Well if you were using that malware to gain remote access to a system or to exfil data, then that would be clear cut unauthorised access of a computer / network.
But if the malware wasnt giving you data and access, then it would probably be acting with intent to damage a computer system or network.
You might argue that the fault lies on the person who picked it up and plugged it in, but by that logic, it wouldn’t be illegal to distribute rat poison at a dog park or to set rabbit traps in a playground.
What is the crime called for just dropping a stick?
Well if you were using that malware to gain remote access to a system or to exfil data, then that would be clear cut unauthorised access of a computer / network.
But if the malware wasnt giving you data and access, then it would probably be acting with intent to damage a computer system or network.
You might argue that the fault lies on the person who picked it up and plugged it in, but by that logic, it wouldn’t be illegal to distribute rat poison at a dog park or to set rabbit traps in a playground.
Worse case, it might count as littering? 🤔