Tag Archives: CFAA

The Ninth Circuit Holds that California’s Anti-Hacking Law, Penal Code Section 502, does not Proscribe Unauthorized “Access” to a Database; Rather, the Section Prohibits Unauthorized Use, Copying, or Manipulation of Information in the Database

California’s Computer Data Access And Fraud Act, Cal. Pen. Code, § 502 (“CDAFA”) is a state law analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”).  Both are aimed at fighting unauthorized intrusions into electronic data (for a primer on these statutes, see “Strategies For Businesses Protecting Electronic … Continue Reading

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”).  The CFAA imposes criminal penalties and civil damages upon whoever “knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds … Continue Reading

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”).  U.S. v. Nosal (9th Cir., July 5, 2016). The CFAA imposes criminal penalties on whoever “accesses a protected computer without authorization, or exceeds authorized access . . … Continue Reading
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