A Cybercrime Flashback: The Morris Worm Case Read more

A Cybercrime Flashback: The Morris Worm Case

Going back on a trip down memory lane… back when cyber criminals did short jail sentences followed by lucrative consulting gigs.  Times have changed and now hackers that are caught generally get longer sentences and are banned from working with computers.  In any event, Mr. Morris was convicted under the Computer Fraud and Abuse Act […]

The CFAA And Employee Computer Access Read more

The CFAA And Employee Computer Access

Can an employee appropriate his employer’s files for personal benefit while employed?  The Court of Appeals for the 5th Circuit thinks so… Well at least in the context of the Computer Fraud and Abuse Act.  This act is about exceeding authorized access.  If the employee has authorized access but chooses to use that access to […]

Automattic’s Victory – Will it Deter DMCA Abuse? Read more

Automattic’s Victory – Will it Deter DMCA Abuse?

Automattic is the owner of WordPress.com, the popular blogging and website development software.  Some time ago, Automattic sued two parties for using the notice-and-takedown provision of the Digital Millennium Copyright Act (“DMCA”) to silence criticism. According to the Automattic Complaint, the parties abused the provision and were liable for damages under 17 U.S.C. § 512(f) for […]

Cybersecurity: Stuck Between Advanced Hackers, Government  Regulators, and Liability Read more

Cybersecurity: Stuck Between Advanced Hackers, Government Regulators, and Liability

Cyber attacks occur every second of every day. The frequency and sophistication of the attacks
continues to rise. With the increased sophistication and the proliferation of corporate espionage and nation-state actors, the days of curious teen hackers trying to prove their worth are behind us.
Now the threat is bigger and better financed, the stakes are higher, and government intervention changes the landscape. Cybersecurity
is now a top priority for businesses and government.

We start with a brief summary of some of the recent major cyber attacks. This list is purposely kept short as to show only the more “elite” type of attacks that are shaping the new cyber landscape.
Given their level of sophistication, these attacks frequently require in-depth analysis by computer forensics
. Here, we are focusing on the legal aspects only.

Timeline of Advanced Cyber Attacks

Advanced Cyber Attacks of 2010: One Word: STUXNET

Stuxnet makes clear that cyber attacks have escalated to new heights. The Stuxnet worm damaged Iranian uranium enrichment centrifuges. Stuxnet temporarily knocked out some of the
centrifuges at Iran’s Natanz nuclear facility. This caused a delay to Iran’s uranium enrichment program. This attack was very effective and stealthy, giving birth to the new cyber warfare.

Advanced Attacks of 2011

China: Its “Comment Group” penetrated the Diablo Canyon nuclear plant operated by Pacific Gas & Electric Co. The breach was reportedly facilitated through a breach of a senior nuclear
planner’s computer. There is no indication of intent to damage the target. Reconnaissance is …

Copyright Law: Pornographers Following RIAA’s Shakedown Tactics Read more

Copyright Law: Pornographers Following RIAA’s Shakedown Tactics

At this Internet law firm, we are no strangers to copyright litigation. From whether website reviews are copyrightable to defending individuals caught in the RIAA’s
use of the Department of Justice to do RIAA’s litigation in the form of criminal copyright infringement
.  Now the pornographers are here and they are taking a page out of the RIAA’s playbook. It appears that the pornographers’ strategy is to file lawsuits against
unidentified parties, issue subpoenas and follow up with threatening letters to the identified individuals demanding payment of a few thousand dollars. These individuals are accused of
utilizing bit torrent software to infringe on the copyrights. Multiply the $2k to $3k requested from each identified “John Doe” times a few hundred defendants in several jurisdictions and the
pornographers can feasibly make more money through lawsuits than through selling their product.

To further the strategy, pornographer Patrick Collins filed an action in the U.S. District Court for the Eastern District of Virginia against 58 different unidentified (John Doe) defendants. The
case is Civil Action No: 3:11CV531. We were retained by one of the “John Doe” Defendants. We identified a number of problems
with Plaintiff’s case, not the least of which is the joinder of totally unrelated parties on the same litigation. After seeing this situation, we filed a Motion to Quash on behalf …

Attorney Domingo J. Rivera wins Summary Judgment in Computer Trespass Case Read more

Attorney Domingo J. Rivera wins Summary Judgment in Computer Trespass Case

In another pioneer decision, attorney Domingo J. Rivera obtained summary judgment in a case involving an ex-husband accessing his
wife’s email and social network accounts without authorization.

There has been some discussion in the news about a Michigan man that
criminally charged with with accessing his wife’s computer accounts.  Some commentators have argued that utilizing the computer hacking statutes to prosecute these acts is overreaching, but so
far, the courts have provided little guidance on this issue.

Many Federal and State computer crime statutes provide not only criminal, but also civil remedies for the victims. Recently,
attorney Domingo Rivera handled one of these civil cases.  As is the case for many pioneering cases handled by attorney Domingo Rivera, this was a case that other attorneys expressed doubt about and that opposing counsel openly

In this case, the opposing party claimed that the divorce property settlement agreement barred our client’s claims and filed a counterclaim against our client for breach of the agreement. We also
obtained summary judgment dismissing this claim against our client.

The Court not only agreed with the legal argument advance by attorney Domingo Rivera, but also granted summary judgment. 
Obtaining summary judgment means that we prevailed as a matter of law and that a trial to establish liability was not necessary.   The Court expertly discussed the standard for summary judgment:

In determining whether summary judgment is appropriate, the burden is placed on the …

U.S. v. Cassim: Domingo Rivera obtains first Federal “music piracy” jury trial defense victory Read more

U.S. v. Cassim: Domingo Rivera obtains first Federal “music piracy” jury trial defense victory

Today, a federal jury acquitted Adil Cassim who was represented by Domingo J. Rivera.  The United States Department of Justice had alleged that Adil Cassim was the leader of Rabid Neurosis (“RNS”).  On the DOJ website, the press release alleged that “according to the indictment, the defendants, led by Cassim for a period of time, […]