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District Court finds way around 9th Circuit’s limit on CFAA liability

Steptoe & Johnson LLP
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USA
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March 30 2013

A federal district court in California has added another twist to the long-running saga of U.S. v. Nosal, holding that former employees could be

Whose law governs communication intercepts?

Steptoe & Johnson LLP
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USA
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January 26 2013

The law governing the interception of customer or employee communications is only getting more muddled. Not only do different states have different

Michigan bans nosy employers

Steptoe & Johnson LLP
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USA
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January 12 2013

Last month, Michigan enacted Public Act 478 of 2012 to become the latest state to bar employers and educational institutions from requiring, or even

Court orders claimants to produce passwords in civil lawsuit

Steptoe & Johnson LLP
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USA
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December 1 2012

A federal magistrate in Colorado, in Equal Employment Opportunity Commission (EEOC) v. The Original Honeybaked Ham Company of Georgia, Inc., has ordered the claimants in an employment discrimination suit to provide a special master with their social media and email passwords so that the master could gather discoverable information from their social media and email accounts

Canada extends privacy protection to work-issued equipment

Steptoe & Johnson LLP
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Canada
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November 3 2012

The Supreme Court of Canada has held, in The Queen v. Cole, that employees have a reasonable expectation of privacy in personal information contained on a work-issued computer when personal use of that computer is permitted or reasonably expected, even if the employer’s policy warns that they have no privacy

When in France, don’t tie yourself up

Steptoe & Johnson LLP
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France
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October 6 2012

French companies looking to monitor their employees’ communications should make sure they haven’t unwittingly restricted themselves more than the law requires

Fourth Circuit holds that violation of computer use policy does not give rise to CFFA claim

Steptoe & Johnson LLP
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USA
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August 11 2012

The Fourth Circuit has joined the Ninth (in U.S. v. Nosal) in holding that a company cannot bring a claim under the Computer Fraud and Abuse Act (CFAA) against an employee who downloaded company information and then used it to aid the company’s competitor

Denmark approves use of microsoft cloud service

Steptoe & Johnson LLP
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Denmark
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August 11 2012

Denmark has approved a Danish institution’s request to use a U.S.-based cloud computing solution for the processing of its employees’ personal data

Ninth Circuit gives okay to procrastinators and exaggerators -- and thieving employees

Steptoe & Johnson LLP
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USA
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April 14 2012

The Ninth Circuit, in an April 10 en banc decision, held that the Computer Fraud and Abuse Act (CFAA) does not prohibit the violation of an employer’s computer use policy or a website’s terms of service unless the violation involves what the court called “hacking.”

Source code can’t be stolen. Say what?

Steptoe & Johnson LLP
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USA
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April 14 2012

Employers and technology companies may not have felt it yet, but they’ve just taken a left hook to the head and a right upper cut to the chin from the federal courts