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Data Protection Computer Fraud and Abuse Act (CFAA)

Husch Blackwell LLP

U.S. Privacy Litigation Update: December 2023

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Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more

Robinson+Cole Data Privacy + Security Insider

X Corp Lawsuits Target Data Scraping

X Corp (formerly Twitter) has cracked down on data scrapers in a series of lawsuits filed within the last several weeks. One lawsuit targets an Israel-based research firm that provides commercial data scraping, called Bright...more

Morgan Lewis

Data Privacy: Evolving Updates to the Global Landscape

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World events, such as the COVID-19 pandemic, have accelerated the need for business operations to grow more digitally reliant and driven. As the global network grows and becomes more interconnected, privacy and...more

Jones Day

Department of Justice Significantly Revises Policy on Charging CFAA Violations

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The U.S. Department of Justice will decline to prosecute cyber intrusions based solely on exceeding contractual authorization or which occur pursuant to "good-faith security research." On May 19, 2022, the Department of...more

Jenner & Block

DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use

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On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security...more

Wilson Sonsini Goodrich & Rosati

DOJ Acknowledges Limits to the CFAA, but Questions (and Possible Civil Liability) Remain for Security Researchers and Others

On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, "for the first time," that the DOJ "should...more

ArentFox Schiff

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

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Connecticut Passes the Fifth US State Consumer Privacy Law - The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more

Epiq

Cyberside Chats: Everyone wants to be Batman. Hacking Back & Cybersecurity Law

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Professor, Attorney and Expert in Cybersecurity Policy & Governance, Kevin Powers joins Jerich Beason & Whitney McCollum to discuss where the law stands on “Hacking Back”. Everyone at some point wants to be Batman. During...more

Robinson+Cole Data Privacy + Security Insider

State Department Offers $10M Reward for Information on Russian Officers Involved in Malicious Cyber Activities

The U.S. Department of State has announced a $10 million reward for “information leading to the identification or location of any person who, while acting at the direction or under the control of a foreign government,...more

Amundsen Davis LLC

It May Become More Difficult for Employers to Legally Protect their Confidential and Proprietary Data

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Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information...more

Foley & Lardner LLP

Lower the Gate – Employers Must Take Steps to Restrict Access to Confidential Information

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With the proliferation of technology and cloud-based computing, employers often struggle to provide employees with the tools to allow access to the information they need to effectively and efficiently do their jobs while...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the European Commission’s new Standard Contractual Clauses and the European Data Protection Board’s new recommendations on international data flows. We...more

Davis Wright Tremaine LLP

The Computer Fraud and Abuse Act—Tips for Family Businesses

The U.S. Supreme Court recently handed down a decision that answered a question regarding the scope of permitted data access under the Computer Fraud and Abuse Act (CFAA) that had led to a notable Circuit split. In light of...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2021 #2

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CYBERSECURITY - Another Win for Justice Department: Slilpp Marketplace Takedown - People always ask me if law enforcement is having any luck in combatting cyber criminals. Let me be clear: it is a very tough job to take...more

Kilpatrick

Monthly Minute | Protecting Against Data Scrapers

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Once a month, we cover an interesting topic in 60 seconds. This month, Richard Goldstucker and Jeff Fisher discuss protecting your organization's data against data scrapers....more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

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Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Fish & Richardson

From WarGames to Terms of Service: How the Supreme Court’s Review of Computer Fraud Abuse Act Will Impact Your Trade Secrets

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Introduction - The Computer Fraud and Abuse Act (“CFAA”) is the embodiment of Congress’s first attempt to draft laws criminalizing computer hacking. It is rumored that the Act was influenced by the 1983 movie WarGames, in...more

Poyner Spruill LLP

When Does Web Scraping Become Trade Secret Misappropriation? The Eleventh Circuit Weighs In

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In Compulife Software Inc. v. Newman, No. 18-12004, 2020 WL 2549505 (11th Cir. May 20, 2020), the Eleventh Circuit vacated a trial court ruling that competitors who used a website operator’s server and database did not...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

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On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 25

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - Cybersecurity Standards Issued for Government Contractors - On January 31, the Office of the Under Secretary of Defense for Acquisition and...more

Pillsbury - Internet & Social Media Law Blog

Does the CFAA Apply to Website Scraping? The Ninth Circuit Says “Not So Fast”

Companies use a variety of causes of actions to protect their websites from competitors or others wanting to “scrape” data from their site using automated tools. ...more

Farella Braun + Martel LLP

Facebook Suspends Apps That Scrape Data From Its Platform Following Cambridge Analytica Scandal

Facebook announced on September, 20th, that it has suspended tens of thousands of apps from interoperating with the Facebook platform alleging misuse of Facebook members’ personal data. This is a continuation of the Cambridge...more

Foley Hoag LLP - Security, Privacy and the...

Data Scraping, at Home and Abroad

Data scraping is a technique where information on one platform is exported onto another. The practice is widespread and is used for all sort of reasons, like market analysis or advertising. The kind of information located and...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

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As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

Jackson Lewis P.C.

District Court Finds No CFAA Violation Where Employee Shares Confidential Company Information With Competitor

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A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a...more

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