Governor Scott Signs the Computer Abuse and Data Recovery Act, Fla.Stat. §668.801 (“CADRA”)

FORT LAUDERDALE, Fla. - May 15, 2015 - PRLog -- Robert Kain, of the intellectual property law firm of Kain Spielman, P.A. drafted and lobbied for the Computer Abuse and Data Recovery Act, Fla.Stat. §668.801 (“CADRA”) which was signed into law today by Florida Governor Scott.  The new law, which may become national model, establishes civil violations and monetary recoveries against unauthorized persons, such as computer hackers, who cause harm or damage to business computers or systems which contain business information.  CADRA is limited to business related activities and applies to computer hardware as well as business information stored in the cloud in the Internet.  If a hacker or a terminated employee takes data or software and causes damage to the computer or the data, the business owner can sue under CADRA and recover damages, including the cost of conducting a damage assessment, remediation of the data or program, and any impairment to data or software and any interruption of service.
   The data or software must be protected by a password, access security control, key fob, keyed lock, biometric identifier (fingerprint, retina scan), or other technological access device (a TAB).  If the data or the program is not protected by a TAB, there is no recovery under CADRA.
   For the past two (2) years, Robert Kain has worked with members of the Florida Bar and the Computer Law, Intellectual Property Law and Business Litigation Committees, and the Business Law Section to initially draft CADRA, and have it approved by the Business Law Section of the Florida Bar.  Kain is the Task Force leader for the Employee Computer Hacking Project (now called the CADRA Task Force) and the incoming chair of the Computer Law Committee.
   After CADRA was introduced into the Florida Legislature by Sen. Hukill (Ocala) and Rep. Spano (Riverview), Kain testified before the Civil Justice Committee for the House of Representatives in support of CADRA.  The CADRA Task Force was formed after Kain published a Florida Bar Journal Article in 2013 titled “Federal Computer Fraud and Abuse Act - Employee Hacking: Legal in California and Virginia But Illegal in Miami, Dallas, Chicago and Boston.”  Kain believes that CADRA can potentially be a national model act giving businesses the right to recover monetary damages and obtain injunctive relief against unauthorized persons who cause harm or damage to TAB protected, business computers and online systems which contain business information.
   Robert Kain is a Shareholder of Kain Spielman and has practiced intellectual property law for more than three decades. He is Board Certified in Intellectual Property Law by the Florida Bar and was a founding member of the Intellectual Property Certification Committee appointed by the President of the Florida Bar. Ultimately, he was appointed Chairman of that Committee.
   He has B.E. Degree in Electrical Engineering and Law Degree from Vanderbilt University.  Kain drafted his first computer system patent in 1982 working as patent counsel for General Electric.  Since that time, he has authored over 300 computer program patents and has published many law review and journal articles on computer and Internet law. He secures patent and trademark rights, both domestically and  internationally for his clients. Kain also litigates patent, trademark, copyright and Internet related disputes throughout the United States, in District courts and before the Patent Trial and Appeal Board. He is well versed in the highly technical fields of computer and Internet law.