Monthly Archives: July 2010
California Court Grants Summary Judgment to Cisco Systems on Computer Fraud and Abuse Claim, Holding that Brekka Does Not Apply to Ex-Employees
Last week a federal district court in California granted Cisco Systems, Inc. summary judgment on its Computer Fraud and Abuse Act (“CFAA”) claim against an ex-employee who “on multiple occasions and without authorization, . . . used a Cisco employee’s password to gain access to Cisco’s computer systems and download Cisco’s proprietary and copyrighted software.” Multiven, Inc. v. Cisco Systems, Inc., 2010 WL 2889262 *2 (July 20, 2010). This decision underscores the importance of instituting proper corporate computer policies as a predicate to using the CFAA as a tool to protect company data. Peter Alfred-Adekeye (“Adekeye”), the ex-employee, had founded … [ Continue reading ]
Two District Courts in the Second Circuit Follow Brekka To Dismiss Computer Fraud and Abuse Claims against Employees
Last week two federal district courts, one in Connecticut and the other in Manhattan, followed LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) in dismissing Computer Fraud and Abuse Act (“CFAA”) claims brought against employees who stole company data. In neither case did the plaintiff company employer rely on company computer policies or agreements limiting or defining the scope of an employee’s access to the company computers. In University Sports Publications Co. v. Playmakers Media Co., 2010 WL 2802322 (S.D.N.Y. July 14, 2010) University Sports Publications (“USP”) alleged that both a current employee and a former … [ Continue reading ]
Dismissal of CFAA Claim for Lack of Jurisdiction
The National Law Journal July 5, 2010 An ALM publication Daily updates at NLJ.COM Under Computer Fraud and Abuse Act, plaintiff must properly specify a $5,000 loss or case will be tossed. BY NICK AKERMAN The Computer Fraud and Abuse Act (CFAA) is the omnibus federal computer crime statute outlawing theft and destruction of data, hacking, use of viruses, theft of passwords and extortionate threats to damage computers. 18 U.S.C. 1030. Any business or individual “who suffers damage or loss by reason of a violation of the” CFAA is entitled to sue for “compensatory damages and injunctive relief.” However, for … [ Continue reading ]
