Category Archives: Computer Fraud

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. …

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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 …

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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 …

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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, …

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In the spirit of the Season, I am re-blogging this post – enjoy!

Fifth Circuit Finds Company Not Liable for Alleged Violations of CFAA and ECPA by Its Regional Manager

Do alleged violations of the Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act committed by a company’s Regional Manager make the company liable? No, as long as the Regional Manager was not acting on behalf of the company. On October 19, 2012, the United States Court of Appeals for the Fifth Circuit …

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Beware of this PayPal Spear Phishing Scam – I Just Got One!

There is a bogus email going around purporting to be from PayPal notifying you of charges that you did not authorize. Of course it has a “helpful” link for you to click and cancel the charges. But can you guess what happens if you click the link? You can try it but I’m not going …

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Texas’ Amended Data Breach Notification Law

Texas amended its existing data breach notification law which became effective on September 1, 2012. The relevant section of the law is titled “Notification Required Following Breach of Security of Computerized Data” and is found at Section 521.053 of the Texas Business and Commerce Code. The main body of the law provides as follows: (b)  A …

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Ninth Circuit Upholds $9.5 Million Facebook Privacy Settlement

The United States Court of Appeals for the Ninth Circuit upheld the $9.5 million settlement of a class action lawsuit. The lawsuit that included, among other things, claims for violating the Computer Fraud and Abuse Act, was based on assertions by Facebook users that, through its Beacon Program, Facebook violated their privacy by sharing on …

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