Legal Bootcamp for Mobile Developers

SXSW Interactive March 12, 2013

Marcia Hofmann Electronic Frontier Foundation

Charles Mudd, Jr. Mudd Law Offices

#sxsw #bootcamp

Marcia Hofmann

Senior Staff Attorney

Electronic Frontier Foundation

https://www.eff.org

Charles Mudd Jr.

Principal and Founder

Mudd Law Offices

http://www.muddlawoffices.com

what we’ll talk about today

• Common legal issues developers should be aware of when creating mobile apps.

• When they are most likely to crop up.

• How to reduce the likelihood that they’ll create big problems for you.

This is not intended to be legal advice.

Our goal is to help you innovate in the safest way possible, and be able to spot situations

when you should consult with a lawyer.

This is not an exhaustive catalog of every legal issue you might encounter.

I. contracts

when should you think about this?

• Any time you’re presented with an agreement.

• When you’re accessing a device, program, or service created by someone else in the course of developing your app—even if an agreement isn’t immediately obvious.

which agreements?

The documents that set out terms purporting to regulate how people can access and use a

device/program/service.

E.g., end-user license agreements, SDK licenses,

terms of use, carrier contracts

Be sure to check whether more than one agreement might apply to your situation.

Also see whether other agreements/policies are incorporated by reference.

Read them, too.

laws that might apply

Violating an agreement could involve

Breach of contract

Computer intrusion laws…?

what you can do

• Identify and read all agreements as soon as you learn about them.

what you can do

• If possible, don’t agree to them.

what you can do

• If possible, avoid violating them.

what you can do

• If possible, avoid violating them.

• If you think you’ll need to violate them in the course of your app development, speak with a lawyer.

II. privacy

• In the earliest stages of planning, when you’re deciding what consumer data you’ll be collecting/handling/storing/sharing.

• When you’re writing terms of use, privacy policies, and other public representations.

• When you add new functionality to your app or change your data practices.

Federal Trade Commission Act

Children’s Online Privacy Protection Act

California Online Privacy Protection Act

others…?

FTC Act

Among other things, empowers the Federal Trade Commission to prevent

“unfair or deceptive acts or practices in or affecting commerce.”

what’s an unfair practice?

• Injures consumers •  Substantial

• Not outweighed by countervailing benefits • Unavoidable

• Violates public policy

• Unethical or unscrupulous

what’s a deceptive practice?

• Representation, omission, or practice likely to mislead a consumer

• Viewed from the perspective of the reasonable consumer

• Must be material

enforcement action: FrostWire

Mobile app developer designed file sharing app so that it would publicly share users’ photos, videos, documents, and other files by default.

enforcement action: FrostWire

FTC said it was likely to cause consumers to inadvertently disclose personal files stored on their phones and tablets.

Applies to commercial online services

directed at children under 13, or

Applies to commercial online services

directed at children under 13, or

that have actual knowledge that children under 13 are providing them personal information.

main COPPA requirements

• Notice to parents and verifiable parental consent before collecting, using or disclosing personal info from children under 13.

• Maintain children’s info securely.

• Can’t condition children’s participation in activities on collection of more personal info than necessary.

COPPA safe harbor

An operator of an online service may qualify for a safe harbor by following self-regulatory

guidelines approved by the FTC.

http://business.ftc.gov/content/safe-harbor-program

recent COPPA update

• Collection of geolocation, photos, videos, and persistent identifiers triggers COPPA protections.

recent COPPA update

• Rule applies to operators of child-directed sites who integrate plugins or advertising networks that collect personal information.

recent COPPA update

• Rule applies to operators of child-directed sites who integrate plugins or advertising networks that collect personal information.

• Third parties collecting children’s info with actual knowledge that the site/app is child-directed must comply.

enforcement action:

• Path’s social networking app automatically collected personal information from users’ address books without knowledge and consent.

enforcement action:

• User interface was misleading and provided no meaningful choice about collection of personal info.

enforcement action:

• User interface was misleading and provided no meaningful choice about collection of personal info.

• Also, privacy policy misrepresented data collection practices.

enforcement action:

Path also violated COPPA rule by collecting info from about 3,000 kids until 13 without first

• explaining collection, use and disclosure policy for children’s personal info

• giving parents direct notice of any such policy

• obtaining verifiable parental consent before collecting children’s info

CA Online Privacy Protection Act

A commercial web site operator or online service that collects personally identifiable information about California consumers

must conspicuously post a privacy policy.

The privacy policy must:

• Identify categories of personal information collected and third-parties it’s shared with.

• Explain any process for consumers to review and request changes to personal information collected about them.

• Explain how consumers will get notice of material changes.

enforcement action: Delta

California State Attorney General pursuing legal action over the Fly Delta app, claiming it doesn’t comply with the California OPPA.

App collects extensive personal info, but doesn’t have a privacy policy.

what you can do

• Bake in privacy from the start.

what you can do

• Write a privacy policy, and present it to users up front.

what you can do

• Make sure the policy accurately describes your consumer data collection, use, and disclosure practices.

what you can do

• Make sure the policy accurately describes your consumer data collection, use, and disclosure practices.

• Do not misrepresent or gloss over what you do with user data.

what you can do • Use terms that are understandable to normal

people.

• Be especially cautious about sensitive information such as location, photos, address book data.

people.

• Give users meaningful choices about their privacy, and respect their preferences.

people.

• Give users meaningful choices about their privacy, and respect their preferences.

• Design your user interface so that data practices are transparent to the user.

what you can do • Give users plenty of notice about plans to

change your data practices, and give them an opportunity to opt out.

• Disclose any processes for users to review and correct personal information and let them know how they can learn about material changes to policies.

• Make sure you know if you need to comply with the requirements of the COPPA rule.

resources

FTC, Marketing Your Mobile App http://business.ftc.gov/documents/bus81-marketing-your-mobile-app

FTC, Revised COPPA Rule: Five Need-to-Know Changes for Your Business

http://business.ftc.gov/blog/2012/12/ftcs-revised-coppa-rule-five-need-know-changes-your-business

resources

California AG, Mobile Privacy Factsheet https://oag.ca.gov/system/files/attachments/press_releases/n2630_updated_mobile_apps_info.pdf

California AG, Privacy on the Go http://oag.ca.gov/sites/all/files/pdfs/privacy/privacy_on_the_go.pdf

resources

EFF, Best Practices for Online Service Providers

https://www.eff.org/wp/osp

EFF, Who Has Your Back? https://www.eff.org/pages/when-government-comes-knocking-who-has-your-back

III. security

When you’re transmitting or storing users’ sensitive personal information.

Federal Trade Commission Act

Children’s Online Privacy Protection Act

Potentially state consumer protection and data breach laws

enforcement action: HTC

HTC failed to take reasonable steps to secure software in its phones and tablets, introducing security flaws that put consumer data at risk.

enforcement action: HTC

Also, user manual representations and user interface for Tell HTC app were deceptive.

what you can do

• Collect only consumer data that you need to provide your service.

what you can do

• Keep consumer data no longer than necessary to provide your service.

what you can do

• Encrypt data whenever possible.

what you can do

• Encrypt data whenever possible.

• Hash, obfuscate, or otherwise anonymize.

what you can do

• Set up a system for receiving and responding to reports of security vulnerabilities.

what you can do

• Protect against threats from insiders as well as outsider attacks.

what you can do

• Protect against threats from insiders as well as outsider attacks.

• Have your systems independently tested and verified.

resources

Mobile App Developers: Start With Security http://www.business.ftc.gov/documents/bus83-mobile-app-developers-start-security

EFF, Mobile Privacy Bill of Rights https://www.eff.org/deeplinks/2012/03/best-practices-respect-mobile-user-bill-rights

IV. Copyright

The Basics

U.S. Constitution, Art. 1, Sec. 8, Cl. 8

Congress has the power to “promote the Progress of Science and the useful Arts” by granting authors and

inventors exclusive rights in their works for a limited time.

The Basics

United States Copyright

Exclusive Jurisdiction

The Basics

Copyright Manifests Upon Creation

Jon Lovitz and “I’m Picasso”

The Basics

Protecting Your Ideas

ideas not protected by copyright

Idea Must Manifest

When You Begin Your Project

When You Develop an Idea

When You Begin Your Project

Your Original Work

Works of Others

When You Begin Your Work

Be Cognizant of Works of Others

When you’re accessing, copying, using, or hosting someone else’s copyrighted works.

When you’re enabling others to do the things above.

United States Copyright Act

17 U.S.C. § 501, et seq.

Accessing and making copies of someone else’s copyrighted code might involve:

•  Copyright Act (copying)

• Digital Millennium Copyright Act (accessing/enabling others to access)

Copyright Act

•  Protects expressive elements, but not underlying functional elements.

•  Broadly prohibits infringement of copyrighted works, including code.

Copyright Act

Protects software from literal copying

Williams Elec., Inc. v. Artic Int’l, Inc.

Program in Written Form (Object Code) and Imbedded in ROM

Copyright Act

Protects software from literal copying

Apple v. Franklin

Operating System

Copyright Act

Apple v. Franklin

Proof:

“James Huston”

“Applesoft”

Copyright Act

Protects structure, sequence, and organization

Whelan v. Jaslow

What does this mean?

Copyright Act

Non-literal aspects of software potentially copyrightable

Not Ideas

Functional elements may be protectable by patent law

Copyright Act

Be Original in Writing

Do Not Copy (Infringe)

Ideas May Be Same

An important exception: fair use

It’s OK to use copyrighted material for purposes such as research, news reporting, commentary,

criticism, and scholarship under certain circumstances.

Fair use and reverse engineering

If reverse engineering is necessary to gain access to functional processes and ideas,

intermediate copies are fair use.

Fair use and reverse engineering

Be sure that you’re legitimately in possession of the software,

and don’t use someone else’s code

in your final product unless

absolutely necessary.

Secondary Liability

Not all liability must be direct infringement

Secondary Liability

Liability placed on an individual/entity that did not directly infringe the copyright but helped the infringer or benefited from the infringer

For secondary liability, there must be primary liability, i.e. direct infringement by someone else

Vicarious Liability

•  Right and Ability to Control the Infringing Activity

•  Must be actual control; not logical or theoretical

•  Direct Financial Interest in the Infringement

Financial Interest must come from infringing activity

Attracting Customers

Revenue from Incidental Sales

Vicarious Liability

Fonovisa, Inc. v. Cherry Auction, Inc.

Defendant operated a market that rented space for vendors. Vendors sold musical recordings that infringed plaintiff’s copyrights.

Vicarious Liability

Fonovisa, Inc. v. Cherry Auction, Inc.

Vicarious liability because:

•  Defendant had the right to supervise vendors and terminate vendors for

any reason.

•  Defendant made money from incidental sales (parking and admission fees, refreshments) and, as the court concluded, the infringing activities “enhance the attractiveness of the venue to potential customers.”

Contributory Liability

When a defendant,

with knowledge of the infringing activity,

induces, causes or materially contributes

to the infringing conduct of another

Knowledge of infringing activity is key element

Often one party actively encourages another to infringe

Material contribution to infringing activity

Sony Corp. v. Universal City Studios, Inc.

Universal sued Sony for contributory infringement

Universal claimed a Betamax player allowed users

to make infringing copies of their TV shows.

No Contributory Infringement

Betamax was

“capable of commercially significant noninfringing uses.”

It was impossible for Sony to know whether any particular machine will in fact be used for infringing purpose.

Napster

Grokster

contracts revisited

Some agreements forbid reverse engineering.

Can they do that?

So far, the courts say yes.

512 Safe Harbors

17 U.S.C. § 512 gives service providers a few “safe harbor” protections against liability for copyright infringement.

512 Safe Harbors

17 U.S.C. § 512 gives service providers a few “safe harbor” protections against liability for copyright infringement.

One of them shields “conduit” service providers that transmit, route, or provide connections to infringing

material through their systems, as long as….

512 Safe Harbors

The transmission is automatic and doesn’t involve any selection by the provider;

The material is only temporarily stored on the provider’s system; and

The provider doesn’t modify the material in any way.

A Condition

To qualify for the safe harbor, you must have a policy for terminating service to repeat infringers in “appropriate

circumstances,” which you let users know about.

Takeaways

•  If you’re relaying someone else’s packets, you’ve got some strong legal protections.

•  But there are a few things to keep in mind.

Takeaways

•  Be careful about modifying user content.

•  Even when you’re not legally required to police or remove disputed content, you should have a plan for addressing complaints.

Takeaways

•  If someone sends you a nasty letter for doing something protected by Sections 230 or 512, explain the situation, which may help avoid suit. You can work with an attorney to develop a form letter for such occasions.

•  Be transparent.

resources

http://www.chillingeffects.org/dmca512/faq.cgi

http://creativecommons.org/about

what you can do

• Make sure that the copy of the software you’re studying is legally acquired.

•  If you make a copy of someone else’s code for reverse engineering purposes, make sure that you need it to understand how the program functions, and don’t copy more than you have to.

what you can do

If you like code

explore permission and license

what you can do

Do your own coding or hire coders

Creative Commons

Open Source

what you can do

Creative Commons

Creative Commons is a nonprofit organization that enables the sharing and use of creativity and

knowledge through free legal tools.

what you can do

Creative Commons

Creative Commons licenses are not an alternative to copyright.

They work alongside copyright and enable you to modify your copyright terms to best suit your

needs.

what you can do

Avoid making copies of code for purposes other than analyzing how a program works

When studying others’ code, consider asking permission, even if you don’t think you’ll get it.

Digital Millennium Copyright Act

• Can’t circumvent technological measures that effectively protect or control access to copyrighted works.

Digital Millennium Copyright Act

• Can’t circumvent technological measures that effectively protect or control access to copyrighted works.

• No trafficking in tools that are primarily designed, valuable or marketed for (1).

When you need to jailbreak or root a mobile device for purposes of software

development/testing.

important exceptions to basic rule

• Reverse engineering

• Encryption research

• Security testing

• Disabling the collection of your own personally identifiable information

exemption process

•  Library of Congress made clear in 2010 and 2012 that jailbreaking phones doesn’t violate the DMCA.

exemption process

•  Doesn’t apply to jailbreaking other devices (at least, not yet).

exemption process

•  Doesn’t apply to jailbreaking other devices (at least, not yet).

•  Doesn’t authorize the distribution of jailbreaking tools.

V. Communications

Decency Act

When you’re publishing content provided by others.

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information

provided by another information content provider.”

“No cause of action may be brought and no liability may be imposed under any State or

local law that is inconsistent with this section.”

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information

provided by another information content provider.”

“No cause of action may be brought and no liability may be imposed under any State or

local law that is inconsistent with this section.”

elements

Section 230 immunity requires that

• You are a provider or user of an interactive computer service,

elements

•  The legal action treat you as a publisher or speaker of information, and

elements

•  The legal action treat you as a publisher or speaker of information, and

• The information be provided by someone else.

what’s a “provider or user of an interactive computer service”?

A broad variety of Internet users.

what’s a “provider or user of an interactive computer service”?

A broad variety of Internet users.

•  Traditional ISPs

•  Web site operators (including bloggers)

•  App providers

•  Social networking services

•  Search engine operators

•  Users of online services

what kinds of claims can 230 protect against?

All sorts of stuff.

what kinds of claims can 230 protect against?

All sorts of stuff. •  Defamation

•  Unfair competition

•  Negligence

•  Invasion of privacy

•  Breach of contract

•  State criminal laws

•  Infliction of emotional distress

do you have an obligation to police content?

limitations

Immunity applies even if you select, withdraw, or edit user content, but may not apply if you significantly change or

contribute to the meaning of the content.

limitations

You may lose immunity if you supply unlawful content yourself or require users

to answer unlawful questions.

limitations

CDA 230 protects service providers who are treated as publishers or speakers—

but not those treated as promisors.

what’s left?

Alas, 230 has a few exceptions.

what’s left?

It doesn’t protect providers against

what’s left?

Federal criminal laws

what’s left?

State/federal communication privacy laws

what’s left?

State/federal communication privacy laws

Federal intellectual property laws (courts are split on state intellectual property laws)

what you can do

• Enjoy the very broad protection 230 gives you, but understand the contours.

what you can do

• Let users supply information (rather than providing pre-populated answers).

what you can do

• Decide in advance how you’ll respond to requests to remove content.

what you can do

• Decide in advance how you’ll respond to requests to remove content.

• Don’t make promises you won’t keep.

VI. trademarks

The Basics

a design, phrase, symbol, or word that(or combination thereof)

identifies & distinguishes source of goods or services

from those of others

The Basics

Generic

Descriptive

Fanciful

Arbitrary

The Basics

Surnames

Other Nuances

when should you think about this

From the Legal Perspective:

Yesterday

From the Legal Perspective (cont’d):

NO LATER THAN:

When you identify a design, phrase, symbol, or word

you want to use

From the Business Perspective:

As soon as you begin branding discussions

United States

Concurrent Jurisdiction

State and Federal Trademarks

International

Focus on United States…

Why won’t you discuss state trademark law?

Interstate Commerce and the Internet

Federal Trumps State

Unless you intend to be limited in one state,

there exists no incentive or need

to focus on State trademarks

Example:

Apple App Store – Interstate Commerce

Internet Advertising – Interstate Commerce

So…given focus of United States…

…next distinction…

“Prosecution” and Litigation

Trademark Prosecution

Like Patent Prosecution,

the filing of the application and the

registration process

Trademark Registration

So…let’s use Trademark Registration

(again, focusing on federal trademark registration)

Word versus Stylized Mark

In Use versus Intent to Use

Pre-Approved Descriptions

versus

Custom Descriptions

Classes of Goods and Services

Timing

Office Actions

Publication

Renewal

Presumptiveness

Exclusive Right to Use

in Class

Except for Use Prior to Registration

Publication in Register

Use of ®

Additional Remedies in Litigation

Trademark Litigation

Renewal

Presumptiveness

Trademark Litigation

•  15 U.S.C. §§ 1114,1125: Infringement

•  15 U.S.C. § 1125: Dilution (Tarnishment/Blurring)

•  15 U.S.C. § 1125: Unfair Competition Law

•  State Unfair Competition Law •  Passing off

•  Reverse Passing Off

•  Misappropriation

•  Trade/Product Disparagement

Resources

www.uspto.gov

www.google.com

what you can do

Search USPTO

Search Engines

Due Diligence

what you can do

Avoid Similar Marks

Be Creative

Protect Your Marks

VII. patents

The Basics

U.S. Constitution, Art. 1, Sec. 8, Cl. 8

Same authority that gives congress the power to enact copyright protection gives Congress the

authority to enact patent protection

The Basics

Exclusivity with United States PTO

Except Internationally…

The Basics

Not everything is patentable…

New, Non-Obvious, Useful Inventions

The Basics

…some things once patented may be available…

The Basics

Due Diligence

Helps Avoid the Trolls

Advanced

America Invents Act

“…More than First to File…”

From the Legal Perspective:

Yesterday

From the Legal Perspective (cont’d):

NO LATER THAN:

As soon as you have an idea

From the Business Perspective:

As soon as you have your idea

United States

United States Patent Act

35 U.S.C. §§ 1, et seq.

Various types of patents

utility, process, plant, design

business method

…and software…

…but falls within one or more of other categories…

Owner of patent obtains

exclusive rights to patented material

for a limited period of time

Which means…

Right to exclude others from making, using, selling, offering to sell, distributing or importing

things that practice the patented invention

Not everyone agrees with software patents

…even among software developers

software inventions too incremental to justify costs

questions whether incentive exists for software patents

Remedies

On finding infringement of a valid patent…

…shall not be less than reasonable royalty…

Remedies

determination of “reasonable royalty”

Remedies

25% RULE

Reasonable royalty 25% of expected profits

…not so fast…

Remedies

Estimate made of profits

divided by expected net sales

resulting profit rate x 25% = royalty rate

Remedies

Critique of 25% Rule

Remedies

Together with interest and costs

Interpreting the Parent Act

Diamond v. Diehr, 450 U.S. 175 (1981)

Opened door to software patents

Interpreting the Patent Act

In re Bilski

Upheld software patents but w/ caveats

Some software-related inventions may not qualify as patentable subject matter

Some may lack sufficient novelty or are obvious (to a person skilled in the art of computer programming)

Resources

www.uspto.gov

www.google.com/patents

www.google.com

Resources

Real World Examples

what you can do

Search USPTO

Search Engines

Due Diligence

what you can do

The Politics of NDAs

VIII. electronic

communications

why discuss?

Privacy

Background

Considerations in Development

why discuss?

Role as Employer

At concept level

At design and development level

At implementation level

what laws might apply?

Federal and State laws

International laws

Federal Statutes

Electronic Communications Privacy Act

Stored Communications Act

Computer Fraud and Abuse Act

Electronic Communications and Privacy Act 18 U.S.C. § 2510, et seq.

§ 2511 criminalizes

Intentional interception oforal, wire or electronic communication

Discloses

Question: What is interception (……still debated…..)

Question: What is electronic communication?

• 

Civil Remedies

generally any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used

Relief

Preliminary, declaratory and other equitable

Reasonable attorney’s fee and costs

Damages, either

(a) actual plus profits OR

(b) statutory ($100/day or $10,000)

Employers cannot:

use any devices to intercept wire, oral, or electronic communication use or disclose any information obtained through these methods disclose or obtain unauthorized access to stored communications

THREE EXCEPTIONS

If one party has given prior consent

Business extension exception Certain interceptions OK in the ordinary course of business

Provider exceptions Certain interceptions OK on internal communications systems

Consent

requires only that one party to the communication consent to its interception and access (but be wary of stricter statutes)

Providers

employers who own and provide their own e-mail or instant message systems are exempt

Not applicable if interception occurs in

“ordinary course of business.”

Email Monitoring - ECPA

Emails considered “communications” by the ECPA

Steve Jackson Games, Inc. v. United States Secret Service

816 F. Supp. 432 (W.D.Tex. 1993), aff'd,

36 F.3d 457 (5th Cir. 1994)

Email Monitoring - ECPA

Reading and deleting messages stored on employee’s computer was not an interception under the Wiretap Act.

Generally, for an employee to sue under the ECPA, the email must be intercepted while being transferred (and likely for everyone else)

whoever--

intentionally accesses without authorization a facility through which an electronic communication service is provided; or

intentionally exceeds an authorization to access that facility; AND…..

Stored Communications Act (18 U.S.C. § 2701)

thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished . . .

(REMEMBER - CRIMINAL STATUTES)

Civil Remedy Very similar to ECPA except minimum statutory of $1,000

Punitive if willful determination

Duty as Provider

Providers generally cannot disclose contents of communications except in certain instances.

General Thoughts

Harsher penalties when done for malicious purposes or commercial advantage

Certain permission creates exceptions

General Thoughts

Provides exception for “the person or entity providing a wire or electronic communications service.”

Thus, courts have been favorable to employers when e-mails occur on employer-created e-mail servers.

General Thoughts

BUT BE WARY…..MISPERCEPTION

City of Ontario, California v. Quon, et al.

SCA Question

In storing texts, was Arch Wireless acting as a “remote computing service” or an “electronic communication service”?

If remote computing service, it could disclose, as subscriber was the City employer.

Impact of Quon on Use of Employer Devices

by Employees will continue….

Email Monitoring - SCA

Provides exception for “the person or entity providing a wire or electronic communications service.”

A court has held that employers whose computer terminals and software were integral in the communications systems fell under this exception

Many other cases have also allowed access under this theory

Email Monitoring - Common Law

One MA case allowed invasion of privacy claim to go forward where

Employees could choose own passwords, no policy against personal emails, and the supervisor spent 8 hours reading through emails

Most challenges have not been successful

Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030)

Prevents Unauthorized Access or Exceeding Authorized Access

to Computers in a

Variety of Contexts

Contexts

National Security

Financial Information

Information from Government…

…and…

Contexts

Protected Computer

Financial institution or related

Interstate or Foreign Commerce

Protected Computer

…… and Causes Damage

Civil Remedy

Anyone harmed BUT….

…one of 5 types of damages…

Most Common

(I) loss to 1 or more persons during any 1-year period

aggregating at least $5,000 in value;

Also…

affecting medical examination, diagnosis, treatment, or care physical injury to any person;

a threat to public health or safety;

damage affecting a computer used by or for an entity of US

Must be

Unauthorized Access

Exceeding Authorized Access

Key Question….

Snap-on Business Solutions Inc. v. O'Neil & Assocs., Inc. (N.D. Ohio April 16, 2010)

(Examined Agreements, question of fact denied MSJ)

LVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009)

(access not automatically unauthorized if disloyal)

International Airport Centers, LLC v. Citrin, 440 F.3d 418 (7th Cir. 2006)

(employee who violates duty of loyalty, no authorization)

US v. Drew, 259 F.R.D. 449 (C.D. Cal. 2009)

(violation of TOS not enough)

CFAA Post Aaron Swartz

EFF Proposal

Resources

www.eff.org

www.epic.org

what you can do

Privacy

Social Media Policy

Employee Internet Policy

what you can do

Consult an Attorney

feedback, please! http://sxsw.tv/d8e

questions?

marcia@eff.org

cmudd@muddlawoffices.com

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