Is it illegal to sell malware?

Question

• Is it illegal to produce and sell malware?
  • If no, is there any data I need to collect on the customers?
• Is it illegal to produce and sell Crypters(programs that hide other programs from antivirus)?
  • If no, is there any data I need to collect on the customers?

Answer 1

The exact laws will vary by region and country, but the laws will range anywhere between illegal and almost illegal. If you want to operate as legal as possible then you will have to disclose to the buyer that the software is malware or a crypter and you should require for the buyer to sign an agreement to only use the software for legal and educational purposes. Hiding the disclosure in a long Terms of Service agreement will likely not be sufficient. You will have to explicitly advertise that the software is malware and a crypter and that you are looking for reputable tech firms to buy your software in order to improve their software.

If you sell software without disclosing to the customer that the software contains malware or a crypter then you are exposing yourself to a lawsuit for products liability, invasion of privacy, fraud and misrepresentation, the cost of damages, and possibly criminal liability.