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Prosecuting Computer Virus Authors: The Need for an Adequate and Immediate International Solution

Kelly Cesare
The Transnational Lawyer, 14, Spring, 2001, pp.135-170
ISSN 1045-8905
2001

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Abstract

... However, a new villain - the virus author - has surfaced, bringing a new crime into the international forum: the spread of the computer virus. ... Free from the fear of prosecution, the virus author feels no need to stop wreaking global havoc. ... Part II focuses on the crime of the spread of a computer virus and the type of damage that a virus author is capable of inflicting across the world from a single isolated terminal. ... Finally, the section concludes with an overview of the role a virus author plays in instigating that crime. ... Computer crime legislation as a whole covers a wide variety of offenses. ... For the United States, the Melissa virus concluded with "the first successful prosecution of a virus author in over a decade and only the second successful prosecution in [American] history" under the nation's specialized computer crime statutes. ... Countries with Lesser Computer Crime Laws ... " Certain aspects of computer crime legislation are particularly incompatible with extradition. ... This roadblock kept the United States from extraditing the ILOVEYOU virus author from the Philippines. ... Some government efforts do not require help from the private sector to combat computer crime. ...

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