The limitations period for a plaintiff bringing a claim under the Computer Fraud and Abuse Act, which states that a claim must be filed "within two years of discovering damage," applies only to claims predicated on computer damage, not loss, the U.S. District Court for the Northern District of Illinois held Feb. 25. Kluber Skahan & Associates, Inc. v. Cordogan, Clark & Associates, Inc.

 

The CFAA's limitations period, 18 USC §1030(g), requiring a plaintiff to file suit either (1) within two years of a defendant's alleged violation, or (2) within two years of discovering damage, clearly differentiates between the two terms, the court said.

A plaintiff suing under the CFAA who alleges only loss must do so within two years of the violation of the statute, the court said, because the second portion of the limitations period does not say "discovering damage or loss," the court said.

The relevant portion of Section 1030(g) states that any party suffering "damage or loss" by reason of a violation of the statute may pursue a claim, and then goes on to list the two potential limitations periods.