Archive | Computer Fraud & Abuse Act

Hi-Jacked LinkedIn Account Doesn’t Cause “Loss” Under the CFAA

A plaintiff’s claim under the Computer Fraud and Abuse Act, 18 U.S.C. §§ 1030(a)(2)(C) and 1030(a)(5)(C), based on her ex-employer’s alleged hi-jacking of her LinkedIn account, has failed to survive the defendant’s motion for summary judgment because the plaintiff failed to show a “loss” under the CFAA.  Eagle v. Morgan, No. 11-4303 (E.D. Pa. Oct. […]

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Violations of Employer’s Computer Use Restrictions Does Not Violate CFAA

Hospital employees did not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA), 18 USC § 1030, when they violated the hospital’s computer usage policy by attaching removable storage devices to computers that they were otherwise authorized to access.  Wentworth-Douglass Hospital v. Young & Novis Professional Ass’n., No. 10-cv-120-SM (D. N.H. June 29, […]

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Attempted CFAA Class-Action Claim Against Amazon Dismissed on Failure to Plead “Loss”

Plaintiffs seeking to bring a class action lawsuit against Amazon failed to allege a “loss” under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, by simply pleading that Amazon had taken and exploited, for financial gain, private information that the plaintiffs could not show had financial value to them.  Del Vecchio v., […]

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Narrow views of “Authorization,” “Loss,” and “Damages” Under the CFAA

As previously reported, in setting standards for civil rights of action under the Computer Fraud and Abuse  Act (CFAA), 18 U.S.C. § 1030, courts have taken varying approaches.  However, a number of recent cases have elected a narrower view of facts creating a cause of action under the CFAA, limiting plaintiffs’ ability to bring CFAA […]

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Ninth Circuit Affirms Narrow Construction of “exceeds authorized access” in the CFAA

The Ninth Circuit has affirmed that the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA) should be read to cover only accessing prohibited files, rather than making unauthorized use of files to which one had been permitted access.  United States v. Nosal, No. 10-10038 (9th Cir. Apr. 10, 2012).  In a […]

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Computer Fraud and Abuse Act: Civil Rights of Action Have an Uncertain Bar

Federal district courts have been split, and the courts of appeals thus far silent, on what allegation of “loss” a plaintiff must make to state a case under the Computer Fraud and Abuse Act.  18 U.S.C. § 1030.  The CFAA, a criminal statute barring unauthorized access of specified categories of computers, provides for a civil […]

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