🚀 go-pugleaf

In article <NEERI.96Feb12143047@yggdrasil.ethz.ch>
neeri@iis.ee.ethz.ch (Matthias Neeracher) writes:

> In article <1996Feb12.132025.880@gw2.admin.ch>, claudio.frigerio@bfi.admin.ch (Claudio G. Frigerio) writes:
> > programs which ...
> > are to be used for the purposes of committing an offence mentioned in
> > paragraph 1 above, 
> 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*. 

Any program can be used to alter data without right. The law does not
target this software. It targets programs if their reason of being is
altering withour right data ("... are to be used..."). The English
version given is a not official altough authorized translation of the
binding German, French and Italian version ("die verwendet werden
sollen", "qu'ils devaient �tre utilis�s", "destinati a"). The best idea
is certainly given by the Italian text, as the German and French
versions could lead to think that the individual intention of the
person has any influence on the character of the targeted programs.
Actually a program is  or isnot of this specific nature; the will
element will anyway be requested regarding the action of the person
prosecuted: did he want to make available or happened this without will
or aginst his will?

> 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).

That the CD might have a low risk might reduce the sentence: this CD
will unlikely lead to a 5 years (not 3 years as the guy was selling it=
"for gain") prison sentence. But stealing a tooth brush or Tiffany's
Spring Collection of diamond rings is and remains theft, punished by
the exact same article in most Penal Codes of the world. The judge will
consider the low risk as punishment reducing circumstance.

> It therefore seems that selling such a CD is not clearly a punishable offense

Wrong. It is definitively an offence, although the culprit will not
face the maximum punishment.

> (although I wouldn't advise anyone to volunteer as a guinea pig in a test court case).

Me neither...

Claudio G. Frigerio
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