Computer Fraud and Abuse Act

Cumulative Supplement

Cases:

Hotel licensee's spoofing of licensor's computers, in and of itself, constituted the unlawful, intentional transmission of a program, code or command that caused damage within meaning of Computer Fraud and Abuse Act (CFAA). 18 U.S.C.A. § 1030(a)(5)(B)(i). Four Seasons Hotels and Resorts B.V. v. Consorcio Barr, S.A., 267 F. Supp. 2d 1268 (S.D. Fla. 2003); West's Key Number Digest, Telecommunications 461.15.

Computer Fraud and Abuse Act: Any "loss" actionable under Computer Fraud and Abuse Act (CFAA) is subject to Act's damages minimum, even though "loss" is mentioned separately from "damages" in CFAA provision creating right of action on part of anyone "who suffers damage or loss by reason of" violation; separate use of "loss" was intended to target remedial expenses as opposed to direct damage caused by computer "hacker." 18 U.S.C.A. § 1030(e)(8)(A), (g). In re DoubleClick Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D. N.Y. 2001); West's Key Number Digest, Telecommunications 461.15.