Examination of legal regulation of harmful program such as computer virus - Focusing on US Legislation and Cases - (컴퓨터 바이러스 등 유해 프로그램의 법적 규제 검토 - 미국의 제정법과 판례를 중심으로 -)

Kim, Hyeong-seok (김형석); CHUN YONG TAE (전용태)

Examination of legal regulation of harmful program such as computer virus - Focusing on US Legislation and Cases -

Legal Theory & Practice Review
Abbr : LTPR
2019, 7(2), pp.119-152
Publisher : The Korea Society for Legal Theory and Practice Inc.
Research Area : Social Science > Law
Published : May 30, 2019

Kim, Hyeong-seok ¹, CHUN YONG TAE ¹

¹경기대학교

Candidate

ABSTRACT

The start of the virus is exactly from the end of 1987. In October 1987, a virus named Brain was found at the University of Delaware. The Lehigh virus was found at Lehigh University in Pennsylvania on November 18 of the same year, and the Jerusalem virus was found at Hebrew University in Israel in December. Since then, computer viruses have increased tremendously. In this regard, computer users are coping with computer viruses as a way to prevent the spread of computer viruses through antivirus programs, which are programs to diagnose and treat computer viruses. However, as concerns about the security weakness of major components of cyberspace continue to increase and market forces alone are not providing economic incentives for cyber security, and it including regulatory incentives that governments can take Policy alternatives for. Therefore, this article discussed the results of the review of Article 1030 of the United States federal law regarding computer misappropriation, and then examined ways to combat virus crimes in each state computer crime. The results of the review were discussed focusing on the provision of certain provisions in the enactment law. In addition, a detailed case was reviewed and the process of Melissa case was reviewed in time order.

KEYWORDS

Computer Virus, Harmful Program, Computer Crime, Unauthorized Access, Illegal Activities, Unauthorized.

Citation status

* References for papers published after 2023 are currently being built.

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