State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-539_2A

§1‑539.2A.  Damages for computer trespass.

(a)        Any person whoseproperty or person is injured by reason of a violation of G.S. 14‑458 maysue for and recover any damages sustained and the costs of the suit. Withoutlimiting the general of the term, "damages" shall include loss ofprofits. If the injury arises from the transmission of unsolicited bulkcommercial electronic mail, the injured person, other than an electronic mailservice provider, may also recover attorneys' fees and may elect, in lieu ofactual damages, to recover the lesser of ten dollars ($10.00) for each andevery unsolicited bulk commercial electronic mail message transmitted inviolation of this section, or twenty‑five thousand dollars ($25,000) perday. The injured person shall not have a cause of action against the electronicmail service provider which merely transmits the unsolicited bulk commercialelectronic mail over its computer network. If the injury arises from thetransmission of unsolicited bulk commercial electronic mail, an injuredelectronic mail service provider may also recover attorneys' fees and costs andmay elect, in lieu of actual damages, to recover the greater of ten dollars($10.00) for each and every unsolicited bulk commercial electronic mail messagetransmitted in violation of this section, or twenty‑five thousand dollars($25,000) per day.

(b)        A civil actionunder this section shall be commenced before expiration of the time periodprescribed in G.S. 1‑54. In actions alleging injury arising from thetransmission of unsolicited bulk commercial electronic mail, personaljurisdiction may be exercised pursuant to G.S. 1‑75.4. (1999‑212,s. 4; 1999‑456, s. 8.)