United States v. Nosal, 2013 WL 4504652 (ND Ca. Aug. 15, 2013) (9th Cir) This is another Order in the saga of Nosal cases, this time an Order Denying Defendant’s Motions for a New Trial and for Acquittal.Nosal is a former high-level employee of Korn/Ferry International (KFI), an executive search firm with offices around
Category: CFAA Cases
Evolution of CFAA Jurisprudence
The Computer Fraud and Abuse Act (CFAA) is my favorite law. Studying it is both a hobby and passion. I am fascinated by the paradox of observing one of the most high-tech areas of law evolving into a unique body of jurisprudence through the ancient Common Law method. I explained this in “What Does CFAA Mean and Why Should I Care?” A Primer on the Computer Fraud and Abuse Act for Civil Litigators (p.167):
Within the customary lifespan of a body of law, the CFAA is still in its infancy. The interpretation and application of its provisions are continuously evolving, and will continue to be refined through the judicial process as courts struggle with the meanings and inner workings of its key provisions. In what may seem counterintuitive, the litigation of these issues is positive for its development and refinement. This is the essence of jurisprudence and will benefit the CFAA just as it has other bodies of law throughout history. In the words of the eminent legal scholar Benjamin Cardozo, “In the endless process of testing and retesting, there is a constant rejection of the dross, and a constant retention of whatever is pure and sound and fine.”
In my own efforts to keep abreast of this evolving body of jurisprudence, for several years I have done my best to read every judicial opinion that has substantive CFAA value, and I continue to try and do so today. Over this time I have read far too many opinions to count and, just as I cannot recall the number, I also lose track of what I have learned from each.
Evolution of CFAA digest
A few years ago I began experimenting with setting up my own crude database of information with an Excel spreadsheet, where I kept track of the key information from each case: case name, date, jurisdiction, citation, and key legal principles. This was very cumbersome and it did not take long before I realized that would not work.
I then set up a blog, the computer fraud | data privacy | social media | Law Blog, and thought that would be a good tool for keeping track of the cases I read. Blogging, however, is much different from simply recording raw information — in a blog people look for some insight, analysis, and commentary on the cases, not just the vital information — and I do not have the time or capacity to put that kind of effort into each opinion that comes out. When I am able to offer that kind of analysis and commentary on an opinion, I will continue to blog about it, but not here. So, for these purposes, the blog was a fail as well.
My next idea was to set up a private wiki that would be easy to populate with the vitals of each case and always be accessible online. That has seemed to work pretty well but then I got to thinking, “if I am going to go through all of this work, why not share the information with others?” The information about the Computer Fraud and Abuse Act cases is not my information, it is the law and none of us own the law. So, in the spirit of Aaron Swartz, I decided to liberate this information for the benefit of anyone who is willing to take the time to read it. My goal is to capture each case going forward and, as time permits, work backward and start adding important cases from the past — again, as time permits.
That, my friends, is how we got here and, I can assure you, I am already trying to think of other ways to improve on this concept so if you have any suggestions (that are within my capabilities) then please let me know.
What is the Purpose of CFAA digest?
The purpose is simply to provide only the most important information about each case:
It starts with the case name, the date, and the citation so you can find the case (I try to include a link to the case but that is not always possible);
The jurisdictional information such as court and circuit court of appeal in which the court is located as I find this is helpful in tracking how the jurisprudence is evolving in various courts; and
Most important, the key principle or principles that can be drawn from each case, without added commentary, analysis, or fluff.
Will I be able to keep up with this project? I certainly hope so, but I also hope that I do not have to do it alone. CFAA digest is not about me, it is about the law and the effort to keep up with “the endless process of testing and retesting . . . [and] constant rejection of the dross, and a constant retention of whatever is pure and sound and fine.”
No one person can take on a project like this alone and do it justice. I would love to have others collaborate with me in making this the most thorough and complete source of information that is available on the Computer Fraud and Abuse Act. If you would like to post case updates for current or past cases, send me cases that I might otherwise miss, or simply offer suggestions on how I can improve the site, please do not hesitate to let me know.
-Shawn Tuma
Tech Systems, Inc. v. Pyles
Tech Systems, Inc. v. Pyles, 2013 WL 4033650 (ED VA Aug. 6, 2013) (4th Cir) After being terminated, former employee forwarded company emails and deleted company emails from mobile device before returning it to employer because they contained incriminating evidence. Court granted spoliation finding and jury returned verdict for violating Computer Fraud and Abuse Act, among…
PNY Technologies, Inc. v. Salhi, 2013 WL 4039030 (D. NJ Aug. 5, 2013)
PNY Technologies, Inc. v. Salhi, 2013 WL 4039030 (D. NJ Aug. 5, 2013) (3rd Cir) Defendant moved to dismiss Computer Fraud and Abuse Act claim on basis that Plaintiff did not plead intent with sufficient particularity. Court denied motion on basis that CFAA claims need not meet heightened pleading standard of Rule 9(b).
Robinson v. New Jersey, 2013 WL 3894129 (D. NJ July 26, 2013)
Robinson v. New Jersey, 2013 WL 3894129 (D. NJ July 26, 2013) (3rd Cir.) In this order the court denies pro se Plaintiff’s motion for leave to amend the Complaint to add a CFAA claim. The gist of the case is that the Superior Court of New Jersey, Mercer Vicinage, Family Division entered a Final…
Farmers Ins. Exchange v. Steele Ins. Agency, 2013 WL 3872950 (ED Ca. July 25, 2013)
Farmers Ins. Exchange v. Steele Ins. Agency, 2013 WL 3872950 (ED Ca. July 25, 2013) (9th Cir) Plaintiffs asserted nine state and federal causes of action against Defendants, including the Computer Fraud and Abuse Act (CFAA) and California’s Uniform Trade Secrets Act (CUTSA). The Defendants argued that CUTSA preempts the other eight
Custom Hardware Engineering & Consulting, Inc. v. Dowell (E.D. Missouri Jan 23, 2013)
Custom Hardware Engineering & Consulting, Inc. v. Dowell, 918 F. Supp.2d 916 (E.D. Missouri Jan 23, 2013) (8th Cir) Custom Hardware Engineering (CHE) is a company that provides computer part where maintenance services on many types of computer systems using a remote monitoring technology that it developed which allows its personnel to monitor and troubleshoot
Craigslist Inc. v. 3Taps Inc. (ND Ca. Aug. 16, 2013)
Craigslist Inc. v. 3Taps Inc., 2013 WL 447520 (ND Ca. Aug. 16, 2013) (9th Cir) 3Taps operates an online service that aggregates and republishes ads from Craigslist, which Craigslist describes as illegally scraping content. After learning about 3 Taps’ activities, Craigslist took two important steps: (1) it sent a cease-and-desist letter to
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