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Sun, 08 Feb 2026 07:10:15 -0800
Andy from private IP, post #19480802
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The Computer Fraud and Abuse Act

A vastly under-utilized law in civil litigation is the Computer Fraud and Abuse Act, 18 U.S.C. sec. 1030. I've had several opportunities to sue under this law,
which is done in Federal court and provides severe remedies and penalties for civil violations.

The result in all of these cases is that the defendant is caught completely off guard, because they never expected this or had no idea that their conduct
violated this particular law. The law is so broad and comprehensive in terms of remedies that it just makes sense to use it whenever possible, starting with the
ability to go into Federal court on Federal Question jurisdiction for only a $5,000 minimum. There is no easier way to get a Federal Question into Federal
court. Essentially, any time a person commits fraud on a computer that's connected to the internet or that belongs to a bank, or exceeds the scope of authorized
access, and the victim can show a loss of $5,000 or more, the person is subject to the remedies in this law.

The case study I usually talk about with this law is Sigari v. Banasik, 5:24-CV-01816-EJD in the Northern District of California. What's funny about this one is
that everyone handling the case is such a kind, nice, polite person-- Judge Davila has been great, my opposing counsel Greg Rougeau is in my Hall of Fame
because he has a golden heart plus excellent legal ability, and of course I am also gentlemanly and polite (I think). So it's hilarious that all these polite,
genuine people are politely fighting over whether the defendant violated the CFAA. We have no trial date yet because the case depends on some proceedings in the
parties' underlying divorce in state court, but I think late 2026 or early 2027 will be possible. I'm looking forward to taking this one to trial because it is
squarely in the center of the CFAA-- essentially, the defendant locked out his spouse from her computer accounts, hacked into her portal and changed the bank
information in order to siphon off as much as millions of dollars from her business, impersonated her company with a fake pharmaceutical-type venture, and did
other things like that, many of which are within CFAA. The First Amended Complaint should provide a good background.  Man, I wouldn't want to be on the
receiving end of that one!

Basically, if you are a technically proficient lawyer who understands computers, you should always consider application of the CFAA to your case, because many
situations fit within its parameters. I'm not sure what else to provide than the Sigari complaint, because that says it all with this case. I guess I can
provide the application for a Temporary Restraining Order, which provides legal argument and was granted. Feel free to reach out with any questions.

https://www.watters.law/articles/10-CFAA.php

#LawFirm #Technology 


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