Computer Fraud and Abuse Act Lawyer
The Computer Fraud and abuse Act (CFAA), codified under 18 U.S.C. § 1030 applies to both civil cases and criminal prosecution. An Internet Lawyer with our firm has knowledge of the Computer Fraud and Abuse Act and can explain to you the legal application of the Computer Fraud and Abuse Act.
Although the Computer Fraud and Abuse Act was originally enacted to target computer hackers and computer crackers, the Computer Fraud and Abuse is being applied far beyond the Act’s original intent. Our Computer Fraud and Abuse Act Attorneys may assist you in recognizing and resolving violations of the Computer Fraud and Abuse Act.
A violator of the Computer Fraud and Abuse Act is one who:
i. Knowingly;
- ii. Accesses a computer;
- iii. Without authorization; to
- iv. Obtain information;
- v. From a protected computer; and
- vi. Conduct involves Interstate or foreign communication.
If you are served with a civil or criminal complaint or accusation of violations to the Computer Fraud and Abuse Act, our Computer Fraud and Abuse Act Attorneys are ready to assist you to protect your legal rights. Similarly, if someone accesses your computer system without authorization and obtains information from the computer, our Computer Fraud and Abuse Act experienced attorney can assist you in protecting your rights.
Some important Court decision regarding the Computer Fraud and Abuse Act include:
America Online, Inc. v. LCGM, Inc., 46 F.Supp.2d 444 (E.D.Va., 1998)
ISP brought action against operators of web sites, and principals of those operators, alleging that defendants sent unauthorized and unsolicited bulk e-mail. The Court held that Defendants violated 18 U.S.C. § 1030(a)(2)(C) of the Computer Fraud and Abuse Act, which prohibits individuals from “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing] information from any protected computer if the conduct involved an interstate or foreign communication.” Defendants used their AOL membership to harvest the e-mail addresses of AOL members. Defendants have stated that they acquired these e-mail addresses by using extractor software programs. Defendants’ actions violated AOL’s Terms of Service and such was unauthorized.
Physicians Interactive v. Lathian Systems, Inc., 2003 WL 23018270 (E.D.Va., 2003)
Plaintiff filed a Motion for a Temporary Restraining Order and Preliminary Injunction, and Motion for Limited Expedited Discovery contending that Defendants secretly hacked Plaintiff’s website and stole their confidential customer lists and computer software code. The Court held that the Plaintiff showed probable cause to demonstrate that Defendants directed two computer attacks against its website and computer file server. The attacks appeared more likely than not to fit within the definition of 18 U.S.C. § 1030(a) (4). These attacks were an unauthorized entry into Plaintiff’s website. The activity was geared towards copying confidential data. The end result was the loss to Plaintiff of something of value – a significant amount of its confidential customer list information.
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