Have you Been Charged with Inducement to Install, Copy, or Execute Software Through Misrepresentation in Georgia?
Computers alone are confusing, and countless people seek help setting up their computers and then updating them. It can be difficult to know whether you need an update or if it will be harmful to your computer. Other times, people who violate this statute are unaware that the software is not required or that they are misrepresenting what the software will do. If you or a loved one has been charged with this crime, you need legal representation immediately! Contact Lawson and Berry and their team of Georgia Computer Security Crime Lawyers.
O.C.G.A. §16-9-154
It is illegal for any person or entity that is not an authorized user of a computer in Georgia to do any of the following to a computer:
- Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content;
- Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision;
- Prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on the computer; or
- Install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on the computer without first providing clear and conspicuous notice to the authorized user of the computer showing which files on that computer will be made available to the public, obtaining consent from the authorized user to install the covered file-sharing program, and requiring affirmative steps by the authorized user to activate any feature on the covered file-sharing program that will make files on that computer available to the public.
This statute does not apply to:
- Authorized updates of software or system firmware;
- Authorized remote system management
- Network maintenance
- Monitoring of a user's Internet connection by a cable operate or software provider, or
- Technical support or repair
Penalty for a Conviction of Inducement to Install, Copy, or Execute Software Through Misrepresentation in Georgia
If convicted of violating O.C.G.A §16-9-154, the defendant will be guilty of a felony and be sentenced to a prison term between one and ten years or a fine of no more than 3 million or both prison and a fine.
If the victim does not bring a civil suit against the defendant, the Attorney General is also allowed to bring a civil action against anyone who violates this statute to recover:
- A civil penalty of up to $100.00 per violation of the statute, or up to $100,000.00 for a pattern or practice of such violations;
- Costs and reasonable attorney's fees; and
- An order to enjoin the violation.
Georgia Defenses
Evidence that Clear and Conspicuous Notice was Given to the Authorized User of the Computer: Any proof that notice was given and the notice was clear and conspicuous will help your Attorney negotiate and fight your case.
Lack of Evidence: Without evidence of the accused deceptively causing the copying and execution of software, then they cannot be convicted. It must be proved that they had the intent to misrepresent.
Unintentional Misrepresentation: If the accused was unaware that the information he provided to the customer was wrong or that the software was not necessary, that would be a sufficient defense. Your Attorney could assist you in proving it was an unintentional action.
Contact Us
Computer security crimes are highly complex and technical. It is difficult to defend your case by yourself so seek the experience of a highly trained Attorney. Our office has over 50 years of experience in criminal law and is ready to let their experience work for your benefit! Contact us today for a free case evaluation. We are here 24/7 so call us now!
