Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
Computer hacking, data breach, data privacy, and information security have dominated the news lately and created a sense of urgency in Congress to “do something” to fix the problems. Over the last few days I have searched the web for a source to keep me updated on all of the cyber-legislation that is currently pending …
Continue reading “Privacy and Cyber Legislation Pending in the 112th Congress”
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 …
Continue reading “Update: Recent Computer Fraud and Abuse Act Cases”
In a story available HERE, the Smoking Gun reports that an Angela Voelkert, the ex wife of David Voelkert, got her former husband busted by the FBI by setting up a fake Facebook account and pretending to be the 17 year old “comely teenage girl” pictured at the right (pic taken directly from Smoking Gun): …
Continue reading “Ex Wife Pretending to Be 17 Yr Old on Facebook Gets Hubby Arrested by FBI”
On June 7, 2011 Senator Leahy introduced bill S. 1151 in the Senate called the Personal Data Privacy and Security Act of 2011, which is linked HERE. The stated purpose of the bill is as follows: To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal …
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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 …
A plaintiff’s claim that he would need to retain a forensic computer expert to examine a third party’s computer to detect and delete the data taken from his thumb drive was considered to be too speculative to qualify as a “loss” under the Computer Fraud and Abuse Act (“CFAA”). This was the Ninth Circuit Court …
Continue reading “Ninth Circuit: Speculative “Loss” Insufficient for Computer Fraud and Abuse Act”
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 …
Continue reading “Another Pregnancy Discrimination / Computer Fraud and Abuse Act Case?”
Cash payment not required! Bartered services, lost employee time, perhaps even fees for attorney investigating / overseeing investigation–all can satisfy the $5,000 mandatory “loss” required to bring a civil action under the Computer Fraud and Abuse Act. This we can take from a recent case, Animators at Law, Inc. v. Capital Legal Solutions, LLC, Case …
It has happened again — another plaintiff has sued Apple along with Pandora, The Weather Channel, and several “Does” in another class action law suit for, what I have referred to as, iTracking — you know, the “scandal” that broke not too long ago about how Apple, and others, have been allegedly collecting users private …
Continue reading “iTracking II: Apple Sued Again for Violating Computer Fraud and Abuse Act”
One court recently found that an employee who wasted work time by using the Internet excessively, including playing on Facebook, did not violate the Computer Fraud and Abuse Act by her less than industrious ways. The case is Lee v. PMSI, Inc., 2011 WL 1742028 (M.D. Fla. May 6, 2011) and the facts are pretty …
Continue reading “Facebooking at Work Does Not Violate Computer Fraud and Abuse Act”
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