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Password-Sharing May Be a Federal Crime under the Muddied Waters of the CFAA
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.
The CFAA's Muddy Waters
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.