Header graphic for print
New Media and Technology Law Blog

Category Archives: Computer Fraud and Abuse Act

Subscribe to Computer Fraud and Abuse Act RSS Feed

No Expansion of CFAA Liability for Monetary Exploit of Software Bug

Posted in Computer Fraud and Abuse Act, Software, Videogames

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200″ card.  By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was proper in the first place…or could lead to… Continue Reading

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

Posted in Computer Fraud and Abuse Act, Data Security

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. United States v. Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151 (9th Cir. Apr. 10, 2012).  The ruling… Continue Reading

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

Posted in Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the  appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer Fraud and Abuse Act for alleged employee theft of confidential data from an employer’s network for… Continue Reading

Ninth Circuit Panel Says Employee Violation of Employer Computer Use Policy Can Support CFAA Criminal Charge

Posted in Computer Fraud and Abuse Act

UPDATE: On October 27, 2011, the Ninth Circuit ordered a rehearing en banc in United States v. Nosal, see discussion here. *** 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… Continue Reading

Applying 9th Circuit LVRC v. Brekka Ruling, District Court Dismisses Most CFAA Criminal Charges in United States v. Nosal

Posted in Computer Fraud and Abuse Act

UPDATE: As discussed in this blog post, a panel of the U.S. Court of Appeals for the Ninth Circuit overruled the district court in United States v. Nosal (9th Cir. Apr. 28, 2011). ******** The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite… Continue Reading

Citing Plain Language of the Computer Fraud and Abuse Act, Ninth Circuit Rules Employee’s Disloyal Act Does Not Terminate Authorization to Access Employer’s Computer

Posted in Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act, 18 U.S.C. §1030, criminalizes access to a computer that is either “"without authorization"” or that "“exceed[s] authorized access,"” and provides a civil right of action for violations as well. In the last several years, a split has developed in the federal courts on the question of whether an… Continue Reading