Why Two District Courts Dismissed Valid Computer Fraud and Abuse Claims for Lack of Jurisdiction

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Two federal district courts, one in Maryland and the other in Texas, dismissed what each court considered to be valid civil claims under the Computer Fraud and Abuse Act (“CFAA”). Title 18 U.S.C. § 1030. The CFAA is the federal computer crime statute that provides a civil cause of action to “any person who suffers damage or loss by reason of a violation of the” statute. The ground for dismissal in each case was the lack of federal jurisdiction for failure to meet the CFAA’s jurisdictional requirement of $5,000 in loss. Costar Realty Information, Inc. v. Field, 2010 WL 3369349 *14 (D. Md. August 23, 2010); M-I LLC v. Stelly, 2010 WL 3257972 (S.D. Texas, Aug. 17, 2010).

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Published In: Business Torts Updates, Civil Remedies Updates, Intellectual Property Updates, Labor & Employment Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nick Akerman, Dorsey & Whitney LLP | Attorney Advertising

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