Does Intercepter-NG fall under the Criminal Code of the Russian Federation?

Question

Law in IT

Actually a subject, I ask lawyers to answer.

Answer 1

The program cannot fall under this or that law, only actions that a person performs with this program or with the help of this program fall under the law.
The use of Intercepter-NG for illegal purposes may constitute a crime under Art. 272 of the Criminal Code of the Russian Federation or Art. 274 of the Criminal Code of the Russian Federation, however, the responsibility for the relevant actions lies with the end user, but not the program developer (unless, of course, he is in a criminal conspiracy with the user). Depending on the circumstances, other articles of the Criminal Code of the Russian Federation may appear (violation of the secrecy of correspondence, extortion, etc.), but, again, the developer does not bear responsibility, because he is not to blame that his program is used for illegal purposes.
On the other hand, I think that you are more interested in Art. 273 of the Criminal Code of the Russian Federation (“Creation, use and distribution of malicious computer programs”). After all, it assumes the responsibility of the author of a malicious program for its creation, regardless of the actions of end users with this program. Regarding this article, I can say the following: Your program performs certain actions in an interactive mode, that is, it clearly requires obtaining user authorization for the destruction, blocking, modification, copying of computer information, i.e. such an important sign of a malicious program as unauthorized actions performed with information (see the text of Article 273 of the Criminal Code of the Russian Federation) is missing. However, in the current version of the article there is a phrase about the neutralization of computer information protection tools, and this phrase is not consistent in case with the word “unauthorized”, i.e., with a literal interpretation of the law, a contradiction arises - it is not clear whether the neutralization of the information security facility should be unauthorized in order to recognize the program as malicious or not. And at present, there is no generally accepted position on the materials of judicial practice in this matter. Your program neutralizes information protection tools (MitM), this neutralization is authorized by the user, however, the question of classifying the program as malicious based on the very fact of the presence of such functionality cannot be unambiguously resolved. whether the neutralization of the information security facility must be unauthorized for the program to be recognized as malicious or not. And at present, there is no generally accepted position on the materials of judicial practice in this matter. Your program neutralizes information protection tools (MitM), this neutralization is authorized by the user, however, the question of classifying the program as malicious based on the very fact of the presence of such functionality cannot be unambiguously resolved. whether the neutralization of the information security facility must be unauthorized for the program to be recognized as malicious or not. And at present, there is no generally accepted position on the materials of judicial practice in this matter. Your program neutralizes information protection tools (MitM), this neutralization is authorized by the user, however, the question of classifying the program as malicious based on the very fact of the presence of such functionality cannot be unambiguously resolved.
Additionally, I recommend that you read this article: consumer.nm.ru/kgbspy.htm