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...

Fourth Circuit Holds Google’s Keyword Advertising May Infringe Trademark By Michael Hoven – Edited by Abby Lauer Rosetta Stone Ltd. v. Google, Inc., No. 10-2007 (4th Cir. Apr. 9, 2012) Slip opinion The Fourth Circuit affirmed in part, vacated in part, and remanded to the Eastern District of Virginia, which had granted Google summary judgment in holding that Google was not liable on all trademark infringement and trademark dilution claims brought by plaintiff Rosetta Stone in 2009. The Fourth Circuit ... Read More...

District court holds that an advertisement-like salute to Michael Jordan is constitutionally protected free speech By Abby Lauer – Edited by Laura Fishwick Jordan v. Jewel Food Stores, Inc., 2012 WL 512584 (N.D. Ill., Feb. 15, 2012) Slip Opinion (hosted by Justia.com) The Northern District of Illinois has ruled that a national grocery store chain’s reference to basketball superstar Michael Jordan in a page published in a commemorative issue of Sports Illustrated is constitutionally protected free speech. The court has ... Read More...

Megaupload.com indicted by Department of Justice By Daniella Adler – Edited by Abby Lauer U.S. v. Kim Dotcom et al., 1:12-cr-3 (E.D. Va.) Indictment The Department of Justice recently brought a criminal indictment against Megaupload.com and related websites in the Eastern District of Virginia on three different counts of copyright infringement as well as money laundering and racketeering. The indictment calls the operators of Megaupload.com and its environs the “Mega-Conspiracy” and describes it as a “worldwide criminal organization.” The government ... Read More...

District Court Holds that Defendant Cannot Refuse to Decrypt Hard Drive under Fifth Amendment By Brittany Horth – Edited by Abby Lauer U.S. v. Fricosu, No. 10-CR-00509 (D. Colo. Jan. 23, 2012) Slip Opinion hosted by Internet Cases Judge Robert E. Blackburn of the United States District Court for the District of Colorado granted the government’s motion to compel Ramona Camelia Fricosu to provide an unencrypted copy of her hard drive for evidentiary purposes. The court considered whether the act ... Read More...