Tag Archives: Computer Fraud and Abuse Act

Here is a “Computer Fraud” Case that is NOT Covered by the Computer Fraud and Abuse Act!

Believe it or not, there really can be a case of “computer fraud” that is NOT covered by the Computer Fraud and Abuse Act (CFAA). Surprised? Let me explain. The CFAA is an “access” crime that requires there to be an unlawful “access” to a computer by either accessing a computer “without authorization” or “exceed[ing] authorized access.” …

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Collin County Bench Bar Presentation on Cyber Risks to Lawyers #CCBBF

This morning I have the privilege of speaking at the Collin County Bench Bar Conference and talking with a tremendous group of Collin County Judges and Lawyers about the risks that lawyers, their clients, and their law practices face from data insecurity issues. Here is the Prezi presentation that I will be using – take …

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Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the …

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Will Sprint’s Multiple Computer Fraud and Abuse Act Lawsuits Highlight the District Court Split on Loss Jurisprudence?

Much has been written about the circuit split with regard to Computer Fraud and Abuse Act access jurisprudence. While this has been the primary focus of attention, there has been a similar divide among the district courts with regard to the loss jurisprudence. Given that the $5,000 loss requirement is the jurisdictional threshold that must …

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No Senator Wyden, Whether the Computer Fraud and Abuse Act Applies to the CIA is Not a Simple Yes or No

During a Senate Select Committee on Intelligence public hearing on Wednesday, January 29, 2014, Senator Ron Wyden asked CIA Director John Brennan if the Computer Fraud and Abuse Act applied to the CIA. Director Brennan deferred answering for a week. Here is the dialogue: Senator Wyden: “Director Brennan – question with respect to policy. Does the …

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Sixth Circuit: Unknown Access of a Remote Server Cannot Be Intentional, Thus Does Not Violate CFAA

Does a person violate the Computer Fraud and Abuse Act by accessing a remote computer without authorization if he is not aware that he is even accessing that remote computer? The Sixth Circuit says no. The Computer Fraud and Abuse Act prohibits the intentional access of a computer without authorization. When a defendant is not …

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The Indictment – Hunter Moore Prosecuted Under Computer Fraud and Abuse Act (CFAA)

Here is the Indictment of Hunter Moore, the king of revenge porn. He was indicted this past week for conspiracy to hack people’s email accounts to steal their private nude photos and post them on his revenge porn website. The indictment is for violating the Computer Fraud and Abuse Act (CFAA) and conspiracy. Have a look …

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Hunter Moore or Aaron Swartz: Do we hate the CFAA? Do we love the CFAA? Do we even have a clue?

What do we really want? Information privacy? Information security? Or, the liberation of information? This was the topic of last week’s blog post Aaron Swartz, Edward Snowden, Target Breach, Privacy and Data Security — What Do We Really Want? And then this week, like manna from Heaven above, we get the indictment of Hunter Moore to help …

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US v. Nosal Court Provides Guidance on Calculation of “Loss” Under the Computer Fraud and Abuse Act (CFAA)

On January 13, 2014, the District Court in United States v. Nosal issued an Order Regarding the Calculation of Loss for Purposes of the Guidelines which, while aimed primarily at addressing the criminal sentencing guidelines, also provided some helpful principles for calculating a “loss” for purposes of 18 U.S.C. § 1030(g) of the Computer Fraud and Abuse …

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Tuma quoted in Computerworld article: “A year after Swartz suicide, reform of anti-hacking law remains elusive”

I am honored to have been quoted in today’s Computerworld article about Aaron Swartz and reforming the Computer Fraud and Abuse Act titled A year after Swartz suicide, reform of anti-hacking law remains elusive: Calls for changing the Computer Fraud and Abuse Act have made little headway. The article also quotes Hanni Fakhoury of the Electronic Frontier …

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