Virus Laws

**Butcher** Thu Nov 27, 2008 12:42 pm

I found this on the internet, its is the virus laws. So that you guys know what your getting into. hehe, ive followed them all.

It is illegal in both the USA and Canada to damage data within
a computer system which is used or operated by the
government. This means that if you write a virus, and it
eventually infects a government system (highly probable),
you are in violation of the law. Inclusive in this category
are damages incurred due to computer stoppages (i.e.
writing a virus that causes a computer to crash or become
unusable), and viruses that destroy data.

The question regarding the writing of malevolent computer
viruses being illegal isn't really that hard to answer: It is
illegal to write and spread a virus that infects a government
system. Federal law is unclear as to whether this extends to
private computer systems as well, but State statutes are frequently
unequivocal about defining virus-related crimes against property.

The question has come up, however, about the distribution
of viruses and virus-related programs. A general guideline
is that it is legal to distribute viruses, for example, on a BBS,
as long as the people who are downloading the virus know
EXACTLY what they are getting. If you intentionally infect a
file and make it available for downloading, you may be
subject to prosecution. Your conscience should be your
guide in this kind of a situation. If a virus distributed by you
is used to damage or otherwise modify a major system, you can be
held accountable.

Note that there are different kinds of distribution for viruses.
If you simply make a virus available on a web page, and clearly
label it as such, then you are unlikely to face any (criminal)
consequences. The possibility exists, however, that you could
be charged under "incitement" laws - in other words, it could
be argued that distributing viruses on web pages (even if clearly
labeled as such) amounts to inciting other people to use the
viruses to break laws.

If you distribute the virus via newsgroups, however,
you may be held liable. Distributing viruses via newsgroups, e-mail
lists, and the like can lead to prosecution because these media 'push'
viruses to people who would otherwise not want them on their systems.
This is not the case with simply placing a virus on a web page (provided
your ISP doesn't have problems with it). Keep in mind, however, that
an ISP's stance on viruses can change quickly if negative publicity
comes about due to their inaction in removing the viruses on their
systems.

The reason that the explanations in this section are vague
is that the laws in various states, provinces, etc., are
different, and you should check with your local police before
you decide you want to distribute viruses.

If you spread a virus unknowingly, you generally cannot be
prosecuted unless it can be proven that you spread the
virus due to pure carelessness. The definition of
carelessness has not been tested in a court of law, as
far as I know at the date of writing (9/22/95)

The Canadian Criminal Code
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Please bear in mind that the following information was culled from the
Criminal Code in 1993 and those sections may have been expanded or
revised since then, or possibly some computer-specific legislation may
have been enacted of which we are unaware.

No mention is made in the Code (as of 1993) of computer viruses as such,
but it would seem that prosecution under Sec. 430 (Mischief) or
section 342.1 (Unauthorized use of computer) would be appropriate.

Apparently the laws governing trespass have not been considered as
having any application in cyberspace. Offenders under section 342.1
would be charged with mischief, which covers a multitude of sins
under Canadian law. The penalties stipulated in Sec. 342.1 are the
same as the penalties for sabotage, just as a point of interest.

A prosecutor would probably deal with incitement (i.e. inciting
somebody else to maliciously use viruses) under Sec. 21 (Parties
to offence), Sec. 463 (Attempts), or Sec. 465 (Conspiracy).

Sec. 21-24 of the Criminal Code may be of interest because they
detail aiding and abetting, incitement, and related issues which
have some application in the realm of viruses.

Under certain circumstances, laws in other countries may be applicable
in cyberspace, where there are no formal territorial boundaries. For
instance, Sec. 465 (4) of the Canadian Criminal Code stipulates that every
one, "while in a place outside Canada" conspires to commit an offence in
Canada "shall be deemed to have conspired in Canada to do that thing."

The UK
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In the UK, the Computer Misuse Act makes it a crime to make an
unauthorised modification on a computer. If you own a computer, you
can authorise anything you want for that computer, so you can
spread a virus on a computer you own. A virus makes a modification,
so if someone deliberately spreads a virus on someone else's
computer, that's a crime. Giving a virus to someone else isn't a
crime if it's with his/her knowledge and permission, however. So,
sending a diskette with a virus on to an AV company, together with
a note saying "There's a virus on this disk, please investigate it
for me" is legal.

If an action is a crime, then encouraging that action can also be a
crime ("incitement").

If you spread a virus unwittingly, then it isn't a crime, as you
don't have "intent".

If someone is negligent, and so spreads a virus (even unwittingly),
then there could be a civil action for damages through negligence.