[Susanne L. Muuss: Virus Ammendment]

Wed Dec 14 04:42:46 AEST 1988

F Y I

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Date:     Mon, 12 Dec 88 11:41:33 EST
From:     "Susanne L. Muuss" (VLD/ASB) <sue at BRL.MIL>
To:       info-law at BRL.MIL
Subject:  Virus Ammendment
Message-ID:  <8812121141.aa02135 at VAT.BRL.MIL>

I saw this timely message go by today and thought it might provide
inspiration.
		Susan Muuss, J.D.

		______________________________________

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Date:     Sun, 11 Dec 88 20:14:44 EST
From:     "Robert J. Reschly Jr." <reschly at BRL.MIL>
To:       acst at BRL.MIL
cc:       sue at BRL.MIL
Subject:  [: Computer Virus Eradication Act of 1988
            [EXCERPT from VIRUS-L Digest V1 #33]]
Message-ID:  <8812112014.aa22679 at SEM.BRL.MIL>

   ...and the legislative response....

----- Forwarded message # 1:

Date: Mon, 5 Dec 88 16:43:12 EST 
Sender: Virus Discussion List <VIRUS-L at IBM1.CC.Lehigh.Edu>
Subject: Computer Virus Eradication Act of 1988 
         [EXCERPT from VIRUS-L Digest V1 #33]

VIRUS-L Digest              Monday, 5 Dec 1988          Volume 1 : Issue 33

Date: Mon, 5 Dec 88 11:11:06 EST
From: Don Alvarez <boomer at space.mit.edu>
Subject: Computer Virus Eradication Act of 1988

    I just received a copy of HR-5061, a new bill being introduced
    in the House by Wally Herger (R-CA) and Robert Carr (D-Mich.).
    The text of the bill is included below (see disclaimer).

    It sounds to me like there are some subscribers to VIRUS-L
    who's background is more criminal law than computer science,
    perhaps some of you could help the rest of us out with a little
    commentary.  Would this bill be helpful to you?  Do you think
    you would be able to get a conviction with it?  Do you think
    you would be able to recover your damages with it (and how would
    you go about defining those damages if you were to use the law)?

    If people are interested in sending their comments to the
    authors, I include the name and address of the legislative
    aide who has been working on this bill.  If people would like
    to e-mail their comments, you can send them to me and I will
    mail them to him in a packet (be sure to include your name and
    normal postal mail adress, as congress isn't on the net).

                        Don Alvarez, boomer at SPACE.MIT.EDU

- ------Start of Bill

100th Congress 2D Session                                     H.R. 5061
To amend title 18, United States Code, to provide penalties for persons
interfering with the operations of computers through the use of programs
containing hidden commands that can cause harm, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES                           July 14, 1988
Mr. Herger (for himself and Mr. Carr) introduced the following bill;
which was referred to the Committee on the Judiciary

A BILL
To ammend title 18, United States Code, to provide penalties for persons
interfering with the operations of computers through the use of programs
containing hidden commands that can cause harm, and for other purposes.

1          Be it enacted by the Senate and House of Representa-
2    tives of the United States of America in Congress assembled,
3    SECTION 1. SHORT TITLE.
4          This Act may be cited as the "Computer Virus Eradica-
5    tion Act of 1988".

- -------Page 2

1    SECTION 2. TITLE 18 AMENDMENT.
2          (a) IN GENERAL.- Chapter 65 (relating to malicious
3    mischief) of title 18, United States Code, is amended by
4    adding at the end the following:
5    "S 1368.  Disseminating computer viruses and other harm-
6              ful computer programs
7         "(a) Whoever knowingly-
8             "(1) inserts into a program for a computer infor-
9           mation or commands, knowing or having reason to be-
10          lieve that such information or commands will cause
11          loss to users of a computer on which such program is
12          run or to those who rely on information processed on
13          such computer; and
14            "(2) provides such a program to others in circum-
15          stances in which those others do not know of the inser-
16          tion or its effects;
17   or attempts to do so, shall if any such conduct affects
18   interstate or foreign commerce, be fined under this title or
19   imprisoned not more than 10 years, or both.
20        "(b) Whoever suffers loss by reason of a violation of
21   subsection (a) may, in a civil action against the violator,
22   obtain appropriate relief.  In a civil action under this section,
23   the court may award to the prevailing party a reasonable attor-
24   ney's fee and other litigation expenses.".

- --------Page 3

1         (b) CLERICAL AMENDMENT.- The table of sections at
2    the begining of chapter 65 of title 18, United States Code,
3    is amended by adding at the end the following:
  "1368. Disseminating computer viruses and other harmful computer programs.".

- --------End of Bill

>>>>NOTE: The above text was typed in by hand from a printed copy of HR5061
>>>>      received from Mr. Herger's office.  I have no experience with
>>>>      legal documents of this sort, and may have made typographical
>>>>      errors which could affect the nature of the bill.  Neither
>>>>      I nor my employer (MIT Center for Space Research) make any claims
>>>>      as to the accuracy of the text.  For an official copy of the
>>>>      bill, please contact:
>>>>
>>>>                Mr. Doug Riggs
>>>>                1108 Longworth Bldg
>>>>                Washington D.C.  20515

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