Computer Policies and the 9th Circuit

Last month I posted my article from the National Law Journal, entitled, “Time to Review Computer Policies,” discussing three recent cases, including LVRC Holdings LLC v. Brekka, 81 F.3d 1127, 1131 (9th Cir. 2009). I cited Brekka for the proposition that it is important to delineate the scope of an employee’s permissible access to the [more...]

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Default judgment entered for Criagslist on the CFAA

Craigslist, Inc. v. Naturemarket, Inc., 2010 WL 807446, *12 (N.D. Ca., March 5, 2010) entered a default judgment in favor of Craigslist for, among other things, a violation of the Computer Fraud and Abuse Act. The court held that the defendants’ access to the Craigslist Web site was unauthorized under the CFAA because the defendants [more...]

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How To Prove “Loss” for Computer Fraud and Abuse Act

To bring a civil action based on the federal Computer Fraud and Abuse Act (“CFAA”) a plaintiff must show that the alleged violation “caused . . . loss . . . aggregating at least $5,000 in value.” 18 U.S. C. Section 1030(c)(4)(A)(i). “Loss” is defined by the CFAA as “any reasonable cost to any victim, [more...]

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Hotel Feud Prompts Grand Jury Into Probe

Hotel Feud Prompts Grand Jury Into Probe The Wall Street Journal October 8, 2009 PDF copy of original article: View The Wall Street Journal Share This Post:

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Time to Review Corporate Computer Policies

THE PRACTICE Commentary on developments in the law Three recent court decisions make it important for companies to begin the new year with a thorough review of their computer-use policies with a focus on two issues: ensuring that employees have no expectation of privacy in using the company computer systems and delineating the scope of [more...]

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Will the Justices Rule on the CFAA?

Nick Akerman September 28, 2009 Two cases decided in the past month — LVRC Holdings LLC v. Brekka, No. 07-17116, 2009 WL 2928952, (9th Cir. Sept. 15, 2009) and U.S. v. Drew, No. CR 08-0582, 2009 WL 2872855 (C.D. Calif. Aug. 28, 2009) — raise the prospect that the federal Computer Fraud and Abuse Act [more...]

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