Tag: access

Hacking Into A Company You Sold Can Get You Jail Time

A federal judge sentenced David Kent to a year and a day in prison and ordered him to pay $3.3 million in restitution and pay a $20,000 fine for accessing the computer network of Rigzone.com, an industry-specific networking website. Kent founded Rigzone.com, sold it for $51 million, and after the sale accessed the company’s network to obtain…

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Top 3 CFAA Takeaways from Facebook v. Power Ventures Case in Ninth Circuit

Here are my top 3 key Computer Fraud and Abuse Act (CFAA) takeaways from the Ninth Circuit Court of Appeals’ Order and Amended Opinion issued on December 9, 2016 in Facebook, Inc. v. Power Ventures, Inc. 1.  A violation of the CFAA can occur when someone “has no permission to access a computer or when such permission…

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3 Key Takeaways About Texas’ Unauthorized Access Law

The Dallas Court of Appeals recently decided a civil case involving claims under Texas’ unauthorized access of computer law that provides some helpful guidance for this relatively new law that has very little case law construing it. The 3 takeaways that follow are the key legal principles that apply to this law as set forth…

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Making Sense of #AppleVsFBI Issues: #DtSR Podcast

The USA v. Apple battle is one of the hottest issues currently being debated in cybersecurity, privacy, law enforcement, and perhaps even, water coolers in offices around the country. What the debate is lacking in substantive, factually-based, well-reasoned analysis, it certainly makes up for in passion and strong opinions. If you are not convinced, spend…

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Departing Employee Taking Data from “Restricted” but Unsecured Folder Doesn’t Violate CFAA

TAKEAWAYS: If your company intends to limit its employees access to certain information on the company network, (1) make sure appropriate technological restrictions are in place and are working; and (2) make sure there are appropriate policies or other documentation in place to show the employees subjectively knew it was off limits. When an employer…

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Court Order Provides CFAA Authorization to Access Computer, Even if Later Overturned

A party who accesses a computer pursuant to a court order authorizing him to seize and access the computer will not be found in violation of the Computer Fraud and Abuse Act if such order is later overturned. “An essential element of a CFAA claim under 10 U.S.C. § 1030 is that the [defendant] accesses a…

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Fifth Circuit: Accessing Computer Per Later-Overturned Order Does Not Violate CFAA

In Land and Bay Gauging L.L.C. v. Shor, –Fed.Appx — (5th Cir. Aug. 21, 2015), the Fifth Circuit recently held that accessing a computer under the authority of a court order that authorizes the access is sufficient to render the access as being authorized, even if the order is later overturned. An essential element under…

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Does the CFAA Apply to Lenovo’s SuperFish Malware Lawsuits?

For me personally, the timeline of events surrounding the discovery of Lenovo’s SuperFish malware is ironic. Just a couple of days before it was discovered, I had a telephone call with a friend named Jon Stanley. Jon is someone I consider to be an elder statesman of the CFAA as he has been digging deep…

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Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analyisis is Good Too

Plaintiff had interesting claim under the CFAA but couldn’t get there due to that pesky “loss” requirement Does an employer violate the Computer Fraud and Abuse Act by remotely wiping an employee’s personal mobile device that was connected to the employer’s server and contained its data?

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