Monthly Archives: October 2010

While the federal Computer Fraud and Abuse Act (“CFAA”) permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the fact that the CFAA is at its core a criminal statute. Nyack Hospital v. Moran, 2010 WL 4118355 (S.D.N.Y. June 1, 2010) neatly illustrates the importance of being able to prove the criminal elements of the statute in order to obtain a civil remedy – damages or injunctive relief. The defendant, Kevin Moran, had been employed by Nyack Hospital as its Manager of Organizational Development. … [ Continue reading → ]

The college student David C. Kernell who was convicted by a Chattanooga, Tennessee jury of various federal crimes including a violation of the Computer Fraud and Abuse Act (“CFAA”) for accessing Alaska Governor Sarah Palin’s Yahoo email account will be sentenced on October 29, 2010. What Kernell did was to decipher the password for Alaska Governor Sarah Palin’s Yahoo email account and distribute her emails over the Internet during the 2008 Presidential campaign. Kernell moved post-verdict pursuant to Rule 29, Fed.R.Cr.P. for a judgment of acquittal on the ground that the evidence was insufficient to support his conviction. The trial … [ Continue reading → ]

LimeWire sounds innocent enough – a file sharing program that allows individual users to download music over the Internet, video and other files directly from the hard drive of another LimeWire user. LimeWire and other similar software, described as peer-to- peer software, is a popular way to avoid paying for music and movies. There is, however, a catch. These free downloads pose enormous risks. An anonymous LimeWire user who can download a song or a movie from your computer can also download your highly sensitive personal information that can be used to steal your identity and, in turn, your bank … [ Continue reading → ]

In the past six months approximately 6 class action lawsuits have been filed in Los Angeles federal district court against various companies for, among other things, violations of the Computer Fraud and Abuse Act (“CFAA”), Title 18 U.S. C. § 1030, based on advertising technology that tracks a computer’s web surfing practices. Unlike traditional cookies, the type of technology alleged in these complaints supposedly cannot be deleted from a computer. The corporate defendants in these cases, including CNN, Fox News, News Corp. and the Wall Street Journal, are certain to be checking whether their insurance policies cover the attorney’s costs … [ Continue reading → ]