Author: L.Perplies (29 Sep 08 11:07am)
So my boss goes on vacation awhile back. Previously he did nothing but complain about his computer, so I decide to help him out while he's gone and fix whatever the problem is. The IT department is fed up with him and his complaining so this'll be a great time to take care of it and not hear his whining.
But in any case, I clean off about 90% of the stuff and then find out that a worm has created an SMTP engine somewhere and is sending out approximately 150-300 spam emails per minute! I pull the network cord and firewall the SMTP. I eventually get it cleaned out, now I stay late about one night a week just to clean his computer again and make sure we don't do this.
So, if you've gotten a message recently that says something like "Spongebob named in Paris Hilton's paternity lawsuit!" (and, no, I'm not kidding) then I'm sorry.
But the question here is about laws specific to the US.
I know if your computer sends out spam you are liable according to the law. Since his computer was sending spam without his knowledge, is he legally liable?
Do you think if he did end up in a court about this a jury would convict him?
I'm figuring he'd be liable legally, but since it was done without his knowledge they wouldn't prosecute him, but instead try to get the person that created/installed the zombieware in the first place.
Just wanted to get your opinion on the subject. I'm not worried about my boss whatsoever though... might make a good three day weekend. (Kidding!)