Elements of Nevada's Theories of Liability

Wrongful Use of a Computer

 

 

Wrongful Use of a Computer

Elements

The text of NRS 205.4765et seq is far to large for the purposes of this summary. It suffices to say that, in general, it is unlawful to use/take/publish/access/destroy (etc.) data on a computer without authorization

  1. data, a program or any supporting documents which exist inside or outside a computer, system or network NRS 205.4675(1)
  2. equipment or supplies that are used or intended to be used in a computer, system or network NRS 205.4675(2)
  3. a computer, system or network a device used to access a computer, network or data NRS 205.4675(3)
  4. a device used to access a computer, network or data NRS 205.4675(4)

OR

5. cause to be introduced or attempt to introduce a computer contaminant into a computer, system or network NRS 205.4675(5)

[Editor’s Note: Please note that this list is abbreviated as to the elements of individual causes of action and is not an exhaustive list of causes of action listed in NRS 205.473 et seq. Please refer directly to the statute for more guidance.]

Example Cases

[TruCounsel Editor Note:  It seems that only one Nevada case has addressed this statute at this time: the unreported federal case listed below.  Other states have similar laws and presumably there is case law addressing those similar laws.] 
 
Under Nevada Revised Statute 205.4765, it is a misdemeanor for a person to gain unauthorized access to data or supporting documents that exist inside or outside a computer, system, or network. NRS 205.4765.

As above, Plaintiffs allege that Defendants violated Nevada Revised Statute 205.4765 by knowingly, and without authorization, obtaining or attempting to obtain access to Oracle’s software and support materials, including at least 100,000 unauthorized files by using automated search crawlers to cull restricted and unauthorized information. (Am.Compl.¶¶ 44, 102.) Therefore, the court finds that Plaintiffs have likewise pled a claim for violation of asserted facts Nevada Revised Statute 205.4765.

Oracle USA, Inc. v. Rimini St., Inc., 2:10-CV-00106-LRH, 2010 WL 3257933 (D. Nev. Aug. 13, 2010).

Proof

Damages

NRS 205.511 Victim authorized to bring civil action.

1. Any victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action to recover:

(a) Damages for any response costs, loss or injury suffered as a result of the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorney’s fees incurred in bringing the civil action.

2. A victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action pursuant to this section whether or not the person who committed the crime is or has been charged with or convicted or acquitted of the crime or any other offense arising out of the facts surrounding the crime.

3. The provisions of this section do not abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.513, inclusive, to bring a civil action pursuant to any other statute or the common law.

(Added to NRS by 1999, 2706; A 2001, 1244)

Defenses

Misc