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 | 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
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.
Proskauer Rose LLP | USA | 29 Jul 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.
Proskauer Rose LLP | USA | 29 Jul 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.
Proskauer Rose LLP | USA | 14 Apr 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.
Proskauer Rose LLP | USA | 14 Apr 2010
The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act.
Proskauer Rose LLP | USA | 14 Apr 2010
The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceed[ed] authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled.