Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
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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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 …
There are many proposals floating around Capitol Hill that will purport to beef up our nation’s current cybercrime laws, first and foremost the Computer Fraud and Abuse Act. I have recently read two very good articles that do a nice job of explaining many of the inadequacies of the proposed legislation and is well worth …
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Sharing or borrowing login credentials to a paid website or online account in a way that is prohibited by the site’s Terms of Service could get you into trouble for violating the Computer Fraud and Abuse Act. This is what is alleged in the case KWG Partners, LLC v. Jeremy Sigel, JNS Reality, John Does …
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A plaintiff’s claim that he would need to retain a forensic computer expert to examine a third party’s computer to detect and delete the data taken from his thumb drive was considered to be too speculative to qualify as a “loss” under the Computer Fraud and Abuse Act (“CFAA”). This was the Ninth Circuit Court …
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That’s right, we have another one! Do you recall Lee v. PMSI, Inc.—the case that burned up the blogs and Twitter feeds last week because it involved Facebook? You remember, the case in which the court found that an employee’s using Facebook and checking personal email at work was not a violation of the Computer …
Continue reading “Another Pregnancy Discrimination / Computer Fraud and Abuse Act Case?”
Cash payment not required! Bartered services, lost employee time, perhaps even fees for attorney investigating / overseeing investigation–all can satisfy the $5,000 mandatory “loss” required to bring a civil action under the Computer Fraud and Abuse Act. This we can take from a recent case, Animators at Law, Inc. v. Capital Legal Solutions, LLC, Case …
It has happened again — another plaintiff has sued Apple along with Pandora, The Weather Channel, and several “Does” in another class action law suit for, what I have referred to as, iTracking — you know, the “scandal” that broke not too long ago about how Apple, and others, have been allegedly collecting users private …
Continue reading “iTracking II: Apple Sued Again for Violating Computer Fraud and Abuse Act”
One court recently found that an employee who wasted work time by using the Internet excessively, including playing on Facebook, did not violate the Computer Fraud and Abuse Act by her less than industrious ways. The case is Lee v. PMSI, Inc., 2011 WL 1742028 (M.D. Fla. May 6, 2011) and the facts are pretty …
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They Certainly Do! If a company has a policy or contractual agreement that places limitations on the permissible reasons for accessing the company computer or permissible uses for the data on that computer, it will usually be enforceable according to a majority of the federal courts of appeals that have addressed the issue. What does …
Continue reading “Computer Use Policies – Do They Even Matter?”
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