Lori Drew Prosecuted for CFAA Violations–Some Comments, and a Practice Pointer
…Act (CFAA). See the indictment. The CFAA violation putatively occurred because MySpace’s user agreement required users to: * provide accurate registration information * not use information obtained from MySpace to…
Jan. 2008 Quick Links (IP Edition)
…the file-sharing. * Atlantic Recording Corp. v. Serrano, 2007 WL 4612921 (S.D. Cal. Dec. 28, 2007). The court rejects the trespass to chattels and CFAA claims of a P2P file…
Ticketmaster Wins Big Injunction in Hannah Montana Case, But Did the Public Interest Get Screwed?–Ticketmaster v. RMG
…loss. I tell my students that if they can’t construct $5,000 of loss under the CFAA, then they aren’t thinking creatively enough. Conclusion It’s easy to point at RMG and…
Oracle v. SAP Lawsuit Comments
…Oracle claims that the scheme of getting former Oracle customer passwords and downloading lots of content from Oracle’s maintenance database violates (among other things) the CFAA and Cal. Penal Code…
CDT Report on Spyware Enforcement Actions
…the CFAA and the Wiretap Act, with 11 cases to date. And three attorneys general at the state level have filed spyware lawsuits under state fraud and consumer protection laws,…
Advertiser Not Liable for Spam–Hypertouch v. Kennedy-Western University
…that these employers may still have recourse under the CFAA, common law trespass to chattels, any surviving state anti-spam laws, and various state computer crime laws. The court sidesteps this…
Anti-Spyware Coalition Workshop Recap
…good (“we don’t need new statutes–we have enough!”). Nevertheless, he proposed a couple of minor tweaks to the CFAA. He’d like to see 18 1030(a)(2) a felony instead of a…
Second Anti-Adware Class Action Filed–Simios v. 180Solutions
…always plead common law trespass to chattels and CFAA together (if they can do so within ethical constraints), so adding the CFAA claim made complete sense here. New Cause of…
Boalt Spyware Conference Recap
…that the law has a tough time stretching to cover actions on a single desktop computer. She also deconstructed the CFAA and suggested a little more hope there, but still…
Goodlatte Reintroduces Anti-Spyware Law
…with the Computer Fraud & Abuse Act. If anyone figured out what Goodlatte’s bill would criminalize that wasn’t already criminal under the CFAA, I’d be grateful to hear from you….