Thursday, May 5, 2011

Traverse Internet Law Federal Court Report: May 2011 - Hacking Lawsuits

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.

FILED: 4/14/2011

This is the first time I’ve seen a hacking case brought based upon access to computers not owned or controlled by the Plaintiff. A recent 9th circuit decision has extended the application of this hacking law and it is now being applied very broadly to include authorized access to a computer based upon subsequent unauthorized use of the information obtained. This lawsuit and the recent court decision show a tendency to expand protections.

The Defendants are alleged to have impersonated a Xerox executive by creating a Gmail and Facebook account in his name and then using the Gmail account to spam. The violation of the Computer Fraud and Abuse Act is alleged to rise from the Defendants’ access of a third party’s computer system, namely Google and Facebook.

The law suit alleges violation of the Computer Fraud and Abuse Act, violation of the Lanham Act, violation of the Connecticut Computer Crimes Statutes, and trespass to chattels. Plaintiff requests temporary, preliminary, and permanent injunctive relief against the Defendants along with compensatory damages, actual damages, costs, statutory damage, punitive damages, exemplary damages, and any additional relief the Court deems just and proper. Traverse Internet Law Cross-Reference Number 1487.