Japan makes malware writing illegal

The Japanese parliament passed a new law last week aimed at discouraging cyber criminals from writing or deliberately spreading malware, i.e. viruses, spyware, adware, worms, Trojans etc.

The ruling stipulates that anyone found guilty can be on the receiving end of either a fine or, in the worst cases, up to three years in prison.

The important factor to note about the new legislation is that up until it was passed, one could only be reprimanded for writing malicious software or a virus if it had been proven to have caused damage. With the new rules in place, simply writing the code is deemed enough for punishment.

Individuals who create and willingly spread or supply computer viruses “without any reasonable excuse” can face up to three years in jail, or a fine of up to ¥500,000 (approximately A$5,900).

Buying and storage of viruses is punishable by a prison sentence of up to two years, or ¥300,000 (approximately A$3,500) in fines. One hopes those with a legitimate reason to store and acquire malware, like anti-virus vendors, don’t find themselves facing such charges!

Interestingly, the new law also gives police power to seize the email communications of suspects from ISPs.


  • http://blog.k7computing.com/2011/12/malwasia-in-operation-since-1986-part-3/ MalwAsia: In Operation Since 1986 (Part 3) « K7 Blog – Antivirus Software News

    [...] The cyber crime laws in the so-called “malware hubs” are considered relatively lax or poorly enforced, due to various technical and administrative reasons . The process of strengthening cyber crime laws is certainly progressing, albeit at a viscous pace according to some. It is indeed surprising that even Japan, with its government departments dedicated to monitoring and fighting cyber crime [e.g. Office of IT Security Policy, Ministry of Economy, Trade and Industry], has supposedly only just recently made malware writing illegal. [...]