District Court Holds That Computer Forensic Investigation Costs Satisfy “Loss” Requirement of Computer Fraud and Abuse Act

A Colorado federal district court recently held that the computer forensic investigator costs of investigating Computer Fraud and Abuse Act (CFAA) violations constitute “loss” under the statute. (AssociationVoice, Inc. v. AtHomeNet,Inc.,No. 10-cv-00109-CMA-MEH, 2011 WL 63508 (D.Colo 2011)).  The court echoed the growing trend in circuit and district courts, which permit civil claims under the CFAA absent any damage or interruption of service. Consequently, this decision underscores the viability of asserting CFAA claims in cases involving data theft and the importance of utilizing qualified computer forensic investigators in such cases.  

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