Top 3 CFAA Takeaways from Facebook v. Power Ventures Case in Ninth Circuit

Here are my top 3 key Computer Fraud and Abuse Act (CFAA) takeaways from the Ninth Circuit Court of Appeals' Order and Amended Opinion issued on December 9, 2016 in Facebook, Inc. v. Power Ventures, Inc. 1.  A violation of the CFAA can occur when someone "has no permission to access a computer or when such permission [...]

Cybersecurity Legal Issues: What you really need to know (slides)

Shawn Tuma delivered the presentation Cybersecurity Legal Issues: What you really need to know at a Cybersecurity Summit sponsored by the Tarleton State University School of Criminology, Criminal Justice, and Strategic Studies' Institute for Homeland Security, Cybercrime and International Criminal Justice. The presentation was on September 13, 2016 at the George Bush Institue. The following are the slides [...]

D CEO Magazine: Why Cybercriminals Are Targeting Law Firms

Many thanks to attorney and legal scholar extraordinaire John G. Browning (@therealjohnbrow) for quoting Shawn Tuma in his article in this month's D CEO magazine: Why Cybercriminals Are Targeting Law Firms. Please read the full article to hear Tuma's advice to John's questions of why law firms often have poor(er) cybersecurity and what law firms can [...]

Tuma Discusses Hack of DNC Trump Research (Radio Interviews)

On Wednesday, June 15, 2016 and Thursday, June 16, 2016, Shawn Tuma was a guest on several radio stations to discuss the hacking attack on the Democratic National Committee in which the hackers obtained the DNC's opposition research on Donald Trump. Here is the audio from some of the interviews: https://youtu.be/jyOKiqXROuI https://youtu.be/ONBWg0av-xs https://youtu.be/ZUd1jOiT5tg https://youtu.be/6OVWU6mNRCI https://youtu.be/po_cK53bppk [...]

The CFAA is for Access of a Computer, Not Mere Possession

It often said that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, is an access crime -- meaning that it is designed to punish the wrongful access of a device. A recent case out of the Northern District of Texas highlights this point. In Nicole Clarke-Smith v. Business Partners in Healthcare, LLC, 2016 WL [...]