Cyber-Torts, Cyber-Crimes, and Computer Fraud and Abuse
Siebman Forrest attorneys are highly experienced in litigating cases involving cyber-related issues. Our attorneys have served in leadership roles in organizations and taught at conferences where the focus is on the intersection of law and technology. Being on the cutting edge of this expanding area of law empowers our attorneys to build strategies for our clients that consider not only where the law is today, but where it may be tomorrow. Having represented both plaintiffs and defendants in cyber-centric cases, Siebman Forrest attorneys have the depth of experience needed to navigate these complex issues.
The Computer Fraud and Abuse Act (CFAA) was enacted in 1986 to address computer hacking. It covers a breathtakingly broad range of conduct, including intentionally accessing a computer without authorization or exceeding any authorization granted.
When coupled with a well-drafted set of policies and procedures limiting the authorized use of business computers to legitimate business-related activities, the CFAA can be a very powerful tool in protecting a business’s electronically stored information and intellectual property. This same breadth also makes it ripe for abuse. In our modern lives, very little can be accomplished without computers and the data managed and stored by them. As a result, turning garden-variety conduct into a federal cause of action is rather easy if a computer is involved.
In addition to providing a private cause of action and a means of recovering damages and obtaining an injunction, the CFAA also provides criminal penalties. For example, accessing a computer and obtaining information without permission carries a penalty of one to five years in prison on a first conviction and up to 10 years on a second conviction.
The knowledgeable attorneys at Siebman Forrest provide insight and advice on best practices for protecting electronic data, computer networks, and computer-stored intellectual property from internal and external threats. When an attack on your data or IP occurs, Siebman Forrest is prepared to file suit to seek damages and obtain injunctions.
Siebman Forrest is equally prepared to aggressively defend your interests whenever a competitor or other third-party seeks damages or injunctive relief against you using these very broad cyber-statutes. In the event that the allegations have criminal implications, and many times they do, the reputation and credibility of Siebman Forrest is something clients can count on in their corner.