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… Read More

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,… Read More

Brekka 9th Circuit

In LVRC Holdings LLC v. Brekka, 581 F.3d 1127, (9th Cir. 2009) the employee emailed to himself competitively sensitive data so he could use it to compete against his current employer.  Disagreeing with Citrin, the 9th Circuit refused to hold that an employee’s authorization to access the company computer is based on the law of… Read More

Verdict in MySpace Suicide Case

November 27, 2008 Verdict in MySpace Suicide Case By JENNIFER STEINHAUER LOS ANGELES — A federal jury here issued what legal experts said was the country’s first cyberbullying verdict Wednesday, convicting a Missouri woman of three misdemeanor charges of computer fraud for her involvement in creating a phony account on MySpace to trick a teenager,… Read More

Web Site Terms of Use

Web site terms of use have taken center stage with the recent press reports of the indictment of Lori Drew by a Los Angeles federal grand jury for violating the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030.  Drew, 49, is charged with breaching MySpace’s terms of service by tormenting and harassing a… Read More

Conversion of E-Data

Little did William the Conqueror know that when he won the Battle of Hastings in 1066, his victory would have ramifications for protecting computer data.  The Norman Conquest established a system for addressing the theft of chattels that evolved to the present-day cause of action for conversion.  This ancient common law civil remedy has recently… Read More

CFAA’S $5,000 Threshold

NEXANS WIRES, a manufacturer of advanced copper and optical fiber wire and cables, sued its direct competitor, Sarkuysan, in federal court in the Southern District of New York alleging that it had “induced” two individuals to engage in economic espionage by stealing computer data belonging to Nexans Wires.  Nexans Wires S.A. v. Sark-USA Inc., 319… Read More

Proving a CFFA Claim

THE FEDERAL Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, et. seq., provides companies with a powerful legal tool to protect their computer data.  As its inclusion in Title 18 demonstrates, the CFAA was originally enacted as a criminal statute in 1984, but was amended in 1994 to provide victims of computer crime with… Read More

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