Perry F. Sofferman - PERRY F. SOFFERMAN, P.A.

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Lavabit Case Raises Key Issues on Internet Security
Data Breaches Trigger Notification Requirements
Children’s Online Privacy Protection Act – What Is It?
Proper Handling of DMCA Takedown Notices is Essential
DMCA Takedown Notice Must be Sent in Good Faith


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Computer Fraud and Abuse Act

U.S. District Court Refuses to Dismiss Craiglist’s Computer Fraud Claim Against 3Taps

In the Craigslist, Inc. v. 3Taps Inc. et al case, involving the alleged scraping by 3Taps of Craigslist content for use on its own, competitive site, the U.S. District Court for the Northern District of California refused to dismiss Craigslist’s claims under the Computer Fraud and Abuse Act.   Finding for Craigslist, U.S. District Court Judge Charles R. Beyer wrote, “Here, under the plain language of the statute, 3Taps was “without authorization” when it continued to pull data off of Craigslist’s website after Craigslist revoked its authorization to access the website.

The Computer Fraud and Abuse Act - What is It?

The Computer Fraud and Abuse Act of 1984, 18 U.S.C. §1030, which has been frequently amended, makes it illegal to knowingly access a computer without proper authorization, or in a manner that exceeds authorization, (i) in order to gain certain statutorily defined information or (ii) that is used by a financial institution, the federal government or in interstate or foreign commerce or communication.
In addition, the statute prohibits the access of a protected computer in order to commit fraud or obtain something of value, cause damage by knowingly transmitting harmful items, traffick in computer passwords, or engagw in extortion by threatening to damage a computer.