Archives: Computer Fraud and Abuse Act

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SCOTUS Declines To Review Password Sharing Prosecution Under Computer Fraud and Abuse Act

Our Workplace Privacy, E-Communication and Data Security Practice Group recently posted this article regarding the United States Supreme Court’s denial of certiorari in Nosal v. Unites States, 16-1344.  This Blog previously posted articles about the Nosal case, which can be found here and here. In the Nosal case, the individual defendant was criminally prosecuted under the Computer … Continue Reading

Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use

Conrad S. Kee from our Salt Lake City office and Cliff Atlas, co-chair of the firm’s non-compete practice group have written on the firm’s website about two new important laws in Utah, the Post-Employment Restrictions Act and the Computer Abuse and Data Recovery Act.… Continue Reading

Four Non-Compete and Confidentiality Agreement Issues to Watch in 2016

Jackson Lewis has prepared an end-of-the-year review of four non-compete and confidentiality issues to watch in 2016 on its website. Clifford R. Atlas, co-chair of the firm’s non-compete and unfair competition practice group, and attorney Puja Gupta from the firm’s Baltimore office, identify four developments to keep an eye on next year: 1. Enforceability of choice of … Continue Reading

Second Circuit Adopts Narrow Construction of Federal Computer Fraud Statute, Joins Circuit Split

Clifford R. Atlas and Ravindra K. Shaw of Jackson Lewis’s New York office have written on the firm’s website about a recent decision from the Second Circuit Court of Appeals applying the narrow definition of “exceeds authorized access” under the Computer Fraud and Abuse Act.  The case is United States v. Valle, 2015 U.S. App. … Continue Reading

Courts Reigning in What It Means to be a “Hacker” Under the Computer Fraud and Abuse Act

Jackson Lewis e-discovery guru Ralph Losey has posted an article about the Computer Fraud and Abuse Act (“CFAA”) on his e-discovery blog ediscoverylawtoday. Losey posits that more courts may be turning to the minority application of the CFAA as applying only to acts of unauthorized access, as opposed to unauthorized use. As he states in part: … Continue Reading

Either Way You Say it, It’s Unauthorized: Mass. Federal Court Declines to Dismiss CFAA Claim

On November 12, 2013, A court in the U.S. District Court for the District of Massachusetts issued a decision concerning the ongoing debate about the meaning of “exceeding authorized access” under the Computer Fraud and Abuse Act. Moca Systems, Inc. v. Bernier, No. 13-10738-LTS (D. Mass. Nov. 12, 2013). MOCA Systems, Inc. filed suit against its former … Continue Reading

Another New York Federal Court Narrowly Construes the Federal Computer Fraud and Abuse Act

When an executive search firm bought the goodwill and other assets of a similar firm and learned that the individual sellers took client lists and diverted business in violation of their non-compete agreements, it terminated the sellers’ employment and sued them and other third-party defendants for violating the Computer Fraud and Abuse Act (“CFAA”) as well … Continue Reading

LinkedIn Account at Center of Lawsuit

An executive in Pennsylvania who filed suit against her former employer over control of her LinkedIn account under the Computer Fraud and Abuse Act (“CFAA” or “Act”) had her CFAA claim dismissed as her lawsuit survived under alternative theories.  The decision granting partial summary judgment in Eagle v. Morgan, Civil Action No. 11-4303, (E.D. Pa. … Continue Reading
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