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Applying 9th Circuit LVRC v. Brekka ruling, district court dismisses most CFAA criminal charges in United States v. Nosal
  • Proskauer Rose LLP
  • USA
  • January 29 2010

The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite a few rulings over the last several years, and generated a circuit split last September with the Ninth Circuit decision in LVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009


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


Labor union e-mail campaign did not violate CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A labor union that posted a pre-addressed form e-mail on its Web site, enabling union supporters to e-mail an employer with a pro-union message with "the click of a few buttons," and that allegedly encouraged supporters to inundate the employer's e-mail system with messages, did not violate the federal Computer Fraud and Abuse Act, a district court ruled


No Fourth Amendment violation in government employer review of employee text messages
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A municipality did not violate an employee's privacy rights when it reviewed text messages on an employer-supplied pager in order to determine whether it was providing sufficient character limits to its employees under its contract with the wireless services provider, the U.S. Supreme Court ruled


There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking
  • Proskauer Rose LLP
  • USA
  • January 5 2012

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant


Ninth Circuit will rehear important employee data theft case under the Computer Fraud and Abuse Act
  • Proskauer Rose LLP
  • USA
  • November 1 2011

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal


Employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • 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


Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled


State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way
  • Proskauer Rose LLP
  • USA
  • June 29 2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party


Ninth Circuit panel says employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • April 29 2011

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that 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