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Thank you for the clarification. I was not aware CFAA provided civil causes of action. but that the requirement which was being applied applies both to civil
by gm-conspiracy 10y ago
Thank you for the clarification.
I was not aware CFAA provided civil causes of action.
but that the requirement which was being applied applies both to civil and criminal CFAA provisions
Since it applies to both, the burden of proof in a criminal proceeding, would still be higher, no?
- dragonwriter 10y ago> Since it applies to both, the burden of proof in a criminal proceeding, would still be higher, no? Yes, even where the same fact question applies to establish criminal liability as exists to establish civil liability, in a criminal case the prosecution will be obliged to prove the fact beyond a reasonable doubt, while in a civil action it will only need to be proved by a preponderance of the evidence.