Unauthorized Access of President Obama’s Student Loan Data Ends in Computer Fraud Conviction

The Eight Circuit Court of Appeals upheld the criminal conviction of Sandra Teague for accessing President Obama’s data in the National Student Loan Data System during her employment at a government contractor for the Department of Education. U.S. v, Teague, 646 F.3d 1119 (8th Cir. 2011). She was indicted and convicted by a jury for… Read More

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer’s Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for “bombarding” the computer systems of its sales and executive offices with emails and voicemails making it impossible for the company… Read More

9th Circuit Clarifies Brekka: Employees Can Be Criminally Prosecuted for Violating Their Employer’s Computer Policies

In California, Washington, Oregon, Alaska, Montana, Arizona, Nevada and Idaho – states covered by the 9th Circuit Court of Appeals — the answer as of yesterday is an emphatic “YES.” In U.S. v. Nosal, 2011 WL 1585600 (9th Cir. April 28, 2011) the court clarified its decision in LVRC Holdings LLC v. Brekka, 581 F.3d… Read More

The 11th Circuit Rejects Brekka and Provides Guidance on Pursuing Ex-Employees Who Steal from Company Computers

This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the agency’s computer for non-business reasons. U.S. v. Rodriguez, 2010 WL 5253231 (11th Cir. Dec. 27, 2010). This case is significant for two reasons. First, the… Read More

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