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Crime Japan Your Rights Online IT

Japan Criminalizes Virus Creation 79

Posted by timothy
from the they're-bad-for-the-giant-lizards dept.
camperslo writes with this excerpt from mainichi.jp: "Japan's parliament enacted legislation Friday criminalizing the creation or distribution of computer viruses to crack down on the growing problem of cybercrimes, but critics say the move could infringe on the constitutionally guaranteed privacy of communications. With the bill to revise the Penal Code passing the House of Councillors by an overwhelming majority, the government intends to conclude the Convention on Cybercrime, a treaty that stipulates international cooperation in investigating crimes in cyberspace.'" Adds camperslo: "This legislation is a major move for Japan since the constitution there provides for privacy of communications, in sharp contrast with some other countries."
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Japan Criminalizes Virus Creation

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  • Privacy (Score:2, Insightful)

    by mwvdlee (775178) on Friday June 17, 2011 @06:08AM (#36472544) Homepage

    Criminalizing creation may be a privacy issue, criminalizing distribution is not.

  • Re:What's a virus? (Score:3, Insightful)

    by EuclideanSilence (1968630) on Friday June 17, 2011 @06:50AM (#36472760)

    I must say I don't see any problem with this. What's a virus you ask? Well that's what a jury is for deciding. I trust the common man to be able to understand these things, and if they need help there are people who are experts in these things. Virus scanners give me complete confidence that nothing will ever be improperly flagged as a virus or missed.
    Not to mention, this law avoid all the complications of deciding on the intent of a virus writer. There could NEVER be a good reason for a virus to be written for research or private use, and with this law juries can rightfully just assume the ill intent of the creator. And if, for some reason someone like law enforcement needed to write a virus to protect us, we can be confident that the law won't be applied in their case since realistically you just have to selectively apply laws.
    I've run out of sarcasm.

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