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

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

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

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