The Federal Computer Fraud and Abuse Act

The Federal Computer Fraud and Abuse Act ("CFAA") criminalizes the unauthorized access, or "hacking", of a person's computer . Unauthorized access includes instances where a person has been allowed to use a computer, but goes beyond the scope of authorized access. When such illegal usage of a person's computer results in economic loss of five thousand dollars or more within one year, the CFAA allows a victim to bring suit against the violator within two years of the computer-based fraudulent act for compensatory damages, injunctive or other equitable relief.

Economic loss under the CFAA is defined as "any reasonable cost to the victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system or information to its condition prior to the offense." 18 U.S.C. 1030(e)(11). Thus, the cost of investigating instances of computer hacking, as well as restoring a computer system and lost data, are considered economic loss.

Barr, Post & Associates, PLLC, has extensive experience litigating personal and business-related torts in both State and Federal Court. If you believe you have been the victim of computer fraud, please contact Barr, Post & Associates, PLLC.