Tag Archives: CFAA

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 …

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Hackers continue to exploit vulnerabilities in car computer systems

A couple of years ago I blogged about (what was then) the hypothetical question of whether hacking a car would violate the Computer Fraud and Abuse Act. Since that time we have seen the idea of hacking a car become a reality.  I have written updated blog posts in shared a video showing how hackers …

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Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator

SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the identity of the alleged perpetrator at that time. This is an update on a previous post: Two …

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Presentation Slides: Overview and Update of the Computer Fraud and Abuse Act

Today I had the opportunity to present to the Privacy, Data Security, and eCommerce Committee of the State Bar of Texas on an overview and update of recent cases and issues for the Computer Fraud and Abuse Act. Here are the presentation slides and, of course, feel free to let me know if you have any …

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Yes, you can even hack a toilet! #IoT

Ahhh yes, hacking toilet now seems to be possible … and you folks thought I was crazy a few years ago for blogging about hacking a car, a home, or even hacking a human … but as you know see, you can even hack a toilet. Can you just imagine the frustration caused by a …

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Car Hacking Is Very Real and Can Be Very Deadly — Watch This Video Of How To Do It

It is really quite simple: Modern cars are controlled by computers — everything, from the accelerator to the brakes to the steering to the windows to the locks — take over the computer, you take complete control over the car. The idea of hacking a car is no longer fantasy. It is real. It can …

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Presentation: Helping Businesses Prepare for Computer Fraud and Data Breaches

Last night I had the wonderful opportunity to present to IMA – The Association of Accountants and Financial Professionals in Business on the topic of Helping Businesses Prepare for Computer Fraud and Data Breaches. Here are the presentation slides. I was really impressed with the quality of this event on many levels — these folks …

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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 …

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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 …

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Court Finds Computer Fraud and Abuse Act Claim is Subject to Arbitration Agreement

TAKEAWAY: A Computer Fraud and Abuse Act claim that touches matters covered by an arbitration agreement is arbitrable. In Torbit, Inc. v. Datanyze, Inc., 2013 WL 572613 (N.D. Cal. Feb. 13, 2013), the defendant moved to compel arbitration of a Computer Fraud and Abuse Act claim under an arbitration agreement that provided that “all claims …

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