Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
…CFAA cause of action (Count One) is dismissed with prejudice to the extent Cloudpath alleges CFAA violations by any Defendant who was authorized to access the relevant information for at…
Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
…we must also decide the meaning of “exceeds authorized access” in section 1030(a) of the Computer Fraud and Abuse Act (“CFAA”), which imposes both criminal and civil 4 No. 14‐2710‐cr,…
Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS
…end, the court says that Fidlar is bringing a trespassory claim, and the damage limitation in the CFAA is intended to ensure that the CFAA only covers access that causes…
2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)
…or connecting to a neighbor’s unsecured wireless network – that scholars have argued are implicitly licensed. This divergence between perceived authorization and desired punishment presents a challenge for the CFAA…
Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google
…user’s browser is not a “facility” through which electronic communications services are provided, and defendants did not access any such facility. Computer Fraud and Abuse Act Claims: The CFAA claims…
QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)
…(E.D. Pa. March 13, 2015). The complaint. Related posts: * Company That Facilitates Digital Access to Public Records Uses CFAA to Block Scraper * Craigslist Wins Routine But Troubling Online…
Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)
…the EEA, the federal Computer Fraud & Abuse Act (CFAA) prohibits misuse of a third party’s computers. It wasn’t designed as a trade secret protection law, but it’s frequently invoked…
Lawsuit Against Adware Vendor Fails–Halperin v. Text Enhance
…ad on the user’s computer. Halperin ended up with Text Enhance on his computer and sued Affluent Ads, alleging CFAA and ECPA claims as well as state law claims. CFAA:…
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
…Network Automation case, those wins have been scarce. Today’s case involves two companies in the security camera business. EarthCam initiated a wide-ranging trade secret, CFAA and copyright lawsuit against OxBlue….
Apple May Be Liable For Privacy Violations by Third Party Developed Apps
…claims. The CFAA and Section 502 claims fail because plaintiffs failed to allege lack of authorization. The ECPA claim, as well as the Texas and California wiretap claims, fail because…