An amendment, recommended by the Committee on the Judiciary,
was reported by the Clerk and adopted, amending the bill as
On page eighteen, section four-d, line ten, by striking out
the word "unauthorized".
On page eighteen, section four-d, line eleven, following the
words "illegal activities" by inserting the words "prohibited by
On page eighteen, following line thirteen, by inserting
section sixteen, to read as follows:
"§61-3C-16. Civil relief; damages.
(a) Any person whose property or person is injured by
reason of a violation of any provision of this article may sue
therefor in circuit court and may be entitled to recover for each
(1) Compensatory damages;
(2) Punitive damages; and
(3) Such other relief, including injunctive relief, as the
court may deem appropriate.
Without limiting the generality of the term, 'damages' shall
include loss of profits.
(b) The attorney general is authorized to receive and act on
complaints, take action designed to obtain voluntary compliance
with this article or commence proceedings against a person who
violates this article to enjoin further violations and to recover damages as provided in subsection (a).
(c) At the request of any party to an action brought
pursuant to this section, the court may, in its discretion,
conduct all legal proceedings in such a manner as to protect the
secrecy and security of the computer network, computer data,
computer program or computer software involved in order to
prevent any possible recurrence of the same or a similar act by
another person or to protect any trade secret or confidential
information of any person. For the purposes of this section
'trade secret' means the whole or any portion or phase of any
scientific or technological information, design, process,
procedure or formula or improvement which is secret and of value.
A trade secret shall be presumed to be secret when the owner
thereof takes measures to prevent it from becoming available to
persons other than those authorized by the owner to have access
thereto for a limited purpose.
c d) The provisions of this section shall not be construed
to limit any person's right to pursue any additional civil remedy
otherwise allowed by law.
d e) A civil action under this section must be commenced
before the earlier of: (1) Five years after the last act in the
course of conduct constituting a violation of this article; or
(2) two years after the plaintiff discovers or reasonably should
have discovered the last act in the course of conduct
constituting a violation of this article."
By amending the enacting section to read as follows:
"That §61-3C-3 and §61-3C-16 of the Code of West Virginia,
1931, as amended, be amended and reenacted; and that said code be
amended by adding thereto four new sections, designated §61-3C-
4a, §61-3C-4b, §61-3C-4c and §61-3C-4d, all to read as follows"
followed by a colon.