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The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person accesses a computer “without authorization” or “exceeding authorized access.” However, as a result of differing opinions among federal circuit courts, the scope of actionable conduct under the CFAA remains unclear. And due to high-profile cases such as United States v. Nosal and Facebook v. Power Ventures, the CFAA has recently drawn increased attention from practitioners and scholars alike — often hoping for the Supreme Court to end the lack of clarity under the statute. This has not yet happened. Nevertheless, this attention has led to the issue of when and how can password sharing be subject to criminal (and civil) liability.
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China Finalizes New Regulations to Relax Personal Data Exports from China
By Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
The Perfect Storm: Why Contract Hiring In Privacy Will Eclipse Direct Hiring In 2024
By Jared Coseglia
With significantly fewer fully remote positions available in 2023, active job seekers were faced with the question of whether to begin considering compromises on work-from-home flexibility or compromise in other areas like compensation, vertical mobility, quality of life, or employment modality.
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
By Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.
A Roadmap for Implementing Information Governance In Law Firms
By Gregg Parker
In today's digital age, the volume of data generated and managed by law firms has skyrocketed, presenting both opportunities and challenges. Unfortunately, in parallel with this exponential growth in data, and partially as a direct result of it, law firms have also experienced a significant increase in targeted cyberattacks.