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-
- VIRUS LAW! by Qark and Metabolis
- +--------+
-
- These are extracts from the book 'Computers and the Law' by Greg
- Cudmore, 1994 and is an Australian perspective on the virus problem
- from a legal viewpoint. Also included in it are some articles of
- incidents encountered in real life... The legal aspects are sensible
- but the actual technical information is ignorant.
-
- Comments in [square brackets] are by me (qark).
-
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-
- What is a Computer Virus?
-
- Computer hackers may inadvertently or deliberately introduce a virus
- to a computer system. A virus is a program that is designed to damage
- the data or software of the host computer. This is then often transmitted
- to other computers in a destructive chain reaction. [This is the most
- pathetic description of a virus I've ever heard, no wonder people are
- paranoid]. Some viruses are harmless and may print a mischievous message
- or electronic graffiti on the user's screen. Others freeze operation,
- shut a system down or destroy whole systems. Examples of viruses
- include 'Twin Peaks', 'Burger','Michelangelo','Leprosy','Marijuana',
- 'Green Caterpillar', and 'Eddie'. One called 'Cookie Monster' continually
- sends the message 'I want a cookie!" across the computer screen until you
- type the word 'cookie'. Melbourne and Brisbane are apparently the
- Australian capitals of computer virus trouble, [This is true, but
- Melbourne isnt that big except for having nuke. Perth is emerging as
- well, but mysteriously Australia's biggest city Sydney has never even
- produced a flicker of activity] having introduced 'No Frills' and
- 'Gingerbread Man'. 'Gingerbread's' message is simply 'Ha,Ha,Ha,
- I'm the Gingerbread Man, and ends with 'Made in Oz!'.
-
- Most viruses are spread by the exchange of floppy disks and are more
- prevalent in stand-alone personal computers than networked systems
- because operating software does not contain user and supervisor modes.
- Most users are unaware that their computer has caught a virus and pass
- it on unwittingly.
-
-
- Computer Viruses and the Law
-
- The problem for the legal system in dealing with computer viruses is
- that the criminal law generally requires that the defendant commit an
- unlawful act (actus reus) as well as having the accompanying criminal
- intention (mens rea). In many cases viruses are transmitted
- inadvertently. Law-makers are reluctant to punish people who
- accidentally commit offences. However, if the offender is grossly
- negligent they may be held criminally liable.
-
- It is often difficult to trace the origins of a virus and its author.
- But if the author is somehow detected, should they be held responsible
- for all the subsequent chaos and damage caused by the spread of the
- virus? This is also an important issue in civil law. A defendant is
- only liable for damages if the harm is not too remote from the unlawful
- act. [Legal babble... methinks we are clear anyway :) ]
-
- If an organisation is clearly lax in its security precautions, should
- this reduce the liability of the author of the virus? In civil law if
- a plaintiff is negligent and contributes to the harm inflicted by their
- negligence, then the compensation (damages) awarded may be reduced
- accordingly. Should the criminal law make a similar concession and give
- the author of the virus a lighter penalty ? [That sounds like they can
- get you, but they have failed to address the issue, of what crime a
- person commits when they write a virus ? Distribution is a different
- matter...]
-
-
- Newspaper Extracts
-
- Early Bulgarian viruses were benign. The first of them popped up on
- screens from Milwaukee to Mongolia one Friday afternoon in 1988 and
- played "Yankee Doodle Dandy". Later viruses were more aggresive,
- particularly the Dark Avenger's (author of the viruses) brilliantly
- destructive "Eddie" which wipes material and leaves a calling card
- saying, "Eddie lives ... somewhere in time". When "The Rat" came on
- the scene, appalled computer operators have discovered wholesale
- destruction of their data accompanied by the message: "Your well
- has been poisoned".
-
- Graham Barret, The Age, 18 February 1991
-
-
- New Virus Overwrites the Files it Infects
-
- Virus alerts have come from two Melbourn companies in time for the
- opening of the PC 92 Show today. Both viruses overwrite the first
- 1310 bytes of the infected files.
-
- Cybec calls the PC virus "Twin Peaks", but the warning about the
- Burger-1310 virus from Loadplan Australia six days later appears
- to be the same animal.
-
- The technical director of Cybec, Mr Roger Riordan, who will attend
- the PC Show this week, said the Twin Peaks sample he investigated
- had been downloaded from a Melbourne bulletin board and was contained
- in a file called MIPS.COM
-
- His company's anti-virus software has been updated - VET version
- 6.94 - to detect the virus, but Mr Riordan warned that Twin Peaks
- destroyed infected files and they had to be deleted.
-
- After infecting files, the message "Welcome to Twin Peaks virus"
- flashes on screen. The program then usually crashes, locking
- up the system.
-
- Mr Riordan said: "In our tests it only infected .COM files and
- is capable of infecting read-only files. When all files in the
- current director are infected, it searches sub directories. It
- contains code to rename files but the function of this has not
- been determined."
-
- Loadplan descrived the new virus as a variation of the Burger
- virus. It has been called Burger-1310 becaue of the infective
- length. [Great, a crappy overwriting virus gets a big write-up]
-
- According to Loadplan: "It is a poor replicator and is therefore
- unlikely to appear often." However, the company warned: "If it
- is discovered it may have been deliberately introduced rather than
- have spread itself."
-
- Mr Riordan will be available to answer questions on viruses during
- PC 92 at Cybec's stand (number 628).
-
- Mr Riordan has been working to counter the effects of PC viruses
- since 1989. As technical manager of Cybec and the developer of
- VET, he has been at the forefront of anti-viral research in
- Australia.
-
- During this time, Mr Riordan has named several viruses including
- the now-notorious Michelangelo. [I thought McAfee named Michaelangelo]
-
- The Age, 11 August 1992
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