CircleID: Should We Make the Possession of Malware a Crime?
‘The Council of Europe’s Convention on Cybercrime, which the United States ratified a few years ago, has a provision concerning the possession of malware. Article 6(1)(b) of the Convention requires parties to the treaty to criminalize the possession of malware “with intent that it be used for the purpose of committing” a crime involving damage to a computer or data. Article 6(1)(b) notes that a country can require “that a number of such items be possessed before criminal liability attaches.”’
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