Business Law 101 / COMPUTER RELATED CRIMES 

By Albert Kelley

We live in a technological world. Since the release of the first mass marketed home computers came out in 1977, we have increasingly become dependent on technology.  Only four years later the first person was convicted of a computer crime (Ian Murphy was convicted of breaking into ATT’s computers to change the billing clock).

The Florida legislature recognized the risk we were facing and passed laws specific to cybercrime.  They stated: Computer-related crime is a growing problem in government as well as in the private sector. Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white-collar crime. The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great. The proliferation of new technology has led to the integration of computer systems in most sectors of the marketplace through the creation of computer networks, greatly extending the reach of computer crime. While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse.

We regularly hear stories of hackers and viruses.  Cybercriminals will make around $1.5 trillion annually.  An individual cybercriminal can make anywhere from $30,000 to over half a million dollars annually.  The cost to a business from being hacked can exceed one million dollars, not to mention the loss of client confidence. 

Florida designates cybercrime as being against intellectual property, against users, and against public utilities.  The law starts defines intellectual property as data, including programs. The statute states that putting a virus on a computer or taking action which modifies or makes data unavailable is a crime against intellectual property.  This includes putting malicious software onto a computer or taking action to remove accessibility to data. It is also illegal to disclose trade secrets that reside on a computer system. These are third degree felonies unless these actions are taken to defraud or obtain property, the crime increases to a second-degree felony.

A violation against a use occurs if the cybercriminal accesses a computer or network without authorization or in a manner that exceeds their authorization, if they disrupt the ability to receive or transmit data, if they destroy or damage computer equipment, or items to be used in a computer or network, introduce a virus to a computer system or engages in audio or video surveillance of a person through their computer equipment. These are generally third-degree felonies unless the amount of damage exceeds $5,000, the action is done to defraud a person or interferes with a public service or transit system in which case it is a second-degree felony, or if the action endangers human life or interferes with medical equipment or medical care in which case it is a first-degree felony.

If a person gains unauthorized access to a computer system used by a public utility, it is a third-degree felony.  If they tamper with that system, introduce a virus to the utility system or disrupt service in any way, it is a second-degree felony.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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