Fourth Circuit Holds that Violating Employer’s Computer Use Restrictions Is Not a CFAA Violation By Andrew Crocker – Edited by Michael Hoven WEC Carolina Energy Solutions, LLC v. Miller, No. 11-1201 (4th Cir. Jul. 26, 2012) Slip opinion On July 26, the Court of Appeals for the Fourth Circuit affirmed the South Carolina District Court in holding that Willie Miller’s violation of his employer WEC’s use restrictions on its proprietary computer systems and information was not a violation of the ... Read More...
Archive for the ‘Computer Fraud and Abuse Act’ Category
Ninth Circuit Creates Circuit Split by Narrowly Construing the Computer Fraud and Abuse Act By Abby Lauer – Edited by Charlie Stiernberg United States v. Nosal, No. 10-10038 (9th Cir. April 10, 2012) Slip Opinion The Ninth Circuit affirmed the Northern District of California in an en banc decision construing the scope of the Computer Fraud and Abuse Act (“CFAA”). The court held that a person who violates an employer’s computer use policy is not criminally liable for federal penalties ... Read More...
By Geng Chen DOJ Defends Expansive Interpretation of Computer Fraud and Abuse Act NPR reports that Richard Downing, deputy chief of the Computer Crime and Intellectual Property Section at the Department of Justice, testified before a House Judiciary subcommittee on the DOJ’s proposal to broaden its reading of the Computer Fraud and Abuse Act (“CFAA”). An advance copy of Downing’s written statement, obtained by CNET, advocated for criminal prosecutions based on violations of Web sites’ “terms of service” policies or ... Read More...
Sixth Circuit Rules that High-Volume Phone and Email Campaign Violates Computer Fraud and Abuse Act By Michael Hoven – Edited by Abby Lauer Pulte Homes, Inc. v. Laborers’ Int’l Union of N. Am., Nos. 09-2245; 10-1673 (6th Cir. Aug. 2, 2011) Slip opinion The Sixth Circuit affirmed in part and reversed in part the United States District Court for the Eastern District of Michigan, which had granted the Laborers’ International Union of North America’s (“LIUNA”) motion to dismiss Pulte Homes’ ... Read More...
Sony Settles Lawsuit with PlayStation 3 Hacker By Vivian Tao – Edited by Chinh Vo Sony Computer Entm’t Am. v. Hotz, No. CV11-0167 (N.D. Cal. Apr. 11, 2011) Final Judgment hosted by Electronic Frontier Foundation On April 11, 2011, the United States District Court for the Northern District of California entered a final judgment for plaintiff Sony Computer Entertainment America (“Sony”), granting Sony a permanent injunction against defendant George Hotz. The injunction prevents Hotz, a notorious hacker, from engaging in any ... Read More...
