Category Archives: Computer Fraud and Abuse Act

Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analyisis is Good Too

Plaintiff had interesting claim under the CFAA but couldn’t get there due to that pesky “loss” requirement Does an employer violate the Computer Fraud and Abuse Act by remotely wiping an employee’s personal mobile device that was connected to the employer’s server and contained its data? The United States District Court for the Southern District …

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Platform Magazine Quotes Tuma Discussing CyberGard: The Public Relations Side of a Data Breach

Thank you to Platform Magazine for quoting me discussing the PR component of my CyberGard – Business Cyber Risk Protection Program in this forward thinking article about the value of getting public relations on board before your company has a data breach. In a recent post I explained why a data breach response must focus on the …

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Are the Russians Strategically Positioned for Full Scale Cyber War with the US? (apparently they have been since 2011)

Remember this word: Stuxnet Got it? (read more about Stuxnet on p. 145-46 of this article) It is now our turn to have the cyber weapons of war used against us and the Russians are making sure they have the upper hand when the time comes. Stay tuned … A destructive “Trojan Horse” malware program has penetrated …

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Podcast: #DtR Episode on Lines in the Sand on “Security Research”

You really need to hear this podcast where we draw lines in the sand staking out what is — and what is not — security research.  The #DtR Gang [Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst)] invited me to tag along for another episode of the Down the Security Rabbit Hole podcast. Also joining us for this episode were …

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Are You Outraged By The CFAA Prosecution of Aaron Swartz But Not Sandra Teague?

3 Steps the C-Suite Can Take to Strengthen Cyber Security

Podcast: DtR NewsCast of Hot Cyber Security Topics

I had the pleasure of joining the DtR Gang for another podcast on Down the Security Rabbit Hole and, as usual with this bunch, it was more fun than anything — but I learned a lot as well. Let me just tell you, these guys are the best around at what they do and they’re really …

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Gov’t Contractors Must Notify of Data Breach Within 3 days

If your business is a contractor for the federal government, you had better have your data breach response ducks in a row. The moment you detect a breach, the clock starts ticking and you have only 3 days to notify of the breach. Yes, I said 3 days! You better already know who your legal counsel …

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Podcast: CFAA, Shellshock and Cyber Security Research — What the Heck Do We Want?

Today I had a blast doing a podcast on the CFAA, Shellshock, and cyber security research with Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst) — in fact, we had so much fun that I suspect Raf had quite a time trying to edit it! The starting point for our discussion was a recent article …

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No, the CFAA Does Not Require Taking Actions to Prevent the Hacking of Others

For all of the things the CFAA may (or may not) require, it does not require taking actions to prevent the hacking of others. We are not (yet) the guardians of the hacking universe! In a factually interesting case that offers a great read on attorney professionalism, the United States Court of Appeals for the Seventh …

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