Re: Bernstein ruling meets the virus law

[Bruce Marshall <brucem@wichita.fn.net>]

On Fri, 19 Apr 1996, Timothy C. May wrote:

> It should be interesting to see what happens when the Bernstein ruling
> (assuming it is further upheld as the court case and appeals proceed) meets
> the proposed law making the writing of virus code a crime.
> 
> If crypto  software is essentially speech, albeit in a non-traditional
> human language, then virus software is no different.

    I think the determination of whether virus software will be 
considered free speech (and thus legal) or speech needing limits 
(illegal) will be based entirely on whether that code is active in system 
memory or just sitting on a hard drive.  

    The U.S. and many other countries already have laws that make it a crime
to destroy or manipulate data in an unauthorized manner, which active viruses
would qualify as doing.  In comparison to someone shouting "I have a bomb," on
an airplane, this type of speech is already illegal.  However, I would have 
no problem with people having viruses or virus source code on their own 
computers or sharing this code with others as long as the receiver is 
aware of the infective nature of the software.  

    My guess is that the law will probably pan out in this manner.

Bruce Marshall