2013 Internet Law Syllabus and Casebook Now Online
…Zappos post). Trespass to Chattels: I deleted the WEC case, which kind of fell flat when I taught it. Instead, I touch on the CFAA’s role in the employment context…
H1 2013 Quick Links, Part 4 (Miscellaneous)
By Eric Goldman and Jake McGowan CFAA/Trespass * My colleague Kyle Graham traces the early history of California Penal Code Sec. 502. * Andrew Sellars on the Aaron Schwartz prosecution…
Nosal Convicted of Computer Fraud and Abuse Act Crime Despite His Ninth Circuit Win – US v. Nosal
…Circuit’s discussion of the CFAA as anti-hacking was only relevant to discuss the general purposes behind the CFAA and not something by which the court intended to limit the statute….
Misguided Catfishing Scheme Leads to Discipline of College Students — Zimmerman v. Ball State
…service. (CFAA violation alert!) The fact that they posted a video calling their ex-roommate a pedophile. The fact that they signed an acknowledgement that they violated the code of conduct…
Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)
…routinely assert CFAA violations against ex-employees. This illustrates the CFAA’s scope creep; the CFAA wasn’t designed to apply to ordinary employee activities, but sloppy and expansive drafting enables that possibility….
Judge Boots Privacy Lawsuit Against Pandora but Plaintiffs Can Replead – Yunker v. Pandora
…basis that, unlike YouTube, nothing is uploaded and stored to Pandora by the user. CFAA claim: the CFAA claim fails due to Yunker’s failure to allege loss sufficient to satisfy…
Privacy Plaintiffs in Deep Packet Inspection Case Get No Love From the Tenth Circuit — Kirch v. Embarq Managmenet
…Green v. Cable One Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment [image credit: Shutterstock/lightspring…
Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)
…sites directly, thereby presumably avoiding the risk of trespass to chattels/CFAA and contract breach claims. Still, as these cases indicate, scraping a third party licensee’s site doesn’t bypass the copyright…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
…unauthorized access of a cloud computing account counts as a separate CFAA offense. Second, the bill specifies a formula for computing losses in CFAA violations involving cloud computing services, setting…
Battle Over LinkedIn Account Between Employer and Employee Largely Gutted–Eagle v. Morgan
…Unfortunately for Dr. Eagle, the court grants defendants’ motion to dismiss her federal claims based on the Computer Fraud and Abuse Act and the Lanham Act. CFAA: On the CFAA…