While the federal Computer Fraud and Abuse Act (“CFAA”) permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the fact that the CFAA is at its core a criminal statute. Nyack Hospital v. Moran, 2010 WL 4118355 (S.D.N.Y. June 1, 2010) neatly illustrates the importance of being able to prove the criminal elements of the statute in order to obtain a civil remedy – damages or injunctive relief.
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