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In 2009, when Susan Clements-Jeffrey purchased a used laptop from a student at the high school where she substitute taught, chances are she didn’t expect that the transaction would conclude with local police in her living room, laughing at her and calling her "stupid" while showing her explicit pictures of herself taken from her computer.

Amending the CFAA’s damages requirement to take into account the type of harms suffered by ratting victims would offer more people the ability to gain relief under the act’s provisions.

Ratting also raises constitutional and judicial process concerns, relating both to public access to democracy and to the strict warrant requirements regarding searches by the government of private individuals.

As it currently stands, a ratting plaintiff must show damages of over $5,000 to be able to use the act's civil provisions.

The CFAA was initially passed, as the story goes, in 1983 when Ronald Reagan saw the hacking film Of particular importance here is Section 1030(g), the act’s private right of action.

An Aspen Way employee came into the Byrd’s house, alleging delinquency, and, at his door, showed Brian a webcam photo of himself playing poker. electronic privacy legislation, would seem to apply naturally to the RAT-enabled capture of webcam photographs, keystrokes, and screenshots, a district court judge in their case adopted a pre-trial finding that the photographs were not "intercepted" for the purposes of the statute.

The intrusion, he told the The Byrds sued a number of parties associated with the incident, including the store and the manufacturer of the trojan. The same judge expressed skepticism that the messages and screenshots could have been “intercepted,” either, but still allowed debate of the issue in the case.

The laptop, it turned out, had been stolen before she bought it, and it came equipped with a Remote Access Tool, or RAT.