Tag Archives: access

“What Does CFAA Mean and Why Should I Care?”–A Primer on the Computer Fraud and Abuse Act for Civil Litigators

The following is an abstract of my latest law review article that is being published by the University of South Carolina Law Review.The title of the article is “What Does CFAA Mean and Why Should I Care?”–A Primer on the Computer Fraud and Abuse Act for Civil Litigators. It should be out in the late …

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Deputy Constable Indicted Under Computer Fraud and Abuse Act for Accessing Plate Info

A deputy constable was indicted under the Computer Fraud and Abuse Act for wrongfully accessing the state computer system to perform license plate checks after he had been bribed to provide protection for a drug carrying vehicle.   This occurred in Laredo, Texas which will fall within the 5th Circuit’s United States v. John precedent and, therefore, …

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Discussion of Problems with Proposed Cybercrime Legislation

There are many proposals floating around Capitol Hill that will purport to beef up our nation’s current cybercrime laws, first and foremost the Computer Fraud and Abuse Act. I have recently read two very good articles that do a nice job of explaining many of the inadequacies of the proposed legislation and is well worth …

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Using a fake login to access a website may violate the Computer Fraud and Abuse Act

BEWARE: if you create a fake login to access and obtain information from a website you could be violating the Computer Fraud and Abuse Act. This is what was alleged in a lawsuit against AtHomeNet, Inc. in the lawsuit Associateionvoice, Inc. v. AtHomeNet, Inc. Ultimately the parties reached a settlement that led to the entry …

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“News of the World” Phone Hacks A Violation of Computer Fraud and Abuse Act?

Professor Orin Kerr is certainly one of the leading authorities on the Computer Fraud and Abuse Act. In a recent blog post he provides an excellent analysis of how the hacking scandal involving the English newspaper “News of the World” may have violated the United State’s Computer Fraud and Abuse Act law even though it …

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3 Recent Computer Fraud and Abuse Act Cases Worth Noting

Three recent Computer Fraud and Abuse Act cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give consumers an adequate remedy for privacy related data breach issues; (2) the CFAA’s focus on “access” is more akin …

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An Adequate Disclaimer for Computer Fraud and Abuse Act?

The DISCLAIMER to an article on InvestorsInsight.com really got my attention when I saw it because it specifically puts users on notice of the need to review the privacy policies on websites linked to that page and that any attempts to monkey around with the website are prohibited by and will be prosecuted under the …

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Update: Recent Computer Fraud and Abuse Act Cases

By necessity, for this update I am trying to change my format for blogging updates for recent cases involving the Computer Fraud and Abuse Act (“CFAA”) as this lawyer has been busy lately. Instead of providing a relatively thorough analysis of each individual case, I must cover several in one update and just briefly touch …

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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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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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