Loss doesn’t require damage under computer law

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 24, 2021 11:52 AM

The Computer Fraud and Abuse Act provides a private right of action when unauthorized access to a computer causes “damage” or “loss,” as defined by the statute. In a CFAA case where the plaintiff contends unauthorized sharing of login credentials caused losses that include (1) income it expected to receive from 134 customers who switched to the defendants’ new software product (2) costs for a technical investigation and (3) legal fees, the question for U.S. District Judge Iain D. Johnston was whether the defendants were …

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