In a story available HERE, the Smoking Gun reports that an Angela Voelkert, the ex wife of David Voelkert, got her former husband busted by the FBI by setting up a fake Facebook account and pretending to be the 17 year old “comely teenage girl” pictured at the right (pic taken directly from Smoking Gun): …
Personal Data Privacy and Security Act of 2011
On June 7, 2011 Senator Leahy introduced bill S. 1151 in the Senate called the Personal Data Privacy and Security Act of 2011, which is linked HERE. The stated purpose of the bill is as follows: To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal…
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Citrin Lives! Dist. Ct. applies the agency theory of access in a post-Nosal Computer Fraud and Abuse Act case
The Intended Use Theory of access under the Computer Fraud and Abuse Act (“CFAA”) has been all the rage among since the Ninth Circuit handed down its opinion in United States v. Nosal but that doesn’t mean the Agency Theory has gone by the wayside. Just last week a district court used the Agency Theory…
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Ninth Circuit: Speculative “Loss” Insufficient for Computer Fraud and Abuse Act
A plaintiff’s claim that he would need to retain a forensic computer expert to examine a third party’s computer to detect and delete the data taken from his thumb drive was considered to be too speculative to qualify as a “loss” under the Computer Fraud and Abuse Act (“CFAA”). This was the Ninth Circuit Court…
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What a Wonderful Day!
Today I had the wonderful pleasure of speaking to a couple of classes at Farine Elementary school for Career Day. What a wonderful experience! I don’t care how busy or important you are (or think you are), if you ever get a chance to speak to elementary school children, you better take it. Why, you…
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Another Pregnancy Discrimination / Computer Fraud and Abuse Act Case?
That’s right, we have another one! Do you recall Lee v. PMSI, Inc.—the case that burned up the blogs and Twitter feeds last week because it involved Facebook? You remember, the case in which the court found that an employee’s using Facebook and checking personal email at work was not a violation of the Computer…
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Proposed Amendment: Computer Fraud and Abuse Act (Senate Bill S 890)
On May 5, 2011, Senators Leahy and Grassley introduced Senate Bill S 890 that is titled “Fighting Fraud to Protect Taxpayers Act of 2011.” The Bill, which classifies a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) as a “fraud offense” just like securities fraud, mortgage fraud, and tax…
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Barter Services and Attorney Fees May Qualify As “Loss” Under Computer Fraud and Abuse Act
Cash payment not required! Bartered services, lost employee time, perhaps even fees for attorney investigating / overseeing investigation–all can satisfy the $5,000 mandatory “loss” required to bring a civil action under the Computer Fraud and Abuse Act. This we can take from a recent case, Animators at Law, Inc. v. Capital Legal Solutions, LLC, Case…
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iTracking II: Apple Sued Again for Violating Computer Fraud and Abuse Act
It has happened again — another plaintiff has sued Apple along with Pandora, The Weather Channel, and several “Does” in another class action law suit for, what I have referred to as, iTracking — you know, the “scandal” that broke not too long ago about how Apple, and others, have been allegedly collecting users private…
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Facebooking at Work Does Not Violate Computer Fraud and Abuse Act
One court recently found that an employee who wasted work time by using the Internet excessively, including playing on Facebook, did not violate the Computer Fraud and Abuse Act by her less than industrious ways. The case is Lee v. PMSI, Inc., 2011 WL 1742028 (M.D. Fla. May 6, 2011) and the facts are pretty…
