The Computer Fraud and Abuse Act (“CFAA”) amends the federal criminal code to change the scienter requirement from “knowingly” to “intentionally” for certain offenses regarding accessing the computer files of another. It revises the definition of “financial institution” to which the financial record provisions of computer fraud law apply. It…
Ireland’s Data Protection Commission (“DPC”) has reached its final decision related to Meta Platforms Ireland Limited (“MPIL”) which is Facebook’s data controller in that country. The DPC announced last month that it will be imposing a fine of €265 million against the company and will issue a set of corrective…
The Cybersecurity and Infrastructure Security Agency (“CISA”) released the second version of its cloud security Technical Reference Architecture (“TRA”) several months ago. CISA is the country’s cyber defense agency that works with other interagency partners to improve cybersecurity. The purpose of the TRA is to outline the suggested approaches to…
The franchise and business opportunity rules mandate sellers to issue a clear and concise disclosure document at least ten days before the consumer pays funds. The document must include the following information: Names, addresses, and telephone numbers of other purchasers; Fully-audited financial statement of the seller; Background and experience of…
The federal Lanham Act (“Lanham Act”) allows civil actions for false advertising that misrepresents the nature, characteristics, qualities, or geographic origin of goods or services. See 15 U.S.C. § 1125(a) stating in relevant part as follows: (1) Any person who, on or in connection with any goods or services, or any…
It is not legal or ethical to engage in false or misleading advertising for selling products or services. This is especially true when the advertising harms consumers or competitors in violation of state or federal laws. A business that uses misleading words for the sale of a product or service…
It’s a crime when you use interstate wire communications (e.g., phone, radio, television, internet) to engage in a scheme to defraud or to obtain money by false pretenses. Wire fraud is one type of cybercrime that takes place by using technology. In most cases, the culprit uses some kind of…
Wire fraud can be considered a white-collar crime. The government usually relies on the wire fraud statute if other types of criminal statutes such as healthcare fraud or bank fraud would not be applicable. There are several prima facie elements for wire fraud as we have discussed in previous articles.…
A person can be prosecuted for wire fraud when there is reliable evidence of a scheme to defraud another by using electronic communications such as wire, radio or television. The defendant must be part of a fraudulent scheme and have a specific intent to commit the fraud. In some cases,…
The United States Department of Commerce has issued a declaration regarding global cross-border privacy rules. These privacy rules are designed to promote data flows with privacy protections. The participants (which include Canada, Japan, Republic of Korea, Philippines, Singapore, Chinese Taipei, and United States of America) have declared that: (1) the…