Leveraging Knowledge to Manage Your Data Risks
The controversy over what is a “computer crime” under the Computer Fraud and Abuse Act (CFAA) is now settled for New York, Connecticut, and Vermont. In a case we have been watching on the blog for months, United States v. Valle, the Second Circuit held that the CFAA should be read narrowly.
The Court…
The controversy over what is a “computer crime” under the Computer Fraud and Abuse Act (CFAA) is now settled for New York, Connecticut and Vermont. In a case we have been watching on the blog for months, United States v. Valle, the Second Circuit held that the CFAA should be read narrowly.
The…
When an employee has access to data for work, but the employee uses it for non-work purposes, is that a federal crime under the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030)? The answer depends on where you are.
Ninth Circuit & Fourth Circuit: No, It’s Not a Crime
In late August, the…
The FBI’s latest weapon in locating electronic evidence is not a computer program, it’s a dog. The FBI is using data-sniffing dogs in raids to cut down on the time it takes agents to locate small hidden data storage devices.
The FBI has used one such specially-trained dog, Bear, a number of raids to look…
The Computer Fraud and Abuse Act began as a federal criminal statute, but it has turned into an oft-used weapon in civil litigation. See U.S.C. § 1030, et seq. (CFAA). Now, criminal and civil litigants await the Second Circuit’s decision on what exactly the CFAA covers.
Looking at the statute’s plain language, the CFAA…
The 2014 Sony hack is again in the news, this time highlighting the threat that data breaches pose to the attorney-client privilege. On April 16, 2015, WikiLeaks announced that it had posted and indexed hacked Sony emails. Sony is now urging media outlets to be careful with the hacked emails that contain Sony’s attorney-client privilege…
