9th Cir: Access of Computer in Violation of Employer’s Use Policy Violates Computer Fraud and Abuse Act — US v. Nosal
…the employer’s use restrictions “exceeds authorized access” for purposes of the CFAA: as long as the employee has knowledge of the employer’s limitations on that authorization, the employee ‘exceeds authorized…
Flash Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media
…a CFAA claim. In a footnote, the judge wonders if the plaintiffs’ harm can be aggregated together to reach the $5k threshold. (I thought it could, so I’m intrigued what…
N.D. Cal.: Facebook Posts are Electronic Mail Messages, Subject to CAN-SPAM — Facebook v. Maxbounty
…which are subject to CAN-SPAM. Maxbounty also argued that Facebook failed to plead its Computer Fraud and Abuse Act claims with particularity. The court finds that CFAA claims are not…
Court: Husband’s Access of Wife’s Email to Obtain Information for Divorce Proceeding is not Outrageous
…by virtue of the divorce settlement. Computer Fraud and Abuse Act: The court denies summary judgment to both parties on the CFAA claim, noting that there is a factual dispute…
Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues
…at some recent CFAA dismissals and discuss the restrictive approach taken by some courts with respect to the CFAA’s jurisdictional damage requirement: “Dismissal of CFAA Claim for Lack of Jurisdiction”…
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
…the claims, which goes almost nowhere. The court ends the negligent interference with prospective economic advantage but all of Oracle’s other challenged claims survive, including the CFAA, Cal. Penal Code…
Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
…alleged that Moran violated the CFAA by “transmitting information” to a protected computer and as a result of such transmission intentionally causing damage. While pre-CAN SPAM cases (e.g., AOL v….
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
…provisions. Computer Fraud & Abuse Act The CFAA protects against the unauthorized usage of third party servers that causes the requisite loss. Scraping can violate the CFAA. See, e.g., EF…
Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
…less favorable turn when it comes to the authorization/permission question. Many CFAA rulings have allowed user agreements to delimit the authorized use of the plaintiff’s servers. The court rejects that…
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…