Courts Disagree on Meaning of “Interruption of Service” When Determining Loss Under the Computer Fraud And Abuse Act

District courts are divided as to whether there is a private right of action under the Computer Fraud and Abuse Act (CFAA) for persons whose computer service is not interrupted but who nevertheless incur costs (a) responding to a CFAA offense, (b) conducting a damage assessment, or (c) restoring computerized data or programs as they were prior to the offense. A Georgia U.S. district court judge recently sided with those jurists who hold that a service interruption is not required. Southern Parts & Eng’r’g Co. v. Air Compressor Services, LLC, Case No. 1:13-CV2231-TWT (N.D. Ga., Feb. 19, 2014).

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