From: John Deters <jad@dsddhc.com>
Date: Fri, 19 Apr 1996 09:08:18 +0800
To: all right who set the CuteDuckBit TRUE <cypherpunks@toad.com>
Subject: Re: EFF/Bernstein Press Release
Message-ID: <2.2.32.19960418195209.00393610@labg30>
MIME-Version: 1.0
Content-Type: text/plain


>On Thu, 18 Apr 1996, Mark Neely wrote:
>
>> Well, that puts legislation making virus authoring a crime
>> into a new (and difficult) position.

My understanding is that it isn't illegal to author a virus, but it
certainly would be to release it.

Preventing someone from writing a virus would be prior restraint, which is a
big no-no with lots of precedent.  See the excellent page at EFF for a
discussion on
prior restraint:

 http://www.eff.org/pub/Legal/Cases/sjg_neidorf_eff.summary

(Oooh, how's that you net.legal.beagles, citing web pages instead of cases?)  
So, you'd be able to write all the viruses you wanted.  Turn 'em loose?
Well, then you've stepped in it.

--
J. Deters
>From our _1996_Conflict_of_Interest_Statement_, re: our No Gift policy:
 "If you receive any alcoholic beverages, for example, a bottle of wine,
  you must give the gift to your location Human Resources Manager." 
This memo is from the Senior V.P. of Human Resources.
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