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Is Virus Spreading Criminal?

Posted by CmdrTaco on from the oh-dear dept.

Ghost-in-the-shell writes "I just read this article on CNN stating that spreading a virus in the state of Pennsylvania is now illegal. The bill signed in to Law on May 26th, by Governor Tom Ridge states that the spreading of a virus can land you 7 years in jail, a $15,000 fine, and possible restitution to the person(s) damaged by the virus. My only question is what happens in the cases of a virus like the famed "Melissa" who automatically passes it's self around? "

5 of 270 comments (clear)

  1. Poster's question by gad_zuki! · · Score: 5

    People who intentionally spread a computer virus face a seven-year prison sentence and a $15,000 fine

    It does say intentionally.

  2. Not all intentional viruses are *amateur* by orpheus · · Score: 5

    The RADIATE (formerly Aureate) monitoring programs that are packaged with over 400 freeware, shareware and demo programs is a perfect example of a deliberately spread virus (in Win9x)

    1) you are not informed that a *separate* program will be installed, in addition to the program you intend to install. This program can monitor your activity even when the program it came with is not in use.

    2) the monitor program is not removed when you uninstall the 'carrier' free/shareware program or purchase the paid version of a demo. In fact, there is no way to completely remove it except through an external program like OptOut from Steve Gibson (freeware)

    Sounds like a classic, deliberate, and very malicious 'virus'. I'm sure there's something in the license allowing the installation, but nothing about it persisting forever (even after you remove the program the license applies to). True, you could prosecute under the 'unauthorized computer use' felony, but I think the virus law gives a better tool, since the virus+vector model is a familiar one (putting an unannounced virus inside a desired executable doesn't make it less of a virus)

    --

    If you can go to bed, knowing you did a valuable thing today, you're very lucky. If you can't... it's not bedtime

  3. What if you got authorization? by Jeff+Bell · · Score: 5
    I'm surprized that none of the viruses have tried this yet, but what would happen if the virus first popped up a dialog box with a lot of legalese at the beginning, but a dozen screenfulls down includes as terms:

    ...

    19. I understand that this software may send copies of itself to everyone in my address book.

    20. The authors of this software shall not be held responsible for any data that may be lost.

    Certainly a very large portion of the population would click on the [ACCEPT] button as a matter of reflex. It wouldn't even make it out of the brain stem.

    Would the author of this virus be subject to prosecution?

    Would they be safer in states that have passed UCITA?

    -Jeff Bell

  4. VIRUS Definition by PopeAlien · · Score: 5

    Interfering with a computer, system, or network or giving out a password or other confidential information about a system is a misdemeanor of the first degree, with a maximum penalty of five years and $10,000 fine.

    OK. So we all know about "bad" viruses -Mellisa, etc, and "trojans" -but what I want to know is how this legislation can be used to keep Large Corporations from digging around in my HardDrive..

    When RealNetworks or Aureate/Radiate add "special features" to their software to profile my music listening habits, or track my web access from within, rather than from accessed pages- does that count as "Interfering, or giving out confidential information".
    -

    --
    air and light and time and space
  5. Couldn't it be argued however that.... by Randy+Rathbun · · Score: 5

    everyone and his brother should know by now NOT to launch attachments?

    I got to deal with the ILOVEYOU virus. It was not the secretary that launched it. It was not the big boss that launched it. It was one of the other programmers that launched it. Trust me, after humiliating him I don't think he would be stupid enough to do something like this again, but one never knows.

    Also, a friend of mine works for a large company. IS sent around a message saying "Do not under any circumstances launch this app." 15 minutes later someone did because they "wanted to see what it would do." This also happened at one of the local hospitals.

    Couldn't one argue that in all three of the cases I mentioned that it WAS intentional in every case? Just because you are stupid does not under any circumstance give you the right to do stupid things.