The jurisdictional $5,000 “loss” requirement continues to be one of the most hotly contested issues arising out of civil actions filed under the federal Computer Fraud and Abuse Act (“CFAA”).
In Marketing Technology Solutions, Inc. v. Medizine LLC, 2010 WL 2034404 *6-7 (S.D.N.Y. May 18, 2010) the court denied the defendant’s motion to dismiss the CFAA claim for stealing trade secrets from the company computer. Medizine, the employee’s new employer, argued that the employee, Daniel Brandt, could not have accessed his former employer’s computer without… Read More
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
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
The Magistrate Judge in Consulting Professional Resources, Inc. v. Concise Technologies LLC, 2010 WL 1337723 (W.D. Pa. March 9, 2010) held that the CFAA does not apply to an employee who removed trade secret protected data from the company computer and provided it to a competitor immediately prior to leaving her employer to become employed… Read More
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
A recent federal district court decision refusing to grant summary judgment to a defendant in a Computer Fraud and Abuse Act (“CFAA”) case highlights the importance of clearly delineating one’s rights in accessing a database that contains data owned by more than one party.
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
How do semi-nude photos, suicide and a possible decision by the US Supreme Court relate to a Nebraska decision handed down last month on the Computer Fraud and Abuse Act (“CFAA”)?
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