Nick Akerman

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A Weapon Against Hackers on the Home Front

Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to nation-state hackers like China, …

Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key elements.

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer …

How Do You Sue an Unknown Hacker Who Steals Data through the Company Web Site

In <i>Liberty Media Holdings, LLC. v. Does 1-59,</i> 2011 WL 292128 *3 (S.D.Cal. Jan. 25, 2011) unknown individuals hacked into Liberty Media Holdings’ web …

Bio

A partner in Dorsey’s New York Office, Nick Akerman is a trial lawyer specializing in both complex civil and criminal cases. He is a nationally …

The Computer Fraud and Abuse Act -- A Guide for General Counsels and CIOs Kindle Edition

No company is immune from data theft — whether from hackers who are intent on stealing the company’s trade secrets, disgruntled employees who are …

Swartz’s Suicide Prompts Proposals To Curb DOJ’s Prosecutorial Power

The suicide of Aaron Swartz, a prodigy whose technical contributions and political advocacy helped to shape the open architecture of the Internet, …

The Computer Fraud and Abuse Act Is a Failed Experiment

In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion–some productive, some not–about reforming the Computer Fraud & Abuse Act (the “CFAA”). I support some of the reform proposals, but they don’t go far enough. Initially, the CFAA banned hacking, but over the years, it has …

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Computer Fraud And Abuse Act 2013: New CFAA Draft Aims To Expand, Not Reform, The ‘Worst Law In Technology’

The Computer Fraud and Abuse Act was passed in 1984 to combat the cracking of huge computer systems owned by financial institutions and the …

Can Breaching a Contract Be Computer Fraud?

Court in ticket resale case says ‘yes,’ if it results in unauthorized access, an essential element of the crime.<p>The U.S. Department of Justice has …

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer’s Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) …

Unauthorized Access of President Obama’s Student Loan Data Ends in Computer Fraud Conviction

The Eight Circuit Court of Appeals upheld the criminal conviction of Sandra Teague for accessing President Obama’s data in the National Student Loan …

Company computer policies risk becoming obsolete — Policies must reflect new laws and court decisions on data theft, social networking and cloud computing.

BY NICK AKERMAN<br>Have your client companies’ policies kept<br>pace with changes in the law affecting<br>computer technology?<br>New statutes and court<br>decisions …

The 9th Circuit: Employees Are Free to Steal from the Company Computers

Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business …