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Archive for the ‘Cyberlaw’ Category

Second Circuit Holds that Goldman Sachs’s Proprietary Source Code Is Intangible Property under the NSPA By Laura Fishwick – Edited by Lauren Henry United States v. Aleynikov, No. 11-1126, 2012 WL 1193611 (April 11, 2012). Slip Opinion The Second Circuit reversed the holding of the District Court of the Southern District of New York, and found that source code is not a good, ware, or merchandise under the National Stolen Property Act (“NSPA”), a criminal statute that applies to anyone ... Read More...
Posted On Apr - 19 - 2012 Comments Off READ FULL POST
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...
Posted On Apr - 18 - 2012 1 Comment READ FULL POST
The Northern District of Illinois Denies Motion to Compel for Subpoenas Seeking Non-Party IP Address Information By Dorothy Du – Edited by Julie Dorais Pacific Century International, Ltd. v. John Does 1-37, No. 12 C 1057 (N.D. Ill. March 30, 2012) Slip opinion The U.S. District Court for the Northern District of Illinois granted in part and denied in part plaintiffs’ motion to compel ISPs’ compliance with subpoenas for identifying information associated with IP addresses in a copyright infringement action ... Read More...
Posted On Apr - 9 - 2012 Comments Off READ FULL POST
New Information about Carrier IQ Software Sparks Concerns that Wireless Carriers Have Violated Federal Anti-Wiretapping Laws By Abby Lauer – Edited by Michael Hoven Last month, a security researcher from Connecticut published information about a software program installed on some mobile smartphones that may be surreptitiously collecting data about how the phones are used. The software, called Carrier IQ and manufactured by a company of the same name, has been described as hard to detect, hard to remove, and programmed ... Read More...
Posted On Dec - 14 - 2011 Comments Off READ FULL POST
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...
Posted On Nov - 21 - 2011 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...