Financial Technology Law: Computer Fraud

Fraud and related activity in connection with access devices

Computer Fraud & Abuse Act (CFAA)

Fraud and related activity in connection with electronic mail (CAN-SPAM Act)

Wire fraud

Communication interference

Interception and disclosure of wire, oral, or electronic communications prohibited

Unlawful access to stored communications

9/21/20 Int'l Consortium of Investigative Journalists

Think Advisor 6/26/20

Bank Info Security 8/18/21

Eversheds, Sutherland - Lexology blog 10/25/22

Dept of Justice 5/1/24

NPR 1/3/22

Dept of Justice, 6/25/24

US Supreme Court decided in 2023 that the U.S. Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — was not a valid basis for liability under the federal wire fraud statute

US Supreme Court vacates fraud convictions in the Bridgegate case.

Supreme Court decided a person who is authorized to access information on a computer for certain purposes does not violate Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.

9th Circ Court of Appeals reaffirms that webscraping is legal. 4/18/22

Justice Dept. 8/25/20

Computer Crime and Intellectual Property Section Criminal Division, US Dept. of Justice

Cuyahoga County Law Library

Cyberlaw Clinic, Harvard Law School. How not to rule afoul of the Computer Fraud and Abuse Act when doing security research.

Unauthorized use of property - computer, cable, or telecommunication property.

CNN 8/21/18 - including bank fraud and tax fraud.

The transcript.

3/19

7/23/19 Bijan Rafiekian,was convicted of failing to register as a foreign agent.

Politico 9/5/2019

CRS Report 10/9/19

8/2020

CNBC 12/15/20

12/23/20

MSNBC 9/19/21 Has a good discussion of the elements of the crime of making a false statement to the FBI.

Michael Sussman found not guilty of lying 6/1/22

NBC News 10/18/22