Q3 2011 Quick Links, Part 5
…an analogous regulation, see the significant expansion of the CFAA over the past quarter-century, and especially the growing number of cases involving CFAA violations because former employees continued to access…
In Facebook’s Lawsuit Against Alleged Spammer, Court Denies MaxBounty’s Motion to Dismiss
…networks “electronic mail messages” that are subject to CAN-SPAM. The CFAA claims similarly push the envelope. Terms of use-based CFAA claims are widely recognized as being overly broad and encapsulating…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
…CFAA claim fails on summary judgment because “Plaintiffs have produced no evidence to back up their assertion that Wilson damaged the website or that his actions caused at least $5,000…
Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
…privacy, trespass and CFAA claims. This left the ECPA claim. (The court says the claims were dismissed pursuant to “stipulation,” but does not get into detail as to whether there…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
…asserted putative class claims under the Computer Fraud and Abuse Act, New York’s unfair competition statute, and common law trespass. CFAA claims: Bose asserted three types of damages to support…
A Close Look at Missouri’s “Amy Hestir Student Protection Act” (Guest Blog Post)
…the CFAA would have effectively criminalized the violation of terms of service (ToS) agreements, adding criminal penalties to what has been an exclusively civil matter. Had that set a precedent,…
Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA
…under the CFAA, one for unauthorized access which causes damage and the other for transmission of information, code, or a program which caused damage. Access claim: The CFAA creates a…
Court Smacks Down Koch Industries’ Attempt to Shut Down Satirical Website — Koch Industries v. Does
…was [their] message, not any entity.” Again, the court notes that defendants’ anonymity made any donations impossible. CFAA Claim: Koch also asserted a Computer Fraud and Abuse Act claim and…
Court Denies Injunction in Webcam Case Against Aarons — Byrd v. Aarons, Inc.
…SpectorSoft.”) Similarly, it’s also unclear as to whether Aaron’s Inc. should face liability for the CFAA and Wiretap Act violations of Aspen Way employees or for the acts of its…
Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions
…that the CFAA expressly states that value of in-house time spent addressing a breach can go towards satisfying the loss requirement and this points in the direction that the CFAA…