Monthly Archives: November 2009

Proving a CFFA Claim

THE FEDERAL Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, et. seq., provides companies with a powerful legal tool to protect their computer data.  As its inclusion in Title 18 demonstrates, the CFAA was originally enacted as a criminal statute in 1984, but was amended in 1994 to provide victims of computer crime with a civil remedy for both damages and injunctive relief. ß 1030(g).  The CFAA contains seven potential causes of action based on theft and destruction of data, fraudulent use of passwords, hacking and schemes to defraud through unauthorized access to computers. While damages are not to … [ Continue reading ]

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E-Discovery Under CFAA

The computer Fraud and Abuse Act, 18 U.S.C. 1030, a federal criminal statute outlawing various computer crimes, provides a civil remedy for companies victimized by a violation of the statute.  The CFAA expressly permits a private company to sue for compensatory damages and injunctive relief.  18 U.S.C. 1030(g).  In this new digital age, the CFAA is fast becoming recognized as a proactive tool that can be used by companies to retrieve stolen data, prevent its dissemination in the marketplace and obtain compensatory damages resulting from its theft, use and malicious destruction. Court applied the new rules in ‘Ameriwood Industries’ By … [ Continue reading ]

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