CyberCrime

RECENT ARTICLES:

DISLOYAL COMPUTER USE AND THE COMPUTER FRAUD AND ABUSE ACT: NARROWING THE SCOPE
2010 Duke L. & Tech. Rev. 012
CyberCrime
8/26/2010
Congress drafted the Computer Fraud and Abuse Act (CFAA) to protect government interest computers from malicious attacks by hackers. As computer use has expanded in the years since its enactment, the CFAA has similarly expanded to cover a number of computer-related activities. This iBrief discusses the extension of the CFAA into the employer/employee context, suggests that this goes beyond the Act’s express purpose, compares the different approaches taken by the circuit courts in applying the CFAA to disloyal computer use by employees, and argues that the more recent approach taken by the Ninth Circuit provides a better model for determining if and when the CFAA should apply to employees.

Archived Articles

Title: Date Posted:
SUBSTANTIALLY JUSTIFIED? THE U.S. GOVERNMENT’S USE OF NAME-CHECK TECHNOLOGIES IN NATURALIZATION PROCEDURES 6/10/2010
NEW JERSEY’S ADULT INTERNET LURING STATUTE: AN APPROPRIATE NEXT STEP? 6/1/2005
THE DORMANT COMMERCE CLAUSE AND STATE REGULATION OF THE INTERNET: ARE LAWS PROTECTING MINORS FROM SEXUAL PREDATORS CONSTITUTIONALLY DIFFERENT THAN THOSE PROTECTING MINORS FROM SEXUALLY EXPLICIT MATERIALS? 3/31/2005
PLUGGING THE ‘PHISHING’ HOLE: LEGISLATION VERSUS TECHNOLOGY 3/14/2005
IS I-VOTING I-LLEGAL? 5/14/2003
VIGILANTES V. PIRATES: THE RUMBLE OVER PEER-TO-PEER TECHNOLOGY HITS THE HOUSE FLOOR 10/15/2002
PROTECTING THE HOMELAND BY EXEMPTION: WHY THE CRITICAL INFRASTRUCTURE INFORMATION ACT OF 2002 WILL DEGRADE THE FREEDOM OF INFORMATION ACT 9/20/2002
CLOSED CIRCUIT TELEVISION FOR INSIDE YOUR HEAD: BLANKET TRAFFIC DATA RETENTION AND THE EMERGENCY ANTI-TERRORISM LEGISLATION 4/5/2002
CRACKING THE CODE TO PRIVACY: HOW FAR CAN THE FBI GO? 1/28/2002
POLICING ONLINE PHARMACIES: BIOTERRORISM MEETS THE WAR ON DRUGS 11/26/2001
LIBERTY FOR SECURITY 10/10/2001
CARNIVORE: WILL IT DEVOUR YOUR PRIVACY? 8/9/2001
VIRTUAL LAS VEGAS: REGULATE OR PROHIBIT? 6/20/2001
CAN YOU YAHOO!? THE INTERNET’S DIGITAL FENCES 3/12/2001
INTERNET SECURITIES FRAUD: OLD TRICK, NEW MEDIUM 2/28/2001