ABA Family Legal Guide

Computer Law

Internet Issues

Viruses

Can I get into trouble for inadvertently spreading viruses?

The police will not come after you if you mistakenly spread a virus you did not know existed. However, people who receive the virus from you might be none too happy and sue you for any damage caused by it. In court, it's conceivable that you could be found liable if you negligently passed on the virus. You might be negligent, for example, if you helped spread a virus by opening up an e-mail at work that you had no business accessing, such as the adult-oriented message that contained the Melissa virus. You may also be negligent for failing to take reasonable care to prevent viruses by obtaining and using antivirus software.