Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

Transmission Claims Under the Computer Fraud and Abuse Act

By Richard Raysman
January 31, 2013

The Computer Fraud and Abuse Act (“CFAA”) prohibits a number of different computer crimes, the majority of which involve accessing computers “without authorization” or in excess of authorization, and then taking specified forbidden actions, ranging from obtaining information to destroying computer data. See 18 U.S.C. ' 1030(a)(1)-(7). Although principally a criminal statute, the CFAA provides for a private civil right of action, allowing for awards of damages and injunctive relief in favor of any person who suffers a loss due to a violation of the Act. See 18 U.S.C. ' 1030(g). Given the allure of robust remedies in federal court, companies routinely plead CFAA unauthorized access claims ' in addition to state law causes of action for misappropriation and breach of contract ' against former employees who seek a competitive edge through the use of information misappropriated from their former employer's computer network.

Beyond CFAA “authorization” claims, parties have also sought to use the CFAA in cases involving unauthorized “transmissions” of information that cause damage. To state a transmission claim, a plaintiff must allege that the defendant “knowingly cause[d] the transmission of a program, information, code, or command, and as a result of such conduct, intentionally cause[d] damage without authorization, to a protected computer.” 18 U.S.C. ' 1030(a)(5)(A). Unlike other subsections of the statute which prohibit unauthorized access, a CFAA transmission claim is predicated on the defendant intentionally causing unauthorized damage. The CFAA defines the term “damage” as “any impairment to the integrity or availability of data, a program, a system, or information.” 18 U.S.C. ' 1030(e)(8).

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.