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Corporate misappropriation and espionage of numerous trade secrets have often increased due to the internet age. Increasingly, sensitive and proprietary data is often stored in the cloud or within emails that are protected by passwords. Companies are now vulnerable to increased rates of attacks by hackers, competitors, and former employees who want to gain access to profits and company secrets. The Computer Fraud Act of the United States Constitution Section 1020 provides that a forceful or powerful legal tool to fight any form of unauthorized access to a company’s network of computers, email accounts, and servers violates the law.
At our law firm, we represent businesses in civil lawsuits that concern Computer Fraud and Abuse Act businesses. In most cases, such litigations include additional claims that are misappropriated for the trade secrets as well as the Stored Communications Act violations. If you have a business that is a risk, from any form of third party access to the network of your computer, be sure that we have the capability to handle the case and provide you with the most experienced litigation representation to proprietary data and protect intellectual property.
Types of Activities Considered as Computer Fraud
Computer fraud has increased these days because of the wide use of the internet. Identity theft is one of the most common computer fraud where someone steals another person’s information, or falsely files for a hard money loan. Other common activities concerning computer fraud include:
• Copying or deleting company sensitive files or information
• Privacy – Downloading movies and songs illegally
• Romance scams that involve dating and cat fishing websites
• Computer hacking – Trying to gain access to the information you don’t have the necessary rights to access.
• Fraud schemes – sending mass emails or putting up a website about the fraudulent opportunities in business.
Computer Fraud and Abuse Act Civil Lawsuit Claims
The CFAA is one of the federal statutes that were enacted by the Congress to help businesses reduce incidences concerning hacking into the federal government computer network hacking as well as computers in a financial institution used for interstate commerce. The application of the act was expanded to cover any computer in the internet world during this millennial age. Our law firm is extensively experienced in offering the right representation plaintiffs in the CFAA litigations. Our clients, in most cases, are businessmen who own email networks, individual computers, and servers that were hacked by former employees and competitors.
The CFAA also provides civil and criminal penalties. In such cases, law enforcement may also not elect to bring them forth as criminal charges. However, such businesses also have the capability to maintain a lawsuit that is aside from any prosecutorial decision. For you to hold a CFAA claim maintained, the plaintiff must prove that the defendant accessed the computer without authorization knowingly. With such respect to the non-governmental computers, such access must have caused a loss of at least $5,000 as damages, or it must have been performed with the intention of defrauding as well as resulting in obtaining valuable information or trade secrets.
If your company has fallen prey for unauthorized access to their computer network, it is imperative to act as fast as you can. Our law company is often experienced in filing the CFAA litigations as well as obtaining the preliminary injunctions that are often required the defendant to return the trade secrets that might have been misappropriated immediately. Inability or failure to act within the shortest time will impact your future revenues and sales negatively.
In some cases where you are not aware of the identity of the defendant, we are always rich in the necessary skills and knowledge to obtain the evidence to prove the identity of the wrongdoers. Working with a computer forensics expert is one of our main focus is to provide the necessary evidence of the wrongdoer in a court of law. This is imperative to gain the prompt relief to increase leverage a settlement case if it is deemed necessary to prove some damages the business owner should receive as compensation.
Defending Computer Fraud and Abuse Act Cases
As the Long Island Computer Fraud lawyers, we understand both sides of the United States law. Most plaintiffs overreach in bringing over their CFAA litigations to intimidate their former employees as well as their competitors. In this case, our defendants have always been represented to win their litigations. Our lawyers understand the defense mechanism to use it to get the case dismissed on the judgment summary.
Plaintiffs must work to prove that the access to networks and computers was unauthorized. Computer fraud is a very serious crime. For this reason, you can face a prison sentence for many years or be forced to pay large fines to have the victim compensated. If you are accused of computer fraud, be sure to consult an experienced lawyer to learn more about your defenses, rights, and other complicated systems.