Author Archives: Shawn E. Tuma

3 Steps to Enable Companies to Use the CFAA’s Remedies for Misuse of Computers and Info – Even in the 9th Cir

Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable steps to actively resist and prevent such misuses, and (3) clearly notifying the transgressor that his authorization has been …

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How do you cite to social media? Here are the MLA and APA standards

The following post has a nicely done chart showing how to cite in the MLA and APA formats for things such as blog posts, YouTube videos, tweets, Facebook posts, and email. How To Cite Social Media: MLA & APA Formats

Hackers continue to exploit vulnerabilities in car computer systems

A couple of years ago I blogged about (what was then) the hypothetical question of whether hacking a car would violate the Computer Fraud and Abuse Act. Since that time we have seen the idea of hacking a car become a reality.  I have written updated blog posts in shared a video showing how hackers …

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Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator

SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the identity of the alleged perpetrator at that time. This is an update on a previous post: Two …

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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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The Indispensability of Cyber Counterintelligence

You already know what a threat hacking and data breaches are to your business, right? Good. In that case, you will appreciate the following post from my friends at SpearTip about cyber counterintelligence. Here’s a little teaser: If your organization is not yet retaining a provider that specializes in this technique, referred to as “Cyber …

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Judge Grimm’s Important Guidance on Social Media Evidence Authentication

Excellent materials for using social media evidence in court.

Yes, you can even hack a toilet! #IoT

Ahhh yes, hacking toilet now seems to be possible … and you folks thought I was crazy a few years ago for blogging about hacking a car, a home, or even hacking a human … but as you know see, you can even hack a toilet. Can you just imagine the frustration caused by a …

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Lawyers — answer this one question if you want to persuade judges

In my experience I have found that simplicity is the key to persuasion — and the key to simplicity is to remember to answer this one question from the very beginning, because we all know this is exactly what the judge is thinking: “Where’s the Beef?” http://www.youtube.com/watch?v=Ug75diEyiA0

“The Streisand Effect Gone Bonkers” – trying to use copyright to silence online reviews backfired

A New York dentist had her patients sign a “mutual” agreement that, among other things, had the patient agree to not make any negative reviews of the dentist and, if she did, assigned the copyright of those reviews to the dentist. The reason for this was so, if the patient violated the agreement and made …

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