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

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

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

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

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? The United States District Court for the Southern District … Continue reading Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analyisis is Good Too