My Blog About Cyber Laws

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

The CFAA applies to all companies and all computers that are connected to the Internet. Potentially, there are multiple, distinct types of violation of the statute that could support a civil action. On a recurring issue in such cases- whether the defendant had authorization for his actions; the courts look at several factors:

-whether the defendant was an agent of the plaintiff's, with particular powers;

-whether an employment contract, such as may have been embodied in company rules and policies, was breached; and

-whether the defendant's use of the computer exceeded normal use that was expected by the plaintiff.

In recent court decisions, a real estate business was allowed to proceed with a civil action against a former employee for violations of the CFAA. In violation of his employment contract, the employee decided to quit and start a competing business. Before he returned the company's laptop, he deleted all of the data in it, including data that would have revealed his misconduct. Knowing that "deleted" filed can be retrieved, he erased the incriminating data by loading into the laptop a secure erasure program.

All of this, if proven in court, violated the CFAA as "transmission" of a program that damaged the computer (defined to include files in the computer), and as intentionally accessing the computer without authorization. Although the employee had not yet left his job when he installed the program, by law any authorization he might have had evaporated as soon as he violated the duty of loyalty to his employer.

In another case brought under the CFAA, a tour company secured an injunction against a competing company run by one of its former employees. The ex employee improperly used confidential information from his former employer to enable his new company to glean pricing data from his former employer's website, so that his new enterprise could effectively undercut those prices.

Although the website was open to anyone, the unauthorized use of the confidential information, combined with the use of a "scraper" software program, violated the CFAA. On top of the injunction, the plaintiff could recover, as compensable "loss" under the CFAA, the thousands of dollars it had paid in computer consultant fees for the diagnostic work after the defendant's conduct was discovered.

Copyright (c) 2011 Scott Carlyon

Scott Carlyon founded The Law Office of R. Scott Carlyon, P.C. in 1992. The firm has served its clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Tx. Learn more at http://www.BusinessLegalCounselor.com

Article Source:http://EzineArticles.com/?expert

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don't hesitate to contact a federal criminal defense attorney immediately.

The Law Offices of Guy L. Womack & Associates, P.C. is conveniently located in North Houston, Texas. Their firm has been providing their clients with outstanding defense representation for all sorts of federal and state criminal offenses. Whether your case is going to military, state or federal court, they have the knowledge, experience and tools necessary to protect your legal rights. A member from their legal team is prepared to meet with you in person for a free consultation. They would like to provide you with both sound advice and potential defense strategies that may aid in your defense. Their goal is to help their clients obtain the best possible outcome in the charges against them. They will search for any mitigating circumstances that might get the charges against you reduced or dropped entirely. You are urged to contact a Houston federal criminal defense lawyer from their firm at (800) 990-8762 today.

Article Source:http://EzineArticles.com/?expert

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

The CFAA applies to all companies and all computers that are connected to the Internet. Potentially, there are multiple, distinct types of violation of the statute that could support a civil action. On a recurring issue in such cases- whether the defendant had authorization for his actions; the courts look at several factors:

-whether the defendant was an agent of the plaintiff's, with particular powers;

-whether an employment contract, such as may have been embodied in company rules and policies, was breached; and

-whether the defendant's use of the computer exceeded normal use that was expected by the plaintiff.

In recent court decisions, a real estate business was allowed to proceed with a civil action against a former employee for violations of the CFAA. In violation of his employment contract, the employee decided to quit and start a competing business. Before he returned the company's laptop, he deleted all of the data in it, including data that would have revealed his misconduct. Knowing that "deleted" filed can be retrieved, he erased the incriminating data by loading into the laptop a secure erasure program.

All of this, if proven in court, violated the CFAA as "transmission" of a program that damaged the computer (defined to include files in the computer), and as intentionally accessing the computer without authorization. Although the employee had not yet left his job when he installed the program, by law any authorization he might have had evaporated as soon as he violated the duty of loyalty to his employer.

In another case brought under the CFAA, a tour company secured an injunction against a competing company run by one of its former employees. The ex employee improperly used confidential information from his former employer to enable his new company to glean pricing data from his former employer's website, so that his new enterprise could effectively undercut those prices.

Although the website was open to anyone, the unauthorized use of the confidential information, combined with the use of a "scraper" software program, violated the CFAA. On top of the injunction, the plaintiff could recover, as compensable "loss" under the CFAA, the thousands of dollars it had paid in computer consultant fees for the diagnostic work after the defendant's conduct was discovered.

Copyright (c) 2011 Scott Carlyon

Scott Carlyon founded The Law Office of R. Scott Carlyon, P.C. in 1992. The firm has served its clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Tx. Learn more at http://www.BusinessLegalCounselor.com

Article Source:http://EzineArticles.com/?expert

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don't hesitate to contact a federal criminal defense attorney immediately.

The Law Offices of Guy L. Womack & Associates, P.C. is conveniently located in North Houston, Texas. Their firm has been providing their clients with outstanding defense representation for all sorts of federal and state criminal offenses. Whether your case is going to military, state or federal court, they have the knowledge, experience and tools necessary to protect your legal rights. A member from their legal team is prepared to meet with you in person for a free consultation. They would like to provide you with both sound advice and potential defense strategies that may aid in your defense. Their goal is to help their clients obtain the best possible outcome in the charges against them. They will search for any mitigating circumstances that might get the charges against you reduced or dropped entirely. You are urged to contact a Houston federal criminal defense lawyer from their firm at (800) 990-8762 today.

Article Source:http://EzineArticles.com/?expert

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don't hesitate to contact a federal criminal defense attorney immediately.

The Law Offices of Guy L. Womack & Associates, P.C. is conveniently located in North Houston, Texas. Their firm has been providing their clients with outstanding defense representation for all sorts of federal and state criminal offenses. Whether your case is going to military, state or federal court, they have the knowledge, experience and tools necessary to protect your legal rights. A member from their legal team is prepared to meet with you in person for a free consultation. They would like to provide you with both sound advice and potential defense strategies that may aid in your defense. Their goal is to help their clients obtain the best possible outcome in the charges against them. They will search for any mitigating circumstances that might get the charges against you reduced or dropped entirely. You are urged to contact a Houston federal criminal defense lawyer from their firm at (800) 990-8762 today.

Article Source:http://EzineArticles.com/?expert

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

The CFAA applies to all companies and all computers that are connected to the Internet. Potentially, there are multiple, distinct types of violation of the statute that could support a civil action. On a recurring issue in such cases- whether the defendant had authorization for his actions; the courts look at several factors:

-whether the defendant was an agent of the plaintiff's, with particular powers;

-whether an employment contract, such as may have been embodied in company rules and policies, was breached; and

-whether the defendant's use of the computer exceeded normal use that was expected by the plaintiff.

In recent court decisions, a real estate business was allowed to proceed with a civil action against a former employee for violations of the CFAA. In violation of his employment contract, the employee decided to quit and start a competing business. Before he returned the company's laptop, he deleted all of the data in it, including data that would have revealed his misconduct. Knowing that "deleted" filed can be retrieved, he erased the incriminating data by loading into the laptop a secure erasure program.

All of this, if proven in court, violated the CFAA as "transmission" of a program that damaged the computer (defined to include files in the computer), and as intentionally accessing the computer without authorization. Although the employee had not yet left his job when he installed the program, by law any authorization he might have had evaporated as soon as he violated the duty of loyalty to his employer.

In another case brought under the CFAA, a tour company secured an injunction against a competing company run by one of its former employees. The ex employee improperly used confidential information from his former employer to enable his new company to glean pricing data from his former employer's website, so that his new enterprise could effectively undercut those prices.

Although the website was open to anyone, the unauthorized use of the confidential information, combined with the use of a "scraper" software program, violated the CFAA. On top of the injunction, the plaintiff could recover, as compensable "loss" under the CFAA, the thousands of dollars it had paid in computer consultant fees for the diagnostic work after the defendant's conduct was discovered.

Copyright (c) 2011 Scott Carlyon

Scott Carlyon founded The Law Office of R. Scott Carlyon, P.C. in 1992. The firm has served its clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Tx. Learn more at http://www.BusinessLegalCounselor.com

Article Source:http://EzineArticles.com/?expert