The Computer Fraud and Abuse Act (CFAA) is a federal criminal law that prohibits unauthorized access to a computer. The CFAA also provides a civil remedy for a party whose computer has been so accessed. A federal court in Ohio recently addressed whether the CFAA applied to employee who induced a co-worker to access and provide him with pricing data to which the employee did not have direct access.
Frank Damico worked for Cranel, Inc. from 2005 through 2012. Cranel alleged that Damico accessed and copied certain customer information. Cranel also alleged that Damico induced a co-worker to provide him with pricing information and that he later used such information to compete with the company.
The court held that Cranel failed to state a viable CFAA claim, taking a narrow view of the statutory phrase “without access” or “unauthorized access” does not include information that an employee has access to during employment that is later used for competitive or other inappropriate purposes.
Read the Cranel decision here. Contact Ossian Law regarding CFAA questions or any other information technology law questions.
UPCOMING PRESENTATIONS & WORKSHOPS
Ossian Law P.C. – Wednesday, October 29th 8:00-9:30 a.m.
Contentious Clauses in Software Agreements
Regardless of how software is delivered – by download or a hosted solution, certain clauses are the subject of much negotiation – limitations of liability and damages, warranties, indemnification among them. Hear both sides of these contentious clauses as well as some negotiation tips. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
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Social Media Legal Pitfalls
Wed., Nov. 12th, 9-10:30 a.m.
Use of social media can have legal consequences, both personally and professionally. Is your brand being “hijacked” on social media? Can an employee be fired because of a social media post? What does your favorite social media platform do with your personal information? Could social media be used as an alibi? Kathy Ossian will provide insight to these and other questions involving Social Media Law. To register for this free event, call (248) 648-4800
Ossian Law P.C. – Tuesday, November 18th 8:00-9:30 a.m.
The ADA and the Internet: Are You Compliant?
The Americans With Disabilities Act (ADA) is a federal law that applies to public accommodations. A number of courts have recently considered ADA compliance questions for web sites and other online activities. Kathy Ossian will analyze these decisions and how they may impact the way your organization conducts business online. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
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