13) What are the Legal Implications of Computer Viruses? UK
Description
This article is from the Computer viruses FAQ, by David Harley D.Harley@icrf.icnet.uk, George Wenzel gwenzel@telusplanet.net and Bruce Burrell bpb@umich.edu with numerous contributions by others.
13) What are the Legal Implications of Computer Viruses? UK
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.
Further Information
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Computer Crime (Icove, Seger, Von Storch) - O'Reilly
Computer Law & Security Report (periodical) - Elsevier Advanced Technology
Dr. Alan Solomon includes information on Hacking and Virus Laws in the
UK and elsewhere on his webpage at:
http://www.pcug.co.uk/~drsolly/
The ICSA has details on state computer crime laws:
http://www.icsa.net/icsalaws/
Try also:
http://www.law.cornell.edu/
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