Yes

by Leigh Goessl

Created on: August 15, 2007   Last Updated: June 03, 2008

Virus writers should be sentenced to jail because they cause harm and damage the property of others. Viruses are a problem which extends beyond infecting one person because the very nature of the virus is to spread and cause interruptions.

This rapid spread of computer viruses is a significant problem which continues to increase. Today our reliance on computers and network connections has become necessary and the effects inflicted by Malware have become complex because viruses are no longer "practical jokes". Years ago a virus consisted of an annoying pop-up or funny quote flashing on your screen, but today's viruses cause considerable damage. Viruses destroy computers, data, and affect livelihoods and personal property. Due to the nature and scope of harm viruses cause, their authors should do jail time for their crimes.

Even if the virus writer only intended to cause injury to a limited number of victims, the number of affected people is vast since the very nature of a virus is to replicate and spread. With the propagation of viruses, the "toll count" of those being hit with a virus increases and the number of victims harmed by a singular crime are much higher. If a guy committed arson on a house, but that fire spread and damaged 10 homes on the block because it was windy, would he only be charged with arson for his intended victim? Would it matter that he "accidentally" harmed others? Of course it would. Why should virus writers who damage the masses be treated any differently?

If a virus is destructive enough to destroy a computer, but prior to destruction the victim passed that virus to 100 other recipients who passed it on to another 1000, that drastically increases the casualty level, and I don't think that should be chalked up to collateral damage, it's criminal. The authors of computer viruses should be punished according to the extent of harm caused, and since many of them cause mass damage, it should equate to jail time.

Since viruses cause different levels of damage when determining whether or not virus writers should go to jail, the amount of destruction needs to be assessed. Many viruses are written with malicious intent to do harm, and other ones are written with mischievous intent to annoy. In view of the fact all viruses are harmful on some level, if only because they tie up resources and take valuable time to clean out of a system, the writers should be held accountable. The authors of vastly destructive viruses should be punished with jail time.

Computer and network technology are no longer novelties, they are necessities. Businesses depend on information systems; privately most citizens are reliant upon computers too. When a computer system or network is damaged it carries a high cost in repairs and then there is also data loss to consider. The viruses of today are no longer nuisances like earlier ones were, today's viruses are destructive even if the intent was not meant to be.

With the important place technology holds in modern society, breaking into systems these days is equated to robbery and/or other "offline" crimes. Today we not only need to be concerned with traditional viruses, we must be concerned with Trojans, worms and a host of other infections. Identity theft is now a huge issue, as is embezzlement and other forms of theft.

A problem is it is extremely difficult to apprehend the creators of viruses. This capability of committing a crime by inflicting damage on someone else's property by writing malicious code and a simple click of the mouse adds a twist to the justice system. Often the ones causing the damage are anonymous in a pool of millions of suspects with very little evidence to go on. Are the resources and efforts invested in tracking the elusive people who release viruses a justifiable cost when weighed against the risk factor? Another problem is there are no geographical boundaries and developing streamlined laws across the globe to prosecute virus authors is difficult.

Obviously the issue is not all that simple, but virus writers deserve jail time because of the havoc they cause and the damage they do. As technology becomes more integrated in daily living, the punishment for damage caused in the cyber world need to reflect the changing of the times.

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