Slaying Zombies in the Courtroom: Texas Enacts the First Law Designed Specifically to Combat Botnets

The Internet has become indispensable for companies and individuals, with billions of dollars of business being transacted on a daily basis. Indeed, children of high school age have never known a time without ready access to the Internet.  Thus, the Internet has achieved the status of a basic utility. However, unlike previous utilities (e.g., the power grid, the telephone, etc.), the Internet is still largely unregulated. Consequently, the potential for misuse exists, and it should be no surprise that criminals and tortfeasors have found ways to exploit the Internet. One of the more virulent maladies plaguing the Internet today is botnets.

On September 1, 2009, S.B. 28, the first law tailored specifically to combat botnets, went into effect and was passed by the Texas Legislature during the previous legislative session.

S.B. 28 is the first legislation directed specifically against botnets, herders, and those who rent botnets. Since the statute has been in effect for a short time, no litigation has been brought utilizing this statute as of this writing. However, botnets create a financial drain in Texas, the United States, and on international commerce, while contributing to the security threats often targeting major corporations. Fortunately, the statute is written such that gathering sufficient evidence for a lawsuit should be relatively easy. The substantial remedies afforded by S.B. 28 give businesses the incentives needed to challenge botnets, the greatest known Internet malady.