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Results: 11-20 of 71

Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense
  • Proskauer Rose LLP
  • USA
  • April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy


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


No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Cost of credit monitoring for victims of data security breach constitutes loss under CFAA
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled


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


Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled


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


No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district 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


Novell prevails in jury trial on ownership of UNIX copyrights
  • Proskauer Rose LLP
  • USA
  • March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon