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
Tag Archives: CFAA
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 ActThe 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
Facebook Takes a Page from Ticketmaster’s Playbook: Block Unauthorized Web Site Access with Carefully Drafted Terms of Use
Posted in Contracts, CopyrightIn 2007, Ticketmaster brought a multi-count complaint against RMG Technologies, a software company that supplied ticket brokers with software that enabled them to automatically and rapidly access Ticketmaster’s Web site, to the detriment of ordinary users seeking tickets to popular events. The Ticketmaster v. RMG complaint was notable for stating a series of claims that… Continue Reading