Monthly Archives: April 2010
Tennessee Court: The CFAA Is Not Unconstitutionally Vague
While she is no longer a public official, former Governor Sarah Palin has unwittingly contributed to a Tennessee federal district court upholding the constitutionality of the federal Computer Fraud and Abuse Act (“CFAA”). The case in question is a criminal prosecution against David Kernell, the college student charged with violations of the CFAA for accessing Palin’s Yahoo email account during the 2008 Presidential campaign.
Nebraska Court: The CFAA Is Not Unconstitutionally Vague
How do semi-nude photos, suicide and a possible decision by the US Supreme Court relate to a Nebraska decision handed down last month on the Computer Fraud and Abuse Act (“CFAA”)?
Privacy on Your Work Computer?
Can we expect any privacy when it comes to personal emails created at work? Perhaps a little. The New Jersey Supreme Court in Stengart v. Loving Care Agency affirmed a lower court opinion last week holding that despite an employer’s corporate computer policies reserving all rights to review employee emails, an employee’s communications with her attorney were protected by the attorney client privilege and, thus, off limits to review by her employer. 2010 WL 1189458 (N.J. March 30, 2010). Marina Stengart used her employer’s laptop computer to communicate with her attorney about an anticipated lawsuit against her employer “through her personal, password-protected, web-based email account.” … [ Continue reading ]
Social Media Poses Risks To Companies
By Melissa Krasnow. Social media, including Facebook, Twitter, YouTube, etc., is an evolving and growing means of communication. According to some reports, people have been spending more time using social media sites than e-mail since February 2009. See “A World of Connections,” The Economist, Jan. 28, 2010. For companies, social media presents both opportunities and risks. These risks include reputational, brand, legal, regulatory and security concerns. This article outlines some approaches that companies are taking to manage the risks, including: 1) reviewing existing company compliance policies and preparing social media policies as warranted; 2) restricting workplace access to social media; … [ Continue reading ]
