Tag Archives: computer fraud

Fifth Circuit Finds Company Not Liable for Alleged Violations of CFAA and ECPA by Its Regional Manager

Do alleged violations of the Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act committed by a company’s Regional Manager make the company liable? No, as long as the Regional Manager was not acting on behalf of the company. On October 19, 2012, the United States Court of Appeals for the Fifth Circuit …

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4 Takeaways From A Really Easy Computer Fraud And Abuse Act Case

4 Practical Takeaways: A “protected computer” is any computer connected to the Internet. The $5,000 loss requirement can be aggregated and need not be met by only one single act. Lost revenue is a “loss” if it was caused by an interruption of service because the computers failed. Observation of data alone constitutes “obtaining information”. …

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Break Into A Home, Violate the Computer Fraud and Abuse Act?

How’s that for a crazy sounding question? Could breaking into a home violate the Computer Fraud and Abuse Act? I know you’re wondering just how I come up with these crazy things, right? From the news, of course! I read a really interesting article by David Goldman on CNNMoney entitled Your Jetsons Home is Almost …

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Share your password, do the time – lessons under the Computer Fraud and Abuse Act

The Lesson: DO NOT SHARE YOUR COMPUTER PASSWORDS! The Student: Jane Smith, a County Clerk of Court with a distinguished career of service for 39 years. The Mistake: Sharing her computer password with an IT contractor who was working on the Clerk’s office computers with the Sheriff’s Department, District Attorney’s Office, and Madison County Jail to …

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How Do You Violate the Computer Fraud and Abuse Act? SunPower Lawsuit Shows How!

A new lawsuit has been filed by SunPower against 5 former employees and it’s rival SolarCity alleging violations of the Computer Fraud and Abuse Act. This is a good one to look at if you want to see how to violate the CFAA with style — especially if you are an soon-to-be-departing employee and you …

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Mind Control, Human Hacking & the Computer Fraud and Abuse Act?

Here is a thought to ponder: Would it violate the Computer Fraud and Abuse Act to hack a person? Based on the broad definition of computer that is used in the Computer Fraud and Abuse Act I believe that the answer could be “yes.” Here is why: The CFAA applies to anything with a microchip …

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Example of Effective Computer Acceptable Use Notice

I am blogging from Texas Health Presbyterian Plano hospital while visiting a (sleeping) family member. When I logged onto my laptop I received an option to connect to the hospital’s free wifi Internet access. When I clicked to join the wifi, I was directed to the THR Acceptable Use Statement for Public Internet that I …

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Texas Lawyer: Computer Fraud and Abuse Act 101

I am very honored that the Texas Lawyer published my article titled Computer Fraud and Abuse Act 101 in its December 19, 2011 edition. I previously circulated a link to the article that required a subscription to the Texas Lawyer to access. Now, however, the Texas Lawyer has very graciously made this article available without a …

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My Appearance on Capital Thinking Radio Show

On October 13, 2011 I was a guest on Capital Thinking, a talk radio show hosted by Kevin O’Neill on which I was invited to discuss the Computer Fraud and Abuse Act. Here is the link to the show and my segment does not begin until right at 32 minutes into the program:  http://www.voiceamerica.com/episode/56928/presidential-race-and-election-2012-computer-fraud-and-abuse-healthcare-update NOW, the mere …

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“What Does CFAA Mean and Why Should I Care?”–A Primer on the Computer Fraud and Abuse Act for Civil Litigators

The following is an abstract of my latest law review article that is being published by the University of South Carolina Law Review.The title of the article is “What Does CFAA Mean and Why Should I Care?”–A Primer on the Computer Fraud and Abuse Act for Civil Litigators. It should be out in the late …

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