In theory, a moderator is a sound idea for any individual running a website that allows user interaction. Presumably, moderators can filter out comments and content that is disreputable, disrespectful, and patently offensive. The moderator can keep discourse civil and help foster insightful positions. Perhaps the website can even rely…
Different states have different rules regarding the validity of non-compete agreements. In California, non-compete agreements are heavily disfavored and will usually only be upheld in a limited number of circumstances. When drafting a non-compete agreement, it is important to keep in mind where the employment will be taking place, so…
From the idea of product design, who wouldn’t want to protect more of their products? A producer should be able to profit off the sweat of labor, and creativity that they have mustered to bring the product. Yet, if a design brings utility, then the individual that comes up with…
After this month’s discussion on the statutes that prohibit the unauthorized access of email accounts and digital assets, one might wonder how these statutes may apply in a case. However, in the lengthy saga of Facebook v. Power Ventures, the Ninth Circuit issued a determination giving a bright line example…
What happens to a person’s digital assets when he or she passes away? They still have email, social media, and bank accounts. This could be an uncomfortable topic. However, any unauthorized access to a person’s online account that is password protected will constitute a violation of state or federal law.…
In addition to California’s precautions against unauthorized email access, there are additional Federal measures to protect privacy. Compared to state measures, this gives another way for an individual to seek legal remedies in a federal court. This is broken up into three different statutes, as part of the Electronic Communications…
This article discusses the remedies for unauthorized access to email in the State of California. Now, email is an essential part of our lives and has been granted extensive protections in the state and federal spheres. Beyond that, it can occur in a variety of ways such as: (i) leaving…
There are few things that you consider when forming a cybersecurity framework. Naturally, chief among them are the perpetrators such as hackers who engage in mysterious online threats by constantly adapting to new technology. These hackers might seem indomitable, clever, and always working to break down security. Yet, this is…
In our last blog post, we mentioned eBay, Inc. v. Bidder’s Edge, Inc. While the case wasn’t related directly to ransomware, it creates an important precedent for tort liability. Specifically, it supports the idea that common law torts can be carried out and applied in the digital world. So, what…
Now, we know what ransomware is and a little on how to fight against it. So, what are the applicable statutes and how can you recover? Naturally, after a person pays the ransom, or loses their data, they have been harmed by a violation. This could be potentially devastating to…