Of course, one could avoid using this part of the C library, but writing safe code shouldn't be a matter of fighting the system, rather it should be an expected use of the library. In regards to the recent Internet Worm, I am amazed that the newspapers continually report that the FBI is not sure that any laws were broken. There are 2 relevant offenses. A person is guilty of unauthorized use of a computer when he knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system. Unauthorized us of a computer is a class A misdemeanor.
Computer trespass is a class E felony.
Clearly the design and release of a worm is a violation of section 156.10. A felony is defined as an offense for which a sentence to a term of imprisonment in excess of one year is authorized in the state. It's interesting that after the generally in-synch technical discussions re RTM's virus, unanimity breaks down when the subject turns to ethics. Christine Piatko, on the one hand, questions whether we can define computer ethics in the absence even of agreement over house break-ins. I suggest that the situation is both less complicated than Piatko suggests and more so than Schweitzer does.