Email Virus Distribution, Denial of Service Attacks and Other Conduct Prohibited

Have you Been Charged with E-mail Virus Distribution, Denial of Service Attacks, or Other Prohibited Conduct in Georgia?

Thousands of people prefer email to picking up the phone and calling others now. There is a significant amount of business, whether personal or company, that is conducted through email. With the expansion of people using email comes the danger of email virus distribution. We see this on television sometimes how one email virus wipes out the data from an entire computer or even an office. However, sometimes these viruses are spread unintentionally. It is important to know your rights in this situation and how to build the best defense! The Office of Lawson and Berry and their team of Georgia Computer Security Crime Attorneys have over 50 combined years of experience in criminal defense. They will dedicate everything they have to fight your case and get you the best outcome possible. Don't wait to call; contact us today for a free case evaluation.

Georgia Law O.C.G.A. §16-9-153 Governs Email Virus Distribution in Georgia

It shall be illegal for a person or entity that is not an authorized use of a computer in this state to knowingly, willfully, or with conscious indifference or disregard cause computer software to be copied onto such computer and use the software to do any of the following things:

  • Take control of the consumer's or business entity's computer;
  • Modify any of the user's security or privacy settings related to the computer's access to, or use of, the Internet; or
  • Prevent, without the authorization of an authorized user, an authorized user's reasonable efforts to block the installation of, or to disable software.

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. 

Georgia understands the threat that computer crime poses to the public. Therefore, this is one of many laws that govern computer security.

Penalty for Email Virus Distribution in Georgia

If convicted of violating O.C.G.A §16-9-153, 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.

Additionally, if the violation was of O.C.G.A. §16-9-153(a)(1)(B) then the telecommunications carrier may bring a civil suit against the defendant to recover any or all of:

  • The charges that resulted from the origination, transport, or termination of the call;
  • Costs and reasonable attorney's fees; and
  • An order to enjoin the violation 

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

We Can Help You Prepare the Best Defense Possible

Computer security crimes are still relatively new but require a strong defense. Our Attorneys can help demonstrate that the email virus was an accident or that you unintentionally and willfully distributed a virus. There are many arguments that can be used to fight your case so let us start planning your defense now! Every case is different, and you need an experienced Georgia Lawyer to assist you. Contact us today!

Contact Us Today for Immediate Help

The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!