🚀 go-pugleaf

In article <1996Feb12.132025.880@gw2.admin.ch>, claudio.frigerio@bfi.admin.ch (Claudio G. Frigerio) writes:
> Just for you information:
> "Swiss Penal Code

> Damage to data -	Art. 144bis

> 1. Any person who, without authorisation, alters, deletes, erases or
> renders unusable data which is stored or transferred by electronic or
> similar means, shall be punished by imprisonment or a if a complaint is
> made. [...]                                                ^
                                the word "fine" must be missing here

This paragraph is clearly not applicable in this case, I assume you have cited
it to provide context for paragraph 2:

> 2. Any person, who produces, imports, circulates, promotes, offers or
> otherwise makes available programs which he knows, or ought to assume,
> are to be used for the purposes of committing an offence mentioned in
> paragraph 1 above, or gives directions for the production of such
> programs, shall be punished by imprisonment. 
> If the offender commits the offence for gain a sentence of up to five
> years� penal servitude can be imposed."

Apparently you argue that this paragraph is applicable to vendors of this
"Hacker CD-ROM":

> In simple words: if you sell computer viruses and you know they are
> computer viruses you are breaking the law and risk a prison sentence up
> to 5 years.

Hmm, I have not studied law, but it seems to me that this is an
oversimplification. What the law text says is that it's illegal to sell
computer viruses if you know that *they are to be used to alter/destroy
data*. Clearly, this *can* be done with the contents of such a "Hacker CD",
but from my (very limited) experience with such products, these are mainly
nostalgic collections boasting of past exploits (Similar to the "Anarchists
Cookbook"). Most owners of these CDs will probably use them for innocuous
purposes, a few even for useful purposes (there seem to be approximately as
many virus checking programs as viruses, and every one of them needs a
collection of viruses to test against).

It therefore seems that selling such a CD is not clearly a punishable offense
(although I wouldn't advise anyone to volunteer as a guinea pig in a test court case).

Matthias

-----
Matthias Neeracher <neeri@iis.ee.ethz.ch> http://err.ethz.ch/members/neeri.html
  "I recognize that a class of criminals and juvenile delinquents
   has taken to calling themselves 'hackers', but I consider them
   irrelevant to the true meaning of the word; just as the Mafia
   calls themselves 'businessmen' but nobody pays that fact any
   attention." -- Robert Bickford <rab@well.sf.ca.us>