Well, there are some aspects of existing legislation (I am not a lawyer) that may include such liabilities.
Certainly if you own a computer that is infected, you could be causing financial damage to other computers. And if your computer is attacking
www.whitehouse.gov or the homeland security website, I wouldn't rule out a nice notice from your ISP that the FBI or RCMP has asked to have your computer taken offline.
However, legislators are horribly bad at crafting usable and enforceable laws and penalties.
For instance, as we speak California legislators are working on legislation that will pretty much make developers who work on software targetted at the sharing of messages or files illegal on the internet. This is due to their poor definition of P2P software.
>CA BILL CALLS FOR POTENTIAL JAIL TIME FOR P2P DEVELOPERS A bill
>introduced in California's Legislature last week has raised the
>possibility of jail time for developers of file-swapping software who
>do not stop trades of copyrighted movies and songs online. If passed
>and signed into law, the bill could expose file-swapping software
>developers to fines of up to $2,500 per charge, or a year in jail, if
>they do not take "reasonable care" in preventing the use of their
>software to swap copyrighted music or movies, or child pornography.
>Bill at
><http://cainducebill.notlong.com>
http://cainducebill.notlong.com
>Coverage at
><http://news.com.com/2100-1028_3-5540937.html>
http://news.com.com/2100-
>1028_3-5540937.html
I guess 'reasonable care' will be left up to a judge...very nervous here.
Their definition of P2P:
"peer-to-peer file sharing software" means software that once installed
>and launched, enables the user to connect his or her computer to a
>network of other computers on which the users of these computers have
>made available recording or audiovisual works for electronic
>dissemination to other users who are connected to the network."
Sounds a lot like IE or Mozilla, eh?
Karen