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…
Ex-Employee’s Access/Misuse of Employer Files States CFAA Claim — Weingand v. Harland Financial
…whether this constitutes access without authorization, or access in excess of authorization, under the CFAA. CFAA: The court first addresses whether Harland Financial states a claim under the CFAA. Weingand…
Now Available: My Internet Law Syllabus and Reader for Fall 2012
…the CFAA rapidly in ways that should apply outside the employment context. – I beefed up my “notes and questions” sections after a number of cases (I’ll post an example…
4th Circuit Limits the Reach of the Computer Fraud and Abuse Act – WEC Carolina Energy Solutions v. Miller
…more likely. I’m curious about how this case affects the availability of a CFAA claim in the scraping context. I thought the court’s comment about the viability of a CFAA…
Judge Koh Whittles Down iPhone App Privacy Lawsuit – In re iPhone Application Litig.
…thus would have “serious difficulty pleading a CFAA violation.” Additionally, the court says that plaintiffs will not be able to satisfy the $5,000 damage threshold necessary to assert a CFAA…
Plaintiffs Squeak Past Motion to Dismiss in Amazon P3P Case – Del Vecchio v. Amazon
…our post on Bose v. Interclick, a separate lawsuit challenging the use of flash cookies: “Another Lawsuit over Flash Cookies Fails — Bose v. Interclick.”) CFAA Claims: The court dismisses…
Comments on the Ninth Circuit’s En Banc Ruling in U.S. v. Nosal
…with a CFAA violation but the district court dismissed it, relying in part on Brekka. With respect to the CFAA claim, the district court said that because Aleynikov was authorized…