Also known as: damages or losses · harm · detriment
Written by attorneys · grounded in primary & secondary sources — see below
Any impairment to the integrity or availability of data, a program, a system, or information. Loss consists of any reasonable cost to a victim, including expenses incurred in responding to an offense or conducting a damage assessment.
Darius Dixon accessed a competitor's database without authorization and altered critical files, impairing data availability for several hours. The company incurred costs to restore the system and assess the extent of the intrusion. Darius faces civil liability under the statute because his actions produced both damage and loss.
Duarte Shipping repaired a loading dock after an employee suffered an injury there. The plaintiff sought to introduce the repairs to prove the dock had been defective. The court excluded the evidence for that purpose but allowed it to show the company controlled the premises.
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Demetrius Douglas was acquitted in federal court of hacking a government network. State prosecutors later charged him with a distinct offense requiring proof of actual data impairment and resulting financial loss. The second prosecution proceeded because each crime demanded a fact and protected a harm the other did not.
Diane Dawson's elderly client could no longer manage her financial accounts and faced imminent loss from unpaid bills. The lawyer consulted family members and petitioned for a conservator to prevent further damage to the client's assets. The protective steps were authorized because the client could not act in her own interest.
Devon Drake sought to restore use of an easement across Danielle Dixon's land. Reinstatement would have required removing mature trees and altering drainage, causing unreasonable harm to the servient parcel. The court refused restoration to avoid that damage.
Dillon Energy leased a warehouse to Dynamic Solutions without disclosing a concealed structural weakness. After taking possession the tenant suffered property damage when part of the ceiling collapsed. The landlord was held liable because it knew of the risk and the tenant had no reason to discover it.
A plaintiff must show damage or loss as defined by the statute. Damage includes any impairment to data integrity or availability. Loss covers reasonable response and assessment costs even without physical damage to hardware.
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No. Loss is measured by reasonable costs the victim incurs to respond to the offense or assess damage, regardless of whether hardware itself was physically altered.
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Yes. Expenses for damage assessment and system restoration are expressly included in the statutory definition of loss.
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Yes. Any impairment to the availability of data or a system satisfies the damage element even if the impairment is not permanent.
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