Can writing software be a crime?

Can writing software be a crime?
Mark Rasch, 2005-10-03

Can writing software be a crime? A recent indictment in San Diego, California indicates that the answer to that question may be yes. We all know that launching certain types of malicious code - viruses, worms, Trojans, even spyware or sending out spam - may violate the law. But on July 21, 2005 a federal grand jury in the Southern District of California indicted 25 year old Carlos Enrique Perez-Melara for writing, advertising and selling a computer program called "Loverspy," a key logging program designed to allow users to capture keystrokes of any computer onto which it is installed. The indictment raises a host of questions about the criminalization of code, and the rights of privacy for users of the Internet and computers in general.

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Is Windows a crime? 2005-10-03
Anonymous (3 replies)

Could Microsoft then be charged for creating and distributing software whose primary use is creating zombie nets (Windows)? And which is then primarily used for further spreading malware and spam?...

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Re: Is Windows a crime? 2005-10-05
Anonymous

I really like the idea :)...

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Re: Is Windows a crime? 2005-10-05
Alexey Vesnin

MUST BE. Microsoft is well-known crap-creator... If there's a money from Microsoft to calm it down - certanly, but I suppose to REFUSE from buying and using their crap... Unix platform can offer you today MUCH MORE, and - the key goal - MUCH FASTER. Maybe we sholud start migrating on Unix totaly, at...

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Re: Is Windows a crime? No because.... 2005-10-17
Winter Knight

No, writing Microsoft Windows is not a crime, because Microsoft has more than enough money to buy themselves out of any legal trouble....

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Can writing software be a crime? 2005-10-03
Todd Knarr

I think the big motivation for prosecuting Perez-Melara is that he explicitly marketed his software for people to install illicitly on computers they didn't control for the express purpose of eavesdropping on parties who don't even know they're being monitored. That's quite a bit different from a si...

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Why writing non-Microsoft software is a crime? 2005-10-05
Alexey Vesnin

OK. But let we'll engage for particular SAME reason such companies and software publishers :
- Microsoft - for all the dead networks for malware, for all the "remote assistance"-like stuff, for all the DUMB holes in Outlook, NTLM for backdooring?
- MANY of the vendors of remote administration soft...

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Then companys that sell tape recorders should be punishable 2005-10-07
Element187 (1 replies)

For the possibility of use of recording phone calls by a malicious party.

This ruling must be applied to analog device makers as well.

This judge is out of him mind. The person with malicious intent, using a key logger is the criminal. Not the software designer....

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Re: Then companys that sell tape recorders should be punishable 2005-10-13
Anonymous

what about gun manufacturers? all murderers?...

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Can manufacturing weapons be a crime ? 2005-10-13
Ste

It looks like that the crime in the Perez-Melara case, was the advertising of malicious use of the software.
My question at this point is, will it be a crime if a weapon manufacturer will advertise its products as capable of murdering ?
Or the fact that its advertising emphasizes only on the "qual...

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