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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

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

France continues to limit workplace privacy protections

Steptoe & Johnson LLP
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France
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May 26 2012

France’s highest appeals court has again narrowed the scope of employees’ privacy rights in the workplace

French court narrows the scope of workplace privacy

Steptoe & Johnson LLP
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France
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May 19 2012

The Bordeaux Court of Appeals in France has ruled, in Pierre B. v. Epsilon Composite, that a company was justified in reviewing emails sent by an employee using a workplace computer, since the employee had not identified the messages as personal

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

Court allows recovery of lost business and investigation costs under CFAA

Steptoe & Johnson LLP
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USA
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September 15 2011

According to a recent decision, Mobil Mark, Inc., v. Paskosz, prospective plaintiffs worried that they cannot show sufficient damage or losses to state a civil claim under the Computer Fraud and Abuse Act (CFAA) should simply hire an expensive investigator