Hacking and Violations of the Computer Fraud and Abuse Act
CNN posted an article yesterday concerning charges brought against a former TV anchor for accessing a colleague’s e-mail accounts and releasing details of her personal life. [Article] The charges arise from the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030), which was passed in 1986 to address the hacking of computer systems.
While the charges brought against the former TV anchor are of a criminal nature, many employers and attorneys do not realize that the Computer Fraud and Abuse Act may also be used in civil litigation, particularly against any wrongful conduct perpetuated by competitors, former employees, etc. Specifically, a civil claim under the Computer Fraud and Abuse Act may be brought against any person who:
knowingly causes the transmission of a program, information, code or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage;
provided that the conduct (or attempted conduct, if it had been successful) causes, or would have caused, a loss of at least $5,000.00 in value during a one year period.
The Computer Fraud and Abuse Act also provides a claim against those who knowingly, and with intent to defraud, traffic in computer passwords or any other information that would allow a computer to be accessed without authorization, provided that such trafficking affects interstate or foreign commerce.
