This sounds great and may allow you to sleep better at night, but not all of the harm
caused by a CFAA violation is easily quantifiable, or if quantifiable, might not exceed the
$5,000 threshold. For example, when computers are used in distributed denial-of-service
attacks or when the processing power is being used to brute force and uncover an
encryption key, the issue of damages becomes cloudy. These losses do not always fit into
a nice, neat formula to evaluate whether they totaled $5,000. The victim of an attack can
suffer various qualitative harms that are much harder to quantify. If you find yourself in
this type of situation, the CFAA might not provide adequate relief. In that context, this
federal statute may not be a useful tool for you and your legal team.
An alternative path might be found in other federal laws, but there are still gaps in the
coverage of federal law of computer crimes. To fill these gaps, many relevant state laws
outlawing fraud, trespass, and the like, thatwere developed before the dawn of cyberlaw,
are being adapted, sometimes stretched, and applied to new crimes and old crimes taking
place in a new arena??”the Internet. Consideration of state law remedies can provide
protection from activities that are not covered by federal law.
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