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No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled
Employee violation of employer computer use policy can support CFAA criminal charge
- Proskauer Rose LLP
- -
- USA
- -
- 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
Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled
Cost of credit monitoring for victims of data security breach constitutes loss under CFAA
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled
No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled
Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled
Programmer's computer access to steal employer's stock trading code not "unauthorized" under CFAA
- Proskauer Rose LLP
- -
- USA
- -
- 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
- -
- USA
- -
- 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
Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled
Law enforcement may obtain historical cell site data without warrant
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled
Current Search
- Jurisdiction - USA
- Workarea - Information Technology
- Workarea - Litigation
- Author - Jeff Neuburger
- Author - Kristen J Mathews