Malicious Mobile Code

Malicious Code and the Law

Tip

The next section will attempt to summarize the legal implications of writing and distributing malicious mobile code within the boundaries of the United States. I have no formal training as a lawyer, and this section is included here only as a summarization of my understanding. Please consult legal counsel before relying on my advice.

“There ought to be a law!” At least that’s what you should be thinking as you read about all the malicious code attacks. Well, there are laws that make causing intentional damage using malicious mobile code a criminal act. If you write or distribute rogue code, which causes damage to someone else’s computer system, you can be charged with breaking the law. The hard part for the security expert is tracking down who wrote and distributed the code, and proving malicious intent. And to be truthful, there is so much hacking going on and MMC being distributed every second of every day, no law enforcement group could begin to investigate even a small part of the cases.

But as the Melissa virus author, David L. Smith, can tell you, if the malicious mobile attack gets enough media attention and the law officials can catch the perpetrator, he will go to jail. The 31-year-old New Jersey macro virus creator was arrested on April 1, 1999 and charged with several federal and state crimes. He was released on a $100,000 bond and accepted a plea agreement in court. He was found guilty and faced up to 10 years in prison and fines of up ...