Electromagnetic records of a computer virus are defined as “electromagnetic records of an unauthorized command preventing computers from acting corresponding to the user fs intention or making computers act against the userfs intention” (Penal Code §168-2 (1)(ⅰ)). Program errors which inevitably occur during the process of program development (so-called bugs) are not subject to the definition because of the lack of the requirement “unauthorized”. Additionally, these penal provisions include the requirement “without justifiable grounds”, and actions to create a virus for the purpose of the development and research of anti-virus measures are not subject to a penalty under the law.
In addition, a provision for an attempted crime is established for the obstruction of business by damaging a computer (Penal Code §234-2 (2)).