Monthly Archives: March 2010
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 company computers. Since then, two new district court decisions from California and Washington have called into question whether such a strategy will work in the 9th Circuit. Both decisions narrow the meaning of exceeding authorized access under the federal Computer Fraud and Abuse Act (“CFAA”) … [ Continue reading ]
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 violated the Web site’s Terms of Use (“TOU”). Specifically, the Craigslist TOU “expressly prohibits users from engaging in repeated postings of similar content, posting ads on behalf of others, gaining unauthorized access to Plaintiff’s computer systems, and using automated posting devices or computer programs that … [ Continue reading ]
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, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system , or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.” 18 … [ Continue reading ]
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
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 the employee’s permissible accessto the company computers. This article will discuss these three decisions and their implications for creating effective corporate computer policies that protect the company against the theft of its data. Two of these recent decisions—Quon v. Arch Wireless Operating Co. Inc., 529 … [ Continue reading ]
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 (CFAA), U.S.C. 1030, will for the first time in its 25-year history be interpreted by the U.S. Supreme Court. This article will review Brekka and Drew, their likely outcomes on appeal and what businesses should do in response to these decisions. The CFAA, the federal … [ Continue reading ]
