Re: EFF/Bernstein Press Release

[John Deters <jad@dsddhc.com>]

>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
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