Legal options to computer viruses

نویسنده

  • Bernard P. Zajac
چکیده

" Buy your software from a reputable source " has been used by many as one means of reducing the threat of a computer virus infection. In this article the author explores legal opinions about the options open to the user in the United States. C omputer viruses have become the " hot " topic in the computer security industry. Nearly every computer conference has a session on how to protect your computer from computer viruses and other security threats. There are several computer virus " vaccines " on the market. Most of the " vaccines " , security policies, and devices deal with prevention. But what happens if you become the victim of a virus? You could be out several thousand dollars in both software and time, and a price cannot generally be placed on the aggravation factor. What recourse do you have, legally, if you have been a victim of a virus? One software manufacturer recently said to me, " you, as a user, have a recourse; you just sue them (the software manufacturer)! " Interesting idea, but can you? There has not been extensive case law concerning viruses in the United States, so I posed the question, concerning what recourse, if any, a person or corporation may have if they were the victim of a virus, to a number of attorneys. those of the author and do not necessarily reflect those of ABC Rail Corporation. Kirk W. Tabbey, head of the Washtenaw County Computer Crime Task Force, an assistant prosecuting attorney in Arm Arbor, Michigan, said, " You'll always have a criminal case if you can find the person who did it (created the virus), because a virus is a malicious act; " surreptitiously inserting a virus in a program is, in itself a malicious act, therefore a crime. But, this is against an individual or individuals who created and/or inserted the virus. But what about the person who sold you the software or the software manufacturer? Are they liable? What damages can you recover? It seems you can recover damages, but it is not a simple matter. James J. Ayres, an attorney with the Chicago firm of Magee, Collins and Lodge, a part-time faculty member of DePaul University's College of Law, points out that recovery can be approached in several different ways: it could be a pure contract law case between two or more parties; a …

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عنوان ژورنال:
  • Computers & Security

دوره 8  شماره 

صفحات  -

تاریخ انتشار 1989