Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice—the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

1. Creation, distribution or use of computer programs or other computer information, knowingly intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of computer information protection means, -
shall be punishable by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with a fine in the amount of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months.

2. Acts, provided for by part first of this article, committed by a group persons by prior agreement or organized group or by a person using his official position, as well as those who caused major damage or made from selfish interest, -
shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to five years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of two to three years or without such and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

3. Acts, provided for in parts first or second of this article, if they entailed grave consequences or created a threat of their occurrence, -
shall be punishable by imprisonment for a term of up to seven years.

Commentary on Article 273 of the Criminal Code of the Russian Federation

The main object of the crime is public relations, ensuring security in the field of computer information.

Public danger this crime determined by the fact that malware can paralyze the work computer system, which can lead to adverse and even catastrophic consequences.

An additional object of a crime that entailed grave consequences due to negligence (Part 2 of Article 273 of the Criminal Code of the Russian Federation) is social relations, which, depending on the nature of the latter, provide other significant social values(human life, health of many people, own safety and so on.).

The subject of the crime in content coincides with the subject of the crime provided for in Art. 272 of the Criminal Code of the Russian Federation.

The objective side of the crime includes alternative actions, consisting of: a) creating computer programs that can lead to unauthorized destruction, blocking, modification or copying of information or disruption of the operation of a computer, computer system or their network, or making changes to existing programs; b) use of such programs or machine media with such programs; c) distribution of such programs or computer media with such programs.

Creating programs is an activity aimed at developing and preparing programs capable of destroying, blocking, modifying computer information, its systems or networks, as well as copying information from a computer.

Making changes to a program means adjusting it, including additional algorithms or, conversely, the exclusion of existing ones, their modification.

Using a program is working with the program, using it for its intended purpose and other actions to introduce it into economic circulation in its original or modified form. Under use malware understands their use (including by their creator), in which they are activated harmful properties. Distribution of such programs means providing access to them to anyone to a stranger any of possible ways, including sales, rental, free mailing electronic network. Distribution of the program is any action to provide access to the program via a network or other means.

The crime in question will be completed from the moment of creation, use or distribution of malicious programs that create a threat of the consequences specified in the law, regardless of whether these consequences actually occur or not. The corpus delicti is formal.

A computer program is an objective form of representing a set of data and commands intended for the operation of computers and other computer devices in order to obtain a certain result.

Malicious programs in the sense of this article of the Criminal Code of the Russian Federation are understood as programs specially created (including modified from non-malware ones) to disrupt the normal functioning of computer products, systems and networks. The most common malware includes computer viruses (logic bombs, worms, Trojan horses, etc.). Some malware has specific properties designed to perform illegal or even criminal acts(theft of money from bank accounts, sheltering funds from taxation, revenge, hooliganism, etc.). These programs have the ability to move through communication networks from one system to another, penetrate a computer and spread like a viral disease.

A virus program is a special malicious program that can spontaneously attach itself to other programs (i.e., “infect” them) and, when the latter is launched, perform various destructive actions: corrupting files, distorting calculation results, erasing memory, etc. During certain period For some time it does not detect itself, but then the computer “gets sick” and apparently fails for no reason.

The subjective side of the crime under Part 1 of Art. 273 of the Criminal Code of the Russian Federation, is characterized by guilt in the form of direct intent. At the same time, the offender must be aware that the programs he creates or uses will obviously lead to the socially dangerous consequences specified in the law. The motive and purpose do not affect the qualification of the crime.

The general subject of the crime is a sane person who has reached the age of sixteen.

In Part 2 of Art. 273 of the Criminal Code of the Russian Federation provides for a qualifying feature of the crime under consideration: offensive grave consequences by negligence. In this case, the severity of the consequences must be determined taking into account the totality of the circumstances of the case (causing a particularly large material damage, serious violation activities of enterprises and organizations, the occurrence of accidents and disasters, causing serious and moderate severity harm to human health or death; destruction, blocking, modification or copying of privileged information of special value, etc.). The qualified corpus delicti is material. This act is completed from the moment the socially dangerous consequences occur.

The subjective side of a qualified crime is characterized by two forms of guilt: intent in relation to the act itself and carelessness in relation to the consequences.

It should be borne in mind that the article in question of the Criminal Code of the Russian Federation provides for liability for illegal actions with computer programs recorded not only on computer media, but also with recordings of programs on other media, including paper. This is due to the fact that the process of creating a computer program often begins by writing its text, followed by entering it into the computer’s memory or without it. Taking this into account, the presence of source texts of virus programs is already a basis for prosecution under Art. 273 of the Criminal Code of the Russian Federation. At the same time, the use of a malicious computer program for personal needs (for example, to destroy one’s own computer information) is not punishable. If the action of the malicious program was a condition for the commission of another crime, the act shall be classified as a set of crimes, regardless of the severity of the other crime.

Another comment on Article 273 of the Criminal Code of the Russian Federation

1. Malicious programs are specially created computer programs endowed with functions of unlawful influence on computer facilities, the implementation of which leads to unauthorized destruction, blocking, modification or copying of information.

The computer program is presented in objective form a set of data and commands intended for the operation of computer devices in order to obtain a certain result, including preparatory materials, obtained by a computer program, and the audiovisual displays generated by it.

2. The use of a computer program should be understood as introducing (installing) it into the electronic memory of a computer with the subsequent implementation of the algorithm embedded in it.

Distribution of a computer program - providing access to the reproduced version in any material form program, including network methods, as well as by selling, renting, leasing, lending, etc. Malware can be distributed directly by copying it to the victim’s computer, for example from a floppy disk, or indirectly by transmitting it via e-mail, communication lines through a computer network.

Neutralization of computer information protection means should be understood as the destruction or modification of an anti-virus program or other interference that opens access to unauthorized use of information.

3. The crime is considered completed from the moment of creation, use or distribution of malicious software that creates a threat of consequences specified in the law.

4. The subjective side of the crime is characterized by guilt in the form of direct intent.

5. The subject of the crime is a person who has reached the age of 16 years.

6. The qualifying features of this crime and their content are similar to the qualifying features provided for in Art. 272 of the Criminal Code.

IN qualified staff The subjective side of a crime is characterized by two forms of guilt: intent for the actions committed and carelessness for grave consequences.

Creating computer programs or making changes to existing programs, knowingly leading to unauthorized destruction, blocking, modification or encoding of information, disruption of the operation of a computer, computer system or their network, as well as the use or distribution of such programs or computer media with such programs is punishable by imprisonment. for a term of up to three years with a fine in the amount of two hundred to five hundred minimum wages or in the amount of wages or other income of the convicted person for a period of two to five months.

The object of this crime is legal relations in the field of ensuring safe production, collection, processing, accumulation, storage, search, transmission, distribution and consumption of computer information, the use of information computer technologies and means of supporting them, the protection of computer information and the rights of subjects participating in information processes and informatization using computers, their systems and networks. The subject of this type of criminal attack is primarily computer information.

Objective side of this crime is expressed in the creation of computer programs or making changes to existing programs, knowingly leading to unauthorized destruction, blocking, modification or copying of information, disruption of the operation of a computer, computer system or their network, as well as in the use or distribution of such programs or computer media with them.

The generalized concept of “malware” for computers refers to programs specifically created to disrupt the normal functioning of computer programs, without which the normal functioning of computers, their systems and networks is ultimately impossible. The most common types of malware are:

– “computer viruses” (programs that can spontaneously attach to other programs and, when the latter is launched, perform various unwanted actions, reproduce themselves in several copies, modify (change) the program to which they have attached and disrupt its normal functioning, spoil separate files and catalogues, distort calculation results, etc.),

– “Trojan horses” (programs whose operation is associated with the presence in them, along with external utility, of a hidden module that performs various unauthorized, often harmful to the user, functions),

– “logic bombs” (a deliberate change in program code that partially or completely disables a program or computer system under predetermined conditions, for example, the arrival of a certain time) and others.

Maliciousness computer viruses and other similar programs is associated with their ability to self-reproduce and interfere with computer operation without the knowledge and permission of bona fide users. Virus programs are also usually designed to perform self-copying and camouflage functions.

In general, the harmfulness of a computer program is determined not by its purpose and ability to destroy, block, modify, copy information (these are quite typical functions of legal programs), but by whether its action involves, firstly, prior notification of the owner of the computer information or another bona fide user about the nature of the program, and secondly, obtaining his consent (sanction) for the program to implement its purpose. Violation of one of these requirements makes the computer program malicious.

A program is considered malicious if its operation causes spontaneous destruction, blocking, modification, or copying of computer information.

Normal functioning should be understood as the execution of operations for which these programs are intended, as defined in the program documentation.

The creation of a malicious program for a computer is understood as the result of an activity expressed in the presentation in an objective form of a set of data and commands intended for the operation of a computer and other computer devices for the purpose of destroying, blocking, modifying, copying information, as well as for the purpose of disrupting the operation of a computer or computer system. or their networks.

In this article of the Criminal Code of the Russian Federation we're talking about not only about programs recorded on machine media, but also about programs recorded on paper. This is due to the fact that the process of creating a computer program often begins by writing its text, followed by entering it into the computer’s memory or without it. Taking this into account, the presence of source texts of virus programs is already a basis for prosecution under Art. 273 of the Criminal Code of the Russian Federation.

Making changes to existing program means changing its text by excluding its fragments, replacing them with others, or supplementing the text of the program. Making changes to an existing program can be an element of the objective side of this crime only if the corrections are made to a working computer program or a program with changes made distributed on any computer storage medium. Correction of the program set out on paper is not in itself implied by this provision of the criminal law, if this paper version will not necessarily be used to create a working program and is not intended for distribution. Responsibility under this provision of the criminal law should also occur if changes to an existing program are made by a person not directly, but through a special computer program designed to make the appropriate changes.

Using the program means publishing, reproducing, and other actions to put them into circulation. Use can be carried out by recording the program into computer memory, onto a tangible medium, distributing it over networks, or by otherwise transferring it to others. The use of computer media with such a program means any use of it for the purpose of using a computer program recorded on it. Using a malicious computer program for personal needs (for example, to destroy your own computer information) is not punishable.

Distribution of a program is the provision of access to a computer program reproduced in any material form, including through network and other means, as well as through sale, rental, rental, lending, as well as creating conditions for self-distribution of the program.

The distribution of computer media containing malicious software for a computer is its transfer to third parties.

The corpus delicti under Part 1 of Art. 273 of the Criminal Code of the Russian Federation, is formal, in connection with which it is recognized as completed from the moment of commission of any of the actions listed in its disposition (creation, modification, distribution, use, distribution of malicious programs), regardless of whether this program was used or not in cases , when its use is not incriminated against guilty persons. The occurrence of harmful consequences is not required to qualify the offense under this article of the criminal law.

Grave consequences, the occurrence of which is a qualifying feature of Part 2 of Art. 273 of the Criminal Code of the Russian Federation, belong to the assessment category. These may include the irretrievable loss of particularly valuable information, failure of important technical means, resulting in loss of life, accidents, disruption of production, etc.

The subjective side of the crime in question is characterized only with direct intent, when the perpetrator is aware of the social danger of his actions, foresees the possibility of socially dangerous consequences, and desires their occurrence.

In part 2 art. 273 of the Criminal Code of the Russian Federation provides for a careless attitude to the consequences of the crime.

In cases where direct intent also includes the onset of grave consequences, the act is subject to qualification according to the totality of crimes provided for in Part 1 of Art. 273 of the Criminal Code of the Russian Federation and the corresponding articles of the special part of the Criminal Code of the Russian Federation.

If the action of the malicious program was a condition for the commission of another crime, the act must be classified in its entirety, regardless of the severity of the other crime.

The subject of the crime in question can be any sane individual who has reached the age of 16.

Computer viruses are very common in modern world. Creation malicious utilities who spread infection is a crime. Moreover, it is of a criminal nature. But what is the price for this? Possible penalties in Russia are provided for in Article 273 of the Criminal Code of the Russian Federation. What does it say? What should developers and malware creators prepare for? software for computers?

Without burden

The first scenario is when “harmful” programs are written, distributed and created by one person without any special features. This crime is considered the simplest. If you believe Article 273 of the Criminal Code of the Russian Federation, the punishments are not the worst for such an act. What exactly does the law provide?

The creator or distributor of malicious software for computers may have their freedom restricted. The punishment lasts up to 4 years. is far from the most serious measure applied to criminals.

It is also possible to assign forced labor. Their maximum duration coincides with the limit of the suspended sentence. Namely 4 years.

Deprivation of liberty also occurs. It is indicated that you will have to “serve” 48 months, and also pay an additional fine of up to 200,000 rubles. Or, in addition to imprisonment, lose 1.5 years of earnings.

Groups

The creation, use and distribution of malicious computer programs may be punished by other measures. If the crime was committed for personal gain, caused major damage or was preliminary conspiracy, as well as actions organized group or acts using official position, then other forms of punishment will be applied to the criminals.

As in the previous case, it is assumed suspended sentence. 48 months - that's it maximum duration. Forced labor is also not excluded. It can last up to 5 years. In addition to social work a restriction on conducting certain activities and for some positions for 3 years. The “taboo” may not apply.

Imprisonment is imposed for 5 years, with an additional fine ranging from 100 to 200 thousand rubles. Imprisonment may also impose a “taboo” on activities and work positions. Such punishment, according to Art. 273 of the Criminal Code of the Russian Federation, can last up to 36 months.

Dire consequences

If the creation and distribution, as well as the use of malicious software caused serious harm or created a threat of their appearance, criminals can be “imprisoned” for a maximum of 7 years.

In Article 273 of the Criminal Code of the Russian Federation, the commentary says that the corpus delicti is of a formal nature. This means that consequences are not necessary at all. From the moment the malicious software is created, the criminal’s guilt begins. And it doesn’t matter whether the actions were carried out publicly dangerous character or not. The motive also does not play a role in the crime.

The age of the offender is important. He must be at least 16 years old. Only then does responsibility arise under Article 273 of the Criminal Code.

Accordingly, from the point of view of the law, programs that are installed without notifying users and/or perform actions that are not reflected in the documentation are classified as malicious from the point of view of the law.

"I System Administrator, I install RAdmin over the network for everyone - am I going to go to court?

Installing programs without notification is a fairly common occurrence in companies and organizations. Therefore, it is advisable to work out this question, approve the list of software used and include consent for its remote installation in documents signed by company employees. To avoid.

“Oh, I spread a virus across the network!”

Let's start with the funniest quote:

The use of malware refers to their use ( by any person), which activates their harmful properties.

Above I promised to look at examples of discrepancies. The law does not use the word “knowingly” very well. The phrase “distribution... of computer programs... known to be intended” can be read in two ways. Let's imagine a situation where a user or company administrator spreads a malicious program over the network. If we imagine that “knowingly” refers to malicious programs, then any unintentional distribution of a known malicious program is not good from the point of view of the law. And here the differences in approach in the first and second parts of the article play a role. Let us remind you that “Acts provided for in the first part of this article, committed ... by a person using his official position ... are punishable.” There is no clarification that the actions were committed unintentionally - no!

WITH subjective side the crime provided for in Part 1 of the commented article can only be committed with direct intent, since this article determines that the creation of malicious programs, known to the creator of the program, should lead to unauthorized destruction, blocking, modification or copying of information, disruption of the operation of the computer.
The use or distribution of malicious programs can also only be carried out intentionally, since in accordance with Part 2 of Art. 24 of the Criminal Code, an act committed through negligence is recognized as a crime only if it is specifically provided for by the relevant article of the Special Part of the Criminal Code.
Part 2 of the commented article, in contrast to part 1, provides for the occurrence of grave consequences due to negligence as a qualifying feature.

Another opinion on part 2:

The content of these qualifying features corresponds to the content of similar features of previously considered crimes

Another:

From the subjective side, a crime can be committed both through negligence in the form of frivolity, and with indirect intent in the form of an indifferent attitude towards possible consequences. When direct intent is established in the actions of the perpetrator, the crime is subject to qualification depending on the goal that the perpetrator set for himself, and when the consequences that he sought to achieve occurred - and depending on the consequences that occurred. In this case, the actions provided for in Art. 273 of the Criminal Code turn out to be only a way to achieve the goal. Perfect deed subject to qualification based on the totality of crimes committed.

Funny opinion by the way:

The development of malware is available only to qualified programmers who, by virtue of their vocational training must anticipate possible consequences use of these programs.

In accordance with Article 274 of the Criminal Code of the Russian Federation criminal liability is for violating the rules for operating means of storing, processing or transmitting computer information and information and telecommunication networks.

“I only started it for myself!”

Another place where interpretations differ. In most interpretations, it is believed that there is no difference for oneself or not:

The crime in question will be completed from the moment of creation, use or distribution of such programs or information that create a threat of the consequences specified in the law, regardless of whether these consequences actually occurred or not. At the same time, the offender must be aware that the programs he creates or uses will obviously lead to the socially dangerous consequences specified in the law. The motive and purpose do not affect the qualification of the crime.

The answer I think is obvious.

True, the same interpretation makes leniency for shots in the leg:

However, using a malicious computer program for personal needs (for example, to destroy your own computer information) is not punishable.

“I’m not spreading the virus, I posted it on Github for general information and that’s it”

Distribution of programs is the provision of access to a computer program reproduced in any material form, including through network and other means, as well as through sale, rental, rental, lending for any of these purposes. One of the most typical ways to spread malware is to place it on various sites and pages of the Internet information and telecommunications network.

Thus, any publication is already distribution. Naturally, the question immediately arises about publishing exploits demonstrating vulnerability. From a legal point of view, this is not good. It is possible to recommend publication with changes that make the code inoperable - but whether the court will accept this as an argument is not known.

“Yes, I didn’t even compile, I just threw in the code for fun”

This composition is formal and does not require the occurrence of any consequences; criminal liability arises as a result of the creation, use or distribution of the program, regardless of whether any social consequences occurred as a result of this dangerous consequences. Within the meaning of the article being commented on, the presence of source codes of virus programs is already grounds for prosecution.
Responsibility arises for any action provided for by disposition, alternatively. For example, someone may be responsible for creating the malware, another for using it, and another for distributing the malware.

Even more fun:

The creation of programs is an activity aimed at developing and preparing programs that are capable, in their functionality, of unauthorized destruction, blocking, modification, copying of computer information or neutralizing means of protecting computer information.
Art. 273 of the Criminal Code of the Russian Federation establishes liability for illegal actions with computer programs recorded not only on machine, but also on other media, including paper. This is due to the fact that the process of creating a computer program often begins with writing its text, followed by entering it into the computer or without it. Taking this into account, the presence of source texts of malicious computer programs is already grounds for prosecution under Art. 273 of the Criminal Code of the Russian Federation.

Of course, it’s cool to write source texts on paper, but it doesn’t change the meaning. Storing source codes, and especially malware, if you are brought to trial for some reason, is not good. Arbitrage practice on this score is clear. The presence on the computer of programs that can be classified as malicious and the ability, due to qualifications, to use them (insanity, I agree, but this is the practice) - serves as aggravating circumstances

“Yes, I’m only on the command line...”

Previously, we only talked about programs. But Article 273 also contains something else: “... distribution or use... of computer information known to be intended.” Let us remember that information is any bit on a computer.

Civil Code Russian Federation defines a computer program as “a set of data presented in an objective form and teams, intended for the operation of computers and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and the audiovisual displays generated by it"

Therefore, any actions that knowingly modify, destroy, etc., fall under 273 of the Criminal Code of the Russian Federation.

Even copying malware can fall under the terms of the law

The only form of committing this crime can be an action expressed in the form of creating malicious programs for computers, making changes to existing programs, as well as the use or distribution of such programs. Distribution of computer media with such programs is fully covered by the concept of “use”.

“I’m not 18 yet!”

The subject of this crime can be any sane person over 16 years of age.

"For what?"

Depending on the actions performed by the malicious program and the consequences, liability may be not only under Art. 273 of the Criminal Code of the Russian Federation. Two examples

If the creation, use or distribution of malware acts as a means of committing another intentional crime, then the act must be classified as a set of crimes. For example, in cases where malware is created or used to defeat copyright holder-installed tools personal protection computer program, liability arises under the relevant parts of Articles 146 and 273 of the Criminal Code of the Russian Federation.
In the event that the perpetrator, when using or distributing malicious programs, deliberately destroyed or damaged computer equipment what caused significant damage victim, his behavior forms a set of crimes, provided for in articles 167 and 273 of the Criminal Code of the Russian Federation.

“I am from another country and am not subject to the laws of your country!”

Alas, this is not so. All actions of creation (including, as we remember, storage), distribution and use are subject to the Criminal Code of the Russian Federation. That is, if they take you with source code on the territory of the Russian Federation, you carry out any actions against citizens and institutions of the Russian Federation - you are subject to the laws of the Russian Federation.

Examples of criminals who ended up in US prisons are proof of this.

Whether you refuse responsibility or not, the law does not care. Law care committed actions. Whether you quit or not - the same. There are actions committed and there is responsibility for them.

LeakedSource (a leak aggregator that collected databases of VKontakte, Mail.ru, Rambler, Last.fm, Linkedin, Dropbox, Myspace and many other resources that had leaked onto the Internet and provided access to the passwords of leak victims to anyone who was willing to pay for them) argues that California laws do not apply to the company because it is based outside the United States.

“Why are there so few landings?”

As far as I personally know, the problem is not related to the desire to imprison, but to shortcomings in the procedures. Difficulties in combining small cases from various departments in one, experience in collecting evidence

Other countries. We won’t consider everything, we’ll limit ourselves to two

Kazakhstan

Article 206 of the Criminal Code of the Republic of Kazakhstan. Unlawful destruction or modification of information

1. Intentional unlawful destruction or modification of legally protected information stored on electronic media contained in the information system or transmitted over telecommunications networks, as well as entering into the information system knowingly false information, if this entailed significant violation rights and legitimate interests citizens or organizations or interests of society or state protected by law,...

Article 210. Creation, use or distribution of malicious computer programs and software products

1. Creating a computer program, software product or making changes to an existing program or software for the purpose of unlawful destruction, blocking, modification, copying, use of information stored on electronic media, contained in an information system or transmitted over telecommunications networks, disrupting the operation of a computer, subscriber device, computer program, information system or telecommunications networks, as well as the intentional use and (or) distribution of such a program or software product...

Pretty much the same. But the intentionality of the actions is clearly stated; accidental distribution is not subject to punishment. But illegal actions have been added - something that in Russia is carried out under Article 274. The article does not contain a definition of information, as in the previous version of Art. 273 of the Criminal Code of the Russian Federation, which made it possible to include personal data and some other categories of data in such information.

And in the case of Kazakhstan, actions are not mandatory. Enough of inaction

Article 207. Disruption of the operation of an information system or telecommunications networks

1. Deliberate actions(inaction) aimed at disrupting the operation of an information system or telecommunications networks...

Ukraine

1. Creation using the method of using, distributing or creating, as well as distributing or creating, useless software and technical devices intended for the unauthorized insertion into work of electronic computing machines (computers), systems, computer "yuternich merezh chi merezh elektrozv" language , - is punishable by a fine of five hundred to one thousand non-compliant minimum incomes of citizens, either by proper robots on lines up to two years, or by abrogation of will on that very line.
2. Those same actions, committed again either behind the front group of people, or because they have become seriously ill, are punishable by reduction of liberty for up to five years.

The wording “Creation for the purpose of use” is unclear. Write but not check? In any case, the law covers the activities of any programs or technical means to change the operation of computers or networks. There is the word distribution - there is no clarification of whether it is intentional or not. I'm afraid that the unintentional falls under the law

Tags: Add tags