Category Archives: Computer Fraud

Expect the Celebrity Nude Photo Hacker to be Prosecuted Under CFAA–Just Like Revenge-Porn King Hunter Moore

How will the “hacker” who stole celebrity nude photos be prosecuted? Hacking is nothing new, scores of American businesses face it everyday. People could care less unless it is their own data that has been breached. But, when celebrities are involved — and nude photos of celebrities at that — it is a much different story.Now …

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Yes, an Employee Really Can Steal Your Data and Then SLAPP You for It?

Yes, in California it just happened!The fact that this happened in California should be of no comfort to Texas businesses, however, because the Texas Anti-SLAPP law comes from California and, therefore, California jurisprudence is considered persuasive authority in Texas. This means that in the not so distant future Texas employees could steal their employers’ data and …

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Beckett Media Files Two “Data Scraping” Cases in Northern District of Texas – Will the CFAA Claims Survive?

Beckett Media recently filed two cases in the Northern District of Texas that allege violations of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the CFAA). Just a few months ago I blogged about how Texas is a favorable jurisdiction for plaintiffs to bring CFAA claims (Yes, Texas is a good state for plaintiffs …

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What is Corporate Espionage, Industrial Espionage, Cyber Espionage, and Economic Espionage? The DOJ Explains …

What is Cyber Espionage? Corporate espionage, industrial espionage, and cyber espionage all generally mean the same thing: (1) intentionally targeting or acquiring trade secrets of companies to benefit any foreign government, foreign instrumentality, or foreign agent, (FBI) which means, in simpler terms, (2) espionage conducted to gain a commercial advantage (Wikipedia). What is this not? This …

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Here is a “Computer Fraud” Case that is NOT Covered by the Computer Fraud and Abuse Act!

Believe it or not, there really can be a case of “computer fraud” that is NOT covered by the Computer Fraud and Abuse Act (CFAA). Surprised? Let me explain. The CFAA is an “access” crime that requires there to be an unlawful “access” to a computer by either accessing a computer “without authorization” or “exceed[ing] authorized access.” …

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Two Step Data Breach Risk Test for Texas Businesses

Does your business have this digital information about other people? 1. last name + first name or first initial + social security number, driver’s license number, or other government issued identification, or account or card numbers + access codes, or 2. information that identifies an individual + concerns a health condition or healthcare  If you answered …

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Collin County Bench Bar Presentation on Cyber Risks to Lawyers #CCBBF

This morning I have the privilege of speaking at the Collin County Bench Bar Conference and talking with a tremendous group of Collin County Judges and Lawyers about the risks that lawyers, their clients, and their law practices face from data insecurity issues. Here is the Prezi presentation that I will be using – take …

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Prezi: Data Breach! Hacking! Corporate Espionage! Are you listening yet???

I recently had the pleasure of speaking to a great group of Plano, Frisco, McKinney, and other Collin County lawyers in the Collin County Bar Association’s Corporate Counsel Section about the current trends and risks involving data breach, computer fraud, corporate espionage and the overall threats to companies’ data and intellectual property, especially trade secrets. Here …

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Corporate Espionage: Hacking A Company Through A Chinese Restaurant Takeout Menu

Corporate espionage (industrial espionage) is a favorite topic of mine. I have written and presented on the subject quite a bit and, while I am never sure how my readers react when I write about this, I do carefully watch the look on my audience members’ faces when I first mention the issue. The story …

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What did Sun Tzu teach about cybersecurity?

Sun Tzu taught that, when it comes to cybersecurity, you must be wary of your business associates and other third parties. Why? Have you heard of the national retailer that what was hit with a perfectly timed cyber attack on Black Friday ’13 that resulted in credit card data from roughly 110 million customers being taken? That …

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