Will News Corp. Executives and Reporters Be Charged with Criminal Violations of the Computer Fraud and Abuse Act?

The New York Times recently reported that the UK telephone hacking scandal could result in News Corp. and its executives being charged in the United States with criminal violations of the Foreign Corrupt Practices Act, Title 15, U.S.C. § 78m, the Electronic Communications Privacy Act, 18 U.S.C. § 2511, and the Telephone Records and Privacy… 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

How Not to Investigate a Suspected Data Theft

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal district court, illustrates what can go wrong when a novice directs a computer investigation. The underlying facts of the… Read More

Facebook’s Lawsuit Protects Its Users Against a Massive Spamming Scheme

On January 26, 2011, the federal district court in the Northern District of California granted Facebook a default judgment against Philip Porembski and PP Web Services LLC for obtaining “login credentials for at least 116,000 Facebook accounts without authorization” and for sending “more than 7.2 million spam messages to Facebook users.” Facebook, Inc. v. Fisher,… 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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