NETWORK WORLD NEWSLETTER: M. E. KABAY ON SECURITY
10/12/04
Today's focus:  Anti-virus laws?

Dear [EMAIL PROTECTED],

In this issue:

* The thorny question of outlawing virus writing
* Links related to Security
* Featured reader resource
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Today's focus:  Anti-virus laws?

By M. E. Kabay

Every now and then the topic comes up of whether it makes any 
sense to pass laws against writing viruses.

For as long as I have been involved in it (since the early 
1990s), some people have argued that writing a virus should 
itself be illegal. Such laws would make it clear to everyone 
that writing viruses is _bad_. Having legally prescribed 
punishments for virus writing would discourage some (not all) 
casual hobbyists from contributing their pathetic efforts to the 
pool of viruses.

However, others object that such laws would make anti-virus work 
more difficult. They warn that regulating virus writing might 
justify a new bureaucracy dedicated to virus control. The law 
might be unenforceable and therefore ill-advised. Even more 
fundamentally, the harm from a virus, they argue, comes not from 
its existence but from its dissemination to unsuspecting 
victims. Writing the virus does nothing as long as other people 
don't infect their computers. Even sending the virus to a 
willing recipient doesn't seem to be a problem: after all, 
people are free to run whatever programs they want on their own 
computers. Making virus _writing_ illegal would be a form of 
prior restraint and divert attention away from monitoring or 
punishing clearly harmful acts.

Even defining a virus in legal terms would be difficult, 
especially given the low level of technical knowledge among the 
legislatures of the world. Some humorists argue that a sloppy 
definition might classify Windows itself as a virus.

Furthermore, say the skeptics, viruses are written all over the 
world and the damages often occur in other countries. How will 
anti-virus laws be enforced internationally?

I would like to see clear laws in place worldwide making it a 
serious crime to write computer programs which, without 
permission, insert their own code into programs or other 
executable code. To include worms, we might have to include 
programs which propagate without authorization. This simple idea 
would focus on the fundamental attribute of viruses and worms: 
their sneaky invasion of _our_ computers. Ideally, the U.N. 
would frame a convention urging nations to allow extradition of 
people alleged to have written viruses that have harmed the 
citizens of another nation.

More in the next column.
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To contact: M. E. Kabay

M. E. Kabay, Ph.D., CISSP, is Associate Professor in the 
Division of Business and Management at Norwich University in 
Northfield, Vt. Mich can be reached by e-mail 
<mailto:[EMAIL PROTECTED]> and his Web site 
<http://www2.norwich.edu/mkabay/index.htm>.

A Master's degree in the management of information assurance in 
18 months of study online from a real university - see 
<http://www3.norwich.edu/msia> 
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Breaking security news:
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