Internet Law Lawyer Issues & Notes – Computer Law – Privacy Law
Florida Legislature passed HB 175/SB 222 this year to create the “Computer Abuse and Data Recovery Act” (“CADRA”) allowing for civil cause of action for the hacking of business computers addressing internet law and computer law issues . CADRA seeks to fill the gaps between the Florida Computer Crimes Act (“CCA”) in Section 815, F.S. and the Federal Computer Fraud and Abuse Act (“CFAA”) in 18 U.S.C. § 1030. Specifically, CCA provides for civil action upon the individual criminally convicted and it exempts employees acting within the scope of their employment. CFAA requires there to be damages of at least $5,000. In addition to the courts disparate determination over hacking committed by insiders and employees, businesses have found it difficult to support civil claims under both CCA and CFAA. CADRA is intended to fill these gaps and will become effective October 1, 2015.
CADRA provides for the recovery of actual damages, lost profits, and economic damages, as well as injunctive or other equitable relief to victims of hacking. CADRA does not exempt employee or insider hackers or impose any conditions precedent to bringing a claim for relief. The pertinent provision will be Chapter 668 F.S. where Part V is being created, consisting of ss. 668.801 – 668.805, Florida Statutes.
The time limit for an action under CADRA is 3 years after a violation occurs, is discovered , or with due diligence should have been discovered. CADRA also provides for attorney fees for the prevailing party.