Meiring de Villiers Stanford University
A transmittor of a computer virus can be prosecuted under criminal law, or sued for monetary damages in civil court, depending on the nature and circumstances of the incident. My presentation will outline the principles governing legal exposure for perpetrators of virus infection. The discussion will span a range of culpabilities, ranging from outright destructive bahavior, such as intentional transmission of harmful viruses by hackers, criminals and cyberterrorists, to inadvertent transmission, e.g. through an infected e-mail attachment of which the transmittor is unaware. The most culpable perpetrators will likely be prosecuted criminally, while inadvertent transmittors may be sued in civil court. I intend to discuss the applicable criminal and civil legal theories and principles, in a computer virus context, including when and how an unintentional transmittor can immunize him or herself from legal liability.
