Cyber Law

3 Pages 772 Words

Cyber Law

Computers and technology have begun to challenge our nation’s law makers. Chad Crumley, a 16 year old from Brandon, is one such example. Chad’s interest in computers led him to hours of hacking and experimentation. Being young, Chad intended only to play jokes on his friends. Chad had used his father’s computer to send a small virus to a few of his internet friends. Unfortunately for Chad, his father used the same computer to communicate with the six corporations which he supplied software for. Chad’s virus made its way into most of the companies and caused a total of $700,000 dollars in damage. The court now faces the difficult task of applying the constitution to a new field.
It would make more sense for this case to be handled in civil court as opposed to criminal charges being filed. A criminal case would be weak considering there was no criminal intent and the fact that Chad is a juvenile. On the other hand a civil case would also be a difficult pursuit. Unless Chad’s parents are incredibly wealthy, it would be difficult for the companies to recover both damages and lawyer fees especially in a trial where Chad could possibly be found innocent. Chad’s accidental infection of the corporate computers would exempt him from having any criminal liability (mens rea).
In a civil case, the most effective (though still not strong) approach would be to argue that both Chad and his parents violated duties of care. First Chad’s parents are responsible for him as he is still a juvenile. Proper monitoring of Chad’s computer use may have avoided some damage. Second, Chad’s father had a duty to the businesses he worked with to protect their interests. But both would most likely be thrown out due to foreseeabiliy. The results of Chad’s actions were not the typical result of a 16 year olds actions on the computer; and therefore, not foreseeable by either Chad nor his parents and would be proven...