Shawn E. Tuma

Posts Tagged ‘law’

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

In Computer Fraud, Computer Fraud and Abuse Act, Cyber Trial Law, Texas Computer Crimes, Texas Computer Crimes Cases on December 3, 2016 at 4:45 pm

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 Toyota salesman emailed nude pictures of Claire to a swingers’ website from Tim’s phone while in his possession to confirm a preapproval offer that was on an app.

According to the Dallas Morning News, Matt Thomas, a salesman for Texas Toyota of Grapevine, emailed the pictures in January 2015 when the couple went in to purchase a car. Tim had a financing app on his phone that had pre-approval information and Matt Thomas took the phone out of Tim and Claire’s presence to confirm the information. It was at this time that he is claimed to have emailed the nude pictures of Claire to a swingers’ website, which Tim subsequently discovered.

After discovery, the Gautreauxs’ reported it to law enforcement authorities and, according to news reports,  Thomas has been charged criminally: “The details are outlined in the criminal complaint against Thomas, who is charged with computer security breach. His case is pending with the Tarrant County District Attorney’s Office.” The Dallas Morning News reports he was arrested for this crime in November 2015.

The Gautreauxs’ Lawsuit

On December 1, 2016, the Allred legal team filed Plaintiffs’ Original Petition in the lawsuit styled Tim and Claire Gautreaux v. Grapevine Imports, LLC d/b/a Texas Toyota of Grapevine, Toyota Motor North America, Inc. and Matt Thomas, Cause No. DC-16-15336, Dallas County, Texas, asserting 6 causes of action for the following:

  • Negligent Hiring, Supervision, Training, and Retention
  • Intrusion upon Seclusion
  • Violation of Texas Deceptive Trade Practices Act
  • Breach of Contract
  • Negligence
  • Public Disclosure of Private Facts

 

Do You See Anything Missing?

For regular readers of this blog, do you see anything missing? Especially in light of the purported criminal charge pending against Thomas for “computer security breach”?

The Claim that Was Not Alleged: Texas Harmful Access By Computer Act

Where is the claim for Harmful Access by Computer Act (HACA), Chapter 143 of the Texas Civil Practice and Remedies Code, which provides a civil cause of action, attorney’s fees, and perhaps exemplary damages for violations of the criminal offense of Breach of Computer Security, Section 33.02 of the Texas Penal Code?

Do you believe this is a proper case to at least make a claim for violations of HACA?

For an initial examination, take a look at these two posts:

For a more in-depth examination, take a look at pages 26 – 31 of this article that I published in July 2016: Federal Computer Fraud and Abuse Act and Texas Computer Crime Statutes

 

Should There Also be a CFAA Claim Here?

Now, what do you think about whether this is an unauthorized access case that should be brought under the Computer Fraud and Abuse Act, taking into account that the Gautreauxs’ “investigated” and discovered what happened without the need for third-party forensics or remediation? Does the following article change your analysis? Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analysis is Good Too

Come on, leave me a comment and give me your thoughts on this interesting case!

______________________

Shawn Tuma (@shawnetuma) is a business lawyer with an internationally recognized reputation in cybersecurity, computer fraud, and data privacy law. He is a Cybersecurity & Data Privacy Partner at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes throughout the United States and, through its Mackrell International network, around the world.

7 Strategies To Win the Cyber “Space Race” – Cybersecurity Policy Ideas for Trump Administration

In Cybersecurity Law on November 11, 2016 at 6:00 am

“To truly make America safe, we must make cybersecurity a major priority for both the government and the private sector.”  -Donald Trump

Taking a page from the “avoidance of disaster handbook,” the article below sets out 7 strategies that both your company (and the government of the United States) could pursue to better protect its networks, intellectual property and personally identifiable information. Yes, some of these strategies involve government funding, tax credits, or government involvement. But isn’t that the point of the cybersecurity race? We need to prove our cybersecurity and cyber defense is second to none.”

In 7 Strategies To Win the Cyber “Space Race”, well-respected cybersecurity thinker Paul Ferrillo (@PaulFerrillo) and I share some of our thoughts on how to win the Cyber “Space Race” based on recent examples we can all learn from as well as a few suggestions for cybersecurity policy that we would like to see from the new Trump Administration. For reference, here is President-Elect Trump’s vision for cybersecurity during his campaign.

Our purpose is to ignite a debate that will vet these ideas as well as lead to more ideas from other thought leaders who are willing to engage in this discussion along with us. Please, share your thoughts, whether good or bad,  in the comments to this post or to the article itself, via Twitter, LinkedIn, or the Cybersecurity Business Law Facebook Page.

Yes, You Can Be Held Personally Liable for Your Company’s Data Breach – Here’s Why

In Corporate Governance, Cyber Generally, Data Breach, Privacy on October 30, 2016 at 10:48 am

jeffmullinswebsizeda“Can I be held personally liable for my company’s data breach?”

That is one of the questions I am asked most frequently.  The answer is “YES!” though the usual reasons provided are not nearly as straightforward as the one discussed in the video below. Read the rest of this entry »

Video: Cybersecurity Legal Issues – What you really need to know (Shawn Tuma)

In Cybersecurity Law, Data Breach, Media on October 10, 2016 at 5:00 am

Shawn Tuma delivered the presentation Cybersecurity Legal Issues: What you really need to know at a Cybersecurity Summit sponsored by the Tarleton State University School of Criminology, Criminal Justice, and Strategic Studies’ Institute for Homeland Security, Cybercrime and International Criminal Justice. The presentation was on September 13, 2016 at the George Bush Institue. The following are the video and slides from Tuma’s presentation.

______________________

Shawn Tuma (@shawnetuma) is a business lawyer with an internationally recognized reputation in cybersecurity, computer fraud, and data privacy law. He is a Cybersecurity & Data Privacy Partner at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes throughout the United States and, through its Mackrell International network, around the world.

Cybersecurity Lessons Learned from SecureWorld #SWDAL16 Conference

In Cybersecurity Law, Data Breach, Media on September 29, 2016 at 7:04 pm

secureworldFollowing an outstanding SecureWorld Expo – Dallas Conference, Courtney Theim posted a nice wrap up of the lessons learned as of the time of her post: #SWDAL16: What We’ve Learned So Far

I am going to give you the gist of it and encourage you to go check out the full post: Read the rest of this entry »

%d bloggers like this: