The Department of Justice Announces Revised Computer Fraud and Abuse Act Charging Policy
On Thursday, the Department of Justice announced a revision to its longstanding charging policy for cyber-based crimes under the Computer Fraud and Abuse Act. The DOJ explained that, under the newly-revised policy, “good-faith security research should not be charged.”...
How Will the Ninth Circuit’s Decision in United States v. Yates Impact the Future of Federal Fraud Prosecutions?
Beginning in March 2020, the Supreme Court and the Ninth Circuit have decided several significant fraud cases clarifying the contours and applicability of the federal fraud statutes. First, the Ninth Circuit decided United States v. Miller, holding that wire fraud...
Securities & Exchange Commission v. Ripple Labs Inc.: The Case That May Decide the Fate of Cryptocurrency
Introduction Between Reddit’s populist uprising (and eventual win) against Wall Street execs, Spike Lee’s starring role in a Coin Cloud commercial, and Dogecoin co-founder’s announcement that crypto is a scam, cryptocurrency is a hot topic. Among the many...
Drunk Driving and the Fourth Amendment: How Lange v. California Limits Exceptions to Warrantless Entry
Background When Arthur Lange zipped past police – windows down, music blaring, horn honking – police got suspicious, and their suspicions only grew when Mr. Lange, ignoring the lights and loud commands to pull over, drove on. He pulled into his driveway and stumbled...
Julia Jayne Named Super Lawyer for the 11th Year in a Row
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The Supreme Court Narrows the Scope of the Computer Fraud and Abuse Act
The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
Primary Caregiver Diversion: How This California Law Looks Towards the Next Generation
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
Quarterly Update: How California and the Federal Government Have Addressed Mass Incarceration, COVID-19, and Gun Violence
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
What is the Difference Between Corporal Injury on a Spouse and Domestic Battery in California?
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...