David Nosal, a former executive of Korn /Ferry
international, will stand trial on charges he broke into the recruiting firm’s
computerized database and stole information to use in a rival executive search
business. The case, which yielded a key decision narrowing the 1984 computer
fraud and abuse act, gets under way before US District Judge Edward Chen in San
Francisco. The jury will consider whether Mr. Nosal is guilty of 3 computer
hacking charges, one conspiracy count, and two charges for theft of trade
secrets. The computer fraud and abuse act known as CFAA was used in one high
profile case where Missouri mother Lori Drew used a MySpace account to taunt a
teenage girl. When the girl Megan Meyer, committed suicide, prosecutors in the
Central District of California charged her under a theory that her violation of
the MySpace user agreement constituted unauthorized access to a computer. A
different provision of the statute is central to the prosecution of several
individuals who are accused in 2010 of a cyber attack on Pay Pal Inc. in
retaliation for the company’s actions against WikiLeaks founder Julian Assange.
The concern of civil and criminal practitioners is the statute may give heavy
criminal and civil sanctions for violations of terms of service that people don’t
even read. How many people actually read the terms of services before they
except them ? Contact in Atlanta lawyer today with help on your case.
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