Posts filtered by tags: Computer Crime[x]


 

How Section 230 might not help Amazon in the Parler lawsuit

Parler sued Amazon [PDF of complaint] yesterday alleging three things: antitrust violations, breach of contract and tortious interference. Each of these claims relates to Amazon’s decision to kick Parler off of AWS servers. To use Section 230’s language, Amazon took action to “restrict access to or availability of material.” That language comes from Section 230(c)(2), which reads more fully as: No provider . . . of an interactive computer service shall be held liable on account of . . . any acti...
Tags: Amazon, Law, Chicago, Computer Fraud and Abuse Act, Ninth Circuit, Said, CFAA, Evan Brown, Section 230, Parler, Malwarebytes Inc, Computer Crime, Enigma Software Group USA LLC


Can you violate the CFAA by deleting data on your own computer?

The Computer Fraud and Abuse Act (CFAA) has a provision that makes it unlawful to “knowingly cause the transmission of a program, information, code, or command, and as a result of such conduct, intentionally cause damage without authorization, to a protected computer.” Can a person violate that provision of the CFAA by deleting data on his or her own computer? A recent federal case answered that question. Plaintiff sued its former chief technology officer under the CFAA after it learned ...
Tags: Law, Chicago, Computer Fraud and Abuse Act, CFAA, Evan Brown, Cabral, Brekka, Citrin, Computer Crime, Airport Ctrs LLC, LVRC Holdings LLC, New Touch Digital Inc


Click fraud might violate CFAA

Click fraud is a problem in online advertising and in situations where companies and advertisers use publishers to promote their content. A federal court in Delaware recently addressed this problem.  Plaintiff job search engine sued one of its former “publishing partners” and its owners. Defendants sent out email messages with links to job search results. Plaintiff paid defendants on a “pay-per-click” basis – a certain amount each time someone clicked on one of the links. The Alle...
Tags: Facebook, Law, Fraud, Delaware, Contracts, Usc, Computer Fraud, CFAA, Click Fraud, Computer Crime, CollegeSource Inc, AcademyOne Inc, Juju Inc, Native Media LLC


How companies can use their trademarks to combat COVID-19-related phishing

Straightforward out-of-court domain name proceeding can provide efficient relief against fraudulent websites and email. Google has seen a steep rise amid the Coronavirus pandemic in new websites set up to engage in phishing (i.e. fraudulent attempts to obtain sensitive information such as usernames, passwords and financial details). Companies in all industries – not just the financial sector – are at risk from this nefarious practice. But one relatively simple out-of-court proceeding may prov...
Tags: Google, Law, Phishing, Trademarks, Arbitration, World Intellectual Property Organization WIPO, Cybersquatting, Computer Crime, Domains By Proxy LLC Christopher Orientale NA WIPO


Facebook hacking that causes emotional distress – does the CFAA provide recovery?

A recent federal case from Virginia provides information on the types of “losses” that are actionable under the federal anti-hacking statute, the Computer Fraud and Abuse Act (“CFAA”). Underlying facts Plaintiff worked as a campaign manager, communications director and private sector employee of a Virginia state legislator. While plaintiff was in the hospital, defendant allegedly, without authorization, accessed plaintiff’s Facebook, Gmail and Google Docs accounts, and tried to acces...
Tags: Facebook, Law, Virginia, Hacking, Google Docs, Wells Fargo, Facebook privacy, CFAA, Hains, Facebook Gmail, Computer Crime


Can a person bring a Computer Fraud and Abuse Act claim over unauthorized access to someone else’s computer?

Federal agents served a search warrant on plaintiff’s doctor’s office and thereby obtained access to plaintiff’s medical records, which were shared with a number of other parties involved in the criminal investigation of plaintiff’s doctor. Plaintiff sued under the Computer Fraud and Abuse Act (CFAA). Defendants moved to dismiss that claim. The court granted the motion. The CFAA prohibits unauthorized access to a “protected computer”. In dismissing the case, the court found, among other thi...
Tags: Law, Chicago, Michigan, Nichols, Evan, Plaintiff, CFAA, Evan Brown, Computer Crime


Case shows the surprising narrowness of a key hacking statute definition

Plaintiff sued defendant for violation of the Computer Fraud and Abuse Act (“CFAA”). For almost 20 years, defendant had worked for a company that developed plaintiff’s proprietary software system. In this capacity, defendant had access to plaintiff’s customer database, accounting system and other confidential information. After leaving the work he was performing for plaintiff, defendant founded his own competing venture.  Defendant moved to dismiss the CFAA claim. The court granted the m...
Tags: Law, Washington, United States, Hacking, Computer Fraud and Abuse Act, Ninth Circuit, Nguyen, Nosal, CFAA, Seventh Circuit, Citrin, Computer Crime, Cir 2006 Regal West Corporation


Sony’s EULA did not protect it from liability under CFAA and for trespass to chattel

Plaintiff filed a class action lawsuit against Sony after Sony issued a software update that bricked plaintiff’s Sony Dash. Sony moved to dismiss for failure to state a claim. The court granted the motion on a number of claims but allowed the Computer Fraud and Abuse Act (CFAA) and trespass to chattel claims to move forward. CFAA Claim Sony had argued that the CFAA claim should fail because plaintiff had not alleged the software update was “without authorization,” given the language of ...
Tags: Apple, Law, New Jersey, Sony, Contracts, Jones, Eula, Apple Sony, CFAA, Arcand, Computer Crime, Bricking, Trespass To Chattel, Sony Dash Sony, CFAA Claim Sony, Brother Int ' l Corp


Police not required to publicly disclose how they monitor social media accounts in investigations

In the same week that news has broken about how Amazon is assisting police departments with facial recognition technology, here is a decision from a Pennsylvania court that held police do not have to turn over details to the public about how they monitor social media accounts in investigations. The ACLU sought a copy under Pennsylvania’s Right-to-Know Law of the policies and procedures of the Pennsylvania State Police (PSP) for personnel when using social media monitoring software. The PSP produ...
Tags: Amazon, Law, Police, Social Media, Chicago, Pennsylvania, Aclu, Governance, Investigation, American Civil Liberties Union, Pennsylvania State Police, Evan, PSP, Office of Open Records, Evan Brown, Commonwealth Court of Pennsylvania