Sewell v. Bernardin

SACK, Circuit Judge:

In order to resolve this appeal, we address a matter of first impression in this Circuit: the operation of the statutes of limitations applicable under the civil enforcement provisions of the Computer Fraud and Abuse Act (CFAA.), 18 U.S.C. § 1030, and the Stored Communications Act (SCA.), 18 U.S.C. § 2701, et.seq. A plaintiff bringing an action under the CFAA’s civil enforcement provision must do so “within 2 years of the date of the act complained of or the date of the discovery of the damage.” 18 U.S.C. § 1030(g). The SCA provides that “[a] civil action under this…