How to Learn About the Penalties for Violating Computer Virus Laws

Computer viruses are programs or files placed on a computer system by an outside user for nefarious reasons. Those engaged in violating computer virus laws at the state and federal level do so to steal identifying information or simply cause system failure. Everyone involved in e-commerce and digital intellectual property should understand the penalties for these violations in order to gain a full appreciation of this new problem.

Difficulty: Moderate

Instructions

1. Look over the Computer Fraud and Abuse Act of 1984 on the Department of Justice website (see Resources below). This piece of legislation makes it illegal to sell passwords, utilize computer systems without proper authorization and steal information from a financial institution's computers.

2. Contact your state's consumer protection department in order to help stop computer viruses. Most states have a consumer protection organization that has a series of ongoing campaigns, including technology and intellectual property issues. A good example of a consumer protection agency on the state level is the New York State Consumer Protection Board (see Resources below).

3. Learn about computer virus laws from a qualified criminal attorney. Contact the American Bar Association to get in touch with pro bono attorneys who deal with criminal and intellectual property law (see Resources below).

4. Inquire about computer viruses and ways of violating computer systems from an information technology (IT) expert. A better understanding of computer viruses violating your computer can help you develop a larger picture of your legal case. Your local university will typically have an IT department that can answer public questions.

Tips & Warnings

• Create a comprehensive set of documents demonstrating the presence of a virus in your computer system. A screen shot and printout of the file location of the virus can be certified by an IT professional. A higher number of documents demonstrating injury and financial loss increases success in legal proceedings.
• Realize that courts may find a virus creator innocent if there is ample warning about the contents of a file. Courts may learn that a downloaded file by a business or individual featured enough warnings to protect the provider from criminal charges. In these cases, however, financial damages may still be retrieved.