Tag: computer fraud

3 Important Points on Computer Use Policies

IMPORTANT POINT #1: YOUR BUSINESS MUST HAVE A COMPUTER USE POLICY IN PLACE Computer Use Policies (or Acceptable Use Policies, as they are often referred to) are must haves for today’s businesses. Such policies are a foundational component in how a business creates a culture of security with its workforce by establishing expectations on what are…

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3 Key Takeaways About Texas’ Unauthorized Access Law

The Dallas Court of Appeals recently decided a civil case involving claims under Texas’ unauthorized access of computer law that provides some helpful guidance for this relatively new law that has very little case law construing it. The 3 takeaways that follow are the key legal principles that apply to this law as set forth…

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Court Order Provides CFAA Authorization to Access Computer, Even if Later Overturned

A party who accesses a computer pursuant to a court order authorizing him to seize and access the computer will not be found in violation of the Computer Fraud and Abuse Act if such order is later overturned. “An essential element of a CFAA claim under 10 U.S.C. § 1030 is that the [defendant] accesses a…

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Would increasing CFAA penalties via the CISA Amendment really even help? I don’t think so.

As the Cybersecurity Information Sharing Act (CISA) is making its way through the Senate, it has stirred up more controversy with Senator Sheldon Whitehouse’s proposed amendment to the Computer Fraud and Abuse Act (CFAA), that he argues, would give law enforcement more tools to fight hackers. The Amendment would provide for increased sentences (up to…

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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…

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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…

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