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Asserting Damages for Data Piracy Under the CFAA

When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.

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Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating — especially if the data falls into the hands of a competitor.

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