PNY Technologies, Inc. v. Salhi, 2013 WL 4039030 (D. NJ Aug. 5, 2013)

PNY Technologies, Inc. v. Salhi, 2013 WL 4039030 (D. NJ Aug. 5, 2013) (3rd Cir) Defendant moved to dismiss Computer Fraud and Abuse Act claim on basis that Plaintiff did not plead intent with sufficient particularity. Court denied motion on basis that CFAA claims need not meet heightened pleading standard of Rule 9(b).

Robinson v. New Jersey, 2013 WL 3894129 (D. NJ July 26, 2013)

Robinson v. New Jersey, 2013 WL 3894129 (D. NJ July 26, 2013) (3rd Cir.) In this order the court denies pro se Plaintiff’s motion for leave to amend the Complaint to add a CFAA claim. The gist of the case is that the Superior Court of New Jersey, Mercer Vicinage, Family Division entered a Final …

Farmers Ins. Exchange v. Steele Ins. Agency, 2013 WL 3872950 (ED Ca. July 25, 2013)

Farmers Ins. Exchange v. Steele Ins. Agency, 2013 WL 3872950 (ED Ca. July 25, 2013) (9th Cir) Plaintiffs asserted nine state and federal causes of action against Defendants, including the Computer Fraud and Abuse Act (CFAA) and California’s Uniform Trade Secrets Act (CUTSA). The Defendants argued that CUTSA preempts the other eightclaims.Defendants were former agents …

Custom Hardware Engineering & Consulting, Inc. v. Dowell (E.D. Missouri Jan 23, 2013)

Custom Hardware Engineering & Consulting, Inc. v. Dowell, 918 F. Supp.2d 916 (E.D. Missouri Jan 23, 2013) (8th Cir) Custom Hardware Engineering (CHE) is a company that provides computer part where maintenance services on many types of computer systems using a remote monitoring technology that it developed which allows its personnel to monitor and troubleshootcomputer …

Craigslist Inc. v. 3Taps Inc. (ND Ca. Aug. 16, 2013)

Craigslist Inc. v. 3Taps Inc., 2013 WL 447520 (ND Ca. Aug. 16, 2013) (9th Cir) 3Taps operates an online service that aggregates and republishes ads from Craigslist, which Craigslist describes as illegally scraping content. After learning about 3 Taps’ activities, Craigslist took two important steps: (1) it sent a cease-and-desist letter to3Taps informing it that “[t]his …

Does the CFAA Apply to Lenovo’s SuperFish Malware Lawsuits?

For me personally, the timeline of events surrounding the discovery of Lenovo’s SuperFish malware is ironic. Just a couple of days before it was discovered, I had a telephone call with a friend named Jon Stanley. Jon is someone I consider to be an elder statesman of the CFAA as he has been digging deep …

Will Changes to the CFAA Deter Hackers? | Norse DarkMatters

Read my latest post on Norse’s DarkMatters: Will Changes to the CFAA Deter Hackers?  

Felony CFAA Conviction for Accessing Former Employer’s Data via Backdoor Upheld on Appeal

An employee, after leaving a company, is no longer authorized to continue accessing its data–regardless of what steps the company took. This is, and always has been, a no-no. But, not everyone seems to realize it. The United States Court of Appeals for the Fourth Circuit recently affirmed a Computer Fraud and Abuse Act conviction for …

Honored to be part of the Team: From 44 Felony Counts to One Misdemeanor, Plea Entered in U.S. v. Salinas CFAA Case

A plea deal has been entered in the case of US v. Salinas. Mr. Salinas’ legal team successfully negotiated an agreement that reduced a 44 felony count indictment down to a single misdemeanor count. Tor Ekeland led Salinas’ legal team and did the heavy lifting on getting this deal done. I am honored that Tor invited …

Podcast: #DtR Episode on Lines in the Sand on “Security Research”

You really need to hear this podcast where we draw lines in the sand staking out what is — and what is not — security research.  The #DtR Gang [Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst)] invited me to tag along for another episode of the Down the Security Rabbit Hole podcast. Also joining us for this episode were …