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- 40Hex Issue 10 Volume 3 Number 1 File 009
-
- 40-hex Survey:
- Should Writing a Virus Be Outlawed?
-
- by DecimatoR
-
-
- Recently, while conversing with Garbageheap, I was inspired with the
- idea for this article. So, with the help of a lot of people in the UseNet
- alt.security and comp.virus newsgroups, I have determined what seems to be
- the answer to my question. My thanks to all who responded - couldn't have
- done it without ya!
-
- I posted this message in alt.security and comp.virus:
-
- "Greetings....
-
- Some of you may read the infamous 40-Hex Virus magazine, published
- by us. If so, we'd like your opinions for a survery we're doing.
- The results of this survey will be published in 40-hex #10.
-
- Here are the survey questions. Please answer them, and respond via
- email to me. You may respond with simple Yes or No answers, or you
- may be as wordy as you want. Please note - ANY response given might
- be published in 40-hex magazine. Now, the questions:
-
- 1) Should it be Federally illegal to write a computer virus?
-
- 2) Should it be Federally illegal to distribute computer viruses,
- to KNOWING individuals (ie on "virus" boards)? (This does NOT
- mean infecting another person with a virus - it means giving
- them a copy of a virus, and making sure they KNOW it is a virus)
-
- 3) If executable virus code is illegal, then should the SOURCE code
- to the viruses be illegal to copy, sell, or other wise distribute?
-
- Please mail me with YOUR opinions to the above, and feel free to
- explain your views, or present other opinions you may have. We are
- attempting to get a general idea as to the thoughts of people,
- therefore we are posting this to COMP.VIRUS, and ALT.SECURITY, and
- any other appropriate newsgroups.
-
- Please note - we are NOT interested in the legallity of SPREADING
- virus code by infection - that IS already illegal. We are also not
- interested in the ethic issues of viruses. We want your opinions as
- to what should be OUTLAWED, and what should be LEGAL. Of course, any
- other opinions you may wish to add are welcome.
-
- Thanks for your time and consideration..
-
- --DecimatoR
- Phalcon/Skism
- 40-Hex Magazine Columnist"
-
-
-
- Amazingly, almost all of the responses stated that NO, it _SHOULD_NOT_ be
- illegal to write, or distribute (to knowing persons) a computer virus. Many
- respondees regarded that as censorship, and wanted nothing of the sort.
- However, there were a few replies which, while not condoning the outlawing of
- virus creation, also certainly did not condone the authoring or distributing
- of viruses. There was one man, from England, though, who firmly stated that
- there should be international laws banning the creation of, distribution of,
- and sharing of virus source code. The fact that only one person responded in
- this manner surprised me. I expected more.
-
- Here are a few quotes from the responses I got. There are no names or
- addresses attatched in most cases. I posted my original survey question
- through an anonymous mailer, since I wasn't too sure of the response I'd get,
- and in turn, the responses were also anonymous.
-
-
- *******************************************************************************
- 1) Should it be Federally illegal to write a computer virus?
- *******************************************************************************
-
- From David:
-
- "Not at all. The government is already quite behind the times
- when it comes to legislating technical issues. I don't believe
- they are qualified to enact competent legislation. We're talking
- about a government who thought Steve Jackson Games should be raided
- for compiling a cyberpunk roleplaying supplement...
-
- Leaving aside the question of their technical knowledge, it smacks of
- censorship. The inception of a computer program is roughly analogous
- to the writing of a book. Put this way, your question could be
- phrased like:
-
- "Should it be Federally illegal to write a [pornographic,
- anarchistic, insert-favorite-word-here] book?"
-
- We know that the writing of a book is protected by the US constitution
- as a form of expression. The writing of a computer program is a similar
- form of expression, and should thus be inviolate..."
-
- --------------------------
-
- From: an11445@anon.penet.fi:
-
- NO! however, if people do not exhibit ethical behaviour regarding
- viruses, they are forcing such a law to be made. if someone wants
- the right to write what they want on their own computer, they
- would be well advised to not release to any other person this
- program unless they are -absolutely certain- that person will :
-
- a. not use the program for any damaging purpose
- b. not use the program to play tricks on people
- c. not allow the program to leave his/her hands without
- ensuring the above conditions are met.
-
- --------------------------
-
- From: an10445@anon.penet.fi (Cutthroat):
-
- No.
- A virus is simply a section of code that travels with another section of code.
- Viruses are not inherently malicious.
-
- --------------------------
-
- From: an2284@anon.penet.fi
-
- > 1) Should it be Federally illegal to write a computer virus?
-
- No. It's just code. The minute you start outlawing one kind of program,
- you've introduced censorship.
-
- --------------------------
-
- From: an11290@anon.penet.fi: (Roger)
-
- > 1) Should it be Federally illegal to write a computer virus?
-
- Hard one. The problem is that I'd like it to be legal: people should
- be free to experiment with this kind of stuff providing they keep it
- safe in their own environment. However when parallels are
- sought with current law, we are forced to another conclusion:
- selling a gun is potentially harmless untill the gun is used. It's
- partly the responsibility of the SELLER to keep guns from spreading
- to unqualified people.
-
- Now the question rises: can a computer Virus be compared to a GUN.
- I think it can: both are harmless until employed in a dangerous
- fashion.
-
- In short computer viruses provide a threat to our society. Current
- law prohibits possession of objects that pose a threat to society.
- (Partly because this makes it easier to prosecute people that most
- likely want to employ these objects in a bad way).
-
-
- --------------------------
-
- From: Josh@lehigh
-
- Absolutely not. It's a crummy, unethical, lousy, rotten, thing to do,
- but making it illegal to write *any* type of a computer program is
- reminiscent of George Orwell's "1984" and Big Brother. There is also
- too much speculation as to what a clear-cut, 100% absolute definition
- of a computer virus is. If it's just something that remains in memory
- and does something the user is not fully aware of, you're eliminating
- a significant number of useful programs such as disk caches and even
- virus scanners--how many people are fully aware of the mechanical
- workings of a virus scanner or a disk cache? Other definitions can
- be twisted in similar manners, making just about everything a "virus"
- in some aspect.
-
-
- --------------------------
-
- From Oliver in the UK:
-
- I believe that it should not only be Federally illegal, but Internationally
- illegal to write a computer virus. However, one should look at the
- difficulty of enforcing such a law. From what point onwards does
- a program qualify as a virus; those questions, looking at the heated
- regular debate on virus-l, are far from being answered categorically.
- The bottom line, IMHO, is that enforcement of a federal law against
- computer viruses writing is very hard. Moreover, most academic and
- company sites forbid their users in using computing facilities for
- writing viruses anyway, and it should be up to them to make sure
- locally that no viruses are written on their facilities.
-
- --------------------------
-
- From Jay:
-
- Of course not, this is a first amendment right in the USA. Writing a
- virus is no different than writing any other computer program. Many
- "normal" computer programs share common coding methods with viruses.
- Who is to say that you intend malice by writing a small chunk of
- software? Are we supposed to sit down and have code reviews with
- federal agents in random spot checks to make sure we aren't writing
- malicious code? That's silly.
-
-
- --------------------------
-
- From Ed:
-
- No. This is not the correct way to deal with the virus problem.
- Any form of restriction placed upon what someone does with their own
- computer would be unconstitutional, as it removes our personal rights.
- It has been said that the more numerous the laws, the more corrupt the
- state. As the law stands, you can do what you want out *your* computer,
- but as soon as you infect *mine* it becomes illegal, and that is the
- way it must remain, or else the rights of everyone will be damaged.
-
-
- *******************************************************************************
- 2) Should it be Federally illegal to distribute computer viruses,
- to KNOWING individuals (ie on "virus" boards)? (This does NOT
- mean infecting another person with a virus - it means giving
- them a copy of a virus, and making sure they KNOW it is a virus)
- *******************************************************************************
-
- David:
-
- "Again, no. The distribution of information should be constitutionally
- protected. There are legitimate reasons why someone may want or need
- the source or executable form of a virus. The most obvious is in the
- field of virus research. It is necessary to obtain the virus in question
- in order to devise a vaccine for it. Security through obscurity
- has been tried before; it's great until some "unauthorized" person
- gets hold of some information others are hiding. He's free to use
- it to great success because the legitimate users don't know exactly
- what he's got, making it hard to devise a defense.
-
- A good example of this type of argument might be:
- Criminals have guns. It should be illegal to have
- a gun. In fact, let's keep the "knowing individuals"
- (ie. the police) from having them too... "
-
- ___________________________
-
- From: an11445@anon.penet.fi:
-
- just because you make sure they KNOW it's a virus does not mean they
- will not do some destructive thing with it, perhaps even unintentionally.
- in my paper, 'circular time line model for addressing the impact of virus
- exchange bbs', i support the conclusion that it will not especially help
- to do this, and that it may not be even the most efficient way to deal
- with the problem of computer viruses.
-
- if people will not do the things that are right, however, they force
- people to do the things that are wrong, in this case.
-
- ---------------------------
-
- From: an10445@anon.penet.fi (Cutthroat):
-
- No.
- A weak system can be hit by a virus. A strong system is less likely to
- be hit by a virus.
- Make computers more secure. Viruses will always exist.
-
- ---------------------------
-
- From: an2284@anon.penet.fi
-
- > 2) Should it be Federally illegal to distribute computer viruses,
- > to KNOWING individuals (ie on "virus" boards)? (This does NOT
- > mean infecting another person with a virus - it means giving
- > them a copy of a virus, and making sure they KNOW it is a virus)
-
- Nope. It's just *executable* code this time. :-)
-
- ---------------------------
-
- From: an11290@anon.penet.fi: (Roger)
-
- > 2) Should it be Federally illegal to distribute computer viruses,
- > to KNOWING individuals (ie on "virus" boards)? (This does NOT
- > mean infecting another person with a virus - it means giving
- > them a copy of a virus, and making sure they KNOW it is a virus)
-
- Following the reasoning in the answer to the last question: yes. However
- I think there is a difference between distributing the actual code and
- only pseudo code. It's like telling someone the principle of an atom bomb,
- or sending him a "do it yourself kit". The last is certainly beyond the
- limit, whereas the first isn't.
-
- ---------------------------
-
- From Josh@lehigh:
-
- Doing so would absolutely cripple virus-fighting developments. If a
- user cannot legally send a virus-infected program to the author of a
- virus scanner/cleaner, it becomes impossible for the utility to detect
- and/or remove that type of virus unless the author somehow becomes
- accidentally infected by it.
-
-
- ---------------------------
-
- From Oliver in the UK:
-
- > 2) Should it be Federally illegal to distribute computer viruses,
- > to KNOWING individuals (ie on "virus" boards)? (This does NOT
- > mean infecting another person with a virus - it means giving
- > them a copy of a virus, and making sure they KNOW it is a virus)
-
- Yes. Virus boards, etc. are all nests for hackers-crackers & people
- envolved in the "computer-underworld". Distribution of sources on
- BBS to knowing individuals can only add to the spread of computer
- viruses. In addition to that, so many people would then be able to
- modify the original source code, that one would end-up with a
- virtually unlimited number of variants of each virus - definitely
- the horror scenario.
-
- ---------------------------
-
- From Paul Ferguson:
-
- That depends. If it can be proven in a court of law that the
- provider of the computer virus knew before-hand that recipient
- would irresponsibly allow it to pass into the hands of someone
- who would a.) willingly transplant it into an unsuspecting public
- domain or b.) modify it and then release it into an unsuspecting
- public domain, then YES, I believe that is wrongful action that
- should be illegal. If the program (virus) is passed amongst two
- trusted individuals with little or no chance of it "escaping"
- into the public domain, then that is a matter of personal
- transaction which does not affect other computerists.
-
-
- ---------------------------
-
- From Jay:
-
- > 2) Should it be Federally illegal to distribute computer viruses,
- > to KNOWING individuals (ie on "virus" boards)? (This does NOT
- > mean infecting another person with a virus - it means giving
- > them a copy of a virus, and making sure they KNOW it is a virus)
-
- Of course not, if you write a note on a piece of paper and share it with
- a friend, is that a federal offense? What if that note contains information
- that could show your friend how to kill someone? What if the note contains
- a beautiful little poem that happens to describes how to kill someone?
- Software is a vehicle for expressing an idea or concept, no different from
- the written word. If there is no malice, there is no crime. It's not
- illegal to infect someone with a virus if you don't know that you passed
- it along, so why should it be illegal to give away a virus to someone
- who can handle it?
-
-
- ---------------------------
-
- From Ed:
-
- > Should the distribution of viruses to knowing individuals be illegal?
-
- Again, no. One reason is that I doubt very many virus authors would
- heed such a law, and so only the anti-virus community would suffer,
- making conditions worse. Another reason is the First Ammendment of the
- Constitution of the United States, which guarantees freedom of speech
- to everyone. Distribution of viral code is a form of speech, as it is
- a transfer of data and information. If it weren't for virus transactions,
- no one virus scanner would be very complete, as each would only detect
- a handful of viruses, and one would have to obtain a copy of every scanner
- to have a complete detection system.
-
-
-
- *******************************************************************************
- 3) If executable virus code is illegal, then should the SOURCE code
- to the viruses be illegal to copy, sell, or other wise distribute?
- *******************************************************************************
-
- David:
- "I don't agree that either should be illegal, but outlawing the source
- would make it much more difficult to devise a defense. It's an extension
- of the above argument..."
-
- ----------------------------
-
- From: an11445@anon.penet.fi:
-
- >> 3) If executable virus code is illegal, then should the SOURCE code
- >> to the viruses be illegal to copy, sell, or other wise distribute?
-
- If, then; else not. but should be not to begin with.
-
- ----------------------------
-
- From: an11184@anon.penet.fi
-
- The answers arise from my views about individual freedom for every human.
- Governments should interfere as little as possible in this.
-
- ---------------------------
-
- From: an10445@anon.penet.fi (Cutthroat):
-
- No.
- A virus is less likely to be "accidently" released if it exists only
- as source code.
- Viruses are much easier to study for "legitimate" security purposes
- if it is released as source code.
-
- ---------------------------
-
- From Josh@lehigh:
-
- For similar reasons to 1) above, the thought is abhorrent. Taking an
- extreme example, suppose I was to write a compiler. The source code
- for this compiler consists of any text file, and its output is a file
- infector which randomly stamps the source code (text file) on someone's
- hard drive. Therefore, your resume, your letters--in short, any text
- you have whatsoever--becomes source code for a virus. Big brother
- returns--and with a vengeance.
-
- ---------------------------
-
- From Oliver in the UK:
-
- > 3) If executable virus code is illegal, then should the SOURCE code
- > to the viruses be illegal to copy, sell, or other wise distribute?
-
- See the answer to 2. The SOURCE code is even more lethal than the
- executable. The only way that such code would be transfered, should
- be for research purposes. I am talking here about serious scientific
- research. The more people that have access to source viral code, the
- more likely it is for non-authorised people to have access to it.
- In scientific research, a researcher has access to chemicals & data
- which (s)he is often not entitled to take out of the lab. The same
- should be for viral code.
-
- The argument of making Viral Code available to the public "because this
- is the only way to get to know about computer viruses" is hence a
- stupid argument. The sole purpose of releasing viral source code to
- the public is misleadingly "for informational purposes only" and can
- alas only lead to further propagation of the virus itself, as well as
- new variants.
-
- ---------------------------
-
- From Paul Ferguson:
-
- Executable code of any kind should not ever (and will not, IMHO)
- be illegal. That is absurd. It is the use of said code that would
- constitute a violation of another's practice of safe computing. If
- this code (viruses) are released into the public domain, I consider
- it a practice of reckless computing. Hey, we have laws against
- reckless driving and reckless endangerment, why not reckless
- computing?
-
-
- ---------------------------
-
- From Jay:
-
- > 3) If executable virus code is illegal, then should the SOURCE code
- > to the viruses be illegal to copy, sell, or other wise distribute?
-
- Executable code shouldn't be illegal. Is it illegal to translate a book
- from English to Spanish? Can you translate a book from English to Spanish
- without knowing either language? You CAN convert source code to executable
- code without knowing the source language, or assembly/machine code.
-
- Let's assume that I was to give a computer illiterate friend, a floppy
- containing source code to computer mortgage payments, a public domain
- compiler, and instructions for compiling the application, "type MAKE".
- Lets also assume that I received the source code from someone else, and
- the code contained a virus hidden in the source (in source code form) that
- I was unaware of. If the friend follows the instructions, and compiles
- the virus did he break the law? He thought he was just getting a program
- to calculate mortgage payments. Am I guilty of a crime? I just gave a
- friend some innocent source code. This is ludicrous.
-
- If source code for a virus causes no problems for either the giver or
- receiver, why should it be banned? If I write a book that contains a
- series of instructions that detail a plan to overthrow the US goverment,
- is that a crime? If I sell the book, is that criminal? Tom Clancy does
- it...he sells millions. If I write a book that details instructions
- for overthrowing MSDOS, is that crime? What if I choose distribute it
- electronically?
-
- This is all stupid, prohibiting information doesn't work.
-
- The bottom line is that if an act was done with malice, there may
- be a crime, if the act was done without malice, there is no crime.
-
-
- ---------------------------
-
- From Ed:
-
- > If executable virus transfer is made illegal, should source code be
- > restricted as well?
-
- I would prefer that neither are made illegal, but if this situation were
- to arise, I would have to say no. Source code qualifies for the First
- Ammendment more so than viral samples. Now, I'm not saying it's justified
- to go and give source code to anyone who asks for it, after all why do you
- think there are so many variants of Vienna and Pixel? But legal action used
- to restrict the actual transactions of viral material is not a valid course
- of action, practically or ethically.
-
- I can not condone distribution of viral samples to anyone who asks for it
- (especially "Nuke-EM!!" types), however I've found that many anti-viral
- researchers simply can't obtain the samples they need because they aren't in
- the "inner circle" of trusted anti-virus vendors. It's a very difficult
- issue to deal with, as to how to deal with virus distribution, such as
- who should be allowed to procure the viruses they need, and who shouldn't.
- It's an ethical and moral delemma, but one this is for sure, it should not
- be illegal!
-
-
- *****************************************************************************
- Please mail me with YOUR opinions to the above, and feel free to
- explain your views, or present other opinions you may have.
- *****************************************************************************
-
- From: an11445@anon.penet.fi:
-
- There are already enough laws in existance. we do not need more laws.
- we need people who know how to interpret the existing laws in light of
- the societal and technological changes in our society.
-
- ---------------------------
-
- From Marc:
-
- There is no statement of illegality in this domain that
- wouldn't lead inexorably to the licensing of anti-virus
- software developers and the stifling of most forms of
- independent research into system security. You would end up
- with the same kind of idiocy that makes it impossible to use
- certain drugs as medicines or even to do research with them.
- You would also end up having to give the police extraordinary
- powers to enable enforcement, as in all cases of victimless
- crime.
-
- ---------------------------
-
- ----------------------------------------------------------------------------
- Note From DecimatoR: The following conversation was between myself and
- Oliver, the one person who stated that everything dealing with the creation
- of viruses should be internationally controlled. Since his opinions differed
- so strongly from mine, and most of those I recieved, I chose to include our
- conversation here, unedited. I appreciate the time he took in corresponding
- with me. Thanks, guy.
- ----------------------------------------------------------------------------
-
- (The quoted text is from me, the others from him. Like you couldn't tell)
-
- From Oliver:
-
- Hello,
- I got your 2 emails regarding the fact that I was the only
- person to favour a full clampdown on viruses etc.
- Let me answer the direct questions in your 2 emails:
-
- >Your response so far has been the only one which out-and-out said that YES,
- >viruses, source code for them, etc should be internationally illegal. I
- >actually thought there would be more opinions like yours, however this seems
- >not to be the case. So, if you don't mind, I'd like a little more insight
- >into your ideas. I noticed you were from London, where there have recently
- >been arrests of people who write and sell viruses. I assume you agree that
- >the government has the right to make such an arrest. My question to you:
-
- Yes, I agree with the government regarding those arrests.
-
- >where do you draw the line regarding censorship? Many respondents claimed
- >that banning the writing of viruses would be censorship, to an extreme they
- >are NOT willing to tolerate. You think differently. So, where do you think
- >the line should be drawn? With viruses? Maybe "trojanized" code? Or code
- >that will disable itself after x number of runs?
-
- This is a very difficult line to draw. I think that the first selection that
- one must make is whether the code is to destroy data, or will simply
- replicate (like a worm). The easiest piece of code to look at is trojanized
- code. Its sole purpose is usually to destroy data. I qualify purpose-
- made trojanized code as malicious vandalism. In addition to that,
- "trojanization" of a commercial or public domain program itself already
- breaks the law due to copyright infringements and/or license breaches.
- Viruses are, also by definition, data destructors. Anyone writing a virus
- and planning to distribute it should hence also be breaking the law.
- Worms are supposed not to destroy data; however let us consider the fact
- that a worm spreads on computer systems and a bug in the worm's code
- corrupts user data. What I am trying to get to is the fact that worms
- spread in people's machines without their approval, and I find this to
- be morally wrong. Compare this with, say, skeleton keys of apartments
- in a town. Would you support the idea of making skeleton keys, exchanging
- them on "skeleton-key-BBS" legal ? It would mean that it's legal for anyone
- to have skeleton keys and use them to "visit" apartments at will.
- So here, we are reaching the fact that a computer's HD has now grown
- to be part of someone's house, someone's belongings, someone's living
- space, and that any breach of privacy is unwelcome. Since worms breach
- that privacy, then wouldn't it be a protection for the public to
- outlaw those worms ? So I support the fact of making all code that
- self-replicates from system to system illegal.
-
-
- >Doesn't the intervention of the government in such areas bother you? If
- >not, why not? Obviously your opinions are quite different than mine.
-
- No. The government has many duties towards the people of a country, and
- one of them is protection of the people themselves. Remember, I am
- not asking for the government to censor ideas, I am asking for it to
- stop propagation of malicious items; people often refer to this as
- censorship since we're talking about intellectual data, but this is
- a big mistake. I believe that freedom will be more easily enforceable
- if simple basic laws of morals can be enforced.
- Consider gun laws:
- - in UK, gun laws are very tough indeed. No individual is allowed to
- carry a gun without special permits, and those are extremely hard to
- obtain. Individuals allowed to carry a gun are usually under threat
- from terrorism, etc. Those are very isolated cases. As a result, the
- British police is mostly still unarmed. The number of gun-related
- offenses is very low indeed, and any injury is usually caused by knives.
- As a result, repression from the British police needs not be so strong.
- - in USA, in some states, gun laws are very relaxed. Gun-related offenses
- are high, and the US police needs to carry guns as well. The amount of
- repression used by the police has to be much higher than elsewhere.
- I was shocked to hear that police in USA had their gun out when stopping
- a car for speeding. How "friendly" does that make them ?
- Pro-gun individuals would immediately shout that any clamping-down on
- guns is a breach of their freedom, etc. etc. And they even have an
- advantage over pro-virus-enthusiasts that they can argue that the gun
- is for their safety, while I can't think of a positive use for a virus.
-
- >is a good thing, because I am looking for differing points of view. I
- >consider England to be far too strict in censorship, and government control.
- >It would really bother me to have to put up with that kind of control over
- >my life. Yet you seem to agree with it.
-
- Agreed, there are a few things which the UK government censors that I
- don't agree with. But take, for example, the freedom of the press:
- - Should newspapers have the right to write *anything* about *anyone* ?
- Freedom of speech in this case is only possible if newspaper editors
- are reasonable about what they write. But what often happens is that
- editors praise their "freedom of speech" and allow defammatory articles,
- made-up of lies, etc., thus hurting individuals to such an extent that
- those individuals may have their life affected by that so-called "freedom-
- of-speech" forever.
- Full open democracy, full freedom of speech, full openness only works when
- everybody is nice and kind, and no-one is malicious etc. But this unfortu-
- nately isn't the case in real life. Censorship has to be applied in areas
- which could hurt more people than help them.
-
-
- >like your answers to a few more in-depth questions. First of all, many who
- >responded said that banning viruses would be a form of censorship, one which
- >they would not be willing to tolerate. How would you reply to this?
-
- Censorship applies both to intellectual ideas, as well as material ideas.
- The only thing that people make mistakes about is believing that censorship
- of intellectual ideas is bad, and censorship of things (something which
- may be dangerous to them - say a chemical) is okay. The big mistake made
- is to think that intellectual ideas may not hurt them. Computer viruses
- are thought of as intellectual ideas, and thus people usually adopt a
- soft policy towards them by thinking that it cannot hurt them.
-
- >ALso, I believe you are from England, what do you think of the recent raids
- >on virus writers, and the man who was selling virueses in your country?
- >Good? Bad?
-
- I completely agree with the government on those matters. What good to society
- are virus writers ? Their sole purpose was to spread their viruses
- worldwide. Their initial statement (which I didn't keep a copy of,
- unfortunately, thinking it was a joke) was so childishly written, I
- could not believe it, but let's not divert to talk about the personality
- of some virus writers. The fact is clear: Viruses can do more harm than
- a lot of other things in life. Have you ever witnessed someone who has
- made no backup of his work, and has had much of his work destroyed by
- a virus ? We aren't talking here about a corrupted copy of Windows 3.1
- that can be re-installed in 30 minutes but about 1 week's original
- work from somebody. I personally haven't been hit, but I have seen people
- in the labs here, and believe me, it's time we stop treating virus-writers
- as "joyful hackers" that do this for fun.
-
- >And lastly, a question: do you write computer programs? If so, then doesn't
- >it bother you knowing that you are _not_allowed_ to write a certain KIND of
- >program, simply because the government considers it "bad"?
-
- I write computer programs daily, in the course of my research (which is
- unrelated to viruses). I use my programming skills to develop systems
- not only for my benefit but also for the benefit of mankind, through
- better future telecommunication systems. My competence in programming
- is high enough to write viruses, trojans, etc. but I am not attracted to
- it whatsoever. If those programming geniuses (aka virus writers), devoted
- their programming time to other activities than virus writing, than
- perhaps they would be able to make something out of their life, instead
- or ruining other people's.
- But let's imagine that I was interested in writing a virus. Who would know ?
- If I wrote a virus on my PC at home, and not release it, not publicize it,
- not mention it to anyone, who would know ? If then I made a mistake,
- and transfered it (against my will) to my computer at work, and infected
- computers all around the place, then whose fault would it be ? Mine.
- I would then have to be ready to face the consequences.
-
- >think censorship and banning of code should go? And, for those who violate
- >the bans, what punishment do you believe is suitable?
-
- Banning of the code, IMHO, should be as far as public posting of the
- source on BBS, distribution by any means, infection of any computer.
- I am hesitating about banning the publication of flow charts for the
- code, since this would involve a fair amount of work from potential
- copycats. But banning of full-working virus sources is certainly a
- priority.
- I am not a lawyer, so it would be hard for me to expand on the form of
- punishment for those violating the bans. I think that each case should
- have to be taken separately, depending on the potential danger of
- each piece of code, and also on the damage already inflicted (if any)
- before the trial.
-
- Cheers,
-
- Oliver
-
-
- --------------------------
- Final note from Dec:
- --------------------------
-
-
- All in all, the majority response was that no, the coding of and distributing
- of virus code should _not_ be outlawed in the United States. Of course, I
- certainly feel the same way. The government should NOT be able to say that
- any piece of code, no matter what the purpose or possible use may be, should
- not be written. Programming is freedom of expression, and to some, even art.
- To limit that with laws and stipulations not only takes away the rights of ALL
- Americans, but goes against the freedoms that America was founded upon.
-
- No matter what your point of view on viruses - be they ethical, unethical,
- whether you write them or hunt them down and destroy them, I truly hope you
- would never want them to be outlawed.
-
- Of course, I should mention my views concerning the spreading of viruses to
- unknowing users. I firmly believe that such action IS unethical, and, quite
- simply, wrong. And yes, that action SHOULD be made illegal. Many of the
- respondees to my post compared the legallities of viruses with those of
- firearms. While this may be a valid comparison in some cases, in others it is
- quite unrealistic. Most who used this idea said that virus code should be
- restricted to those responsible enough to handle it, just like guns are
- restricted to those who are responsible. I have a small problem with this.
- Firearms are restricted because they can be used to cause serious or fatal
- injuries. No computer virus can be used to kill another person. However, no
- gun actually KILLS another person. People kill people, the gun is simply an
- instrument used. Maybe a knife would be a better comparison. Just becuase
- murders are committed with knives, should we restrict them? OR ban them
- outright? No, of course not. Same with viruses. Although they have the
- potential to be used in destructive ways, they should not be banned. The
- people who abuse them should be treated as the criminals they are. The people
- who create and help educate others with them should not be treated as
- criminals.
-
- We in Phalcon/Skism all believe in the freedom of information, and the right
- that each and every American has to his own opinions. Yes, we've written
- viruses, and yes, we have no qualms about distributing virus code. (This
- magazine is one good example) No one will be injured through our actions,
- because we simply cranked out this 100% ascii text magazine. We don't spread
- our creations intentionally. We do distribute them to those who want them,
- and sometimes people do spread them. We cannot control the actions of others.
- Breaking the law is wrong. We don't break the law by programming. We don't
- break the law by sharing code. Don't hold us responsible for those who use
- our creations to break the law. After all, you wouldn't hold Smith and Wesson
- responsible for a crime committed using one of their firearms, would you? No.
- Nor would you hold GMC, Inc. responsible for a death caused by a drunk driving
- one of their vehicles. They were not at fault for creating the vehicle. The
- drunk was at fault for acting the way he did. Same goes for viruses, and virus
- authors. Don't place the blame on the wrong party. There is a strong
- difference between creation and abuse.
-
- Next time you ponder the legality of virus writing, think about this. You
- wouldn't want cars banned just because a few people don't handle them
- responsibly. Attack the criminal, not the creator. And NEVER take away a
- person's right to create.
- --DecimatoR
- Phalcon/Skism
-
- Author's Note:
-
- This article is dedicated to the members of the ARCV, a England based group of
- virus authors, who were arrested, jailed, and had their equipment confiscated,
- simply because they chose to express themselves through the creation of self-
- replicating code. This is also dedicated to the man arested by Scotland Yard
- on December 10th, for advertising to sell virus code in the UK.
-
- I hope to God that NEVER would ANYONE in America need to fear for their
- freedom, simply because they chose to program a computer or sell public domain
- code.
-
-
-