This Is Why Your Business Needs Cyber Insurance Coverage

Unless your business is selling home-grown vegetables out of a truck on the side of the road, you need to seriously consider getting insurance that covers cyber risks. Why? Because most insurance companies will not willingly cover cyber-related losses under their conventional insurance policies. Trust me, I have fought this battle before! A recent case …

Tweeting a Copyrighted Photograph Does Not Make it Fair Game for Others to Use

When someone posts their copyrighted photograph, that photograph does not become publicly available. It continues to be protected by copyright. Other people cannot then take that photograph and publish it for other purposes. See the following for more information: Judge: News agencies shouldn’t have used Twitter photos | Internet & Media – CNET News.

Is Your Mobile Device Secure? Find Out With the FCC’s New Tool

Data security is a hot issue right now. Given the increasing popularity and prevalence of mobile devices combined with their ability to easily store and access so much of our sensitive data, mobile device security is even hotter. The Federal Communications Commission (FCC) also recognizes the importance of this issue and now offers a free tool …

What is the Proper Jurisdiction for an International Computer Fraud Lawsuit?

The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the defendant knew the location of the computer server. This issue was analyzed by the United States Court of Appeals …

Two Year Statute of Limitations for Computer Fraud and Abuse Act Accrued When Plaintiff “Suspected” Wrongdoing

SEE NEW POST UPDATING THIS CASE:  Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator There have not been many Computer Fraud and Abuse Act cases where the statute of limitations has been a key issue in the case so there are not many cases that have analyzed the issue. …

Business Situational Awareness, Social Media & Harvard Business Review

Do you understand business situational awareness and how your social media could be compromising it? If not, you really need to read this because not only do I explain it, but the Harvard Business Review has just posted a fantastic blog that really adds some depth to my explanation. Last March I wrote a blog …

Court Finds Insider Redirecting Domain Traffic Not “Interruption of Service” Under Computer Fraud and Abuse Act

In a civil case where a former director, after being removed as director, logged into the company’s Internet domain names and redirected traffic away from the company resulting in lost revenue and business opportunities, the court determined that such redirection of traffic away from the company was not an “interruption of service” under the Computer …

Current Employee May Have Violated Computer Fraud and Abuse Act by Downloading for Secret New Employer

A federal district court in Mississippi refused to dismiss the Computer Fraud and Abuse Act claims against an individual who, during the term of his employment downloaded confidential information for a new employer. While employed by the plaintiff, the defendant had secretly negotiated an employment agreement with a new company but, before announcing his resignation …

Social Media Evidence: Nightclub Promoter Tweets of Cowboys Players Drinking “Ace” Shortly Before Deadly Car Crash

When I give presentations on social media law, one of the topics I address is the use of social media as evidence in court cases. In the past I have usually used hypothetical examples to make my point of demonstrating how people’s penchant for saying really stupid things on Twitter, Facebook, Google+, etc. can be …

More Tightening of the Computer Fraud and Abuse Act — Holding it to Rule 9(b) Heightened Pleading Standard

In a change of course for cases applying the Computer Fraud and Abuse Act, a California District Court has made it more difficult for plaintiffs to plead a case for violation of the CFAA by subjecting it to the heightened pleading requirement of Rule 9 which requires the plaintiff to allege the who, what, when, …