Legal Question in Technology Law in Maryland

Unauthorized Access to Web Servers and Files

My QUESTION IS:

What legal rights and actions can we take against the DEDICATED SERVER company ?

DETAILS:

We are what is called a ''dedicated server'' client.

IE, we LEASE Dedicated Servers from a large internet company.

We then resell access to those servers.

The DEDICATED SERVER company that we lease from was contacted by one of our clients.

The DEDICATED SERVER company went on to lease a server to our client.

The DEDICATED SERVER company then went on to ACCESS our servers and PHYSICALLY/ELECTRONICALLY moved all the clients files from our servers to the clients new server.

The client owed us money, and we were holding the clients data, etc. until client paid.

But, because of the actions of the DEDICATED SERVER company, the client now has gotten away.

My QUESTION IS:

What legal rights and actions can we take against the DEDICATED SERVER company ?


Asked on 4/15/02, 4:46 pm

3 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Unauthorized Access to Web Servers and Files

Some possible theories of recovery: intentional interference with prospective economic advantage, intentional interference with contract, negligent interference with contract, violation of the federal computer abuse laws, breach of contract, unfair competition, etc.

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Answered on 4/15/02, 4:55 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Unauthorized Access to Web Servers and Files

I disagree with Tim. I see no liability. Tim might be right if they contacted your customer but if the customer contacted them first, I see no violation of law.

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Answered on 4/15/02, 4:57 pm
D. Alexander Floum, Esq.

Re: Unauthorized Access to Web Servers and Files

It depends on 2 factors:

(1) What did your contract with the dedicated server company say? Depending on the provisions of the agreement, you might have claims for breach of contract and fraud.

(2) Did the dedicated server company contact the customer first? Or vice versa?

If you like, you can fax the agreement to me so that I can provide a more detailed analysis. My fax number is 415-369-9050.

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Answered on 4/15/02, 7:10 pm


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