13) What are the Legal Implications of Computer Viruses? USA & Canada
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? USA & Canada
The following is an interpretation of the laws in the USA and
Canada, and has no legal standing as an authoritative document in
those countries or any other. Relevant legislation in other parts of
the world may be very different and in some cases far stricter.
Many thanks to David J. Loundy for his assistance with the legalities
regarding computer crime. A valuable source of information on this
topic can be found in his E-Law paper, which can be accessed
via the URL:
http://www.Loundy.com/E-LAW/E-Law4-full.html
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)
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