The Timofonica virus (a play on the company’s name - the word
“Timo” means ‘trick’ in Spanish), e-mails mobile phones connected
to Spain’s Movistar mobile phone network, according to anti-virus
companies based in Russia and Finland which identified the
virus.
The worm spreads by using Microsoft Outlook to send itself to
all addresses in an address book, and for each infected message
sent it also sends a message to a randomly generated telephone
number at the Movistar’s web site. That address is an SMS (Short
Message Service) gateway that sends SMS messages to mobile
phones.
The message sent to mobile phones translates as “Note:
Telefonica is cheating you.” The message sent to other Outlook
users further criticises Telefonica and asks recipients to open the
attachment for more information. Opening the attachment then
triggers the spread of the virus.
The anti-virus companies say they believe Timofonica is the
first virus to attack mobile phones, although it does not spread
through phones.
In the recent Love Bug virus, there were concerns in the West
following the realisation that there were no laws in the
Philippines (where the Bug originated) suited to prosecuting a
person responsible for a computer virus. However, it is not clear
that a person attacking mobile phone systems can be prosecuted in
the West under laws which were designed with the computer hacker in
mind (although this particular virus is only spread by computer
systems, not phones).
In the UK, the Computer Misuse Act would normally be used to
proseucte a person responsible for a computer virus. The Act leaves
open the interpretation of the word "computer" for the courts to
decide. While most would argue that more complex mobiles are a form
of computer, the lack of definition does leave the issue open to
debate.
If mobile viruses become an issue, and the responsible
individual is found, it might be possible for a company in
Telefonica’s position to sue for defamation, but this may not be
financially viable if the individual is not worth suing.
Individuals receiving such messages to their phones might also
argue that a company in Movistar’s position is negligent in failing
to block the unwanted messages.
