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 [...]

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 [...]

Is Key Claim Missing from Pastor’s Lawsuit Over Wife’s Nude Pics Emailed to Swinger Site?

Should a claim for [YOU GUESS] have been included in this lawsuit? See my thoughts below and share your thoughts. The Allegations Behind the Lawsuit A legal team led by Gloria Allred made news by suing Toyota (and others) on behalf of a Frisco, Texas pastor and his wife, Tim  and Claire Gautreaux, alleging that a [...]

Former Cardinals exec sentenced to prison for hacking Astros

HOUSTON (AP) — A federal judge sentenced the former scouting director of the St. Louis Cardinals to nearly four years in prison Monday for hacking the Houston Astros' player personnel database and email system in an unusual case of high-tech cheating involving two Major League Baseball clubs. Source: Former Cardinals exec sentenced to prison for [...]

The CFAA is for Access of a Computer, Not Mere Possession

It often said that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, is an access crime -- meaning that it is designed to punish the wrongful access of a device. A recent case out of the Northern District of Texas highlights this point. In Nicole Clarke-Smith v. Business Partners in Healthcare, LLC, 2016 WL [...]