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Warrant required for delayed search of laptop seized at border
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
While the search of a laptop computer at a border crossing did not require a search warrant, one of two subsequent warrantless searches of the laptop after it was seized by law enforcement officials violated the Fourth Amendment, a district court ruled
No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit ruled
Computer file extension functional, therefore not protectable as trademark
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled
Damage, impairment or interruption of service required to show compensable loss under CFAA
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held
U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act
Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled
Expectation of privacy in computer files negated by P2P user's failure to engage program privacy feature
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A federal agent's access to a user's computer via a peer-to-peer file-sharing program did not violate the Fourth Amendment, because the user's expectation of privacy in the contents of his computer was negated by his failure properly to engage the privacy features in the program, the U.S. Court of Appeals for the Ninth Circuit ruled
Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled
Employee access to computer network in furtherance of criminal fraud “exceeds authorized access” under CFAA
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
An employee who accessed financial data on her employer's computer network in violation of official policy in order to perpetrate a criminal scheme exceeded her authorized access to the network within the meaning of the Computer Fraud and Abuse Act, the U.S. Court of Appeals for the Fifth Circuit ruled
No reasonable expectation of privacy in contents of shared folder accessible via unsecured wireless router
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
A defendant had no reasonable expectation of privacy in the contents of a shared folder that was accessible via an unsecured wireless router to which his computer was connected, a district court ruled
Current Search
- Jurisdiction - USA
- Workarea - Information Technology
- Workarea - Litigation
- Author - Jeff Neuburger
- Author - Kristen J Mathews