Pleading computer fraud damages
Written by Keenan W. Ng
Plaintiffs seem to have difficulty pleading damages related to computer fraud violations, including the Computer Fraud and Abuse Act (18 U.S.C. §1030), the Stored Communications Act (18 U.S.C. § 2701), the Electronic Communications Privacy Act (18 U.S.C. § 2501), and the California Computer Data Access and Fraud Act (Cal. Penal Code § 502). While litigants simply seem confused as to what they are allowed to ask for, pleading damages is a fairly straightforward process as most courts interpret the requisite sections by their plain meaning.
Computer Fraud and Abuse Act
The CFAA does not allow for traditional compensatory damages. Rather, the statute allows for the recovery of loss and damage as defined by the statute.