International Journal of Communications Law & Policy

LAUNCH ON WARNING: AGGRESSIVE DEFENSE OF COMPUTER SYSTEMS
By Curtis E. A. Karnow

Download the Paper in PDF Format: IJCLP Web-Doc 4-Cy-2004

Abstract

This paper reviews the risk posed by computer viruses, worms, and other "malware" which may inhibit the use of computers and the Internet. Noting that traditional legal and technical defenses are often ineffective, the paper outlines new technologies used to launch counterstrikes against offending sources of malware. Because such counterstrikes may themselves be illegal under for example the Computer Fraud and Abuse Act, two legal doctrines are reviewed as potential justifications for counterstrikes: (1) self defense and (2) the privilege of abatement under nuisance law. The paper concludes that malware attacks can properly be termed a nuisance, and that targeted counterstrikes may be legally justified under some circumstances.

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