Computer Fraud and Abuse Act Can Prohibit Employee From Deleting Emails

“[T]he deletion of an employee’s emails can serve as the basis for a CFAA claim in certain circumstances, ….” In Meridian Financial Advisors, Ltd. v. Pence, 1:07-cv-00995 (S.D. Ind. 2011), the United States District Court for the Southern District of Indiana denied the Defendant’s motion for summary judgment on the Plaintiff’s Computer Fraud and Abuse …

Former Employee’s Deletion of Data May Constitute CFAA “Damage”

A former employee’s deletion of data from his former employer’s computer, if intentional, may constitute an actionable “damage” as defined by the Computer Fraud and Abuse Act. This is, in essence, what can be gleaned from a March 24, 2011 Memorandum and Opinion in Devon Energy Corporation v. Westacott, 4:09-cv-01689 (W.D. Tex. 2011) in which …

Does the CFAA Apply to Business Partners?

The issue of whether the CFAA applies to business partners was presented to the Washington Court of Appeals and it punted. In its March 29, 2011 opinion in Wheeler v. Calloway, No. 28734-3-III (Wa. App. 2011), the Washington Court of Appeals was faced with such a scenario. In that case two business partners were in …

Taking of Confidential Info Alone Not “Loss” Under CFAA

Under the Computer Fraud and Abuse Act (“CFAA”), an employee’s mere taking of confidential information, without more, does not constitute a “loss” as required by the statute. On March 28, 2011, the United States District Court for the Eastern District of Wisconsin entered on Order in Direct Supply, Inc. v. Pedersen, No. 10-C-0278 (E.D. Wis. …

CFAA Not Subject to Rule 9

The Computer Fraud and Abuse Act (“CFAA”) is not subject to the heightened pleading requirement of Rule 9. On March 28, 2011, the United States District Court for the Northern District of California issued an Order in Facebook, Inc. v. MaxBounty, Inc. in which it reaffirmed earlier rulings that the CFAA is not subject to …

Why Would A Lawyer Waste Time Studying Social Media?

Because I don’t want to look like an idiot! (How’s that for getting straight to the point?) I really do hope that someone out there will actually read my blog. When that actually does happen (that’s right, I am believing with faith), I suspect that the first question they will ask after seeing my posts …