So eBay??™s
Gray Hat Hacking: The Ethical Hacker??™s Handbook
30
legal team sought relief under a state trespassing lawto stop the practice, which the court
upheld, and an injunction was put into place.
Resort to state laws is not, however, always straightforward. First, there are 50 different
states and nearly that many different ???flavors??? of state law. Thus, for example, trespass
law varies from one state to the next. This can result in a single activity being treated
in two very different ways under different state laws. For instance, some states require a
showing of damages as part of the claim of trespass (not unlike the CFAA requirement),
while other states do not require a showing of damage in order to establish that an
actionable trespass has occurred.
Importantly, a company will usually want to bring a case in the courts of a state that
has the most favorable definition of a crime for them to most easily make their case.
Companies will not, however, have total discretion as to where they bring the case. There
must generally be some connection, or nexus, to a state in order for the courts in that
state to have jurisdiction to hear a case. Thus, for example, a cracker in New Jersey attacking
computer networks in New York will not be prosecuted under the laws of California,
since the activity had no connection to that state.
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