How To

How to File Suit Over a Computer Virus

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By eHow Contributing Writer
(1 Ratings)

Your computer screen flashes an alert from your anti-virus program that a virus has been detected on your computer again. Only this time, your entire operating system was lost when you tried to reboot. Now what? Can you file a law suit over a computer virus? Well...yes, no and maybe.

From Quick Guide: Computer Virus Guide
Difficulty: Challenging
Instructions

Things You'll Need:

  • Any proof you may possess as to the source of the virus
  • Uninfected computer with Internet access

    Know Your Legal Recourse if You Get a Computer Virus

  1. Step 1

    Unplug your machine right away and take the CPU (Central Processing Unit, otherwise known as the hard drive) to a computer repair shop. If you're very lucky, they may be able to track down where the virus came from, such as an email attachment or downloaded file from a file sharing network. If this is your personal computer, you may be able to bring a suit against the source of the virus. However, there's every likelihood that it was passed on to those places from another unknown source.

  2. Step 2

    Contact your network administrator if you work on site at a facility and use a shared network. However, if a suit is then filed, it will be in the name of the company which owns the network equipment as business property.

  3. Step 3

    Consider whether the virus seemed to attack shortly after experiencing unwelcome pop-ups from a Web site you recently visited. Pop-ups are a form of spam and some can contain malicious codes, even a virus. If that's the case, you may be able to get the attention of the Federal Trade Commission (see Resources below).

  4. Step 4

    Don't give up. Anyone deliberately trying to damage a computer or network is guilty of violating the Computer Fraud and Abuse Act. File a complaint with the Federal Bureau of Investigations to look into the matter (see Resources below).

Tips & Warnings
  • It's not impossible to file a law suit to recover damages by a computer virus. But it does take diligence and a bit of luck, depending on the specifics of your individual case.
  • Be aware that unless you can prove that a specific individual or entity deliberately set out to infect your computer with a virus, an administrative agency is unlikely to spearhead a criminal court proceeding on your behalf. However, you may wish to consult a trial attorney regarding a civil action.
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