Computer viruses are now illegal in Japan

Computer viruses are now illegal in Japan

 

Thanks for posting the article. Not picking on you with the following...


"Japan is now the place to be if you want to have a better chance of avoiding computer viruses." - Because we all know that if something is illegal it no longer happens.

"If one is caught storing or acquiring viruses, they could go to prison for two years or be fined around $4,000 or 300,000 yen." - So if you get a virus you can go to prison? That would be acquiring a virus.

"The law also allows authorities to take any data from computers or servers that are believed to be connected to a computer under suspicion of creating viruses." - So if the police want your data they just plant a virus...

As much as something like this seems well intentioned there is a lot of potential for it to create more problems than it solves.

 

If that is so, it would be legally impossible for antivirus companies to operate in Japan. TrendMicro for example would not be able to create any signature since by law they would not be allowed to acquire any virus sample.

Thanks.

 

http://nakedsecurity.sophos.com/2011/06/17/japan-makes-virus-creation-illegal/
It all depends on whether law enforcement chooses to abuse it, and how the judiciary interprets it. I would not like to see something like this in the US where they both tend to be fast & loose.

 

Better chance to avoid viruses... Yeah right, unless your Internet isn't globally connected (or you don't use that at all).
Banning create is good, distribute mostly okay, but acquire/store is downright stupid.
Then there's police authority, which can be abused.

 

Have they defined in clear terms what constitutes a virus? If not, how is this enforceable?

 

Being Infected by Malware is Not the same with Storing, Acquiring, and Creating Malware.

 

I know what you mean but how difficult would it be for someone to plant or infect you with a virus and argue that point? I have no idea what the legal system in Japan is like but if they planted a virus on your machine your only defense would be "I didn't do it!" to which they would respond "Yeah, that's what they all say..."

 

Malware Victims (= Malware-Infected PCs) are,
by far, different from
Malware Collectors (= VXers), Malware Writers etc.

A crippled PC by Malware Infection
is Not the same with
a PC used for Malware Storage, Distribution etc.

A PC being infected by a few Trojans for example,
is Not the same with
a PC containing thousands of Malware Archived by Name, Specie, Date etc.

 

This is what happens when you allow elected officials to make decisions governing subjects they know nothing about. You might as well say that it is illegal to do computer security research in Japan. If every nation in the world adopted laws like this... the malware/viri/rootkit authors would have a huge advantage.

As a security researcher I am required to know how to create malware/viri/rootkit and I must engage in intense WinDbg reverse engineering sessions. Some of the laws I have recently seen being passed around the world would actually make me a criminal in some nations.

Does anyone have an english translation of the law? I'd be interested to see if it contains allowances for special situations such as security research.

-MessageBoxA

 

As has already been posted: "caught doing so without a good reason".
I'd say security research falls under "good reason".

Which is also an out for the malware writers and distributors: "I was just doing research."

Certainly sounds like a purely 'lip service' law.

 

The price of a virus in Japan just gone through the roof. If its illegal someone will use that and make a crap load of money out of it till he gets arrested other flee the country.
Can see some crack dealers walking with a case full of cash buying a couple of trojans from some basement factory lol

 

"Japanese Virus Writer Jailed for Two and a Half Years" : http://news.softpedia.com/news/Japanese-Virus-Writer-Jailed-for-Two-and-a-Half-Years-212797.shtml

Does anyone have a clarification of the Japanese law as regards Malware Researchers etc?
Quote: "In fact, even the act of simply storing or acquiring malware is punishable with up to two years in prison and a fine of 500,000 yen. Japan introduced the new law after a rise in the number of malware attacks in the country."

 

From the article:

So not only did he create it and presumably store it, he distributed it and the result was infected machines (50, 000). I would say that shows intent to distribute which would be my guess as to why he was convicted and sentenced.

I highly doubt the Japanese are going to hamstring themselves by not allowing legitimate antimalware and academic research into viruses and other malicious code....

JMHO
Mike

 

Thanks, Coldmoon. It might be that Japan has a registration system to enable private research perhaps?

 

I would check with legal counsel if I were in Japan regarding private or enthusiast research projects that fall outside commercial antimalware and/or academic arenas for CYOA purposes.

 

That sounds like good advice, by the look of the situation over there!

 

July 25, 2011 6:10 PM

First ever arrest in Japan for storing computer virus on PC

Tokyo police have arrested a 38-year-old man suspected of storing a computer virus on his personal computer.

The arrest, which took place last week, falls under the country's new penal code which criminalizes the storage of malware for the purpose of infecting other computers. If convicted, the arrested man, 38-year-old Yasuhiro Kawaguchi, faces a maximum two years in jail or a fine of up to 300,000 yen.

This marks the first time that someone in Japan was charged under the new law, which took effect this month.

The police say that Kawaguchi uploaded a virus he created with a title suggesting that the file contained child pornography. They say that he admitted wanting to infect computers owned by users of file-sharing software. Although the virus did not damage the infected computers, it would cause glitches in the system, according to the police.

http://www.cbsnews.com/stories/2011/07/25/scitech/main20083202.shtml

 

I believe that was posted here: https://www.wilderssecurity.com/showthread.php?t=304035

 

This is a good effort but TOTALLY UNC0NTROLLABLE