“intentionally access[ing] a protected computer without authorization” that causes damage to a “protected computer.” 18 U.S.C. § 1030(5)(A)(i). Damage. Some of the CFAA provisions require that “damage” be proven in the form of “impairment to the integrity or availability of data, a program, a system, or information.” 18 U.S.C. § 1030(e). Civil and Criminal Remedies. Punishments range from fines to imprisonment for up to 20 years depending on the nature of the offense. “Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages or injunctive relief or other equitable relief.” 18 U.S.C. § 1030(g). Damage must cause a loss aggregating at least $5,000 in value during any one-year period to one or more individuals. 18 U.S.C. § 1030(e). Exceeding Authorized Access. In some cases, under the CFAA, a violation is triggered when one “exceeds authorized access.” This means to “access a computer with authorization and to use such access to obtain or alter information in the computer that the accessor is not entitled so to obtain and to alter.” 18 U.S.C. § 1030(e) (6).
Electronic Communications Privacy Act (ECPA) [18 U.S.C. §§ 2510-3127]
The Electronic Communications Privacy Act (ECPA) was passed in 1986 to expand and revise federal wiretapping and electronic eavesdropping laws. It was envisioned to create “a fair balance between the privacy expectations of citizens and the legitimate needs of law enforcement.” Congress also sought to support the creation of new technologies by assuring consumers that their personal information would remain safe. Phone Conversations. ECPA includes the Wiretap Act, [18 U.S.C. §§ 2510-2522], the Stored Communications Act (SCA), [18 §§ 2701-2711], and the Pen Register Act, [18 U.S.C. §§ 3121-3127]. Wire communication refers to “any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, 52
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