Archive for the ‘Computer Crime’ Category

Alleged voyeur boss cannot pursue Computer Fraud and Abuse Act claim

Bashaw v. Johnson, 2012 WL 1623483 (D.Kan. May 9, 2012) Some employees filed suit after they learned that their boss — who required them to wear skirts to work — allegedly installed the Cam-u-flage video surveillance app on his iPhone and iPad to surreptitiously capture upskirt shots of plaintiffs at work. The boss filed a [...]

Video: This Week in Law Episode 150

Had a great time hosting This Week in Law Episode 150, which we recorded on February 24. (Thanks to Denise Howell for handing over the hosting reins while she was off for the week.) It was a really fun conversation with three very smart panelists — Mike Godwin, Greg Sergienko and Jonathan Frieden. We talked [...]

No restraining order against uncle posting family photos on Facebook

Court refuses to consider common law invasion of privacy tort to support restraining order under Minnesota statute. Olson v. LaBrie, 2012 WL 426585 (Minn. App. February 13, 2012) Appellant sought a restraining order against his uncle, saying that his uncle engaged in harassment by posting family photos of appellant (including one of him in front [...]

Are nonpirate Megaupload users entitled to compensation from the government?

If I left my coat in a taxi that was later impounded because, unknown to me, the driver was transporting heroin in the trunk, would I be left out in the cold? People who used Megaupload to lawfully store and transfer files are rightfully upset that their stuff is unavailable after last week’s raid. Some [...]

Ordering defendant to decrypt hard drive did not violate her Fifth Amendment rights

U.S. v. Fricosu, 10-CR-00509 (D. Colo. January 23, 2012) Pursuant to a warrant, federal agents seized defendant’s laptop from her home. When investigators turned it on, they saw the hard drive’s contents were encrypted using PGP Desktop. Defendant would not voluntarily turn over the password to decrypt the drive, so the Government filed an application [...]

Video: my appearance on the news talking about isanyoneup.com

Last night I appeared in a piece that aired on the 9 o’clock news here in Chicago, talking about the legal issues surrounding isanyoneup.com. (That site is definitely NSFW and I’m not linking to it because it doesn’t deserve the page rank help.) The site presents some interesting legal questions, like whether and to what [...]

Impostor bids in online auction sufficient allegation of interrupted service under CFAA

Yoder v. Equipmentfacts, 2011 WL 2433504 (N.D.Ohio June 14, 2011) [This is a post by Jackson Cooper. Jackson graduated from DePaul University College of Law in May 2011 with a certificate in intellectual property and information technology law. Jackson also recently passed the Kentucky bar exam and will begin practicing soon. You can find him [...]

Court sides with college accused of snooping on student’s email

Reichert v. Elizabethtown College, 2011 WL 3438318 (E.D.Pa. August 5, 2011) Plaintiff’s threatening behavior toward certain faculty members of his college led the administration to monitor plaintiff’s school-issued email account. Plaintiff’s lawsuit against the school included claims for violation of the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), and common law invasion [...]

Computer Fraud and Abuse Act case against hard drive destroying director goes forward

Deloitte & Touche LLP v. Carlson, 2011 WL 2923865 (N.D. Ill. July 18, 2011) Defendant had risen to the level of Director of a large consulting and professional services firm. (There is some irony here – this case involves the destruction of electronic data, and defendant had been in charge of the firm’s security and [...]

Court upholds criminal intimidation conviction over threats to distribute sexually explicit photo

State v. Noll, 2011 WL 2418895 (Ind. App. June 14, 2011) (Not selected for publication) Defendant used a sexually explicit photo of the victim in an attempt to gain leverage in an intra-family dispute. She handed an envelope containing the photo to the victim, and indicated she would begin distributing the photo if certain demands [...]

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