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Different strokes: interpreting Computer Fraud and Abuse Act
- Morvillo Abramowitz Grand Iason & Anello PC
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- USA
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- September 4 2012
Originally enacted in 1984 to address the growing problem of computer hacking, the Computer Fraud and Abuse Act has been used to prosecute a wide variety of behavior, such as the violation of a non-compete agreement by a former employee, the leak of classified government materials, and cyber-bullying
Second Circuit reverses convictions in data-theft prosecution and narrowly interprets federal criminal statutes with important intellectual property implications
- Foley Hoag LLP
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- USA
- -
- April 21 2012
In February 2012, following oral argument, the U.S. Court of Appeals for the Second Circuit issued a brief order reversing Sergey Aleynikov’s convictions for violating the National Stolen Property Act, 18 U.S.C. 2314 (“NSPA”), and the Economic Espionage Act, 18 U.S.C. 1832(b) (“EEA”), and stating a longer opinion would follow
Employees may have committed a crime by violating employer’s computer use policy
- Proskauer Rose LLP
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- USA
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- May 11 2011
In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of KornFerry International) and his accomplices (also from KornFerry) as a result of their obtaining information from their employer’s computer system for the purpose of defrauding KornFerry and helping Nosal set up a competing business
Employee violation of employer computer use policy can support CFAA criminal charge
- Proskauer Rose LLP
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- 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
The Federal Computer Fraud and Abuse Act is back in play for employer suits against dishonest employees in the Ninth Circuit
- Seyfarth Shaw LLP
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- USA
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- May 2 2011
On April 28, 2011, the Ninth Circuit Court of Appeals held in an important decision upholding legal protections for employer data that employees may be held liable under the federal Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) in cases where employees steal or remove electronic files or data in violation of their employers' written computer-use restrictions
9th Circuit clarifies Brekka: employees can be criminally prosecuted for violating their employer’s computer policies
- Dorsey & Whitney LLP
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- USA
- -
- 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."
Can you rely on your corporate computer policies to sue ex-employees who steal company data?
- Dorsey & Whitney LLP
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- USA
- -
- 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
Disgruntled employee lacked criminal intent to be sued for a civil violation of the Computer Fraud and Abuse Act
- Dorsey & Whitney LLP
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- USA
- -
- October 29 2010
While the federal Computer Fraud and Abuse Act ("CFAA") permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the fact that the CFAA is at its core a criminal statute
Computer Fraud and Abuse Act count dismissed against Goldman Sachs computer programmer charged with stealing source code
- Dorsey & Whitney LLP
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- USA
- -
- September 13 2010
A New York federal Judge dismissed the Computer Fraud and Abuse Act ("CFAA") count charging Sergey Aleynikov, a former computer programmer for Goldman Sachs & Co
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
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