Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
Here is a thought to ponder: Would it violate the Computer Fraud and Abuse Act to hack a person? Based on the broad definition of computer that is used in the Computer Fraud and Abuse Act I believe that the answer could be “yes.” Here is why: The CFAA applies to anything with a microchip …
Continue reading “Mind Control, Human Hacking & the Computer Fraud and Abuse Act?”
I am very honored that the Texas Lawyer published my article titled Computer Fraud and Abuse Act 101 in its December 19, 2011 edition. I previously circulated a link to the article that required a subscription to the Texas Lawyer to access. Now, however, the Texas Lawyer has very graciously made this article available without a …
Continue reading “Texas Lawyer: Computer Fraud and Abuse Act 101”
On October 13, 2011 I was a guest on Capital Thinking, a talk radio show hosted by Kevin O’Neill on which I was invited to discuss the Computer Fraud and Abuse Act. Here is the link to the show and my segment does not begin until right at 32 minutes into the program: http://www.voiceamerica.com/episode/56928/presidential-race-and-election-2012-computer-fraud-and-abuse-healthcare-update NOW, the mere …
Continue reading “My Appearance on Capital Thinking Radio Show”
There are two important takeaways from the opinion dismissing the consolidated In re iPhone Application Litigation on September 20, 2011: (1) breach of privacy alone is not treated as a “injury in fact”; and (2) breach of privacy in data does not constitute the necessary economic “loss” required for a civil claim under the Computer …
Continue reading “iPhone Privacy Lawsuits Dismissed: Breach of Privacy Alone Is Not Injury”
A few weeks ago I blogged about whether an unauthorized access of a car that has a computer and is connected to the Internet would violate the Computer Fraud and Abuse Act. Did you read it? Or, did you think it sounded too ridiculous? Here it is if you want to take a look: Can …
Continue reading “Hacking a car? Yes, really…and you thought I was kidding!”
Two federal district courts in Texas have faced this issue and both refused to find that plaintiffs, to assert a civil Computer Fraud and Abuse Act claim, must meet the $5,000 loss threshold separately as to each defendant. Regular readers of this blog know I often write about the $5,000 jurisdictional loss requirement for asserting a civil claim …
Continue reading “Is a $5k loss required for each defendant under Computer Fraud and Abuse Act?”
Today I read a case that has a fascinatingly spiteful set of facts and provides a great example of how an employer can use the Computer Fraud in Abuse Act to get an injunction and put a stop to the mischief caused by an employee that is gone off the deep end. I have read …
The Senate Judiciary Committee will hold a hearing on proposed amendments to the Computer Fraud and Abuse Act that will take place on September 7, 2011 from 10:00 a.m. to 2:00 p.m. The hearing can be watched by webcast, which is available HERE once the hearing begins. More information about the hearing can be found …
Continue reading “Senate Judiciary Committee Hearing on Updating the Computer Fraud and Abuse Act”
Ford wants its cars connected to the Internet. By now we all know from my previous post on United States v. Kramer that the Computer Fraud and Abuse Act applies to anything with a microchip or data processor that is connected to the Internet. So, the question I have is, if someone steals one of these …
Continue reading “Can hacking and stealing a CAR violate the Computer Fraud and Abuse Act?”
A jurisdictional threshold to bringing a civil Computer Fraud and Abuse Act claim is that the plaintiffs satisfy the $5,000 loss requirement–generally only costs constitute a loss–not economic damages or violated privacy rights. If you were at the Continuing Legal Education seminar I presented this past Monday, you’ve already heard this, right? You also heard …
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