Internet Lawyer: Internet Attorney: Internet Law Firm

Unauthorized Access to Email and Hacking Issues

In today’s day and age, there are multiple opportunities for your email, social media or other accounts to be hacked.  While hacking carries with it the connotation of some underground or black hat actor in some far, far away land, the reality is that hacking issues may crop up in various forms.  One particular area that is regularly the subject of discussion surrounds the unauthorized access to another’s email account, emails and attachments to those emails.  This fact scenario may arise in an employer and employee relationship, in a divorce case or in some other kind of business or commercial transaction.  So if you believe that your email has been hacked or there has been some kind of unauthorized access, you need an internet lawyer to review and analyze so as to be in position to advise. 

 

There are multiple criminal and civil statutes that may be applicable.  The Computer Fraud and Abuse Act (CFAA), 18 USC 1030, is one that requires there be an intentional access to a computer without authorization or in excess of any authorization, so as to allow the person accessing it to obtain information from a protected computer so long as the conduct involves interstate communication.  The CFAA has been interpreted both narrowly and broadly by courts throughout the United States, and therefore it is important to understand the facts in order to advise as to its applicability.  Nevertheless, there are damage thresholds, as well as statute of limitations, that should always be at the forefront of your mind in the event that you have been subject to an unauthorized access issue.  

 

Another option may be available via the Stored Communications Act (SCA), 18 USC 2701.  Similar to the CFAA, the SCA has its own requirements, namely that there be an intentional access without authorization to a facility through which an electronic communication service is provided or that the access intentionally exceeds authorization.  As a result, the person with access obtains, alters or prevents authorized access to a wire or electronic communication while it is in electronic storage in such a system.  Like the CFAA, the SCA provides for both civil and criminal relief.  It also allows for recovery of actual damages, punitive damages for willful or intentional access, as well as costs and attorney fees.  

 

The Electronic Communications Privacy Act (ECPA), 18 USC 2510, may also be applicable so long as there is a qualifying interception of an email message during the course of transmission.  

 

State laws, including the Uniform Trade Secrets Act (UTSA) and other statutes or common laws may also be applicable in the event of an unauthorized access to an email account.  Put simply, if you believe that you have been subject to an unauthorized access to email offense, it will be important to document and be able to explain to an Internet lawyer your issues so that he or she may determine which of the above causes of action may be applicable, if any. 

A Registrar Could be in Trouble for ‘Papering the House’

Network Solutions could be in a lot of hot water for papering the house with their .XYZ domain name to thousands of their domain owners.  What ‘papering the house’ means is  the giving away large amounts of tickets to increase audience numbers in hopes to create a positive word-of-mouth that was suffering from lackluster ticket sales.  This is quite often done in the music, sports and entertainment industry.  And what Network Solutions did was similar, in the fact that they gave away to some of their .com domain owners the same-term domain name in .XYZ without their knowledge or approval to hopefully boost interest in the .XYZ domain.  It is speculated that Network Solutions did this because the registration figures for their .XYZ domains lower than expected and was most likely hoping that increasing their rankings, which this action pushed it to #4, and would create more interest of the .XYZ to potential domain name buyers.  

Donuts & .coffee and more

Donuts, Inc., is one of the largest internet domain name registries, that is offering some of the new gTLDs.  They have launched more than 100 new gTLDs since in late 2013. Some of those included .coffee, .clothing, .domains, .marketing, .bargains, .singles and .vacations.  Donuts has scheduled to launch another 30+ gTLDs from May to June 2014.  Those include such TLDs as .associates, .university, .clinic, . surgery, .dental, .church, .fitness, .cash and .tax. 

In addition to the Trademark Clearinghouse Sunrise service, which entitles trademark holders to additional protection measures of their trademarked domains, Donuts provides additional IP protection measures called Domain Protected Marks List, which allows trademark holders to block their marks from being registered at the second level  of all Donuts’ TLDs.  

For more information about Donuts’ gTLDs and how to obtain a domain under their new gTLDs that is representative of your protected trademarks, contact one of our experienced lawyers and attorneys.  

Who is the Best Internet Lawyer?

If you are looking for an internet lawyer who specializes in internet issues, the first thing you should do is Google your exact problem.  Most internet lawyers are pretty prolific in terms of blogging.  They share their internet law expertise online.  Chances are, you will find an attorney who has addressed your specific issue previously.  You need to match your specific legal problem to an internet lawyer who has addressed your specific problem. 

Internet law is a very broad field.  There are lots of different aspects of technology on the web which are addressed.  For instance, I work with a group of top internet lawyers in North America. These are the best of the best.  It never ceases to amaze me how each of our practices are different from the other.  When you are looking for the best internet lawyer, you should focus on finding the best internet lawyer for your specific issue.

You should also speak to that attorney on the phone and make sure you are comfortable with their approach in terms of their business model and attorney fees.   There are lots of different business models out there for the law field.  You should find a match that you are comfortable with.  Chances are, you will do business with this particular lawyer at some time, and perhaps for years to come.  Your relationship should be comfortable, open and encourage communication.