| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17 MRSA c. 84 is enacted to read: |
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| DAMAGES FOR INTRODUCING COMPUTER VIRUS |
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| | 1.__Court action.__A person who suffers any loss of money or | property, real or personal, as a result of the act of another | person who intentionally or knowingly introduces or allows the | introduction of a computer virus into any computer resource, | having no reasonable ground to believe that the person has a | right to do so in violation of Title 17-A, section 433, | subsection 1, paragraph C may bring an action either in the | Superior Court or District Court for actual treble damages, | restitution and for such other equitable relief as the court | determines to be necessary and proper. There is a right to trial | by jury in any action brought in Superior Court under this | section. |
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| | 2.__Fees and costs.__A successful plaintiff in an action under | this section is entitled to reasonable attorney's fees and costs | incurred in connection with that action. |
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| | 3.__Notices to Attorney General.__Upon commencement of any | action brought under subsection 1, the clerk of courts shall mail | a copy of the complaint or other initial pleading to the Attorney | General and upon entry of any judgment or decree in the action, | shall mail a copy of such judgment or decree to the Attorney | General. |
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| | The bill creates a civil remedy for a person who suffers any | loss of money or property, real or personal, as a result of | another person intentionally allowing or introducing a computer | virus into any computer resource in violation of the Maine | Revised Statutes, Title 17-A, section 433, subsection 1, | paragraph C. A person who suffers damage because of the virus | may bring an action either in the Superior Court or District | Court for actual treble damages, restitution and for such other | equitable relief. A successful plaintiff in an action also is | entitled to reasonable attorney's fees and costs incurred in | connection with that action. |
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