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Japan Implements Act for Penalizing PC-Virus Developers

On June 17, 2011, Japan's parliament legislated laws, which would penalize creators of PC-viruses despite the malware not causing any destruction. Bernama.com reported this on June 17, 2011.

It's understood that one law from the whole set summons an alteration in the Penal Code that presently lets the lodging of criminal complaints like damage to property solely when PC-viruses cause material destruction.

Subsequently, within the purview of the modified Penal Code, perpetrators of PC-viruses who distribute the malware even in the absence of any reasonable purpose can be imprisoned for a maximum of 3-years else fined to a maximum of 500,000 Yen (USD 6,203).

Also, those who obtain and store PC-viruses can be sent to jail for up to 2-years else fined up to 300,000 Yen (USD 3,722).

Notably, the modified act facilitates penalty during the different phases involved in the creation of PC-viruses; consequently its implementation, expected during July 2011, will likely help in preventing destruction on numerous PCs.

Additionally, the law will as well punish those who spam e-mails while promoting porn.

A controversy surrounding the law is that it lets the seizure of data alternatively replicate the same from PCs which are linked to the Internet as also connected to a network PC that's captured for investigation. Thereafter, it facilitates empowered officials to ask ISPs to hold onto communication logs like the e-mail recipients' and senders' names for 60-days or less.

The law's implementation meanwhile, had long received encouragement from the Japan police; however the earlier acts had failed amidst severe condemnation by freedom-of-speech and privacy activists who cautioned about too much of police powers.

Moreover, according to the law, given the damages from online-crime pertaining to progressive 'information processing,' it's essential for framing the required rules and regulations.

And since worries abound, the law can breach communications' privacy that the constitution of Japan guarantees. Specifically, the law contains a resolution, which advises empowered officials to use it suitably.

Now, in a new measure the Japanese government has adopted, efforts are being channeled towards backing the 'Convention of Cyber-crime' treaty, 31 nations ratified, which require global cooperation in probing online-crimes.

Related article: Japan – Reinforce Spam Laws

» SPAMfighter News - 6/27/2011

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