Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 11 Jan 2011
A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled.
Proskauer Rose LLP | USA | 11 Jan 2011
A programmer charged with stealing computer source code for a high-speed stock trading platform from his employer in order to benefit one of its competitors did not access the firm's computer network without authorization, or in excess of his authorization, within the meaning of the Computer Fraud and Abuse Act, a district court ruled.
Proskauer Rose LLP | USA | 11 Jan 2011
The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled.
Proskauer Rose LLP | USA | 11 Jan 2011
Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. § 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled.
Proskauer Rose LLP | USA | 11 Jan 2011
An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled.