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- MINNESOTA INVOKES COMPUTER LAW
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- Several Other States Are Attempting to Implement Similar Measures
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- By Rachel Parker
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- ST. PAUL, MN. -- In the wake of the computer virus scare, the state of
- Minnesota is getting ready to implement the first computer crime law
- directed at individuals who distribute destructive software.
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- The Minnesota Computer Virus Crime Bill was passed and signed into law
- in May. The law will take affect August 1, and will apply to crimes
- committed after that date.
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- The new law prohibits the "intentional distribution of destructive
- computer programs," which are defined as programs that degrade the
- performance of or disable a computer, peripheral, or programming. In
- addition, any program that produces unauthorized data -- which
- includes data that simply takes up memory space -- or alters data, is
- also considered destructive.
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- "We are trying to get the message out to programmers that they have to
- be responsible in their programming," said Daniel Kluth, a Minneapolis
- attorney who drafted the new law. "We are raising the stakes", he
- said.
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- The law is accompanied by penalties ranging from a small fine and 90
- days in jail -- for crimes that do not result in any damage to a
- computer system -- up to 10 years in prison and $50,000 in fines for
- crimes that result in more than $2500 worth of damage.
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- The Minnesota law is one of the first computer crime bills to
- specifically address the issue of computer viruses and Trojan Horses.
- Maryland and West Virginia recently passed computer virus crime bills,
- and several other states, including California, are working on similar
- measures, according to Kluth.
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- In addition, two Congressman have proposed laws that would make the
- distribution of harmful computer code a federal crime.
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- The computer industry is taking a leading role in these laws
- principally to prevent viruses from tarnishing its reputation.
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- "We looked at existing crime statutes, and it was not clear that a
- virus is a crime," Kluth said. "From the developers standpoint, of
- course, it is a crime because it can sink a small company by damaging
- its reputation."
-