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August 21, 2001 (MOUNTAIN VIEW, Calif.) — While the recent Code Red and Code Red II computer worms infected hundreds of thousands of network servers disrupting businesses and Internet connections, Internet law experts warn that worms and viruses are only the beginning. The problems resulting from Code Red and its ilk may be not only technical, but legal as well.

Ron Weikers, an attorney with Weikers & Co. in Philadelphia, a law firm that handles Internet and technology matters, says viruses and worms are just the tip of the iceberg. Worse, businesses or individuals who don’t build effective security around their computers may find themselves potentially liable third-party players used by hackers in attacks against other companies.

Kevin Cronin, an attorney with Blank Rome Comisky & McCauley LLP in Philadelphia, who also concentrates his practice on high-tech matters, predicts that hackers will continue to ramp up their use of so-called “distributed denial of service” attacks (“DDoS”) — which slow down or crash third-party servers — launching them from unprotected company servers. “Once past the firewall, the errant code will ‘pop’ the root directory of host computers, and implant a small, invisible program designed to launch massive attacks against other targets,” Cronin explains. “For example, a piece of DDoS ‘malware’ might target an Internet commerce site, launching a million ‘pings’ or other little requests for information each second, requiring millions of responses from the attacked target, and ultimately knocking it out of service.”

“Ironically,” adds Weikers, “the unsuspecting owner of the computer from which the attack is launched may be liable for damages.” Weikers says that potential liability doesn’t end with passive negligence. Parents of underage hackers also may also face liability for any damages caused by such attacks.

So what can companies do? For starters, says Weikers, get used to it. Code Red and Code Red II revealed the vulnerability of computers worldwide.

Then, make sure your computer systems are protected with effective firewalls and filters. Some companies even consort with the enemy, hiring hackers to shake down their security systems to spot weak areas. And finally, consult with an attorney if you have any question regarding potential liability. This’ll help you better understand your legal exposure, and make sure you’re protected from hack attacks.

Additional helpful information can also be found at legal Web sites such as www.findlaw.com.

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