Any business that has a computer with access to the Internet, or that has an internal network used by employees, should be aware of the laws addressing hacking, computer theft, cyber-trespassing, and other unauthorized access to computers and networks. If another person or entity, such as a competitor, has hacked into your computer network, or if your business has been accused of unauthorized access of a network, we have the experience and knowledge to help you navigate through the relatively new laws in this area.
Most states have their own laws regarding hacking, which is also known as "unauthorized access" of computer systems. There is also a federal statute which prohibits hacking and unauthorized access. The federal Computer Fraud and Abuse Act (the "CFAA") is a criminal statute that also allows for private lawsuits upon violations. If someone has compromised the security of your system, or if you are accused of unauthorized access, you need to be aware of this law.
The CFAA deals not only with hackers, but also with persons who have exceeded the scope of their authorized access. For example, consumers who share their passwords, competitors who uses web "spiders" or other bots to gather information on your website, and current or former employees who copy files on your network that are beyond their authorization, all could be liable for exceeding the scope of their access under the CFAA.
The CFAA recognizes that a cyber-attack can both damage your business directly as well as cause you to incur a significant amount of costs in responding to the hacking or unauthorized access. At Kronenberger Rosenfeld we have the experience to put you on the best footing possible in taking legal action under the CFAA, or defending yourself from allegations of hacking. Furthermore, we can also help you identify the real parties responsible for the wrongdoing, as often the hacking is done anonymously or by those who have attempted to cover their digital footprints. Using our proprietary in-house tools, and court-sanctioned discovery tools, we can help to identify the real parties behind the wrongdoing.
If someone has hacked or otherwise gained unauthorized access to your server and gained access to the personal information of your customers, there are some important other legal considerations for your business. Specifically, under the privacy protection laws of most states, businesses must notify consumers upon any breach of security where the hacker gains access to confidential personal information of the businesses' customers such as social security numbers, drivers' license numbers, or certain financial information. Importantly, states impose significant penalties on companies that do not comply with these laws. For more information on notification requirements, click here.
At Kronenberger Rosenfeld, our experience in handling unauthorized access cases is of great benefit to our clients, especially due to the highly technical nature of most unlawful access cases. We are also sensitive to our clients' business concerns following an unauthorized access event, and we can act quickly with the courts or otherwise to address our clients business needs.
If someone has accessed your computer network without authorization, please call us to address how our firm can help you respond. You can call us at 415-955-1155, ext. 120, or you can submit your case through our online case submission form.
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