Talking About the Global Impact of Cybersecurity, Law, and Business Risk
You already know what a threat hacking and data breaches are to your business, right? Good. In that case, you will appreciate the following post from my friends at SpearTip about cyber counterintelligence. Here’s a little teaser: If your organization is not yet retaining a provider that specializes in this technique, referred to as “Cyber …
Continue reading “The Indispensability of Cyber Counterintelligence”
Last night I had the wonderful opportunity to present to IMA – The Association of Accountants and Financial Professionals in Business on the topic of Helping Businesses Prepare for Computer Fraud and Data Breaches. Here are the presentation slides. I was really impressed with the quality of this event on many levels — these folks …
Continue reading “Presentation: Helping Businesses Prepare for Computer Fraud and Data Breaches”
TAKEAWAY: Do not access your former employer’s computer system without its consent after you no longer work there. New employers, do not encourage or permit your new employees to do this either. There has been much debate over the last couple of years over whether an employee violates the Computer Fraud and Abuse Act by wrongfully accessing …
Here are some recent Computer Fraud and Abuse Act (“CFAA”) cases that have been decided (or published) over the last couple of weeks: Tracfone Wireless, Inc. v. Cabrera, 883 F. Supp.2d 1220 (S.D. Fla. July 11, 2012). Defendant and former employee who engaged in selling stolen TracFone Prepaid Phones violated the unauthorized access with intent …
Continue reading “Computer Fraud and Abuse Act Cases Update (March 6, 2013)”
TAKEAWAY: A Computer Fraud and Abuse Act claim that touches matters covered by an arbitration agreement is arbitrable. In Torbit, Inc. v. Datanyze, Inc., 2013 WL 572613 (N.D. Cal. Feb. 13, 2013), the defendant moved to compel arbitration of a Computer Fraud and Abuse Act claim under an arbitration agreement that provided that “all claims …
TAKEAWAY: The Computer Fraud and Abuse Act incorporates traditional principles of tort causation, therefore, intervening or superseding cause can be an affirmative defenses to a CFAA claim. In Denarii Systems, LLC v. Arab, 2013 WL 500826 (S.D. Fla. Feb. 11, 2013), the plaintiff brought a Computer Fraud and Abuse Act claim against the Defendants. One of the …
This is a case where I really wish there had been a Computer Fraud and Abuse Act claim but there wasn’t, though the court mentioned it anyway as if to goad the attorneys by saying “hey, you missed this one!” Nonetheless, the court’s passing comment sheds some light on the recent debate over using offensive …
The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the defendant knew the location of the computer server. This issue was analyzed by the United States Court of Appeals …
Continue reading “What is the Proper Jurisdiction for an International Computer Fraud Lawsuit?”
SEE NEW POST UPDATING THIS CASE: Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator There have not been many Computer Fraud and Abuse Act cases where the statute of limitations has been a key issue in the case so there are not many cases that have analyzed the issue. …
In a civil case where a former director, after being removed as director, logged into the company’s Internet domain names and redirected traffic away from the company resulting in lost revenue and business opportunities, the court determined that such redirection of traffic away from the company was not an “interruption of service” under the Computer …
You must be logged in to post a comment.