Category Archives: U.S. Supreme Court

Facebook files suit against Ukrainian man who allegedly scraped data about 178 million users

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Facebook filed a lawsuit against a Ukrainian man in a federal court Friday for allegedly using third-party services to gather information about 178 million users, then selling that information. Defendant Alexander Solonchenko is accused of using automated tools in 2018 and 2019 to retrieve information about users by looking up their phone numbers through Facebook’s Messenger Contact Importer.  Solonchenko in 2020 started advertising the Facebook data for sale on RaidForum, a marketplace for data leaks where he had sold data from other private companies, the lawsuit says. He sold the data in 2021. The social media giant argues that Alexander Solonchenko violated Facebook’s terms of service by “using automated means…or attempt[ing] to access data you don’t have permission to access.” The company now is seeking an injunction preventing Solonchenko from accessing Facebook and its products as well as an injunction that would stop Solonchenko from selling or distributing any data […]

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Forensic Focus Legal Update July 2021: Reliability And Credibility Of Digital Evidence

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This quarter’s edition of our legal update starts with a look at improving digital forensics experts’ credibility, as well as the reliability of the evidence they find — all while dealing with rapidly advancing technology Two recent academic pape… Continue reading Forensic Focus Legal Update July 2021: Reliability And Credibility Of Digital Evidence→

After Van Buren, are Data Scraping Cases Barred?

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The federal computer crime law makes it both a criminal offense and a civil offense (you can sue for damages or loss) for someone to “access a computer without authorization” or to “exceed authorized access” to a computer, and then do certain proscrib… Continue reading After Van Buren, are Data Scraping Cases Barred?→

Supreme Court Limits Scope of Computer Crime Law

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Nathan Van Buren was a police officer in rural Georgia. As such, he had lawful access to both the National Crime Information Computer (NCIC) and the Georgia Crime Information Center (GCIC) with the understanding that he could use the computer for “law… Continue reading Supreme Court Limits Scope of Computer Crime Law→

Supreme Court To Decide Scope of Federal Hacking Law

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For more than 30 years, the federal computer hacking statute has been used by companies to sue employees (and former employees), competitors and even customers and users who violate their rules on the use of computers, computer databases and data glea… Continue reading Supreme Court To Decide Scope of Federal Hacking Law→

When are Privacy Violations Sufficient to Sue?

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In order to get into court – particularly federal court – a party has to demonstrate that they have “standing” to sue — that is, that they have personally suffered some kind of concrete and demonstrable harm as a result of someone el… Continue reading When are Privacy Violations Sufficient to Sue?→

Forensic Focus Legal Update December 2020: Refining Search & Seizure; New Laws & Guidance

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The fourth quarter of 2020 has seen some significant legal developments when it comes to digital evidence. In this issue (which also happens to be the anniversary of the inaugural Forensic Focus Legal Update), we highlight:

Search warrant reform &he… Continue reading Forensic Focus Legal Update December 2020: Refining Search & Seizure; New Laws & Guidance→

Supreme Court considers scope of federal anti-hacking law in biggest cyber case to date

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Several U.S. Supreme Court justices, including some of President Donald Trump’s appointees, skeptically questioned a broad interpretation of the main federal anti-hacking law during oral arguments Monday. The hearing represented one of the final steps in the biggest case to come before the nation’s highest court involving the Computer Fraud and Abuse Act (CFAA), written in the 1980s. The case centers on when an individual “exceeds authorized access” to a computer, as defined by that law. The law has long held a contentious place in the cybersecurity world, where it’s viewed as hopelessly vague, outdated and overly punitive. One CFAA prosecution that drew particular criticism was that of Aaron Swartz, an internet activist who took his own life before he was scheduled to stand trial for allegedly downloading articles from an academic database, in a case where he faced decades in prison if convicted. The case now before the Supreme Court involves defendant Nathan […]

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Security researchers slam Voatz brief to the Supreme Court on anti-hacking law

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A group of high-profile cybersecurity specialists doesn’t want mobile voting firm Voatz to have the last word before the Supreme Court takes up a case with major implications for computer research. The security practitioners, including computer scientists and vulnerability disclosure experts, on Monday criticized Voatz’s argument that a federal anti-hacking law should only authorize researchers with clear permission to probe computer systems for vulnerabilities. An amicus brief filed by Voatz earlier this month, the security specialists charged, “fundamentally misrepresents widely accepted practices in security research and vulnerability disclosure.” At issue is the Computer Fraud and Abuse Act (CFAA), a more than 30-year-old law that legal experts say could be abused to target good-faith researchers who break systems while trying to them more secure. The Supreme Court is set to consider whether corporate terms of service can be considered an inviolable boundary under the CFAA when it resumes in October. Legal experts and technologists see the […]

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Voatz urges Supreme Court to not protect ethical research from prosecution

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If the mobile voting firm Voatz actually is interested in working with security researchers who can examine their technology, the company sure has an odd way of showing it. Massachusetts-based Voatz on Thursday filed an amicus brief to the Supreme Court, arguing that only security researchers with clear permission should be authorized to probe systems for vulnerabilities. The filing came as part of a Supreme Court case in which justices are poised to reconsider the Computer Fraud and Abuse Act, a 1986 federal law that prohibits access to computers without the owner’s consent. Researchers have said the anti-hacking law is overly vague, and could criminalize activities ranging from innocuous internet habits, like sharing passwords, to important anti-discrimination research. A group of law scholars previously asked the court to allow ethical security tests. Voatz, which advertises an internet-based voting platform in a market dominated by more established voting machine manufacturers, has […]

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