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Category Archives: Computer “Crimes”

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Downloading is Not Necessarily Misappropriating

Posted in Computer "Crimes", Protecting Trade Secrets and Other Business Information, Unfair Competition

One of the key pieces of evidence a plaintiff in a trade secret case usually looks for is the downloading of company information from its computers prior to a former employee departing and joining a competitor.  Generally, this “smoking gun” type of evidence shows that the employee on his or her last day accesses and… Continue Reading

What Does “Authorized” Mean? Liability for “Indirect” Computer Invasion Under the Federal Computer Fraud and Abuse Act

Posted in Computer "Crimes"

The Computer Fraud and Abuse Act (“CFAA”), enacted in 1984 was the first federal law to address computer crime.  It originated as a criminal statute and initially was directed only to important federal interest computer crimes.  As information technology and applications increased exponentially over the next two decades, so did the scope of the CFAA. … Continue Reading