Company Computers Under Attack:  Big Dollars and Private Data Are Being Stolen  Every Day: What Are You Doing About It?  Join Us for a Cybersecurity Breakfast Briefing Cutting Edge Use of the Civil Remedy in the Federal Computer Crime Statute — the Computer Fraud and Abuse Act Thursday, April 14,… Read More

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

By:  Chris Koa and Walter Impert   With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (eg, iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by fiduciaries after death or incapacitation of the owner has emerged as a key estate planning consideration…. Read More

EU-US Data Transfer Privacy Shield: Political Agreement Achieved Regarding “Safe Harbor 2.0”

By:  Barry Glazer, Ron Moscona and Chris Koa Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October  2015 decision by Europe’s highest court invalidating the EU-US Safe Harbor.  US and EU regulators earlier this week  announced conceptual agreement regarding a new… Read More

How To Make Computer Fraud Claims Stick

The recent decision in Allied Portables v. Youmans from the U.S. District Court for the Middle District of Florida underscores the need for businesses to establish explicit, well-advertised written policies identifying the scope of permissible employee access to company computers. Absent such policies, employers may be precluded from using the civil remedy in the federal computer crime statute, the Computer Fraud and Abuse Act, to sue employees who steal or destroy data from a company computers.

Allied properly recognized that for a CFAA claim to succeed, the plaintiff employer must be able to show the critical element that the defendant employee accessed a company computer by exceeding the authorized access to the computer.

Guidance for Incident Response Plans  

Author: Melissa Krasnow Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response plan. Following are items from state and federal sources of guidance: “Best Practices for Victim Response and Reporting of Cyber Incidents”(April 2015) issued… Read More

GUEST BLOG: Phishing Scam, BYOD and Other Cybersecurity Tips

Guest Blogger Peter S. Vogel is a trial partner at Gardere Wynne Sewell LLP where he is Chair of the eDiscovery Group and the Internet, eCommerce, & Technology Team, and before practicing law he worked as a systems programmer, received a Masters in Computer Science, and taught graduate courses in information systems.   In addition to… Read More

New Tools for Companies Against Cybercrime

On January 2015, the Obama administration announced a series of proposals to strength­en the country’s response to cyberattacks­ including, most notably, specific amendments to the federal computer crime statute, the Computer Fraud and Abuse Act (CFAA). These changes are not only significant to the cyber­ crime-fighting efforts of federal prosecutors, but also to private companies. This is because the CFAA allows compa­nies victimized by violations of the statute to bring civil actions against the perpetrators. 18 U.S.C. 1030(g). The CFAA, among other things, makes it a crime when an individual “accesses” a computer “without authorization or exceeds authorized access” to steal data.

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