In denying a motion to dismiss a civil Computer Fraud and Abuse Act claim, a district court found that a departing employee's purported cover-up of nefarious activity by deleting e-mails from his "sent" and "deleted items" folders on Plaintiffs’ computer system was sufficient to allege damage pursuant to 18 U.S.C. § 1030(c)(4)(A)(i) which provision, however, does not address the issue … Continue reading Loss and Damage Are Not Interchangeable Under CFAA–District Court Blows Right Past CFAA’s “Loss” Requirement in Sysco Corp. v. Katz
Tag: loss
Computer Fraud and Abuse Act Cases Update (March 6, 2013)
Here are some recent Computer Fraud and Abuse Act ("CFAA") cases that have been decided (or published) over the last couple of weeks: Tracfone Wireless, Inc. v. Cabrera, 883 F. Supp.2d 1220 (S.D. Fla. July 11, 2012). Defendant and former employee who engaged in selling stolen TracFone Prepaid Phones violated the unauthorized access with intent … Continue reading Computer Fraud and Abuse Act Cases Update (March 6, 2013)
Plaintiff’s CFAA Claim Dismissed Because of Simple Pleading Error
This blog is full of posts about the Computer Fraud and Abuse Act's requirement that, for a civil claim, the claimant must plead a $5,000 loss. Click here to see. One of the operative words in that sentence is plead -- not argue -- but plead! This means it must be in your pleading which is … Continue reading Plaintiff’s CFAA Claim Dismissed Because of Simple Pleading Error
District Court of Colorado Dismisses CFAA Claim for Failing to Adequately Plead Cause of Action and Loss
The District Court of Colorado granted the Plaintiff's Motion to Dismiss the Counter-Defendants' Computer Fraud and Abuse Act claim for two reasons: (1) Defendants failed to comply with federal pleading standards by only reciting the elements of the claim without any supporting factual allegations; and (2) Defendants failed to properly allege a "loss" but, instead, … Continue reading District Court of Colorado Dismisses CFAA Claim for Failing to Adequately Plead Cause of Action and Loss
Court Finds Insider Redirecting Domain Traffic Not “Interruption of Service” Under Computer Fraud and Abuse Act
In a civil case where a former director, after being removed as director, logged into the company's Internet domain names and redirected traffic away from the company resulting in lost revenue and business opportunities, the court determined that such redirection of traffic away from the company was not an "interruption of service" under the Computer … Continue reading Court Finds Insider Redirecting Domain Traffic Not “Interruption of Service” Under Computer Fraud and Abuse Act