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 [...]
Posts Tagged ‘cfaa’
ISP’s alleged throttling of BitTorrent and Skype violates Computer Fraud and Abuse Act
September 14th, 2011
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Fink v. Time Warner Cable, 2011 WL 3962607 (S.D.N.Y. September 7, 2011) Plaintiffs sued Time Warner (the provider of Road Runner High Speed Online internet access), alleging, among other things, that Time Warner’s alleged “throttling” of plaintiffs’ internet communications violated the Computer Fraud and Abuse Act, 18 USC 1030 (“CFAA”). Specifically, plaintiffs alleged that without [...]
Lost sales were not “loss” under the Computer Fraud and Abuse Act
September 5th, 2011
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CustomGuide v. CareerBuilder, LLC, 2011 WL 3809768 (N.D.Ill. August 24, 2011) Plaintiff and defendant had discussed a licensing arrangement whereby defendant would provide certain of plaintiff’s materials online. The parties never entered into that agreement. But plaintiff claimed that defendant went ahead and accessed the materials stored on plaintiff’s computer system, and thereby caused plaintiff [...]
Computer Fraud and Abuse Act case against hard drive destroying director goes forward
July 27th, 2011
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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 [...]
CFAA violation where employee’s access to work computer violated fiduciary duty to employer
May 26th, 2011
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Plaintiff former employer sued defendant former employee for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030, alleging that defendant, while still in the employ of plaintiff, accessed confidential business information and destroyed other important data. Defendant moved to dismiss the CFAA claim. The court denied the motion. Defendant had argued that the [...]
Employee did not violate Computer Fraud and Abuse Act by checking Facebook and personal email at work
May 11th, 2011
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Lee v. PMSI, Inc., 2011 WL 1742028 (M.D.Fla., May 6, 2011) Former employee sued the company she used to work for alleging pregnancy discrimination. The company countersued under the Computer Fraud and Abuse Act (“CFAA”) alleging that the former employee violated the CFAA by using her work computer to access Facebook and check her personal [...]
Do certain mobile apps violate the Computer Fraud and Abuse Act?
April 5th, 2011
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[This is a guest post by attorney Caroline Belich. Caroline is a Chicago native, former Michigan State volleyball player, and recent admitee to the California bar with particular interest in the First Amendment.] According to the Wall Street Journal and other sources, federal prosecutors in New Jersey are investigating whether certain mobile applications for smartphones [...]
What is a reasonable cost that should count as loss under the Computer Fraud and Abuse Act?
March 3rd, 2011
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1st Rate Mortg. Corp. v. Vision Mortgage Services Corp., 2011 WL 666088 (E.D.Wis. Feb. 14, 2011) The Computer Fraud and Abuse Act (CFAA) is a popular weapon that employers use against former employees who steal information on the job. But since the employees just use their credentials to get information off the server, there really [...]
Federal court applies Seescandy.com test to unmask anonymous defendants in copyright and privacy case
February 3rd, 2011
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Liberty Media Holdings, LLC. v. Does 1-59, 2011 WL 292128 (S.D. Cal., January 25, 2011) Plaintiff porn company sued 59 anonymous defendants it knew only by IP address for violation of the Stored Communications Act (SCA), the Computer Fraud and Abuse Act (CFAA) and for copyright infringement. Since plaintiff did not know who the defendants [...]
Palin email hacker conviction survives motion for acquittal
October 4th, 2010
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U.S. v. Kernell, No. 08-CR-142 (E.D. Tenn. September 23, 2010) A federal jury convicted defendant for a number of crimes related to his hacking into Sarah Palin’s Yahoo email account in September 2008. One of the crimes the jury convicted him of was the “destruction or alteration of a record or document with the intent [...]
