Nick Akerman

October 01, 2007 | National Law Journal

Little did William the Conqueror know that when he won the Battle of Hastings in 1066, his victory would have ramifications for protecting computer data. The Norman Conquest set up a system to deal with stolen possessions that evolved to the present-day cause of action for conversion. This ancient common law civil remedy has recently emerged as a potential key legal theory in the fight against computer crime.

By Nick Akerman

9 minute read

May 02, 2011 | National Law Journal

Most states require companies to notify individuals if there's a reasonable basis to believe personal data were compromised.

By Nick Akerman and Melissa Krasnow

8 minute read

December 03, 2007 | National Law Journal

During the past four years, 38 states have enacted laws mandating consumer notifications if there is a theft of personal data from the company computers that can be used by thieves to perpetrate identity theft. The Federal Trade Commission has also brought enforcement actions against companies for not properly protecting sensitive personal data. A company can implement proactive measures before and after a data breach to minimize its potential liability under this new regulatory scheme.

By Nick Akerman / Special to The National Law Journal

9 minute read

June 09, 2008 | National Law Journal

The civil remedy in the Racketeer Influenced and Corrupt Organizations statute is not limited to the archetypal, intimidating mobster. There is no reason why RICO cannot apply to data thieves. RICO provides a significant remedial advantage over traditional remedies such as the federal Computer Fraud and Abuse Act, which directly outlaws the theft of data and, like RICO, provides for a civil remedy. The CFAA, however, is limited to compensatory damages, whereas RICO provides for treble damages and attorney fees.

By Nick Akerman

9 minute read

December 12, 2005 | National Law Journal

Three months ago, in Int�l Assoc. of Machinists and Aerospace Workers v. Werner-Matsuda, Werner-Matsuda expressly rejected the holding in Shurgard and limited the CFAA to outside hackers. But Werner-Matsuda is unlikely to stem the growing use of the CFAA against employees and other insiders who steal computer data.

By Nick Akerman

9 minute read

March 10, 2008 | National Law Journal

In October, a Ukrainian hacker gained access to a company's upcoming negative earnings announcement and then traded options in the company for a 697% return. To boot, a federal judge ruled that the hacker's proceeds can't be frozen under the Securities and Exchange Act of 1934 because it can't be proven that the hacker, as a corporate outsider, breached a fiduciary duty or similar duty of candid disclosure. One tool for such victims is the civil options under the Computer Fraud and Abuse Act.

By Nick Akerman

9 minute read

December 08, 2008 | National Law Journal

In October, the U.S. government expanded the resources available to protect the nation's intellectual property with the enactment of the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act). The act accomplishes three goals. It creates the position of intellectual property enforcement coordinator. It provides increased funding to DOJ, the FBI and local law enforcement to investigate and prosecute IP thieves. And it increases civil and criminal penalties for stealing IP.

By Nick Akerman and Lile Deinard

8 minute read

June 24, 2013 | National Law Journal

The Computer Fraud and Abuse Act applies to former employees who steal data from the company computer, but in two federal circuits it does not apply when the theft occurs during employment.

By Nick Akerman

8 minute read

September 23, 2009 | National Law Journal

Two recent cases raise the prospect that the U.S. Supreme Court will eventually interpret its "without authorization" language.

By Nick Akerman

10 minute read

September 08, 2008 | National Law Journal

Web site terms of use have taken center stage with the recent indictment of Lori Drew by a federal grand jury for violating the Computer Fraud and Abuse Act (CFAA). Drew, 49, is charged with breaching MySpace's terms of service by harassing a 13-year-old girl who, as a result, committed suicide. What is not readily apparent from the case is that it is not just DOJ that can use the CFAA to enforce terms of use. The CFAA also provides for a civil remedy for companies victimized by violations of the statute.

By Nick Akerman

9 minute read