INTELLECTUAL PROPERTY LAW: Computer Fraud and Abuse Act

By Peter J.G. Toren

The Computer Fraud and Abuse Act (CFAA) remains the primary statute used to prosecute hackers. While the CFAA is still primarily a criminal statute, Congress amended it in 1994 to provide a private cause of action if a violation causes “loss” or “damage” as those terms are defined in the CFAA.

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