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 [...]

Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analyisis is Good Too

Plaintiff had interesting claim under the CFAA but couldn’t get there due to that pesky “loss” requirement Does an employer violate the Computer Fraud and Abuse Act by remotely wiping an employee’s personal mobile device that was connected to the employer’s server and contained its data? The United States District Court for the Southern District [...]

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 [...]

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 [...]

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 [...]