Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
I am blogging from Texas Health Presbyterian Plano hospital while visiting a (sleeping) family member. When I logged onto my laptop I received an option to connect to the hospital’s free wifi Internet access. When I clicked to join the wifi, I was directed to the THR Acceptable Use Statement for Public Internet that I …
Continue reading “Example of Effective Computer Acceptable Use Notice”
I am very honored that the Texas Lawyer published my article titled Computer Fraud and Abuse Act 101 in its December 19, 2011 edition. I previously circulated a link to the article that required a subscription to the Texas Lawyer to access. Now, however, the Texas Lawyer has very graciously made this article available without a …
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On October 13, 2011 I was a guest on Capital Thinking, a talk radio show hosted by Kevin O’Neill on which I was invited to discuss the Computer Fraud and Abuse Act. Here is the link to the show and my segment does not begin until right at 32 minutes into the program: http://www.voiceamerica.com/episode/56928/presidential-race-and-election-2012-computer-fraud-and-abuse-healthcare-update NOW, the mere …
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There are two important takeaways from the opinion dismissing the consolidated In re iPhone Application Litigation on September 20, 2011: (1) breach of privacy alone is not treated as a “injury in fact”; and (2) breach of privacy in data does not constitute the necessary economic “loss” required for a civil claim under the Computer …
Continue reading “iPhone Privacy Lawsuits Dismissed: Breach of Privacy Alone Is Not Injury”
A few weeks ago I blogged about whether an unauthorized access of a car that has a computer and is connected to the Internet would violate the Computer Fraud and Abuse Act. Did you read it? Or, did you think it sounded too ridiculous? Here it is if you want to take a look: Can …
Continue reading “Hacking a car? Yes, really…and you thought I was kidding!”
Two federal district courts in Texas have faced this issue and both refused to find that plaintiffs, to assert a civil Computer Fraud and Abuse Act claim, must meet the $5,000 loss threshold separately as to each defendant. Regular readers of this blog know I often write about the $5,000 jurisdictional loss requirement for asserting a civil claim …
Continue reading “Is a $5k loss required for each defendant under Computer Fraud and Abuse Act?”
Employees can get into quite a bit of mischief when they have access to the company’s data — especially disgruntled employees, as we saw in yesterday’s blog Computer Fraud and Abuse Act – great tool for taming an employee that’s gone off the deep end!. The mischief they can get into is increased exponentially with the ease …
Continue reading “Minimizing the risk of employee data breach and privacy mischief in the cloud”
Today I read a case that has a fascinatingly spiteful set of facts and provides a great example of how an employer can use the Computer Fraud in Abuse Act to get an injunction and put a stop to the mischief caused by an employee that is gone off the deep end. I have read …
Kinda. There, how’s that for typical lawyer “advice”? Ok, I’m sorry, I don’t make the law, I’m just here to advise you on how it works. The Computer Fraud and Abuse Act does not permit the recovery of costs and attorneys’ fees even if you win your case. If you are the plaintiff, however, it does …
Continue reading “Can you get your attorneys’ fees under the Computer Fraud and Abuse Act?”
The Senate Judiciary Committee will hold a hearing on proposed amendments to the Computer Fraud and Abuse Act that will take place on September 7, 2011 from 10:00 a.m. to 2:00 p.m. The hearing can be watched by webcast, which is available HERE once the hearing begins. More information about the hearing can be found …
Continue reading “Senate Judiciary Committee Hearing on Updating the Computer Fraud and Abuse Act”
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