3 Steps for Obtaining Trade Secrets in Discovery

When can a competitor use litigation to find out your company’s trade secret information? Let me explain it this way … What if it was your businesses’ valuable information? Pause for a moment and imagine that your business is the industry leading innovator in its field because, through your effort and resources, you have developed secret tricks and techniques …

Why is PNC Bank Accusing Morgan Stanley of Corporate Espionage and Trade Secret Theft?

I often write about corporate espionage and trade secrets but I bet some of you may still be trying to imagine real-world scenarios that demonstrate exactly what those terms mean and how they apply. Let me tell you a story and see if it helps it make more sense. Let’s Talk About Your Business Let’s say …

A Hacker Can Takeover A Car Through Its Computer System — What About An Airplane?

Hackers can take over cars by hacking into their on board computer systems. Does it not stand to reason that they could do the same thing to an airplane? Maybe, maybe not, but a recent ruling by the FAA shows this was a concern for Boeing Model 777-200. May 18, 2015 Update: This post was …

Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the …

Secret Service’s 3 Steps to Consider When Notifying Law Enforcement in Response to a Data Breach

Today I attended a meeting where a Special Agent of the United States Secret Service’s North Texas Electronic Crimes Task Force discussed the role of law enforcement in responding to hacking / data breach incidents and provided an overview of the steps the Secret Service often takes in investigating such incidents. The Special Agent passed …

Will Sprint’s Multiple Computer Fraud and Abuse Act Lawsuits Highlight the District Court Split on Loss Jurisprudence?

Much has been written about the circuit split with regard to Computer Fraud and Abuse Act access jurisprudence. While this has been the primary focus of attention, there has been a similar divide among the district courts with regard to the loss jurisprudence. Given that the $5,000 loss requirement is the jurisdictional threshold that must …

No Senator Wyden, Whether the Computer Fraud and Abuse Act Applies to the CIA is Not a Simple Yes or No

During a Senate Select Committee on Intelligence public hearing on Wednesday, January 29, 2014, Senator Ron Wyden asked CIA Director John Brennan if the Computer Fraud and Abuse Act applied to the CIA. Director Brennan deferred answering for a week. Here is the dialogue: Senator Wyden: “Director Brennan – question with respect to policy. Does the …

Sixth Circuit: Unknown Access of a Remote Server Cannot Be Intentional, Thus Does Not Violate CFAA

Does a person violate the Computer Fraud and Abuse Act by accessing a remote computer without authorization if he is not aware that he is even accessing that remote computer? The Sixth Circuit says no. The Computer Fraud and Abuse Act prohibits the intentional access of a computer without authorization. When a defendant is not …

The Indictment – Hunter Moore Prosecuted Under Computer Fraud and Abuse Act (CFAA)

Here is the Indictment of Hunter Moore, the king of revenge porn. He was indicted this past week for conspiracy to hack people’s email accounts to steal their private nude photos and post them on his revenge porn website. The indictment is for violating the Computer Fraud and Abuse Act (CFAA) and conspiracy. Have a look …

Hunter Moore or Aaron Swartz: Do we hate the CFAA? Do we love the CFAA? Do we even have a clue?

What do we really want? Information privacy? Information security? Or, the liberation of information? This was the topic of last week’s blog post Aaron Swartz, Edward Snowden, Target Breach, Privacy and Data Security — What Do We Really Want? And then this week, like manna from Heaven above, we get the indictment of Hunter Moore to help …