Prosecutors and employers take notice — one of the most robust, wide-reaching tools against computer fraud and abuse could be blunted. The Second Circuit recently joined the Fourth and Ninth circuits in narrowly interpreting the Computer Fraud and Abuse Act (CFAA) in United States v. Valle, 807 F.3d 508 (2d Cir. 2015). Valle, an ex-cop, was … Continue Reading
We frequently discuss the Computer Fraud and Abuse Act (“CFAA”), which prohibits obtaining information from protected computers through unauthorized access or access that exceeds such authorization. Violating the CFAA can have serious consequences, as the statute carries both criminal and civil penalties. But must a defendant obtain information through unauthorized access and exceed authorized access? Ordinarily not. Yet … Continue Reading
When the celebrity gossip blog Gawker decided to post highlights from a sex tape starring Hulk Hogan, it never thought that decision would lead to suing the FBI. But that’s what happened—and just recently, Gawker prevailed. A federal judge in Florida ordered that the FBI and the Executive Office of United States Attorneys (EOUSA) must respond to Gawker’s FOIA request—even though the agencies argued … Continue Reading
A federal grand jury in Pennsylvania indicted five Chinese military officers for economic espionage and trade secret theft this morning. According to the indictment, the five officers engaged in an elaborate conspiracy to hack into the computer networks of five U.S.-based companies, as well as a labor organization, to steal trade secrets and proprietary information … Continue Reading
On May 13, 2014, before a Senate subcommittee, the FBI’s Assistant Director for the Counterintelligence Division testified about the bureau’s efforts to combat economic espionage and trade secret theft—which cause, according to the Office of the National Counterintelligence Executive, “tens or even hundreds of billions of dollars annually to the American economy.” Fighting economic espionage and trade … Continue Reading
Phillip Groves could face up to 40 years in jail and a $1,000,000 fine after a federal jury in Kentucky convicted him of violating 18 U.S.C. § 1832. That statute criminalizes converting a trade secret related to a product or service used, or intended for use, in interstate or foreign commerce if the conversion was intended … Continue Reading
