Often victims will turn to state laws that may offer more flexibility when prosecuting
an attacker. State laws that are relevant in the computer crime arena include both new
state laws that are being passed by some state legislatures in an attempt to protect their
residents, and traditional state laws dealing with trespassing, theft, larceny, money laundering,
and other crimes.
For example, if an unauthorized party is accessing, scanning, probing, and gathering
data from your network or website, this may fall under a state trespassing law. Trespass
law covers both the familiar notion of trespass on real estate, and also trespass to personal
property (sometimes referred to as ???trespass to chattels???). This legal theory was
used by eBay in response to its continually being searched by a company that implemented
automated tools for keeping up-to-date information on many different auction
sites. Up to 80,000??“100,000 searches and probes were conducted on the eBay site by
this company, without the authorization of eBay. The probing used eBay??™s system resources
and precious bandwidth, but this use was difficult to quantify. Plus, eBay could
not prove that they lost any customers, sales, or revenue because of this activity, so the
CFAAwas not going to come to their rescue and help put an end to this activity.
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