On June 3, 2021, the U.S. Supreme Court in Van Buren v. United States reversed the U.S. Court of Appeals for the Eleventh Circuit’s decision to uphold the conviction of Nathan Van Buren, who was alleged to have violated the Computer Fraud and Abuse Act of 1986.
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Computer Fraud and Abuse Act
Senators Renew Efforts to Pass Data Privacy Legislation
On January 8, 2014, Senator Patrick Leahy reintroduced comprehensive information security legislation that would establish a national standard for data breach notification and require businesses to safeguard customers’ sensitive personal information from cyber threats. The bill also would establish criminal penalties for individuals who intentionally or willfully conceal security breaches, and would authorize the FTC to write and enforce rules regarding the protection of personal information and breach notification. …
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Data Breach Bills Clear Senate Judiciary Committee
On September 22, 2011, the Senate Judiciary Committee approved three separate bills that would establish a national data breach notification standard, though the prospects for these three bills in the full Senate are uncertain.
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Online Tracking Practices Face Increasing Scrutiny
Over the past several weeks, online tracking practices involving the use of Flash cookies and ETags have been the subject of new research studies, class action lawsuits and significant media attention.
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Class Action Lawsuit Filed Against Google for Tracking Android Users’ Location Data
A class action complaint filed on June 9, 2011, in federal court in Florida alleges that Google’s Android phone illegally tracked and recorded users’ movements and locations without their knowledge or consent.
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Lawsuits Allege Apple Applications Sent Personal Information to Third Parties
In late December 2010, consumers filed two class action lawsuits against Apple Inc., claiming that several applications they downloaded from Apple’s App Store sent their personal information to third parties without their consent.
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Online Ad Network Sued Over Tracking Using Flash Cookies
On August 18, 2010, a class action complaint was filed alleging that Specific Media violated the Computer Fraud and Abuse Act, as well as state privacy and computer security laws, by failing to provide adequate notice regarding its online tracking practices.
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Microsoft Calls for Legislative Action to Set Rules for Cloud Computing
Microsoft is urging Congress and the information technology industry to act now to ensure that cloud computing is guided by an international commitment to privacy, security and transparency for consumers, businesses and government. A survey commissioned by Microsoft found that while the general population and senior business leaders are excited about the potential of cloud…
New Class Action Complaint Alleges Privacy Violations by ISP Using NebuAd Device
A class action complaint filed on December 9, 2009, in Illinois federal court alleges that WideOpen West, Finance, LLC ("WOW"), an Internet service provider, violated its users’ privacy by "installing spyware devices on its broadband networks." Valentine v. WideOpen West (N.D. Ill., No. 1:09-cv-07653). This action against WOW follows the October 6, 2009, dismissal by a district court in California of similar claims against six out-of-state ISP defendants (including WOW) filed in November 2008 by the same lead plaintiff. The court in Valentine v. NebuAd, Inc. et al. (N.D. Cal., No. 3:08-cv-05113) found that the ISP defendants were not subject to personal jurisdiction in California, leaving the now-defunct NebuAd as the only defendant in that case. Plaintiff Valentine has now brought this action against WOW in the Northern District of Illinois.…
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