United States v. Favio Gasperini: The Click-fraud Botnet Case

The Court affirmed defendant's conviction of misdemeanor computer intrusion in violation of 18 U.S.C. 1030(a)(2)(C), a provision of the Computer Fraud and Abuse Act of 1986 (CFAA). The court held that defendant's challenge to the constitutionality of section 1030(a)(2)(C) failed because the statute was not unconstitutionally vague and, even if the statute's application may be unclear in some marginal cases, defendant's conduct fell squarely and unambiguously within the core prohibition of the statute. The court also held that the district court did not err by denying defendant's motion to suppress evidence obtained pursuant to search warrants issued under the Stored Communications Act and obtained during searches of defendant's home in Italy. The court rejected defendant's challenge to the authentication of screenshots of websites registered to defendant for use in the click fraud scheme, which were captured and stored by the Internet Archive, and maintained as business records of that entity.


Gonzales v. Uber: The CFAA and Invasion of Privacy Case

Gonzales sued Uber as a putative class action for Lyft drivers whose electronic communications and whereabouts were allegedly intercepted, accessed, monitored, and/or transmitted by Uber. Uber filed a Motion to Dismiss the claims of invasion of privacy and the Computer Fraud and Abuse Act. The Court analyzed the elements of each claim and dismissed the case but gave the Plaintiff leave to properly amend the lawsuit.