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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

Think you own your LinkedIn, Twitter and Facebook account? Think again

Dorsey & Whitney LLP
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USA
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January 3 2012

You may not, as reflected in the recently reported decision of Eagle v. Morgan, 2011 WL 6739448 (E.D. Pa. December 22, 2011) where both the employee and her former employer claim ownership in the employee’s LinkedIn account, the popular social networking site for business professionals

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

Can a labour union be sued under the Computer Fraud and Abuse Act for spamming an employer's voice and email systems?

Dorsey & Whitney LLP
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USA
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August 8 2011

The answer is yes

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."

The 11th Circuit rejects Brekka and provides guidance on pursuing ex-employees who steal from company computers

Dorsey & Whitney LLP
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USA
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December 30 2010

This week the 11th Circuit upheld the Computer Fraud and Abuse Act ("CFAA") conviction and one-year prison sentence of a former Social Security Administration ("SSA") employee who accessed the agency's computer for non-business reasons

Can you rely on your corporate computer policies to sue ex-employees who steal company data?

Dorsey & Whitney LLP
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USA
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December 21 2010

Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer Fraud and Abuse Act ("CFAA"), the federal computer crime statute