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 [...]

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 [...]

The CFAA is for Access of a Computer, Not Mere Possession

It often said that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, is an access crime -- meaning that it is designed to punish the wrongful access of a device. A recent case out of the Northern District of Texas highlights this point. In Nicole Clarke-Smith v. Business Partners in Healthcare, LLC, 2016 WL [...]

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 [...]

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 [...]