Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
This blog is full of posts about the Computer Fraud and Abuse Act’s requirement that, for a civil claim, the claimant must plead a $5,000 loss. Click here to see. One of the operative words in that sentence is plead — not argue — but plead! This means it must be in your pleading which is …
Continue reading “Plaintiff’s CFAA Claim Dismissed Because of Simple Pleading Error”
TAKEAWAY: The Computer Fraud and Abuse Act incorporates traditional principles of tort causation, therefore, intervening or superseding cause can be an affirmative defenses to a CFAA claim. In Denarii Systems, LLC v. Arab, 2013 WL 500826 (S.D. Fla. Feb. 11, 2013), the plaintiff brought a Computer Fraud and Abuse Act claim against the Defendants. One of the …
The US could launch pre-emptive cyber strikes against countries it suspects of threatening its interests with a digital attack, under a new set of secret guidelines to safeguard the nation’s computer systems. The rules – the country’s first on how it defends or retaliates against digital attacks – are expected to be approved in coming weeks, …
Not too long ago I had a nice visit with Rafal Los (@Wh1t3Rabbit) who is otherwise known as the Chief Security Evangelist for HP and blogs at Following the Wh1t3Rabbit – Practical Enterprise Security. Raf is one dude you really need to follow if you’re interested in #infosec. Anyway, our discussion was centered around the Computer Fraud and Abuse …
Continue reading “The Law and the Hacker – Podcast on the Computer Fraud and Abuse Act”
In North American Ins. Agency, Inc. v. Bates, the United States District Court for the Western District of Oklahoma dismissed the plaintiff’s Computer Fraud and Abuse Act claim because, rather than alleging facts to support the claim, the plaintiff merely recited the elements in the Complaint: “A pleading that offers labels and conclusions or a …
Continue reading “Another CFAA Case Dismissed Because Plaintiff Only Recited Elements in Complaint”
TAKEAWAYS: The important takeaways from the Custom Hardware Engineering & Consulting, Inc. v. Dowell case are that your business really needs to have solid employment agreements or acceptable use policies that restrict (1) the duration for which access is authorized, (2) the intended-use for which access is authorized, and (3) that these restrictions apply to not only the …
This is a case where I really wish there had been a Computer Fraud and Abuse Act claim but there wasn’t, though the court mentioned it anyway as if to goad the attorneys by saying “hey, you missed this one!” Nonetheless, the court’s passing comment sheds some light on the recent debate over using offensive …
The District Court of Colorado granted the Plaintiff’s Motion to Dismiss the Counter-Defendants’ Computer Fraud and Abuse Act claim for two reasons: (1) Defendants failed to comply with federal pleading standards by only reciting the elements of the claim without any supporting factual allegations; and (2) Defendants failed to properly allege a “loss” but, instead, …
With Aaron Swartz’s suicide came the lifting of the floodgates for public criticism of the Computer Fraud and Abuse Act. The amount of venom directed at the law is second only to that directed at the federal prosecutors who were prosecuting Swartz. While I understand the emotional issues that are driving much of the criticism, as I …
The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the defendant knew the location of the computer server. This issue was analyzed by the United States Court of Appeals …
Continue reading “What is the Proper Jurisdiction for an International Computer Fraud Lawsuit?”
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