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The so-called creator of the first Spanish computer virus has been acquittedof the crimes for which he was accused of discovering secrets and damage. The judge has found that creating the virus "is not criminal" if it does not cause damage or reveal secrets, which it did not Kelar (or Raleka), a program created in 2003 that exploited a vulnerability in Windows 2000 and XP to spread itself.
The magistrate explained her ruling by saying that "in order to criminally reproach a person for their willful or culpable action, it is necessary to previously prove what their actions have been (…) in the present case there are not enough elements to declare what the defendant's conduct was".
120,000 infected computers
The virus created by the defendant, nicknamed 900k, managed to infiltrate 120,000 computersThe Civil Guard explained when they arrested him in 2008 that the virus violated the privacy of users and left the field open to the defendant to cause damage to their systems or attack third parties.
However, the judge has assured that there are not enough elements to show that those were the intentions of the hacker, who was facing a sentence of more than two years in prison because the virus, according to the accusation, "had destroyed and modified the infected computers" and caused "damages and confusion among users that required cleaning the hard drive."
Thus, the judge has considered that 900k (34 years old and whose real name responds to the initials A. C. P.) has not "seized, used or modified personal data personal, family or reserved ". In relation to the accusation of damages, the magistrate has argued her sentence by saying that "from the statements analyzed, there is no result of the performance of any act of deletion, deterioration, alteration, deletion of data, or programs IT".