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| No | 15% | 156 votes | Total: 1021 votes | |
| Yes | 85% | 865 votes |
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Add to FavoritesThis question is simply absurd! The University of Calgary offers a computer course where students learn how to create computer viruses. Are you suggesting we send every student registered in that course to jail? I think the university has realized that the best defense is a good offense, and in order to protect ourselves from the effects of computer viruses we need a clear understanding of how computer viruses function. To get this understanding it is invaluable to study real computer viruses and effective defense measures against them!
For some people this may not be enough justification, so we will examine several other arguments for allowing people the freedom to write computer viruses. In every instance, whether because of free speech laws, public misperception, or simply idle curiosity, we can clearly see computer virus writers cannot be sent to jail - if they are careful.
You cannot send someone to jail for writing a book. How can you send someone to prison for writing a computer program? If people have the right to freedom of opinion and expression in a free and just society, then computer virus source code is on par with a work of art and should be afforded the full protection of the law. Especially, because computer virus source code cannot be dangerous without being compiled into an executable form. If you printed out the virus source code and put it in a picture frame on your wall, it would be unfathomable for the police to arrest you for it. You could even put the virus source code on a shirt and I bet you would never get a single complaint.
Another fallacy inherent in the question of whether or not virus writers should go to jail is that computer viruses only have negative effects. While this may be the case for a large number of computer viruses, it is possible to create beneficial or benign computer viruses. For example, you could create a computer virus that would patch a security vulnerability. Furthermore, several computer virus writers create viruses as a proof of concept, simply to show that a virus can be designed to accomplish a specific goal. In neither of these instances do we see a destructive aspect in the simple writing of the computer virus.
Finally, many virus writers are simply curious citizens trying to learn about the possibilities of computer programming. I would venture that perhaps some of them do not even fully fathom that they have created a computer virus. Can you even tell me what the definition of a computer virus is? (I doubt most people even have a clear idea.)
Most of the fear about computer viruses comes from the media and misinformed users. The virus writers cannot be held accountable for writing computer viruses. But, they can be held accountable for distributing computer viruses! If a computer virus writer was to produce and distribute a computer virus with the intent to harm other computer users they would be subject to societal sanctions. Whether this takes the form of jail time, a fine, or community service should be decided by a judge. Unfortunately, oodles of computer users are inadvertent virus distributors and we could argue they are just as guilty as the virus writers. (We will leave that for another discussion.)
In conclusion, you cannot send virus writers to jail unless they violate the social contract and overstep the protections afforded them by freedom of speech legislation. For the intentional distribution of a harmful computer virus they should have no shelter. Thankfully, containing computer viruses within a stand-alone computer is possible, practical, and educational!
Learn more about this author, Sir Roy Redford.
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Yes
To answer this question, we need to look at what a computer virus is and the reasons they are written. There appears to be much confusion over the differences between a virus, computer hacking, spyware and other forums of cyber penetration.
A computer virus is software that can replicate itself and spread (like a human virus) from one system to another. This definition alone would include many legitimate software solutions, developed to provide needed functionality, especially in the world of clustered servers and 'cloud computing'. I therefore believe the definition of a computer virus should include that it replicates without consent.
With this definition in mind, a computer virus does not include people hacking into government or banking systems and it does not include hackers using known vulnerabilities in software to take direct control of a computer or steal information from a computer (although a virus could help in these cases).
A computer virus may be completely harmless. It may be a small piece of software that simply displays a message promoting the 'talents' of its author. However, most viruses are more dangerous, covertly gathering information, providing a means for a hacker to access a system or sabotaging a system (usually by deleting files or overloading a system).
I believe anyone writing a computer virus, as defined above, is committing a crime. Even in the case of a harmless virus, where someone has found a way into a system to leave their program, which will replicate a message. This is akin to finding a window open in a house and climbing through to leave messages on the walls and rearrange the fridge magnets. Although this case may seem more of a prank than a cause of true harm, it is still an unwanted intrusion into someone else's property and still requires a clean-up exercise.
In the case of more severe viruses, which can help steal identities, break into bank accounts, cause loss of data, bring down online services or even cause physical damage to computing components (in rare cases), there is a much clearer criminal intent.
As with any type of crime, the punishment should be consistent with the severity of the crime and that often relies heavily on the intent. In some mild cases, it may be determined that a virus writer had no intent to cause harm, was unaware of the implications of his/her actions and the misdirection of their talents should not be punished with jail time. In most cases, I believe jail would be an appropriate punishment for a crime that is at least as severe in the impact on its victims as other crimes that receive jail time.
Learn more about this author, Robert Laws.
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