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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.

Comments Mode:
Is Windows a crime? 2005-10-03
Anonymous (3 replies)
Re: Is Windows a crime? 2005-10-05
Anonymous
Re: Is Windows a crime? 2005-10-05
Alexey Vesnin
Re: Is Windows a crime? No because.... 2005-10-17
Winter Knight
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 situation where the person installing the software controls the system, or where at least one party's fully aware they're being monitored.

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