From: Mark Aldrich <maldrich@grctechs.va.grci.com>
Date: Tue, 23 Apr 1996 08:16:23 +0800
To: Bruce Marshall <brucem@wichita.fn.net>
Subject: Re: Bernstein ruling meets the virus law
In-Reply-To: <Pine.BSI.3.91.960422084746.14906B-100000@wichita.fn.net>
Message-ID: <Pine.SCO.3.91.960422142653.7158C-100000@grctechs.va.grci.com>
MIME-Version: 1.0
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On Mon, 22 Apr 1996, Bruce Marshall wrote:

> Date: Mon, 22 Apr 1996 08:50:21 -0500 (CDT)
> From: Bruce Marshall <brucem@wichita.fn.net>
> Subject: Re: Bernstein ruling meets the virus law
> 
> On Sat, 20 Apr 1996, Steve Reid wrote:
> 
> > In Canada, there is a law that makes "unauthorized use of computing
> > resources" illegal. That makes both hacking and malicious virus spreading
> > illegal with one law, without making it illegal to share virus information
> > and source code. 
> 
>      Several other countries have very similiar laws.  However, I had 
> heard a somewhat unproven rumor that a U.S. state had actually made the 
> writing of programs with malicious purposes illegal.  Basically meaning 
> that if you write a virus you have committed a crime.  Like I said 
> though, this was just a statement in a message so I can't vouch for the 
> accuracy.

But, define "malicious purpose."  One man's low-level format is another 
man's desired application of the moment.  I hate to paraphrase a tired 
line, but "self-replicating programs don't hurt computers - mean people 
do."  The term "virus" connotes a pathogenic quality in the mind of 
many.  Unfortunately, this tendency continues in the use of the word 
'virus' within our community.

While I understand that "intent" is something with which lawyers have to 
contend when they defend or prosecute a case, I don't think that the 
notion of intent to commit harm extrapolates correctly into the field of 
virus writing. 

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