Scientists warn brain implants can be hacked and used to control people (and you thought I was kidding?)

Back in early 2012, I wrote a blog post about whether hacking a human would violate the federal Computer Fraud and Abuse Act. Shortly after publishing it, I received a call from a guy in Austin who said: "dude, someone finally gets it, I need your help!" ... I responded that I was a lawyer, … Continue reading Scientists warn brain implants can be hacked and used to control people (and you thought I was kidding?)

What does it mean to “hack back” and is it a good idea?

There is more and more talk about companies hacking back against those who attack them in cyber space and whether allowing them to take such measures is a good idea. Right now, hacking back, or active defense, as it is often called, is illegal under the federal unauthorized access law, the Computer Fraud and Abuse … Continue reading What does it mean to “hack back” and is it a good idea?

former employee = current data thief

Fifth Circuit Upholds CFAA Conviction for Former Employee’s Misuse Causing Damage Based on Circumstantial Evidence

In United States v. Anastasio N. Laoutaris, 2018 WL 614943 (5th Cir. Jan. 29, 2018), the United States Fifth Circuit Court of Appeals affirmed a jury verdict finding Laoutaris guilty of two counts of computer intrusion causing damage, in violation of 18 U.S.C. § 1030(a)(5)(A) and (c)(4)(B)(i) of the Computer Fraud and Abuse Act. Laoutaris … Continue reading Fifth Circuit Upholds CFAA Conviction for Former Employee’s Misuse Causing Damage Based on Circumstantial Evidence

Trying to DDoS the White House Website to Protest Trump’s Inauguration Violates CFAA

There has been a lot of buzz this past week about protesters indicating they plan to protest President-Elect Trump's inauguration by launching a DDoS attack on the White House website. This plan has received some high-profile publicity by articles in magazines such as Forbes and PC World. I initially learned of this discussion when I … Continue reading Trying to DDoS the White House Website to Protest Trump’s Inauguration Violates CFAA

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