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Strategy Against Scrapers
Today's leading case relating to the Computer Fraud and Abuse Act, 18 U.S.C. '1030 (CFAA) is United States v. Nosal, 676 F.3d 854 (9th Cir. 2012). In the Nosal case, the Ninth Circuit, in an en banc decision, expressed great concern over imposing criminal liability under the CFAA for violations of private computer use policies like website terms of use. The Ninth Circuit notes that if use restrictions are subject to criminal liability under the CFAA violations of those user policies could be transformed into criminal crimes simply because a computer is involved. As such, the Ninth Circuit believes the CFAA should be narrowly interpreted. Using this narrow interpretation regarding access restrictions, a district court in California found a CFAA violation in the Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. Aug. 16, 2013); and Craigslist Inc. v. 3Taps Inc., 2013 WL 1819999 (N.D. Cal. April 30, 2013), cases.
Craigslist Ruling
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.