X Corp (formerly Twitter) has cracked down on data scrapers in a series of lawsuits filed within the last several weeks. One lawsuit targets an Israel-based research firm that provides commercial data scraping, called Bright Data, for alleged unjust enrichment. Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping
Computer Fraud and Abuse Act
Second Circuit Upholds Conviction Under the CFAA, Rejecting Argument That the Law Is Unconstitutional
By Jean Tomasco on
Posted in Enforcement + Litigation
In a recent decision, the federal Court of Appeals for the Second Circuit (which covers New York, Connecticut, and Vermont) affirmed the conviction of an Italian citizen for misdemeanor computer intrusion in violation of the Computer Fraud and Abuse Act of 1986 (CFAA). The decision is noteworthy in that, among other things, the Second Circuit…
SCOTUS upholds Computer Fraud and Abuse Act conviction
By Linn Foster Freedman on
Posted in Enforcement + Litigation
The Supreme Court of the United States held on January 25, 2016, that an executive of a shipping company who hacked into his former employer’s computer system after he left the company was guilty under the Computer Fraud and Abuse Act (CFAA), despite the fact that the jury instructions were faulty.
The executive left his…
Feds focus on damage to computers as basis for Computer Fraud and Abuse Act prosecution
By Kelly Sweeney on
Posted in Enforcement + Litigation
Last week, a federal judge sentenced Yijia Zhang, a computer systems manager, to 31 months in federal prison for transferring thousands of his employer’s electronic files to European storage sites. The case highlights the potential power of an overlooked clause of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030.
The prosecution was…
Computer fraud and abuse act update: Second Circuit sides with a narrower reading
By Kelly Sweeney on
Posted in Enforcement + Litigation
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…
Computer Fraud and Abuse Act Update: Second Circuit Sides with a Narrower Reading
By Kelly Sweeney on
Posted in Enforcement + Litigation
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…
What is a Federal Computer Crime? It depends where you are
By Kelly Sweeney on
Posted in Data Privacy, Enforcement + Litigation
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…
Ashley Madison data breach update
By Linn Foster Freedman on
Posted in Data Breach
Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen data and allowed the stolen data to be easily accessible and searchable (view related posts Aug. 27, Aug.