Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
Capitol Audio Access, Inc. v. Umemoto, 2013 WL 5425324 (E.D. Cal. Sept. 27, 2013) Plaintiff owned an online service that published daily reports of information and had an archive of past issues. The service was passcode-protected and only available to subscribers who paid a subscription fee based on the number of individuals who had access …
Continue reading “Capitol Audio Access, Inc. v. Umemoto, 2013 WL 5425324 (E.D. Cal. Sept. 27, 2013)”
Givaudan Fragrances Corp. v. Krivda, 2013 WL 5411475 (D.N.J. Sept. 26, 2013) Generally, “an employee who may access a computer by the terms of his employment is authorized to use that computer for purposes of CFAA evenif his purpose in doing so is to misuse or misappropriate the employer’s information.” Here, Krivda was authorized to access that information…. …
Continue reading “Givaudan Fragrances Corp. v. Krivda, 2013 WL 5411475 (D.N.J. Sept. 26, 2013)”
Facebook, Inc. v. Power Ventures, Inc., 2013 WL 5372341 (N.D. Cal. Sept. 25, 2013) There have been several orders in this case and the order listed above is an order denying leave to file a motion for reconsideration of the court’s previous order granting summary judgment for Facebook. It is helpful to read this order …
Dice Corporation v. Bold Technologies, 913 F. Supp.2d 389 (E.D. Mich. 2012) (reconsideration denied March 28, 2013) Plaintiff and defendant were competing providers of alarm monitoring software that provided their software to companies in the alarm industry. ESC Central was plaintiff’scustomer and had a database that stored large amounts of data for ESC’s customers including …
Poller v. Bioscrip, Inc., 2013 WL 5354753 (S.D.N.Y. Sept. 25, 2013) “No language in the CFAA supports [the] argument that authorization to use a computer ceases when an employee resolves to use the computer contrary to the employer’s interest,” so long as that individual still technically possesses the right of computer access pursuant to his employ. In other words, exploitative …
Continue reading “Poller v. Bioscrip, Inc., 2013 WL 5354753 (S.D.N.Y. Sept. 25, 2013)”
United States v. Cave, 2013 WL 3766550 (D. Neb. July 16, 2013) This is a criminal case where the defendant is charged with exceeding authorized access under the Computer Fraud and Abuse Act. In the opinion the court denied the defendant’s motion to dismiss. Defendant was a police officer who was given access to the …
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Pulte Homes, Inc. v. Laborers’ Intern. Union of North America, 648 F.3d 295 (6th Cir. 2011). In Pulte, a labor union directed the bombardment of Pulte’s sales offices and three of its executives with voluminous phone calls and e-mails of such a volume that the communications clogged access to Pulte’s voicemail system, prevented its customers …
RoadLink Workforce Solutions, L.L.C. v. Malpass, 2013 WL 5274812 (W.D. Wa. Sept. 18, 2013). Employer granted employee authorization to access the information on the computer he is alleged to have to copied and deleted. Employer gave employee a computer with which he could maintain and update the purported trade secret information and other files. Under the Ninth Circuit’s …
Property Rights Law Group, P.C. v. Lynch, 2013 WL 4791485 (D. Hawaii Sept. 6, 2013) (9th Cir.) Violations of subsections (a)(2) and (a)(5) do not need to be pled with particularity. Motorola, Inc. v. Lemko Corp., 690 F. Supp.2d 760, 765 (N.D.Ill. 2009). “By contrast, section 1030(a)(4) is violated only if a defendant acts ‘with intent to defraud’ …
Ocean Tomo, LLC v. Barney, 2013 WL 4804980 (N.D. Ill. Sept. 9, 2013) (7th Cir.) Plaintiff asserted a civil claim for violating the Computer Fraud and Abuse Act and alleged that it suffered over $5,000 in damages–that is, it claimed its damages were its loss. Defendant moved to dismiss the claim because Plaintiff failed to …
Continue reading “Ocean Tomo, LLC v. Barney, 2013 WL 4804980 (N.D. Ill. Sept. 9, 2013)”
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