Tag Archives: access

Why is PNC Bank Accusing Morgan Stanley of Corporate Espionage and Trade Secret Theft?

I often write about corporate espionage and trade secrets but I bet some of you may still be trying to imagine real-world scenarios that demonstrate exactly what those terms mean and how they apply. Let me tell you a story and see if it helps it make more sense. Let’s Talk About Your Business Let’s say …

Continue reading “Why is PNC Bank Accusing Morgan Stanley of Corporate Espionage and Trade Secret Theft?”

Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the …

Continue reading “Yes, Texas is a good state for plaintiffs to bring a CFAA claim.”

Sixth Circuit: Unknown Access of a Remote Server Cannot Be Intentional, Thus Does Not Violate CFAA

Does a person violate the Computer Fraud and Abuse Act by accessing a remote computer without authorization if he is not aware that he is even accessing that remote computer? The Sixth Circuit says no. The Computer Fraud and Abuse Act prohibits the intentional access of a computer without authorization. When a defendant is not …

Continue reading “Sixth Circuit: Unknown Access of a Remote Server Cannot Be Intentional, Thus Does Not Violate CFAA”

Hacker Sentenced to 5 Months Under CFAA for Hacking SodaHead.com Accounts

A Kentucky man was convicted of violating the Computer Fraud and Abuse Act for hacking into specific accounts on the website sodahead.com and replacing purported racist and homophobic content with less offensive content. Michael Pullen was able to hack into the accounts by exploiting a software vulnerability. The man was sentenced to 5 months in …

Continue reading “Hacker Sentenced to 5 Months Under CFAA for Hacking SodaHead.com Accounts”

Loss and Damage Are Not Interchangeable Under CFAA–District Court Blows Right Past CFAA’s “Loss” Requirement in Sysco Corp. v. Katz

In denying a motion to dismiss a civil Computer Fraud and Abuse Act claim, a district court found that a departing employee’s purported cover-up of nefarious activity by deleting e-mails from his “sent” and “deleted items” folders on Plaintiffs’ computer system was sufficient to allege damage pursuant to 18 U.S.C. § 1030(c)(4)(A)(i) which provision, however, does not address the issue …

Continue reading “Loss and Damage Are Not Interchangeable Under CFAA–District Court Blows Right Past CFAA’s “Loss” Requirement in Sysco Corp. v. Katz”

District Court Finds Breach of Contractual Limits on Access Violates the CFAA

TAKEAWAY: Businesses (and anyone else) that allow others to access to their computers should have contractual agreements with those persons that clearly specify the restrictions on their authorization to access and use the computers and data.  This is the lesson of United States v. Cave, 2013 WL 3766550 (D. Neb. July 16, 2013), a case in which …

Continue reading “District Court Finds Breach of Contractual Limits on Access Violates the CFAA”

New #employment related #CFAA access case

New #employment related #CFAA access case: RoadLink Workforce Solutions, L.L.C. v. Malpass http://t.co/6iiAWLNwFn RT @CFAAdigest

3 Steps to Enable Companies to Use the CFAA’s Remedies for Misuse of Computers and Info – Even in the 9th Cir

Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable steps to actively resist and prevent such misuses, and (3) clearly notifying the transgressor that his authorization has been …

Continue reading “3 Steps to Enable Companies to Use the CFAA’s Remedies for Misuse of Computers and Info – Even in the 9th Cir”

When leaving your job, make sure you do this if you really want to violate the Computer Fraud and Abuse Act!

TAKEAWAY: Do not access your former employer’s computer system without its consent after you no longer work there. New employers, do not encourage or permit your new employees to do this either. There has been much debate over the last couple of years over whether an employee violates the Computer Fraud and Abuse Act by wrongfully accessing …

Continue reading “When leaving your job, make sure you do this if you really want to violate the Computer Fraud and Abuse Act!”

Computer Fraud and Abuse Act Cases Update (March 6, 2013)

Here are some recent Computer Fraud and Abuse Act (“CFAA”) cases that have been decided (or published) over the last couple of weeks: Tracfone Wireless, Inc. v. Cabrera, 883 F. Supp.2d 1220 (S.D. Fla. July 11, 2012). Defendant and former employee who engaged in selling stolen TracFone Prepaid Phones violated the unauthorized access with intent …

Continue reading “Computer Fraud and Abuse Act Cases Update (March 6, 2013)”