In an era where cyber threats are increasingly common, Florida businesses have a powerful legal tool at their disposal: the Computer Abuse and Data Recovery Act (CADRA). This article provides an overview of CADRA and explains how it can help protect your business from unauthorized access to computer systems and data.
What is CADRA?
The Computer Abuse and Data Recovery Act, enacted in 2015 and codified in sections 668.801 through 668.805 of the Florida Statutes, is designed to safeguard computer systems against unauthorized access. CADRA provides civil remedies for businesses that fall victim to various forms of computer abuse.
Key Definitions
To understand CADRA, it’s important to be familiar with these key terms:
1. Protected Computer: A computer used in connection with the operation of a business that stores information, programs, or code. This information can only be accessed by employing a technological access barrier.
2. Technological Access Barrier: This includes passwords, security codes, tokens, key fobs, access devices, or similar measures used to control access to the protected computer.
3. Without Authorization: Access to a protected computer by a person who:
– Is not an authorized user
– Has stolen a technological access barrier of an authorized user
– Circumvents a technological access barrier on the protected computer without the owner’s permission
Prohibited Acts
Under CADRA (§ 668.803, Fla. Stat.), a person who knowingly and with intent to cause harm or loss:
1. Obtains information from a protected computer without authorization and, as a result, causes harm or loss;
2. Causes the transmission of a program, code, or command to a protected computer without authorization and, as a result, causes harm or loss; or
3. Traffics in any technological access barrier through which access to a protected computer may be obtained without authorization,
is liable in a civil action to the owner, operator, or lessee of the protected computer, or the owner of information stored in the protected computer who uses the information in connection with the operation of a business.
Remedies Available Under CADRA
If your business falls victim to a violation of CADRA, you may be entitled to several remedies:
1. Recover Actual Damages: You can seek compensation for the actual harm caused by the unauthorized access.
2. Recover the Violator’s Profits: If the perpetrator profited from their actions, you may be able to recover those ill-gotten gains.
3. Injunctive Relief: You can ask the court to order the violator to stop their harmful actions and prevent future violations.
4. Recovery of Misappropriated Information: The court may order the return of any misappropriated information, programs, or code, including all copies.
5. Attorney’s Fees: As the prevailing party, you may be able to recover reasonable attorney’s fees.
It’s important to note that these remedies are in addition to any other remedies available under state or federal law for the same conduct.
Speak With an Experienced Attorney
Florida’s Computer Abuse and Data Recovery Act provides robust protection for businesses in the digital age. By understanding the act’s provisions and available remedies, Florida businesses can take proactive steps to protect their computer systems and data, and respond effectively if unauthorized access occurs. If you believe your business has been a victim of computer abuse as defined by CADRA, consult with an experienced attorney to explore your options for recovery and protection.
Contact us today to speak with an experienced attorney and schedule a consultation!
About the Authors
Giulia Farrior represents ADD+G clients out of the firm’s Miami office and has experience representing individuals and organizations in federal courts in all phases of intellectual property litigation involving trademarks, trade secrets, copyrights, and patents. Giulia also advises clients concerning trademark acquisition and counseling matters and has assisted in drafting various intellectual property agreements.
