San Francisco & Bay Area Criminal Defense Lawyers

Background In 1986, Congress enacted the Computer Fraud and Abuse Act, or CFAA. The Act, codified in 18 U.S.C. § 1030, criminalizes unauthorized access of “any protected computer.” A “protected computer" is a “computer used in or affecting interstate or foreign commerce or communication.” 18 U.S.C. § 1030(e)(2)(B). Notably, the Act is a criminal statute that provides for both criminal and civil liability.  18 U.S.C. § 1030(g).  De spite being a criminal statute, civil actions under the CFAA represent the largest number of opinions interpreting the Act. This civil litigation is useful for understanding several key provisions and terms of the Act. Types of Offenses This table is adapted from the Department of Justice’s Computer Crimes manual, “ Prosecuting Computer Crimes .” Punishment Under the Computer Fraud and Abuse Act This table is adapted from the Department of Justice’s Computer Crimes manual, “ Prosecuting Computer Crimes .” Notable C...

University of Kansas professor, Feng “Franklin” Tao, was recently indicted on one count of wire fraud and three counts of program fraud. Assistant Attorney General Demers for National Security explained , “Tao is alleged to have defrauded the U.S. government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university.” The indictment alleges that Tao signed a contract with Fuzhou University, located in China, in May 2018. While under the Fuzhou University contract, Tao also worked as an assistant professor at the University of Kansas’ Center for Environmentally Beneficial Catalysis, or CEBC. His research was funded through multiple grants from the U.S. Department of Energy, as well as the National Science Foundation. If convicted of wire fraud, Tao faces up to 20 years in prison, and up to 10 years in prison for each count of program fraud.  

A federal grand jury recently indicted Google's former wunderkind, Anthony Levandowski, on 33 counts of theft and attempted theft of trade secrets, in violation of 1 8 U.S.C. § 1832. The charges relate to self-driving car technology developed by Waymo, Google's sister company.  In January 2016, Mr. Levandowski resigned from Google. Shortly thereafter, Uber hired him to work on their autonomous car technology.  The indictment states that before leaving Waymo,  Mr. Levandowski downloaded more than 14,000 documents related to Google's self-driving car technology. In a written statement , Mr. Levandowski's attorneys state, " This case rehashes claims already discredited in a civil case that settled more than a year and a half ago. The downloads at issue occurred while Anthony was still working at Google—when he and his team were authorized to use the information. None of these supposedly secret files ever went to Uber or to any other company.” These alleged 14...