Assessment Of The Prohibition Against Zombies and Botnets

Effective in September of 2009, S.B. 28 adds the Section 324.055 to the TBCC to ban all “zombies” and “botnets” in regards to computers. A “zombie” is defined as a computer that has been compromised to give admission or control to a program or person other than the computer’s owner, without the owner having knowledge or even giving consent. A “botnet is defines as a compilation of two or more zombies. An individual who is not the sole owner of the computer does not have the right to deliberately cause a computer to become a zombie or part of a botnet. An individual is not allowed to purchase, rent, or gain control of a zombie or botnet created by another individual in order to sell or lease the zombie or botnet to another person. If a person has incurred a loss or interruption of their business as a result of an individual creating a zombie or botnet; this is a violation and the individual who has incurred the loss or interruption may present a civil act against the individual. A court has the right to award treble damages if it concludes that the violations have occurred many times.

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