a civil claim […]

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