Tag: loss

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…

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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?

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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.

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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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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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Loss and Damage Are Not Interchangeable Under CFAA–District Court Blows Right Past CFAA’s “Loss” Requirement in Sysco Corp. v. Katz

In denying a motion to dismiss a civil Computer Fraud and Abuse Act claim, a district court found that a departing employee’s purported cover-up of nefarious activity by deleting e-mails from his “sent” and “deleted items” folders on Plaintiffs’ computer system was sufficient to allege damage pursuant to 18 U.S.C. § 1030(c)(4)(A)(i) which provision, however, does not address the issue…

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Computer Fraud and Abuse Act Cases Update (March 6, 2013)

Here are some recent Computer Fraud and Abuse Act (“CFAA”) cases that have been decided (or published) over the last couple of weeks: Tracfone Wireless, Inc. v. Cabrera, 883 F. Supp.2d 1220 (S.D. Fla. July 11, 2012). Defendant and former employee who engaged in selling stolen TracFone Prepaid Phones violated the unauthorized access with intent…

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Plaintiff’s CFAA Claim Dismissed Because of Simple Pleading Error

This blog is full of posts about the Computer Fraud and Abuse Act‘s requirement that, for a civil claim, the claimant must plead a $5,000 loss. Click here to see. One of the operative words in that sentence is plead — not argue — but plead! This means it must be in your pleading which is…

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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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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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