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Results: 11-20 of 70

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


Register of copyrights says "who knows?" on ownership of computer program copies
  • Proskauer Rose LLP
  • USA
  • August 5 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?


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


No reasonable expectation of privacy in contents of shared folder accessible via unsecured wireless router
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A defendant had no reasonable expectation of privacy in the contents of a shared folder that was accessible via an unsecured wireless router to which his computer was connected, a district court ruled


Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled


ECPA not applicable to ISP's alleged disclosure of communications to foreign government
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled


Two circuit courts counter the Ninth Circuit on plain view exception to warrant requirement in computer searches
  • Proskauer Rose LLP
  • USA
  • April 14 2010

In United States v. Comprehensive Drug Testing, Inc. (9th Cir. Aug. 26, 2009), the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, limited the scope of searches for digital evidence by defining a set of procedures to be followed by law enforcement in requesting and executing such searches


Jury picked and trial commences in SCO v. Novell UNIX code copyright ownership dispute
  • Proskauer Rose LLP
  • USA
  • March 10 2010

The back story to the dispute between The SCO Group and Novell, Inc., over the ownership of copyrights to UNIX source code is lengthy indeed


No expansion of CFAA liability for monetary exploit of software bug
  • Proskauer Rose LLP
  • USA
  • November 13 2013

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable "Bank Error in Your Favor, Collect $200&Prime


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