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State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way

Proskauer Rose LLP
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USA
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June 29 2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party

Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense

Proskauer Rose LLP
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USA
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April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy

There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking

Proskauer Rose LLP
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USA
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January 5 2012

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant

Who owns an employee's Twitter and other online accounts?

Proskauer Rose LLP
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USA
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December 8 2011

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors

Ninth Circuit will rehear important employee data theft case under the Computer Fraud and Abuse Act

Proskauer Rose LLP
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USA
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November 1 2011

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal

Employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
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USA
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May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media

Proskauer Rose LLP
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USA
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May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled

Ninth Circuit panel says employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
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USA
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April 29 2011

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act

Programmer's computer access to steal employer's stock trading code not "unauthorized" under CFAA

Proskauer Rose LLP
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USA
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January 11 2011

A programmer charged with stealing computer source code for a high-speed stock trading platform from his employer in order to benefit one of its competitors did not access the firm's computer network without authorization, or in excess of his authorization, within the meaning of the Computer Fraud and Abuse Act, a district court ruled

Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act

Proskauer Rose LLP
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USA
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January 11 2011

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled

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