🚀 go-pugleaf

>My question is if virus writing is a crime. I have thought of this
>question a lot. At the begining i thought that it must be a crime
>because people write this program in order to erase data to other
>people but then i thought that if you do not copy diskettes you do not
>have viruses. Diskette copying is a crime, ofcourse, so virus writing
>is not a crime because people wouldn't had them unless they copy
>diskettes.

The following (long) document is the computer law for the state of
Wisconsin.  Other states have similar laws.  Virus writing is against
the law if damage occurs.  The penalty is proportional to the amount
of damage.

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         -- Computer Law - State of Wisconsin Statute --

                    Chapter 293, Laws of 1981

                     943.70 Computer crimes.

(1) DEFINITIONS. In this section:

   (a) "Computer" means an electronic device that performs
       logical, arithmetic and memory functions by manipulating
       electronic or magnetic impulses, and includes all input,
       output, processing, storage, computer software and
       communication facilities that are connected or related to
       a computer in a computer system or computer network.

   (b) "Computer network" means the interconnection of
       communication lines with a computer through remote
       terminals or a complex consisting of 2 or more
       interconnected computers.

   (c) "Computer program" means an ordered set of instructions or
       statements that, when executed by a computer, causes the
       computer to process data.

   (d) "Computer software" means a set of computer programs,
       procedures or associated documentation used in the
       operation of a computer system.

   (dm) "Computer supplies" means punchcards, paper tape,
       magnetic tape, disk packs, diskettes and computer output,
       including paper and microform.

   (e) "Computer system" means a set of related computer
       equipment, hardware or software.

   (f) "Data" means a representation of information, knowledge,
       facts, concepts or instructions that has been prepared or
       is being prepared in a formalized manner and has been
       processed, is being processed or is intended to be
       processed in a computer system or computer network. Data
       may be in any form including computer printouts, magnetic
       storage media, punched cards and as stored in the memory
       of the computer. Data are property.

   (g) "Financial instrument" includes any check, draft, warrant,
       money order, note, certificate of deposit, letter of
       credit, bill of exchange, credit or credit card,
       transaction authorization mechanism, marketable security
       and any computer representation of them.

   (h) "Property" means anything of value, including but not
       limited to financial instruments, information,
       electronically produced data, computer software and
       computer programs.

   (i) "Supporting documentation" means all documentation used in
       the computer system in the construction, clarification,
       implementation, use or modification of  the software or
       data.

(2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS.

   (a) Whoever willfully, knowingly and without authorization
       does any of the following may be penalized as provided in
       par. (b):

   1.  Modifies data, computer programs or supporting
       documentation.

   2.  Destroys data, computer programs or supporting
       documentation.

   3.  Accesses data, computer programs or supporting
       documentation.

   4.  Takes possession of data, computer programs or supporting
       documentation.

   5.  Copies data, computer programs or supporting
       documentation.

   6.  Discloses restricted access codes or other restricted
       access information to unauthorized person.

   (b) Whoever violates this subsection is guilty of:

   1.  A Class A misdemeanor unless subd. 2, 3 or 4 applies.

   2.  A Class E felony if the offense is committed to defraud or
       to obtain property.

   3.  A Class D felony if the damage is greater than $2,500 or
       if it causes an interruption or impairment of governmental
       operations or public communication, of transportation or
       of a supply of water, gas or other public service.

   4.  A Class C felony if the offense creates a situation of
       unreasonable risk and high probability of death or great
       bodily harm to another.


(3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES.

   (a) Whoever willingly, knowingly and without authorization
       does any of the following may be penalized as provided in
       par. (b):

   1.  Modifies computer equipment or supplies that are used or
       intended to be used in a computer, computer system or
       computer network.

   2.  Destroys, uses, takes or damages a computer, computer
       system, computer, network or equipment or supplies used or
       intended to be used in a computer, computer system, or
       computer network.

   (b) Whoever violates this subsection is guilty of:

   1.  A Class A misdemeanor unless sub. 2,3 or 4 applies.

   2. A Class E felony if the offense is committed to defraud or
       obtain property.

   3.  A Class D felony if the damage to the computer, computer
       system, computer network, equipment or supplies is greater
       than $2,500.

   4.  A Class C felony if the offense creates a situation of
       unreasonable risk and high probability of death or great
       bodily harm to another.

                 -- Penalties for Infractions --

939.50(3) Penalties for felonies are as follows:

   (a) For a Class A felony, life imprisonment.

   (b) For a Class B felony, imprisonment not to exceed 20 years.

   (c) For a Class C felony, a fine not to exceed $10,000 or
       imprisonment not to exceed 10 year, or both.

   (d) For a Class D felony, a fine not to exceed $10,000 or
       imprisonment not to exceed 5 year, or both.

   (e) For a Class E felony, a fine not to exceed $10,000 or
       imprisonment not to exceed 2 year, or both.

939.51(3) Penalties for misdemeanors are as follows:

   (a) For a Class A misdemeanor, a fine not to exceed $10,000 or
       imprisonment not to exceed 9 months, or both.

   (b) For a Class B misdemeanor, a fine not to exceed $1,000 or
       imprisonment not to exceed 90 days, or both.

   (c) For a Class C misdemeanor, a fine not to exceed $500 or
       imprisonment not to exceed 30 days, or both.

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| Leonard P. Levine           e-mail len@evax.milw.wisc.edu |
| Professor, Computer Science         Office (414) 229-5170 |
| University of Wisconsin-Milwaukee   Home   (414) 962-4719 |
| Milwaukee, WI 53201 U.S.A.          Modem  (414) 962-6228 |
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