Search Results for: $5,000

Not all HIPAA privacy “breaches” are caused by “hackers” — dentist gets $50k penalty for responding to patient’s Google review

When thinking of HIPAA data breaches, most of us tend to think of situations where the hackers engage in malicious activities against hospitals and steal troves of patients’ protected health information (PHI). There are, however, other much simpler kinds of HIPAA privacy breaches that are easily avoidable and can be quite costly to the healthcare…

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Lack of $5k Loss Leads to Dismissal of CFAA Claim Against Ex-Spouse for Surreptitious Computer Monitoring

In Morgan v. Preston, 2013 WL 5963563 (M.D. Tenn. Nov. 7 2013), the U.S. District Court for the Middle District of Tennessee dismissed a Computer Fraud and Abuse Act claim brought by one ex-spouse against the other. The basis for the CFAA claim was, following their separation and filing for divorce, the one spouse had installed Spector Pro…

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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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WHAT DOES CFAA MEAN AND WHY SHOULD I CARE? A PRIMER ON THE COMPUTER FRAUD AND ABUSE ACT FOR CIVIL LITIGATORS

[Originally published in Volume 63, No. 1, Autumn 2011 issue of the South Carolina Law Review] “Every battle is won before it is ever fought.”[1] I…. Introduction II… Litigation Attorneys Must Understand the Need to be Prepared for the Computer Fraud Issues Their Clients Will Face “Everything has a computer in it nowadays.” Fraud—What is…

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Top 3 CFAA Takeaways from Facebook v. Power Ventures Case in Ninth Circuit

Here are my top 3 key Computer Fraud and Abuse Act (CFAA) takeaways from the Ninth Circuit Court of Appeals’ Order and Amended Opinion issued on December 9, 2016 in Facebook, Inc. v. Power Ventures, Inc. 1.  A violation of the CFAA can occur when someone “has no permission to access a computer or when such permission…

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Using Photos from Facebook Page Without Express Permission Does Not Violate CFAA

In Miranda Tan and Hassan Miah v. John Doe, 14-CV-2663 (S.D.N.Y. May 5, 2014), the court held that defendant’s use of photographs from the plaintiff’s Facebook page, without express permission, did not violate the Computer Fraud and Abuse Act. The court gave three reasons: plaintiffs did not allege (1) what “protected computer” was alleged accessed…

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Absolute Energy Solutions, LLC v. Trosclair, 2014 WL 360503 (S.D. Tex. Feb. 3, 2014)

Case: Absolute Energy Solutions, LLC v. Trosclair, 2014 WL 360503 (S.D. Tex. Feb. 3, 2014) Disputed issue of whether access was authorized for CFAA claim cannot be decided on motion to dismiss. Access Principles Motion to dismiss Computer Fraud and Abuse Act claim arguing that plaintiff’s allegations that defendants were not authorized to access plaintiff’s computers…

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Brooks v. AM Resorts, LLC, 2013 WL 3343993 (E.D. Pa. July 3, 2013)

Brooks v. AM Resorts, LLC, 2013 WL 3343993 (E.D. Pa. July 3, 2013) An employee was fired from his job and several months later the employer revealed that it had been receiving privileged emails between the former employee and his attorney concerning the firing. Employee sued for violation of the Computer Fraud and Abuse Act, inter…

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Beta Technology, Inc. v. Meyers, 2013 WL 5602930 (S.D. Tx. Oct. 10, 2013) (order denying motion to dismiss)

Beta Technology, Inc. v. Meyers, 2013 WL 5602930 (S.D. Tx. Oct. 10, 2013) (order denying motion to dismiss) Denying the motion to dismiss, the court found Plaintiff’s Complaint adequately pleaded (1) both access and transmission violations of the Computer Fraud and Abuse Act, and (2) the requisite $5,000 loss.

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