Legal Question in Technology Law in Pennsylvania

Systems Administrator Removed Code

Systems administrator removed code from a system that he knew would cause the system to no longer work properly because he didn't get paid for a separate job, and said as much.

Is this a criminal or civil case?


Asked on 2/10/09, 12:19 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Systems Administrator Removed Code

You asked if a systems administrator's removal of code is a civil or criminal matter.

It's both. Even in the case where the SysAdmin removed code for which he wasn't paid that would be actionable as both a crime and a tort.

The SysAdmin's sole recourse is contract law. Period. Any self-help is not only subject to extremely harsh civil treatment but would also be prosecuteable under criminal laws. And yes, depending on the scope of the damage the SysAdmin could see some serious jail time, as well as being financially responsible for the damages and potentially exemplary damages.

But, the fact that this may be prosecuted as a crime cannot be used in any way to get the SysAdmin to rectify the situation. That in itself would be an illegal act, theatening and possibly extortion.

Hire a lawyer and see about filing for an injunction (seeking restoration), a civil suit (seeking compensation) and a criminal casing (seeking retribution) all at the same time.

Regards,

Roger

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Answered on 2/10/09, 2:52 pm


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