The Computer Fraud and Abuse Act CFAA

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The Computer Fraud and Abuse Act CFAA

The Computer Fraud and Abuse Act (CFAA) often forms the basis for claims in computer hacking cases, trade secret cases, and  cases dealing with restrictive covenants, such as cases claiming a breach of a non-compete agreement. In some cases, it is even used as a litigation tool in what seem like run-of-the mill contract cases. 

The CFAA was drafted as an anti-hacking law, meaning a law that prohibited the use of a computer to obtain information, money, or other resources, or to cause damage to the same, without authorization. However, over time, it became a powerful litigation tool. The CFAA includes both criminal and civil sanctions. As this is a civil law firm, that is the focus of this page.

What is Prohibited by the Computer Fraud and Abuse Act (CFAA)

The Computer Fraud and Abuse Act is codified at 18 U.S. Code Sec. 1030 et seq. and includes several sections as follows:

1030(a)(1) Prohibits “knowingly” accessing a computer system that has been determined by the United States Government to require protection against unauthorized disclosure because of national defense, foreign relations, or any restricted data defined by paragraph y of hte Atomic Energy Act of 1954.

1030(a)(2) Prohibits “intentionally” accessing a computer without authorization or exceeding authorized access to obtain a) information contained in a financial record of a financial institution or of a card issuer, b) information from any department or agency of the United States, or c) information from any protected computer.

1030(a)(3) Prohibits “intentionally” accessing a nonpublic computer of a department or agency of the United States.

1030(a)(4) Prohibits “knowingly” and with intent to defraud accessing a protected computer without authorization or exceeding authorized access and obtains through such fraud $5,000 or more in a 1-year period.

1030(a)(5) Generally prohibits causing damage to a protected computer by a variety of means.

1030(a)(6) Prohibits knowingly and with intent to defraud trafficking in passwords that are used to access computer systems that affect interstate or foreign commerce or computers that are used by or for the United States.

1030(a)(7) Prohibits a) threatening to damage a protected computer, b) threatening to obtain information from a protected  computer, and c) demanding money to refrain from damaging or obtaining information from a protected computer.

18 U.S. 1030(g) authorizes a civil action under certain circumstances.

In certain cases, a CFAA claim can be raised to obtain jurisdiction in federal court.

What Types of Cases Raise Computer Fraud and Abuse Act Claims

Given how ubiquitous computer usage has become, CFAA claims are raised in all kinds of cases today. However, they appear frequently in certain types of cases:

Trade Secret Claims: CFAA claims are raised in many – perhaps even most – trade secret cases. Any allegation of improper copying of trade secrets can give rise to a CFAA claim, as can allegations of damaging computer systems.

Tortious Interference Claims: CFAA claims are frequently raised in tortious interference claims, especially in claims involving RFPs and public bids, as well as claims that one competitor managed to access the computer system (or smartphone or tablet) of another.

Restrictive Covenant / Non-Compete Claims: Non-compete claims often involve allegations that an employee copied confidential information before leaving, which can give rise to a computer fraud and abuse act claim.

Contract: In certain rare contract claims, CFAA claims can arise. These cases generally involve claims against software companies or contractors.

Actual Computer Hacking Claims: Computer hacking claims are what the CFAA was actually written to address. And the CFAA is occasionally used to address computer hacking, although it is a lot less common than other types of cases.

Do You Have a Computer Fraud and Abuse Act Issue

If you feel that have a valid CFAA claim, or you have been accused of a Computer Fraud and Abuse Act violation – whether you have actually been sued or not – you will want to speak with experienced counsel. At the Law Offices of Konrad Sherinian, we have dealt with numerous CFAA claims, but in and out of court. 

If you have a CFAA issue, feel free to reach out today, and speak with an experienced CFAA attorney. 

Finally, if you have additional questions, feel free to look at other pages on our site.

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