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High court may rule on computer law question

Dorsey & Whitney LLP
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USA
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September 28 2012

At issue is whether the Computer Fraud and Abuse Act applies to data theft by employees; the circuits are split

The 9th Circuit: employees are free to steal from the company computers

Dorsey & Whitney LLP
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USA
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April 11 2012

Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the predicate for a violation of the federal computer crime statute, the Computer Fraud and Abuse Act (“CFAA”), Title 18, U.S. C. 1030

Holding passwords hostage international extortion foiled

Dorsey & Whitney LLP
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USA
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January 19 2012

In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into the company’s computer system, changed access codes and passwords, and locked out the company and its customers from getting into its enterprise content management software

U.S. v. Nosal re-argued before the 9th Circuit

Dorsey & Whitney LLP
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USA
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December 19 2011

On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011

Suing employees for computer fraud gets easier

Dorsey & Whitney LLP
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USA
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November 7 2011

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to protect competitively sensitive data and personal information stored in company computers

9th Circuit grants rehearing en banc on Nosal

Dorsey & Whitney LLP
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USA
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October 28 2011

On October 27, 2011, the 9th Circuit Court of Appeals ordered that U.S. v. Nosal be reheard en banc by all of the Appeals Court judges and that the “three-judge panel opinion in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011) shall not be cited as precedent by or to any court of the Ninth Circuit”

Will News Corp. executives and reporters be charged with criminal violations of the Computer Fraud and Abuse Act?

Dorsey & Whitney LLP
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USA
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July 22 2011

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 Protection Act, 18 U.S.C. 1039

9th Circuit clarifies Brekka: employees can be criminally prosecuted for violating their employer’s computer policies

Dorsey & Whitney LLP
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USA
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April 29 2011

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."

How not to investigate a suspected data theft

Dorsey & Whitney LLP
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USA
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March 16 2011

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed

Sex crimes, cell phones and the Computer Fraud and Abuse Act

Dorsey & Whitney LLP
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USA
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February 18 2011

If anyone deserves a longer sentence, it is a sex offender who victimizes minors