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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.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.

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A victim’s suffering is often not financial but emotional.RATs are widely used in a variety of contexts, some benign, others not. It’s hard to know how many RATs are out there because of their covert nature.Recent reports confirm hundreds of thousands of computers infected in 2014 by only a single type of RAT, with the actual number of infections across years and technology far, far higher.In the last category, few statutes have more potential than the ECPA. Patrick Leahy noted in 2013 was "no longer suited" to contemporary threats—courts have turned to a technologically unwieldy metaphor of "flight" to determine which interceptions occur “contemporaneously” with a message’s transmission and thus are covered by the statute.ECPA was passed in 1986 as an amendment to the federal Wiretap Act, and, among other things, generally forbids the interception of electronic communications without the consent of a party to that communication. This definitional jig has meant webcam hacking victims are uncovered, with courts reluctant to take the sensible step of including webcam RAT spying under the act’s auspices.

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