Do Virus Writers Deserve Jailtime?

from the not-quite-the-argument... dept

An interesting “devil’s advocate” piece is trying to question whether or not virus writer’s deserve jailtime, but sort of wanders off, and focuses the discussion on the fact that the computer networks we’ve designed basically invite viruses. In other words, the suggestion is that, rather than punishing virus writers, we should be focusing our efforts on building networks that aren’t quite as susceptible to virus attacks. It’s a nice thought, but it’s not clear how fixing networks and punishing virus writers are mutually exclusive ideas. They can certainly happen in tandem. Of course, whether or not that punishment should involve being sent to jail is an entirely different question.


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Comments on “Do Virus Writers Deserve Jailtime?”

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24 Comments
Doug says:

Seriously??

How can someone argue that because a door can be unlocked you shouldn’t prosecute the thief but should rather build a better lock?? Is the writer of the article from Berkley, CA??

To more directly address the issue, “Yes, virus writers should be susceptiple to jailtime. The amount of jailtime based on the amount of damage inflicted and the amount of compensatory damages they are unable to provide in restitution. Seeing as most viruses now cause millions in damage and lost productivity it seems to reason most virus writers can not pay restitution for the actual damage they cause so jailtime seems the only way to keep them from doing it again.”

Anonymous Coward says:

No Jail Time for the virus writers!

There’s a line between
(1) writing a virus, posting it on usenet and telling the world about it in any imaginable way

and (2) delivering a binary, infecting someone, distributing the toxin and reveling in the destruction or profiting from a botnet.

The writer/author/inventor has to be protected by any means possible however low or loathsome you/i/we think him. That is just common sense!

Its the violator posting the binaries, preparing the emails, waging unprovoked war and his associated that commit the crimes and who deserve the wrath.

If of course the writer also releases you might increase the penalty, but that far different from outlawing independent unpopular thought!

“Die Gedanken sind Frei”

Steve Mueller (user link) says:

Re: No Jail Time for the virus writers!

If of course the writer also releases you might increase the penalty, but that far different from outlawing independent unpopular thought!

While I generally agree that the person who distributes the virus (intentionally) should be held accountable, that last comment is ridiculous.

A virus is not a “thought” or “speech”. While some viruses have included political comments, they are nothing more than delivery mechanisms, no more deserving of protected status than cardboard used to make signs.

A more compelling argument would be that viruses are like many other dangerous things — useful in some ways (even if only for research). Some viruses could even do useful tasks (like the ones that have tried to undo other malware). Even using these arguments, though, viruses are dangerous enough that they should be regulated (just like other dangerous things like guns, alcohol, tobacco, drugs and so on) and their creators should have to take precautions on how they are distributed.

Of course, maybe you also believe spam is free speech and should therefore be protected….

Doug says:

Re: No Jail Time for the virus writers!

I disagree. If you write a virus and are aware of its potential for damage you are liable. Once you have made the code known to someone else, or made it public you are definitely liable.

If you have noble intentions the only person the vulnerabilities need to be made to is the software manufacturer the virus is meant to exploit and let them correct their software.

Precision Blogger (user link) says:

And dark city streets encourage theft, murder

Most of the world’s cities contain streets that encourage crime, but remaking the streets is not the answer. I’ve been in cities where you feel safe at midnight when there’s hardly anyone around. Honest people, and a poplulation that as not desperately poor, helps to make the streets safe.

I’d like to see the virus-builders bankrupt and in jail.
– The Precision Blogger
http://precision-blogging.blogspot.com

HackedandF**DByViruses says:

Are you kidding? Virus writers deserve to DIE!!!

But we should torture them first; take their CPU’s and fuck them up the asses with them, & leave the CPU’s in their asses, then shoot them several times and slice off their heads & leave them there…naw, that’s too good for those malicious little hacker dweeb geeks!!!!

Kyle says:

Re: Are you kidding? Virus writers deserve to DIE!!!

I bet when you’re not on here you (magically) become one of those *Anti gun Liberals* that claim to support toleration and world peace in which every chance you get you make some sort of violent bashing like the post above expecting people to not question you or some how be dumb enough to not notice.

Funny how the world REALLY works. :p

Psssssssst I promise to not tell your superiors your slip up. 🙂

bryan the dude that fuck virus! (user link) says:

clear enough?

have you ever try to think that, when there are no virus, no hacker… So, do u still need to pay for those highly priced “firewalls” or “anti-virus” softwares?

does litterer should be fined at a higher price??

would you LIKE TO lock your wife at house to make sure she will not have fun with other guys???

DO U FEEL ANGRY, WHEN U KNOW SOME BODY IS WORKING HARD, Just To Harm Your Property?????????? (well, this applys to those working as programmer or CG creator.)

CLear Enough?????

F U C K V I R U S W R I T E R !!!

they are scums of nowaday’s society!!!

J U S T L I K E T E R R O R I S T !!!

fuck you virus!!

Kyle says:

Virus authors or theives

It is my belief that anyone convicted of virus distribution should be held financially responsible for any and all costs including time, for virus removal and file recovery. My wife recently opened an e-mail on a desktop that she only uses to store and print photos of our kids and this unit was rendered useless by a “MS antivirus 2008” bug. I now have to pay for file recovery and then I can attempt to reinstall my OS (I know she should have backed up the files). This may lead to the need for a new unit all together. And why do I have to do this? Was some college geek pissed because some girl wouldn’t pay attention to him? Or has a group gotten together to see waho could really “F” up the web? If I were to enter their home and steal family heirlooms and then trash the house, wouldn’t I be punished and held responsible for the cleanup and financial losses? It is time that the US justice system got serious about these crimes and started taking these criminals seriously.

Deathwest says:

Write a Virus and you should die

I see it as a form of Kidnapping and extortion.
Life in prison is not good enough for them.
I would pack the CPU and every bit of there PC up there ass with a Pool stick and then ram the Power supply in and turn it on.
Pulling Each Finger off with a Catapult, so they
can not be used to Write any more Virus.
Then Sew there Eye lids shut so they cant see the screens.
Now they can grub for food with there evil little toes.
As I throw my Garbage at them.

Aniruddha says:

My dear friends, there is a big big difference in a virus writer and a cracker, what you are talking about”terrorists”
are the crackers and not the virus writers.Many software developers, actually hire virus writers so that they can keep their softwares away from bugs.

what i mean to say is, virus writers should not be put into jail, but those who use it in a negative way must be.

Moe Tremblay says:

Criminals who create malware and other .....crap

I am so tired of having to get rid of malicious software being introduced into our computers.
All the geeks and gurus out there will probably disagree with me but I don’t care. These guys have interfered with my business online. They have interfered with my personal life. I am tired of the BS. It seems that they are all in hopes of getting some high paying government jobs that will enable them to live a fulfilled life. Bullshit!!! I am tired of having to clean up after they drop their DooDoo on my back doorstep. I’m venting here because I have been dealing with this for months and it is time to stop the insanity.
Get a f…..n job or put your talents to good use.
I will probably get death threats over this but I don’t care.
Maybe we should ship one culprit off to a third world nation that we are friendly with(can’t think of any offhand) and have one of them put to death.
Maybe it will end the crap once and for all.
I, for one am tired of it.
All dissenters can go to hell. I don’t care who you are.
sign me in as one pissed off individual.
Because you can doesn’t mean you should.
Moe
Come and get me. Don’t give me any rhetoric. You can’t explain it away.
You are either with me or against me.
Choose a side and live with it.

SFDFLATH says:

No Jail Time for the virus writers!

WELL YOU HAVE A LOT OF DOUBLE TALK LIKE A POLITICAL TERRORIST WAGING A LONELY WAR RAGING AGAINST A MACHINE – BUT REBEL OR PATRIOT IS ONLY DISTINGUISHED BY THE SIDE WHICH ONE IS OWN – I HAVE AN IDEA POST ALL KNOWN VIRUS AUTHORS ON A PUBLIC BILLBOARD WITH THIER ADDRESS. THEN WE CAN GO TO THIER HOMES AND REMOVE THINGS THAT ARE USEFUL SUCH TIRES FROM VEHICLES, LOCKS FROM DOORS, AND FOOD FROM CABINETS —- THEN WE CAN CHARGE THEM XX AMOUNT OF DOLLARS TO RETURN THEM – THUS CREATING INCOME TO REPLACE THE COST OF THIER SOCIAL STANDS

Kyle says:

Hates virus people.

I am sick and tired of virus people feeling like they can get away with planting viruses on people’s computers.

It has damaged a lot of our plans and I am sure me and my family are not the only ones affected by these monsters that deserved to be spanked.

Actually instead of jail time the first offense should be a hard whopping at the police station *with the pants on for privacy reasons* and a nurse will check for any wounds.

Second offense should result in severe jail time due to not heeding the first warning.

Criminals need to be spanked more by police as long as it does not turn into a beating so it will be like a *wake up call*.

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