Tag Archives: Computer Fraud and Abuse Act

Court Implies Unknown “Backdoor Node” On Software Licensee’s Server To Monitor Infringement May Violate CFAA

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 …

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District Court of Colorado Dismisses CFAA Claim for Failing to Adequately Plead Cause of Action and Loss

The District Court of Colorado granted the Plaintiff’s Motion to Dismiss the Counter-Defendants’ Computer Fraud and Abuse Act claim for two reasons: (1) Defendants failed to comply with federal pleading standards by only reciting the elements of the claim without any supporting factual allegations; and (2) Defendants failed to properly allege a “loss” but, instead, …

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Can You Be Outraged By The Prosecution of Aaron Swartz Under CFAA But Not Sandra Teague?

With Aaron Swartz’s suicide came the lifting of the floodgates for public criticism of the Computer Fraud and Abuse Act. The amount of venom directed at the law is second only to that directed at the federal prosecutors who were prosecuting Swartz. While I understand the emotional issues that are driving much of the criticism, as I …

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What is the Proper Jurisdiction for an International Computer Fraud Lawsuit?

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 …

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Two Year Statute of Limitations for Computer Fraud and Abuse Act Accrued When Plaintiff “Suspected” Wrongdoing

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. …

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Court Finds Insider Redirecting Domain Traffic Not “Interruption of Service” Under Computer Fraud and Abuse Act

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 …

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Current Employee May Have Violated Computer Fraud and Abuse Act by Downloading for Secret New Employer

A federal district court in Mississippi refused to dismiss the Computer Fraud and Abuse Act claims against an individual who, during the term of his employment downloaded confidential information for a new employer. While employed by the plaintiff, the defendant had secretly negotiated an employment agreement with a new company but, before announcing his resignation …

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More Tightening of the Computer Fraud and Abuse Act — Holding it to Rule 9(b) Heightened Pleading Standard

In a change of course for cases applying the Computer Fraud and Abuse Act, a California District Court has made it more difficult for plaintiffs to plead a case for violation of the CFAA by subjecting it to the heightened pleading requirement of Rule 9 which requires the plaintiff to allege the who, what, when, …

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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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Ninth Circuit Upholds $9.5 Million Facebook Privacy Settlement

The United States Court of Appeals for the Ninth Circuit upheld the $9.5 million settlement of a class action lawsuit. The lawsuit that included, among other things, claims for violating the Computer Fraud and Abuse Act, was based on assertions by Facebook users that, through its Beacon Program, Facebook violated their privacy by sharing on …

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