Narrow Interpretation of CFAA’s Jurisdictional “Loss” Requirement

A district court in Illinois last week granted summary judgment to a defendant on a Computer Fraud and Abuse Act (“CFAA”) claim by narrowly interpreting the jurisdictional “loss” prerequisite under the CFAA to require a showing that the computer was “impaired” or “suffered an interruption of service.” Von Holdt v. A-1 Tool Corp., 2010 WL… Read More

How Do You Sue an Unknown Hacker?

The question was answered this week by a federal district court in Connecticut in the case of GWA, LLC v. Cox Communications, Inc. and John Doe, 2010 WL 1957864 (D.Conn. May 17, 2010). When the company computer is hacked, the only evidence that is usually available on the hacked computer to identify the hacker is… Read More

U.S. Companies Misrepresenting EU Data Protection Directive Safe Harbor Compliance Risk Federal Trade Commission Enforcement Action

U.S. companies that transfer personal data from the European Economic Area (i.e., the 27 Member States of the European Union (EU) and Iceland, Liechtenstein and Norway) (EEA) to the United States, and misrepresent that they have self-certified under the Safe Harbor framework, risk Federal Trade Commission (FTC) enforcement action under Section 5 of the Federal… Read More

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… Read More

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… Read More

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… Read More

Computer Policies and the 9th Circuit

Last month I posted my article from the National Law Journal, entitled, “Time to Review Computer Policies,” discussing three recent cases, including LVRC Holdings LLC v. Brekka, 81 F.3d 1127, 1131 (9th Cir. 2009). I cited Brekka for the proposition that it is important to delineate the scope of an employee’s permissible access to the… Read More

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