The U.S. District Court for the Northern District of California, granted HiQ’s motion for preliminary injunction, prohibiting LinkedIn from changing its access code to block HiQ’s efforts to scrape data from the LinkedIn website to gather employment data. HIQ Labs, Inc. v. … [Read more...] about Scraping Publicly Available Data Does Not, in a Preliminary Injunction Setting, Violate CFAA
Unauthorized Email Access by High-Level Manager, While Employed, Violates Computer Fraud and Abuse Act (CFAA)
The Eleventh Circuit Court of Appeals held that a high level manager, with an “honorary” title of president, while employed by a furniture manufacturer, violated the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, when he accessed, without authorization, other … [Read more...] about Unauthorized Email Access by High-Level Manager, While Employed, Violates Computer Fraud and Abuse Act (CFAA)
Ex-Employee Access to Password Protected Computer Violates CFAA
In a second round with the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, Defendant David Nosal’s conviction was affirmed by the Ninth Circuit Court of Appeals because he obtained access credentials (passwords) for his former employer, Korn/Ferry’s, database from his … [Read more...] about Ex-Employee Access to Password Protected Computer Violates CFAA
Academics Seek to Declare Portions of the CFAA Unconstitutional
A group of professors, academics and a media company, through representation by the ACLU, has filed a lawsuit against the U.S. Government seeking to declare the “exceeds authorized access” portions of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. §1030(a)(2)(C), … [Read more...] about Academics Seek to Declare Portions of the CFAA Unconstitutional
Some “Terms of Service” are not Contractually Binding
A U.S. District Court held that terms of service (TOS) only identified as a hyperlink above a signature line in a contract provided electronically to a business customer, which contract required a signature on a printed version of the contract, did not incorporate the terms of … [Read more...] about Some “Terms of Service” are not Contractually Binding
Law Review Article on Employee’s Computer Hacking – A Bag of Mixed Results
In 2012, several federal courts of appeals issued conflicting opinions over the scope and meaning of the Federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), particularly as it relates to employees hacking into and taking, without authority, employer’s confidential … [Read more...] about Law Review Article on Employee’s Computer Hacking – A Bag of Mixed Results
