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…
Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act
…broken an online user agreement, intentionally or not, at some point in our lives, by showing how easy it could be to violate the CFAA. The tenuousness of the law’s…
September 2008 Quick Links, Part 3
…Becker v. Toca, 2008 WL 4443050 (E.D. La. Sept. 26, 2008). Ex-wife’s alleged delivery of “Infostealer” program to grab passwords from ex-husband could violate the ECPA, SCA and CFAA. *…
eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions
…I must say that some of eBay’s legal arguments made me nervous. eBay’s alleged causes of action include: * CFAA (18 USC 1030). The allegation is that presenting a bogus…
Google Sued for Running Ads for “Fraudulent Mobile Subscription Services”–Goddard v. Google
…interpretation of the CFAA follows the DOJ’s recent attempt to treat breaches of a website’s user agreement as a criminal CFAA violation in the Lori Drew prosecution. Given these crazy…
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…