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 …

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 …

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 …

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 …

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 …

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 …

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 …

iPhone Privacy Lawsuits Dismissed: Breach of Privacy Alone Is Not Injury

There are two important takeaways from the opinion dismissing the consolidated In re iPhone Application Litigation on September 20, 2011: (1) breach of privacy alone is not treated as a “injury in fact”; and (2) breach of privacy in data does not constitute the necessary economic “loss” required for a civil claim under the Computer …

Hacking a car? Yes, really…and you thought I was kidding!

A few weeks ago I blogged about whether an unauthorized access of a car that has a computer and is connected to the Internet would violate the Computer Fraud and Abuse Act. Did you read it? Or, did you think it sounded too ridiculous? Here it is if you want to take a look: Can …

Is a $5k loss required for each defendant under Computer Fraud and Abuse Act?

Two federal district courts in Texas have faced this issue and both refused to find that plaintiffs, to assert a civil Computer Fraud and Abuse Act claim, must meet the $5,000 loss threshold separately as to each defendant. Regular readers of this blog know I often write about the $5,000 jurisdictional loss requirement for asserting a civil claim …