Law.com has reprinted this helpful story on the Ninth Circuit en banc arguments to be held later this week in United States v. Nosal.
Archive | Computer Crime Law
The Trespass Tort Versus the CFAA: A Response to the Oracle Amicus Brief in Nosal
In a recently-filed amicus brief submitted by Oracle America Inc. before the en banc Ninth Circuit in United States v. Nosal, the important Computer Fraud and Abuse Act case I have blogged a lot about, Oracle makes the following argument about interpreting “access” and “authorization” in the context of the CFAA. The CFAA’s prohibition on […]
A New Computer Crime Law Casebook — Clancy’s “Cyber Crime and Digital Evidence: Materials and Cases”
Many readers know that I am the author of a law school casebook on computer crime law: Computer Crime Law, published by West, now in its second edition. I’m pleased to announce the publication of another casebook on computer crime law, Thomas K. Clancy’s Cyber Crime and Digital Evidence: Materials and Cases, published by Lexis-Nexis. […]
My Congressional Testimony on the Need to Narrow the Computer Fraud and Abuse Act
Tomorrow morning at 10am, I will be testifying before the House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security about the need to narrow the Computer Fraud and Abuse Act. I have submitted my written testimony, and it is available here. It begins: The current version of the Computer Fraud and Abuse Act (CFAA) […]
How to Find A Computer Crime Lawyer
As a specialist in computer crime law, I am occasionally asked how to find a good defense lawyer in a computer crime case. If you’re a defendant who has been charged in a computer crime case, or you know someone who has been so charged, how do you pick a lawyer? I get this question […]
UCLA Law School to Host Inaugural Cyber Crimes Moot Court Competition
Cool.
The Law of Cyberwar: What FDR, Hitler, and the Blitz Can Teach Us
By Stewart Baker on September 30, 2011 9:41 pm in Computer Crime Law, Computer Fraud and Abuse Act, International Law, Uncategorized
I’ve just finished a longish piece on cyberwar and the role of lawyers, published in Foreign Policy magazine. Here’s how it begins: Lawyers don’t win wars. But can they lose one? We’re likely to find out, and soon. Lawyers across the U.S. government have raised so many show-stopping legal questions about cyberwar that they’ve left […]
Senate Judiciary Committee Passes Amendment to Prohibit Prosecutions for Terms-of-Service Violations
Kashmir Hill writes at her Forbes blog on the good news from yesterday’s Senate Judiciary Committee hearing markup of amendments to the Computer Fraud and Abuse Act: No, Faking Your Name On Facebook Will Not Be A Felony. Legal scholar Orin Kerr wrote an alarming op-ed in the Wall Street Journal yesterday, warning people that […]
Poisoning the Hamburger Helper
By Stewart Baker on September 11, 2011 4:49 pm in Computer Crime Law, Computer Fraud and Abuse Act, Criminal Law, Uncategorized
The Obama Administration’s legislative proposals on cybersecurity are a distinctly mixed bag. But probably the worst ideas are those put forward by the Justice Department, which last week testified about the need to update the Computer Fraud and Abuse Act. Again. In fact, for the eleventh time since it was adopted in the 1980s. We’ve seen […]
Help Needed to Identify Law Schools That Offer Classes in Computer Crime Law
I’m trying to identify the law schools that offer courses in Computer Crime Law — a course which may also be called “Cybercrime,” “Cybercrime Law,” or “Internet Crime Law.” It can be either a seminar or a full class, but I am looking for courses that are focused on the criminal law aspects of Internet/computer/cyber […]
What is a “Computer”?
Certainly a cell phone counts, the Eighth Circuit correctly concludes, at least when it comes to the definition of “computer” in 18 U.S.C. 1030(e)(1) of the Computer Fraud and Abuse Act. Hat tip: FourthAmendment.com
Eleventh Circuit Holds That It is a Federal Crime For an Employee To Use His Employer’s Computer For “Non Business Reasons” After Receiving Clear Instruction From Employer Not to Do So
Last week, the Eleventh Circuit decided an important case, United States v. Rodriguez, on the computer crime statute known as the Computer Fraud and Abuse Act, 18 U.S.C. 1030. The decision by Judge Pryor touches on the same issue that was in play in the Lori Drew case: When does violating express conditions on computer […]
Man Prosecuted for Reading Wife’s E-Mail Without Her Authorization
From the Detroit Free Press: Oakland County prosecutors, relying on a Michigan statute typically used to prosecute crimes such as identity theft or stealing trade secrets, have charged Leon Walker, 33, with a felony after he logged onto a laptop in the home he shared with his wife, Clara Walker. Using her password, he accessed […]
Is Israel Behind the Stuxnet Cyberattack on Iran?
I’m going to leave it to Co-Conspirator Stewart and other cybersecurity legal experts to discuss the legal issues, but regarding the recent Stuxnet worm that Iran reports infected its computers and, we are told, particularly its nuclear program, the New York Times says … Experts dissecting the computer worm suspected of being aimed at Iran’s […]
“Ex Ante Regulation of Computer Search and Seizure” Available in Final Published Form
By Orin Kerr on October 3, 2010 6:41 pm in Comprehensive Drug Testing, Computer Crime Law, Fourth Amendment
The final version of my latest article, Ex Ante Regulation of Computer Search and Seizure, 96 Va. L. Rev. 1241 (2010), has now been posted on the Virginia Law Review‘s website.