The Court denies summary judgment to either party on Plaintiff's allegation of fraud in connection with computers in violation of 18 U.S.C. § 1030. After reviewing the filings provided by both parties, genuine issues of material fact remain, including but not limited to, whether or not Plaintiff has suffered a loss in excess of $5000, which is required to trigger a civil cause of action under 18 U.S.C. § 1030 (c)(4)(A)(i)(I).
This individual, in his zeal to dispute my claim failed to read a few paragraphs down, where the Court's opinion stated:
Plaintiff contends that Defendant should be found liable for computer trespass under Ark. Code Ann. § 5-41-104. While there is little case law interpreting this particular statute, it is clear to the court that Defendant intentionally accessed the MySpace and Yahoo computer networks without authorization and should now be held liable for computer trespass. While the extent of Plaintiff's actual injury, under this statute is not entirely clear, the Court finds that she has at least sustained some minor damages in changing her passwords and assessing the consequences of her husband's snooping. See Cardinal Health 414, Inc. v. Adams, 582 Supp.2d 967, 982 (M.D. Tenn. 2008) (finding minor damages to a plaintiff under a similar state statute). The Court therefore finds that summary judgment should be granted in favor of Plaintiff on this count as to liability, and any damages may be determined at trial.
Additional information regarding this case is posted at http://domingorivera.org/hacking-cases/in-federal-court-a-win-is-a-win/
The lesson? Before questioning an attorney, get your facts straight ... and obtaining summary judgment in a case is just that regardless of which complaint count it came from.
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