Employee Computer HackingOn June 3, 2021, the U.S. Supreme Court issued a ruling that significantly limits the “exceeds authorized access” clause of the Federal anti-hacking statute called the Computer Fraud and Abuse Act of 1986 (CFAA). Here is a copy of the opinion (Van Buren v U.S.)

Why the CFAA Opinion Matters:

Without proper planning, this ruling

Data mining LinkedIn profilesA Federal Judge recently blocked LinkedIn from restricting another company from using data from LinkedIn’s website. The suit involves Linkedin and hiQ Labs, Inc. The suit also has significant ramifications for job-seekers and employers. See LinkedIn Profiles Used to Alert Employers Which Employees are Job-Hunting.

hiQ Labs Business Depends Upon Access to LinkedIn Profiles

hiQ

Data BreachA former employee’s accessing a Google Drive he set up for his employer may result in a violation of the federal Computer Fraud and Abuse Act (CFAA). This case also serves as a reminder to carefully evaluate how your company uses any third-party services like Dropbox, Google Drive, etc.

Computer Fraud and Abuse Act Background

While it is far from settled, the trend under the Federal Computer Fraud and Abuse Act continues towards narrowing the application of the CFAA in the context of the employer/employee relationship.

Specifically, a federal district court in Colorado concluded that the federal computer fraud statute was not violated by departing employees and contractors who, during

Computer Crime HandcuffsOne of the more noteworthy employer/employee trade-secret misappropriation and Computer Fraud and Abuse Act  (CFAA) cases came to an end earlier this week. Specifically, Mr. David Nosal wa sentenced on January 8, 2014 to one year and one day in prison. He was convicted for misappropriating his former employer’s trade secrets and improperly accessing the

Security Padlock.jpgThe California based law firm Littler Mendelson’s Unfair Competition and Trade Secrets Practice Group discussed a recent dismissal of a Computer Fraud and Abuse Act claim brought by a company against its former employee.

The case, Ajuba International, L.L.C. v. Saharia (PDF), involved the U.S. federal court for the Eastern District of Michigan rejecting

Security_Computer_Laptop in Chain.jpegPreviously this blog outlined the various approaches Courts have taken to applying the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. 1030, to workplace misuse of employer provided computer resources.

A recent opinion from the Ninth Circuit Court of Appeals, however, seriously limits the applicability of the CFAA to the employer/employee relationship and challenges other

Fingerprint shackle.jpgA recent article in the Wall Street Journal, As Criminal Laws Proliferate, More Ensnared (Gary Fields and John Emshwiller), details the increasing number of federal criminal statutes and federal prosecutions – a threefold increase over the last 30 years. The article attributes – in part – this upward spiral to the criminalization of issues generally

Social Media (2).jpgComputer Fraud and Abuse Act Claim (CFAA) against a former employee based on “excessive Internet usage,” including visiting Facebook was recently dismissed by a Federal District Court in Florida. 

Specifically, in Lee v. PMSI, Inc., the former employer claimed Wendi Lee, engaged in “excessive Internet usage” and visited “personal websites such as Facebook” and