10.1 Introduction

• Library: Virginia Business Torts (Virginia CLE) (2019 Ed.)

10.1 INTRODUCTION

10.101 History of the Act. In 1977, the Supreme Court of Virginia decided Lund v. Commonwealth. ¹ In that case, the court held that unauthorized use of computer time and services could not constitute either grand larceny or false pretenses under existing Virginia statutes because computer time and services were not "property." The General Assembly promptly responded to the decision and, in 1978, enacted a statute that made computer time and services property. ²

In 1984, after reviewing several bills designed to expand the coverage of the original version of the statute, the General Assembly created and passed the completely revised Virginia Computer Crimes Act (the "VCCA" or the "Act"). ³ The Act became effective July 1, 1984 and has been amended and supplemented multiple times. ⁴ Several other states have enacted computer crimes legislation, as has the federal government. ⁵

The VCCA is a criminal statute. However, section 18.2-152.12 of the Act provides for civil relief. This chapter is intended to address civil relief permitted under the Act and not intended to examine the Act as a criminal statute.

10.102 Framework of the Act. The Act is set forth in chapter 5 (Crimes Against Property), article 7.1 (Computer Crimes)...