Domingo Rivera
Computer Forensics Fees And CFAA Damages
One of the challenges when prosecuting CFAA cases comes from the difficulty of aggregating the direct damages. You may be able to prove that the unauthorized access or hacking activity ocurred but the direct damages to the system may not add up to the threshold amount. That was the defense in this case. The defendants argued that PolyOne had not shown that it suffered either damage or loss. Loss means any reasonable cost to any victim, including the cost of responding to an offense or conducting a damage assessment. I think that in this case, the Court got it mostly right.
ReadMalibu Media John Doe Case
The use of John Doe subpoenas in copyright cases involving movies has been somewhat controversial. The application of the law by the Courts has been anything but uniform. For example, attorney Domingo J. Rivera has prevailed against companies seeking to discover our clients' identities. The Doe subpoena approach is frequently employed by pornographers in order to demand unreasonable amounts against individuals accused of illegally downloading porn movies. Obviously, the threat of this type of lawsuit and the potential social stigma is often enough to elicit a payout of thousands of dollars in hush money.
ReadThe Online Forum Defamation Case of Sarkar v. Doe
Defamation lawsuit by a professor of pathology involving Internet defamation, which he claims cost him his employment at the University of Mississippi. The Plaintiff, after losing his employment due to the commentary of the online individuals, understadably sought to discover the identity of his accusers. The ACLU, not surprisingly, got involved to protect the anonymous commenters. The claim was that the First Amendment protected the anonymity of the online posters reagarding Sarkar.
ReadCyber Trial Attorney
Our Internet Law practice has unique technical qualifications and capabilities, look at our cyber security and computer security certifications and compare them to other Internet or cyber law firms. We Obtained Summary Judgment in favor of our client in a case involving computer trespass, including the Computer Fraud and Abuse Act and the Stored Communications Act - This case was heard in the United States District Court for the Western District of Arkansas.
ReadAVM Technology Discusses Ransomware on NBC12
Internet and cyber security attorney Domingo Rivera discusses ransomware on NBC.
Read