Monday, July 6, 2015

Internet Law │Computer Law -“Florida’s CADRA”

Computer Abuse and Data Recovery Act - Florida

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. The bill 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 provision of the CADRA is to address the gaps existing 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 exempt 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, business have found it difficult support civil claims under both CCA and CFAA. CADRA will become effective October 1, 2015.

The time limit for an action under CADRA is 3 years after a violation occurred, it was discovered, or should have been discovered through due diligence. CADRA also provides for attorney fees for the prevailing party.

Lorenzo Law Firm, P.A. copyright 2015.

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