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…
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…