Q2 2010 Quick Links Part 2
…Rodriguez (M.D. Fla. April 22, 2010). No CFAA action against the buyer of data from a database the seller allegedly acquired in violation of the CFAA. * Lawyers behaving badly…
EFF Weighs in on Facebook v. Power Ventures — Facebook v. Power Ventures
…Terms of Service Violate the CFAA: There are cases holding that repeated unauthorized access of a website through automated means may violate the CFAA (for example: EF Cultural Travel BV…
Web-based Email Bombardment Campaign Does Not Amount to a Violation of the Computer Fraud and Abuse Act — Pulte Homes, Inc. v. LiUNA
…The unlawful transmission prong of the CFAA requires the transmission of information as a result of which the defendant “intentionally causes” damage to a protected computer. The court dismissed this…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
…at the customer’s request. Yet, because that data resided on Snap-on’s servers, O’Neil is still staring down the barrel of copyright, contract, CFAA and common law trespass to chattels claims….
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
…be at best a very obscure “browsewrap.” The CFAA is more tolerant of obscure disclosures than contract law is, and this CFAA claim is hardly unusual, but I’m nonetheless troubled…
Lori Drew Criminal Case Ends With a Whimper
…Computer Fraud & Abuse Act (CFAA) prosecution based on negative behavioral restrictions in an online user agreement is void-for-vagueness. I think this makes a lot of sense because the negative…
Social Networking Sites and Blogs Talk for Students
…Prosecuted for CFAA Violations–Some Comments, and a Practice Pointer * MySpace Gets 230 Win in Fifth Circuit–Doe v. MySpace. See also MySpace Suit for Liability for Sexual Assault Dismissed and…
Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act
…broken an online user agreement, intentionally or not, at some point in our lives, by showing how easy it could be to violate the CFAA. The tenuousness of the law’s…
September 2008 Quick Links, Part 3
…Becker v. Toca, 2008 WL 4443050 (E.D. La. Sept. 26, 2008). Ex-wife’s alleged delivery of “Infostealer” program to grab passwords from ex-husband could violate the ECPA, SCA and CFAA. *…
eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions
…I must say that some of eBay’s legal arguments made me nervous. eBay’s alleged causes of action include: * CFAA (18 USC 1030). The allegation is that presenting a bogus…