Civil Remedies for Cybercrime Victims

Cybercrime occurs when someone intentionally engages in conduct a federal, state, or municipal criminal statute prohibits while using an electronic device or computer system that can send, receive, or store data or information. Cybercrime Law is the body of law, which includes both statutes and case law, on which courts or administrative agencies may or must rely to resolve legal disputes arising from alleged criminal or civil liability for alleged cybercrimes. Civil attorneys who practice Cybercrime Law for plaintiffs can help their clients, who can be individuals, government entities, businesses, or corporations, seek and obtain financial compensation or injunctive relief if they were harmed or will likely be harmed by cybercrime.

When individuals’ or businesses’ private information, private email or bank accounts, private communications systems, confidential data or files, or trade secrets are accessed, viewed, downloaded, or used without legal authorization or when their computer or information systems are damaged, they become cybercrime victims. Federal, state, and municipal law enforcement organizations are authorized to investigate and prosecute cybercrimes. These government organizations represent the nations, states, or municipalities for whom they have authority to enforce laws. They almost never have a legal obligation to seek financial compensation or injunctive relief for the individual or corporate victims of cybercrimes. When cybercrime victims suffer substantial economic losses or are required to endure unimaginable emotional distress, cybercrime litigators and trial lawyers who represent plaintiffs in civil lawsuits can help them.

LITIGATION SERVICES

We represent individuals, businesses, and corporations who suffered substantial economic harm due to cyber-conduct that federal or state criminal statutes prohibit. The statutes on which we rely authorize our clients to bring private actions.

Arizona Cybercrime Statutes

A.R.S. § 13-1202. Threatening or intimidating (cyber-acts that violate this statute can arguably give rise to viable private civil actions under A.R.S. § 12-511)

A.R.S. § 13-2316. Computer tampering (cyber-acts that violate this statute can be unlawful acts under A.R.S. § 44-1522 and can give rise to viable private civil actions for consumer fraud under Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573, 575-76, 521 P.2d 1119, 1121-22 (1974))

A.R.S. § 13-2921. Harassment (cyber-acts that violate this statute can arguably give rise to viable private civil actions under A.R.S. § 12-511)

A.R.S. § 13-3005. Interception of wire, electronic and oral communications (cyber-acts that violate this statute give rise to viable private civil actions under A.R.S. § 12-731)

A.R.S. § 13-3019. Surreptitious photographing, videotaping, filming or digitally recording or viewing (cyber-acts that violate this statute, including webcam hacking or “camfecting,” can arguably give rise to viable private civil actions under A.R.S. § 12-511)

Colorado Cybercrime Statutes

C.R.S. § 18-4-401. Theft (the cyber-theft of merchandise can violate this statute and give rise to private civil actions under C.R.S. § 13-21-107.5)

C.R.S. § 18-4-501. Criminal mischief (multiple acts of hacking computers, electronic devices, or cars and causing them physical damage in the process can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-5-113. Criminal impersonation (multiple cyber-acts in violation of this statute can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-5-902. Identity theft (multiple cyber-acts in violation of this statute can give rise to private civil actions under C.R.S. § 18-17-104) (cyber-acts violating this statute that involve the fraudulent use of social security numbers or other personal identifying information can give rise to private civil actions under C.R.S. § 13-21-109.5 or C.R.S. § 13-21-122)

C.R.S. § 18-5-904. Gathering identity information by deception (multiple cyber-acts in violation of this statute, via social engineering or phishing, can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-5-905. Possession of identity theft tools (multiple cyber-acts in violation of this statute can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-5.5-102. Computer crime (multiple cyber-acts in violation of this statute can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-7-107. Posting a private image for harassment

C.R.S. § 18-7-108. Posting a private image for pecuniary gain

C.R.S. § 18-9-303. Prohibited wiretapping (multiple cyber-acts in violation of this statute can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. § 18-9-304. Prohibited eavesdropping (multiple cyber-acts in violation of this statute, such as webcam hacking or “camfecting,” can give rise to private civil actions under C.R.S. § 18-17-104)

C.R.S. §§ 18-17-101 to 18-17-109. Colorado Organized Crime Control Act

CONSULTATIONS

Contact our law firm to schedule a consultation with an attorney who has cybercrime litigation experience.