Computer Theft and Trespass

From confidential business information to our own personal secrets, computers store knowledge that others wish to steal or destroy. In response to this concern, the Georgia legislature has passed laws making computer theft and trespass crimes with stiff penalties. These laws also allow the victims of computer theft and trespass to bring suit against those who have illegally tampered with a computer or network.

There are several Georgia laws that relate to computer trespass and theft. Computer theft is defined as using a computer or network without authority in order to take property, obtain the property by deceitful means, or convert the property for one’s own use in violation of an agreement or obligation. Computer trespass is defined as using a computer or network without authority to delete or remove data, obstruct or interfere with data, or alter a computer, network, or program. Georgia law also recognizes the crime of computer invasion of privacy. This crime occurs when a person examines employment, medical, salary, credit, or other personal data contained on a computer without authority. It is also unlawful to disclose any password to a computer or network if the disclosure results in damages and was without authority. Finally, a person who creates, alters, or deletes data contained on a computer may be guilty of computer forgery.

When a person or business falls victim to a computer crime, a civil action can be brought against the offender for any damages that were caused due to the criminal activity. These damages may even include lost profits and any expenses the victim incurred as a result of the crime. In some cases, a court will also award punitive damages to punish and deter the offender. However, an action against the offender must generally be brought within four years of the violation or any financial recovery may be barred.

A common fear of many victims is that a lawsuit would potentially disclose further private information including trade secrets. Due to this fear, Georgia law contains a special provision which requires the court to take reasonable steps to ensure the secrecy of any data involved in the proceedings.

Computer crimes present a major threat to the finances and integrity of individuals and businesses. While the criminal justice system may punish those who violate computer laws, the victims have a legal right to recover the damages caused by unlawful tampering. If you believe that you are the victim of a computer crime, our firm may be able to help you recover damages.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.