The slides are from a Continuing Legal Education seminar entitled "Computer Fraud and Abuse Act: A Lunch Sampler With A Little Something for Everyone"
I presented to the Dallas Bar Association on August 22, 2011.
If you have any questions please feel free to contact me at www.shawnetuma.com
Nell’iperspazio con Rocket: il Framework Web di Rust!
Computer Fraud and Abuse Act CLE - Dallas Bar Ass'n (8.22.11)
1. Computer Fraud andAbuse Act A Lunch Sampler With A Little Something For Everyone Dallas Bar Association Computer Law Section August 22, 2011 Shawn E. Tuma www.shawnetuma.com
30. 12 Steve Jobs says … Do you know who Steve Jobs is? Do you know what Steve Jobs recently said? “Everything has a computer in it nowadays.” www.shawnetuma.com
32. 14 What is a computer? The CFAA says “the term ‘computer’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but …” “such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;” www.shawnetuma.com
33. 15 What is a computer? The Fourth Circuit says “If a device is ‘an electronic … or other high speed data processing device performing logical, arithmetic, or storage functions,’ it is a computer. This definition captures any device that makes use of an electronic data processor, examples of which are legion.” -United States v. Kramer www.shawnetuma.com
34. 16 What is a computer? What about www.shawnetuma.com
35. 17 Anything with a microchip The Fourth Circuit says “’Just think of the common household items that include microchips and electronic storage devices, and thus will satisfy the statutory definition of “computer.”’ “’That category can include coffeemakers, microwave ovens, watches, telephones, children’s toys, MP3 players, refrigerators, heating and air-conditioning units, radios, alarm clocks, televisions, and DVD players, . . . .” -United States v. Kramer www.shawnetuma.com
36. 18 What is a “protected” computer? The CFAA applies only to “protected” computers This may limit the problem of applying it to alarm clocks, toasters, and coffee makers Protected = connected to the Internet Any situations where these devices are connected? www.shawnetuma.com
71. 27 Civil Remedy What is a “loss”? “any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.” Loss = cost (unless interruption of service) www.shawnetuma.com
99. 33 Basic Elements Elements of broadest CFAA Claim Intentionally access computer; Without authorization or exceeding authorized access; Obtained information from any protected computer; and Victim incurred a loss to one or more persons during any 1-year period of at least $5,000. www.shawnetuma.com
110. Wrongful Access Two Types of Wrongful Access “without authorization” Outsiders No rights Not defined Only requires intent to access, not harm Hacker! “exceeds authorized” Insiders Some rights CFAA defines: use in a way not entitled Necessarily requires limits of authorization Employees, web users, etc. 37 www.shawnetuma.com
185. 55 Proposed Amendments Will tougher criminal penalties help? The Real Question: Is it possible to keep data secure from being breached? www.shawnetuma.com
Good afternoon, thank you all very much for having me here to speak today. My name is Shawn Tuma and I am an attorney at Shields, Britton & Fraser in Plano.I have a peculiar interest in the Computer Fraud and Abuse Act and have been watching as it has developed over the last several years and then, within the last 6 mos. or so has become one of the most relevant laws anywhere.
First CLE presentationApril 2000 – Y2K Litigation!
Today giving you a sampler platter!A broad overview with enough information that will valuable to all lawyers, regardless of practice.
Who knows what movie this was from?Anyone remember?Early 80s - 1983
Movie War Games!
The first stab at the CFAA was this.Began to fear that with advancing technology the wire and mail fraud laws wouldn’t be sufficient.
Then we get the CFAA
Why? Because this is the primary law that is used to pursue those who misuse a computer to commit crimes, defraud, etc. Computers are everywhere and are involved in virtually everything!
CFAA’s definition of computer:Remember the “But”!!!
Protected Computer – more narrowLimits – some, for nowThink of homes where everything is automated via connection to the internet.
TI-99 was my first computer in early 80s.Daughter Clara (who started kindergarten today) has a Leapster!
To put it into perspective, compare the fastest desktop of the 80s withClara’s LeapsterCray SupercomputeriPhone 4!Now you see why, what seem silly to us today, clearly falls within the technical criteria for what the drafters initially considered to be a computer.
Now that we know what it applies to, let’s take about what the CFAA prohibits.
This is an overly broad generalization but, generally speaking, the CFAA prohibits wrongfully accessing a computer where the person
Not too long ago I was talking with someone about a case they had involving criminal indictment for the CFAA.I offered help but was rebuffed – told: “I’ve read the statute, I’ve got it”Ok – best of luck to you (and your clients!)!
What would your advice, as a lawyer, be in this situation?
Have you heard these words lately???
Personal Information – PI = your name and a combination of the other information.
This is what is currently the most common proposed amendments.
Who knows what this beauty is?Better yet, who knows why I have included it?
Why? (Remember what Steve Jobs said last December – everything has a computer in it nowadays!)The CFAA is what is most commonly used to deal with misuse of computers.
Presentation slides – available on my website: www.shawnetuma.comThis was taken from an article coming out in Fall 2011 in the University of South Carolina Law Review – the article will also be available once it is published.