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Hackers are 'Terrorists' Under Ashcroft's New Act

Carlos writes "Most computer crimes are considered acts of terrorism under John Ashcroft's proposed 'Anti-Terrorism Act,' according to this story on SecurityFocus. The Act would abolish the statute of limitations for computer crime, retroactively, force convicted hackers to give the government DNA samples for a special federal database, and increase the maximum sentence for computer intrusion to life in prison. Harboring or providing advice to a hacker would be terrorism as well. This is on top of the expanded surveillance powers already reported on. The bill could be passed as early as this week. I feel safer already."

638 of 1,021 comments (clear)

  1. Somebody has to say it, but... by mikeage · · Score: 1, Redundant

    Hackers aren't criminals. Crackers are. Seriously-- why _shouldn't_ computer crime be crime?

    --
    -- Is "Sig" copyrighted by www.sig.com?
    1. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 3, Insightful

      here in the U.S. the punishment is supposed to fit the crime. i can't think of any other nonviolent, arguably victimless crime that carries no statute of limitations and can get you life in prison.

    2. Re:Somebody has to say it, but... by nebby · · Score: 1, Troll

      Victimless? Are you kidding? If someone cracks into a big ass server and steals credit cards, I think I know who the victims are.

      Just because they're geeks doesn't make them any less criminal.

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    3. Re:Somebody has to say it, but... by caduguid · · Score: 3, Insightful

      Ok, computer crime should be crime.

      But crime punishable by life in prison? With no statute of limitations? Doesn't murder have no statute of limitations and get you life?

      There's a difference between 'crime is crime' and having some sense of proportion. geez.

    4. Re:Somebody has to say it, but... by DeadMeat+(TM) · · Score: 4, Insightful
      Stab somebody with a knife and kill them, and odds are you'll spend 20 years in jail, tops. Maybe more if you use a gun, or stab somebody famous, but as any U.S. citizen can tell you, even life sentences for violent crimes rarely live up to their name.

      Break into their computer, and you're instantly labelled a terrorist. Think there's any chance you'll get much less than the maximum penalty of life? Hell, my high school once informally accused me of piracy (which, incidentally, I was not guilty of) just on the basis that I knew enough and therefore could have done it. If there's anything that makes people paranoid, it's hearing that the Big Bad Hacker is right outside their computer's door.

      Fair, no?

    5. Re:Somebody has to say it, but... by feed_me_cereal · · Score: 1

      yeah, and we should make jay-walking a capital offense. It's not a question of "what is a crime", but "how severe a crime is"

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    6. Re:Somebody has to say it, but... by AshPattern · · Score: 1

      Well, computer crime _is_ crime, by definition. If it weren't a crime, it wouldn't be computer crime, now would it?

      All the same, so is a little kid stealing a candy bar from a grocery store. Life imprisonment? Terrorism? Geez...

      Good thing the U.S. has a judicial branch to help sort things out.

    7. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 5, Interesting

      who are the victims?

      stop and think.

      if someone commits credit card fraud with said stolen numbers, then we know who the victim is. but we already have a law for that. until some other crime is committed, there was no victim of simply stealing the numbers.

      just because a computer was used to commit the crime, it doesn't mean the crime is somehow worse than the same thing done without a computer. theft is theft, and should be treated as such. it's not like we have separate murder laws for guns vs knives...

    8. Re:Somebody has to say it, but... by Alan · · Score: 3, Informative

      Depends on the crime. Cracking a big DB of credit cards yes, but how about reverse engineering say, a copyright'd protocol? Maybe the people who made programs like gaim, gnapster, knaptser, kicq, gnomeicu, etc should get thrown in jail for their evil "hacking"?

      I'm not against bad things being a crime, but who gets to define what is a crime or not? And what about when new types of hacking/cracking come out? Maybe windows virus authors should be made criminals? How about websites that use cookies to track you (doubleclick anyone?).

      The problem with computers and hacking in general is that it's very hard to narrowly define what is and isn't a crime. Mitnick is a sure sign of this, as is Dimitri. On one side ($$) it's a crime of epic proportions, on the other side it's harmless fun, investigation, proving a point, whatever. This has been a problem since phreaking and probably far before....

    9. Re:Somebody has to say it, but... by benedict · · Score: 2, Insightful

      How about growing marijuana?

      --
      Ben "You have your mind on computers, it seems."
    10. Re:Somebody has to say it, but... by avalys · · Score: 1

      Who the hell says it's victimless? Companies lose business every time their site is down, or gets cracked, or whatever. And people lose money when their credit card #s are stolen by some loser. As for the fact that it can earn you life in prison, well, that's too bad for the cracker. They'll just have to suffer the consequences of their actions.

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      This space intentionally left blank.
    11. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 1, Funny

      Yeah, if they weren't guilty, they wouldn't be suspects, now would they?

    12. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 2, Insightful

      Is intrusion necessarily terrorism? If I break into the DMV computer system and replace their web page with something silly, that is certainly criminal, but it's more like vandalism than terrorism. Besides, wouldn't you be a traitor and not a terrorist even if these things did apply?

      Also, does this mean that we no longer need virus programs and firewalls? I mean, who needs to lock their door when burglary is illegal?

      And of course, how does this bode for tech workers? I often have to gain access to a customer's servers. Does this mean a simple "here's some credentials for you to use" is no longer enough? Do I have to have the admin at the customer's site file a contract with his boss and have his boss and himself and myself sign it each and every time I help them out, even if I'm just entering to check their logs because -- hey -- someone might later say it was unauthorized?

      Ashcroft can suck my cock -- but we all know these things will be passed. And projects like mozilla.org that have sections on "hacking the code" will become villified for contributing to terrorism. Welcome to the witch-hunts; i'm finding a new line of fucking work.

    13. Re:Somebody has to say it, but... by Alan · · Score: 3, Funny

      ... so the entire IIS team will be in the slammer RSN huh? :)

    14. Re:Somebody has to say it, but... by A+coward+on+a+mouse · · Score: 2, Insightful

      Agreed, people who steal credit card numbers are bad and should be punished. But this law makes no distinction between cracking into a big ass server and stealing credit cards and cracking into a tiny ass server to write your name on the home page.

      You wouldn't think it was fair to sentence someone who scrawled "Kilroy wuz here '01" on the bathroom wall of a pizza parlor to life in prison, would you? Because that's what this law states: Scrawl your name on any website without the author's permission and be punished as if you were Osama bin Laden's personal hackmeister.

      --
      If you mod me down, I will become more powerful than you can possibly imagine.
    15. Re:Somebody has to say it, but... by ADRA · · Score: 1

      Credit cards are insured minus the deducatable, which is like $50. Plus, I am sure you can recoup that from the company that was hacked, or the gov, or something... Yeah the insurance companies, but they know the risks.

      --
      Bye!
    16. Re:Somebody has to say it, but... by GrenDel+Fuego · · Score: 2

      Hey, why not impose a life sentence for ignoring the "Don't walk on the grass" sign. It's no problem because you're fine as long as you don't walk on the grass.

    17. Re:Somebody has to say it, but... by __aaahtg7394 · · Score: 2

      this is a bit more like spraypainting it in big letters on their corporate headquarters.

      which would get you in deep shit if you were caught.

    18. Re:Somebody has to say it, but... by Dexx · · Score: 1

      Maybe the people who made programs like gaim, gnapster, knaptser, kicq, gnomeicu, etc should get thrown in jail for their evil "hacking"?
      The article mentions that the five-year statute of limitations is retroactively being pulled. Combine this with what was said in another post and it could very easily be done.

      but who gets to define what is a crime or not?
      The pessimist (realist?) in my wants to say it'll be those with the $$ to buy government officials.

      I remember back in high school learning that capitalism was a economic system and democracy was a governmental system. I always kept getting confused and thinking that capitalism was a model of government. Maybe I was just ahead of my time..

      --
      Feel the fear and do it anyway.
    19. Re:Somebody has to say it, but... by ToLu+the+Happy+Furby · · Score: 5, Interesting
      Seriously-- why _shouldn't_ computer crime be crime?

      Computer crime should be a crime.

      But it already *is* a crime. The question is what is a just response to computer crimes. Some things which are *not* just:

      • Sentencing someone to lifetime imprisonment without possibility of parole for a simple computer crime. Remember, if the crime really warranted such a sentence--for example, cracking air traffic control and causing planes to crash into each other; cracking a CIA computer and stealing national secrets--then the criminal would already be liable for serious punishment under existing laws--murder and espionage, in these cases.

      • Retroactively eliminating the statute of limitations, allowing people to now be charged with computer "crimes" they committed decades ago.

      What's even worse is the provision that giving advice or information which may be used to facilitate computer crimes is not only criminalized but subject to the same penalties.

      To put it another way, if this law passes then someone could be given life in prison without parole for documenting vulnerabilities which allow systems to be compromised by a cracker or a worm. Indeed, it isn't clear that, with the removal of the statute of limitations, they couldn't charge the people documented the vulnerabilities responsible for eg. Code Red or Nimda under this law.

      This provision is like the anti-circumvention provision of the DMCA writ large. Whereas at least the DMCA only applies to access-control restrictions on copyrighted material, this law could potentially make all discussion of any vulnerabilities which allow systems or information to be compromised illegal.

      These provisions are so utterly preposterous and out of proportion to the crimes (or so-called crimes) discussed as to boggle the mind.
    20. Re:Somebody has to say it, but... by sulli · · Score: 2
      Yeah, but that doesn't exactly suggest that life without parole would be an appropriate penalty.

      I kmew this Ashcroft guy was trouble.

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      sulli
      RTFJ.
    21. Re:Somebody has to say it, but... by DeadMeat+(TM) · · Score: 2
      Well, yeah, that's the solution to any crime in an ideal world. But the U.S. justice system is (supposedly) based on the punishment fitting the crime. Given the public's (and justice system's) paranoia towards computer crimes, it's pretty damn likely that somebody could spend more time in jail for breaking into somebody's computer than for killing somebody and then stealing their computer outright.

      But maybe you're right. After we all, we all know the goverment has the best intentions in mind when they pass laws about computer and high-tech crimes. (*cough* DMCA *cough*)

    22. Re:Somebody has to say it, but... by blkros · · Score: 2, Informative
      Actually it's not hackers or crackers, it's 'computer tresspasers'--according to the language of the bill. And from what I could garner out of the rest of it--if you do anything that the government doesn't like "you might be a terrorist". Wahoo.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    23. Re:Somebody has to say it, but... by kilgore_47 · · Score: 4, Interesting

      How about growing marijuana?
      That is an excellent example of a victimless "crime" that numerous goodhearted American people are rotting in jail for right now.

      Ashcroft's new proposals, though, go far beyond making computer-crime 'crime'. It already is. What he's doing is making it terrorism. People could be jailed for life for the electronic equivilent of graffitti.

      "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

      The irony is that he wants to fight assaults designed to change the purpose of government by changing laws in direct response to a terrorist attack.

      The long-term damage from the terror attacks will come from our leaders as they exploit public rage to slip new crap like this into federal law.

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    24. Re:Somebody has to say it, but... by dprust · · Score: 1

      And you, sir, should be banned from this discussion. Show some respect. Grow up.

    25. Re:Somebody has to say it, but... by pjbass · · Score: 1

      This is a fine line, obviously. But your one comment caught my attention:

      A kid proclaims his love by defacing a corporate web site -- is this just grounds for destroying him?

      Now again, this is getting into much grey area as to how you interpret the "value" of a corporate web site. Sure, from the average user, seeing a defaced website of a company can be kinda amusing. However, what does that say to that company's customers? Especially if they are a tech-savvy company? That their abilities of system/network administration are sub-standard? This may be the case, but for someone to openly exploit it is no worse (in my mind) of someone exploiting the area of human error in security systems to a corporate building. If someone broke into the corporate headquarters of Microsoft, for example, and painted a HUGE penguin on the outside of the building, and all over the inside (which would be kinda funny, for me), that person would be crucified.

      So my point is, yes, I think that is grounds for destroying him/her, BECAUSE there is a clear definition that doing that is wrong, and that in today's times, the Internet has become most business's livelyhoods. You destroy that area for the businesses, then what do they have left to stand on??

      (However, life in prison is a bit harsh. Maybe a good public flogging would set them straight... IMHO ;-P ).

    26. Re:Somebody has to say it, but... by kenneth_martens · · Score: 1

      Please remember, the life without parole is the maximum punishment, not the minimum. Only the most egregious offenders will get life without parole. Script kiddies will probably still get off with a slap on the wrist.

    27. Re:Somebody has to say it, but... by Yokaze · · Score: 1

      >If someone cracks into a big ass server and steals credit cards

      Well, I think the point lies in the little word "and".
      Discovering ways to bypassing security measurements is usually called hacking. The stealing of credit cards is called theft and has always been a crime.

      Maybe take a look at Hackers by Stephen Levy.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    28. Re:Somebody has to say it, but... by KingAzzy · · Score: 1

      Awhile ago at work I tried to figured out how to re-enable Windows NT file sharing (that was disabled by Network Ops). I didn't get anywhere so instead I installed an FTP daemon on my workstation so a coworker could get at a 250 meg file that I had that I was unable to get to him over the network (since the servers were fucked up that week). Network Ops found out and I was formally reprimanded for "Willfully attempting to circumvent corporate security" and that further acts "would not be tolerated".

      This was within the firewall and the corporate LAN and of course anyone with half a brain cell would realize that it was absurd to say I was "willfully attempting to circumvent baseline security" and my boss agreed but in big corps, that doesn't usually matter so the "reprimand" officially stuck.

      So, I suppose if their paranoia/ignorance was just a notch higher, I'd have been fired and prosecuted for "hacking" their network. Would I now be facing life inprisonment for my crimes?

      Scary.

      --

      --
      $ chown -R us:us yourbase

    29. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 1, Insightful

      Theft of credit card information is already a crime. Why in the hell do we need a new crime to cover the old offense? The US Code is already too fucking big and convoluted as it is.

    30. Re:Somebody has to say it, but... by b0r1s · · Score: 1

      yea, if i knew there was a life sentence for walking on the grass, i'd use the damn sidewalk, wouldnt you?

      i dont like the terms of the law, but i have no problem with the concept. slashdotters keep complaining about "script kiddies getting hand slapped" for viruses, and then they bitch when someone takes action to increase the punishment. it's pure, blatant, pathetic hypocrisy. if you dont want to go to jail, dont fuck with other people's systems. period. paragraph. end of story.

      --
      Mooniacs for iOS and Android
    31. Re:Somebody has to say it, but... by aozilla · · Score: 1

      How about growing marijuana?

      It's not illegal, and you certainly can't get life in jail for it, at least not in any state I know of.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    32. Re:Somebody has to say it, but... by TheAJofOZ · · Score: 2, Insightful
      why _shouldn't_ computer crime be crime?

      The problem here isn't so much that they're saying that computer crime is illegal - more that the punishment is ridiculously severe. When deciding on a punishment, you have to decide what the aim of punishment is and how best to achieve that aim. In this case however, the law makers seem to have the aim of getting votes and the best method is to be tough on terrorism of any kind. It pulls at the heart strings of the nation so of course it gets votes.

      Besides the political goals though, there are two main aims people have for utilising jail terms as punishment. The first is to remove the villian from society so that we can all forget about them and feel safe again - the death penalty is much more effective at achieving this aim so why not just use it? Some countries take this approach and it works, there is almost zero crime because people know if they commit a crime they are either executed or deported. The problem with this approach is twofold, firstly it expects everyone to lead a near perfect life and never make a mistake (think of how many teenagers commit once off offences to look cool and later learn from their mistakes and go on to be useful to society. The other problem is that eventually you punish the wrong guy and there's no way to set him free again.

      The other aim for imprisonment is to teach people a lesson so they can rejoin society and live happily with everyone else again. Countries such as the US and Australia (and many others) with long jail terms don't acheive this goal at all well. The revolving door prison system is well known - most offenders wind up committing more crimes and going back into the system. However, countries which use shorter jail terms tend to have much lower crime rates. Instead of being locked up for 20 years and becoming bitter against society, you spend one or two years in a correctional facility where you are taught skills to help you survive in the world, go through drug rehabilitation if needed and work with councellors to deal with a disturbed past that may be haunting you. After that you have a much better chance of coming back out into society and not only abiding by the law, but also contributing to the community. If you think the cost of this approach is just too great, think about the cost of keeping people in prison for those extra 18 years and you'll find it works out a lot cheaper. It is not a 100% effective measure, some people will recommit and you need to have ways to deal with that - either through different methods of punishment or by longer imprisonments. It does however give criminals a chance to learn from their errors and adopt new skills to remove the temptation to recommit. After all, isn't that what punishment is all about?

    33. Re:Somebody has to say it, but... by e40 · · Score: 1

      Dan White got about 4 years for killing two people (mayor of SF, George Moscone, and a supervisor, Harvey Milk).

      Tell me how cracking into someone's computer is 5 times worse than this?

      Even Dan White saw the stupidity of his sentence. He committed suicide shortly after he was paroled. OK, he might have done the (good) deed for some other reason. Perhaps it was the twinkies.

      When will people realize the obvious: the republicans are using this as an excuse to get their dreams come true. I'm always said (and now feel completely justified in saying it): if the republicans got everything they wanted, we would live in a facist state. WAKE UP PEOPLE.

    34. Re:Somebody has to say it, but... by FuryG3 · · Score: 1

      I agree, computer crime is a crime. If someone spraypainted on my house or office building, I'd want them to learn their lesson, but not life in jail without parole. Jesus.

    35. Re:Somebody has to say it, but... by G00F · · Score: 1

      The problem being when it it considered mine and when is it theirs.

      Like at work, if I mess with "my" system to make it more usabled, or if I buy software/hardware and mess with it so I can use it unrestricted on linux.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    36. Re:Somebody has to say it, but... by Anonymous+Coed · · Score: 1

      Are you kidding? Check your laws. In many areas, mere possession of (never mind "manufacturing") more than a certain (relatively large) amount of ganga can bring a life sentance, in many cases a "mandatory minimum." Never mind the "3 strikes" laws some states have. If you already have two offences, and you shoplift a donut, you can be put away for life.

    37. Re:Somebody has to say it, but... by 1010011010 · · Score: 2, Funny

      I suppose I could go to jail now over that stupid cuecat stuff.

      Sigh.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    38. Re:Somebody has to say it, but... by thogard · · Score: 1

      You don't know much about how the US courts have been handing down punishment lately have you? There is a big book that judges use and it offers ranges. If life is the max, 20 yrs may be the minium. But what do you expect for a police state with 5%+ of its current population in jail or on parole.

    39. Re:Somebody has to say it, but... by frank_adrian314159 · · Score: 2, Insightful
      Depends on the crime. Cracking a big DB of credit cards yes...


      Oddly enough, according to the bill the deciding determiner of whether the unlawful act is a terrorist act is whether or not it was done for financial gain. So hacking a DB of credit card info ISN'T a terrorist act, while snooping around because you want to learn something IS.


      I'm sure that violation of the DMCA will be covered under this act soon, as well...

      --
      That is all.
    40. Re:Somebody has to say it, but... by Dashslot · · Score: 1

      Deep shit, yes, but not life behind bars.

    41. Re:Somebody has to say it, but... by thogard · · Score: 1

      So what would you do if there was a life sentence for walking on the grass and you were paid to mow it? Thats more like what were talking about here. Having stack breaking tools is now likly to be illegal soon, so how can I test new code to make sure its not going to have its stack smashed?

    42. Re:Somebody has to say it, but... by Airneil · · Score: 1

      >> it's not like we have separate murder laws for guns vs knives...

      Except that in some jurisdictions, there ARE different murder laws for guns and knives.

    43. Re:Somebody has to say it, but... by digitalmonkey2k1 · · Score: 2, Interesting

      More importnantly i think there is an overlooked injustice. By merely providing informaion to a "hacker" it is covered under the same law, as if to make knowledge in its self illegal to know. What limits will they stop at, will siply consorting with a "hacker" be enough or will they try to argue the point of posting information freely being in direct violation. This all seems a bit too similar to the beginings of the Loft situation that happened, if they actually suceed this time it can go down hill fast. We are looking at the potential of wrongfull inprisonment of anyone posting security flaws! This may even bring more issues to the open source debate, they have already tried to claim it unsecure because everybody being able to se how everything is done, with ibm servers now running linux there could be very strong motions to have even that evaluated!

      --
      My sausage tree didn't grow, does that make me a bad mommy?
    44. Re:Somebody has to say it, but... by psychalgia · · Score: 1

      isnt there a double jeopardy law that prohibits somebody tried for a crime from being tried againg? As I see it the only ones to really worry here are the ones who HAVE done it and NOT gotten caught, or the ones still doing it. I do agree with you that current laws are rather prohibitive for killing people: this is only going to open doors for corporations to abuse the law, throwing people in jail for "stealing" their "IP." ( i use qoutes because corporations and intelligence really don't seem right together)

      This is all very frustrating.

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      ________________________________________________

    45. Re:Somebody has to say it, but... by dairypope · · Score: 1

      The saddest part about all of this is that what Ashcroft is saying, and you're now backing up, is:

      Money is as important as human lives.

      I mean, calling both losing money and losing 6,000+ human lives terrorism basically equates corporate dollars and people's lives. I dunno about anyone else, but that thoroughly disgusts me.

    46. Re:Somebody has to say it, but... by overunderunderdone · · Score: 2

      I'm not against bad things being a crime, but who gets to define what is a crime or not?

      Um, Legislators? That is the entire, whole, and only point of a legislator.

      Well (all in a huff) who decides who the legislators are? Well that would be all of us collectively. Some things that you think should be O.K. will sometimes be made illegal because the rest of the people don't agree with you that it is O.K. or don't care enough about it to change thier representation.

      On one side ($$) it's a crime of epic proportions, on the other side it's harmless fun, investigation, proving a point, whatever. This has been a problem since phreaking and probably far before....

      Cracking into someone elses computer system, intentionally writing a destructive virus, etc. are all crimes and they should be treated as such. I don't particullarly care if someone breaks into my house and goes through my papers for "harmless fun, investigation or to prove a point" I want them arrested - the same goes for someone who breaks into or intentionally damages my computer.

    47. Re:Somebody has to say it, but... by Anopheles · · Score: 1

      >here in the U.S. the punishment is supposed to fit the crime

      The punishment will fit the crime. Crackers deprive us of time and money, and shouldn't we punish them by taking the same away from them? How many years of work did the writers of Code Red and Nimda take away from the poor system administrators who were affected?

      >any other nonviolent, arguably victimless crime that carries no statute of limitations and can get you life in prison.

      What about treason? In some cases, treason can be victimless, but it'll still get you put to death if you're caught.

    48. Re:Somebody has to say it, but... by Foogle · · Score: 2
      Um, you were willfully circumventing their network security. Clearly file-sharing over the network had been disabled, yet you decided that you knew better than the Network policy-makers.

      Hey, maybe you did know better than them. But it doesn't change the facts, which are that you installed a program with the intention of getting around restrictions that were deliberately placed on the network.

      It's not hard to think of reasons why Network Admins wouldn't want FTP daemons running on systems connected to the network.

    49. Re:Somebody has to say it, but... by jesser · · Score: 1

      Better than that, what about ex post facto? I thought it was unconstitutional to pass a law making past actions illegal.

      --
      The shareholder is always right.
    50. Re:Somebody has to say it, but... by haruharaharu · · Score: 1

      yea, if i knew there was a life sentence for walking on the grass, i'd use the damn sidewalk, wouldnt you?

      If I were a criminal, shamelessly stomping around on your lawn and it had a life sentence attached, I'd just shoot you dead. That way, i've a good chance of getting out of prison above ground.

      --
      Reboot macht Frei.
    51. Re:Somebody has to say it, but... by unitron · · Score: 2
      If your co-worker had a legitimate need for the file why couldn't you call up the IT department, tell them the problem, and tell them to do their job and fix the problem?

      If they wanted to give you a song and dance about "the server's down, you'll just have to wait", tell them "here's a way around that", if they balk, go over their heads and tell whoever's got power over them that their incompetance is costing the company time and money.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    52. Re:Somebody has to say it, but... by haruharaharu · · Score: 1

      Looks like Jobs and Steve Wozniak may be facing jail time - they got their start building Blue boxes.

      --
      Reboot macht Frei.
    53. Re:Somebody has to say it, but... by linzeal · · Score: 1

      No offense to the victims of the WTC bombings but who the hell do you think worked at the WTC center, nonprofits? CAPITALISTS, all of this liberty taking, gun toting, we don't like your kind around here rhetoric and soon action is beacuse CAPITALISTS look out for other CAPITALISTS. If this was a bunch of non-profits losing people there would never of been a response like this.

    54. Re:Somebody has to say it, but... by ajax142 · · Score: 1

      Just thought I'd add that this was the plot behind a Star Trek: The Next Generation epiosode. The crew goes down to this purfect planet and Wesley acidentally runs into resticted grass and according to the laws he has to be killed. This can be applied to both the grass and computer idea, what happens if you accententally walk on the grass/break into the computer? Btw, in Star Trek Wesley isn't killed, damn I was really wishing he was

    55. Re:Somebody has to say it, but... by friscolr · · Score: 4, Interesting
      also consider Bush's recent comments concerning the New War on Terrorism:

      1. it will be a long war
      2. it will be a secretive war
      3. the U.S. government will not necessarily reveal evidence against the terrorists they uncover.
      4. the U.S. government expects all other governments to comply and assist with its anti-terrorist actions.
      now make hacking terrorism.
      now make assisting hacking terrorism.
      now make hacking crimes retroactively punishable.

      i've read bugtraq for years and have not informed the FBI about all the vulnerabilities released on that mailing list - will this make me negligent and punishable? will my punishment come in the form of an official court prosecution, or will special forces be sent in to take me out without ever letting anyone else know? if i move to Norway, will Norway allow the Navy SEALS to seize me?

      Beware, that unmarked white van may be coming for you.

      Yeah, sure, very paranoid to think that way, but consider history and consider how other police states have started their lives: will we be naive enough to let this one start as well?

    56. Re:Somebody has to say it, but... by dairypope · · Score: 1

      I do understand that, but the idea is that terrorism, real terrorism, takes people's lives. Cyberterrorism doesn't. You can recover from financial losses, you can't recover from death.

      See the difference?

    57. Re:Somebody has to say it, but... by spectecjr · · Score: 1

      The language has changed to fit the times. Sorry, but hacker doesn't mean 'cool computer guru' any more - it means someone who breaks into systems for malicious purposes.

      Get with the times. Sure, hacker is a nice term. But the language has changed.

      You don't expect a computer to be someone who sits and runs calculations through a mechanical calculator any more, do you? Just checking.

      I'm going home from work now. I'm going to get into my horseless carriage, and drive down the turnpike until I get home.

      --
      Coming soon - pyrogyra
    58. Re:Somebody has to say it, but... by Jester99 · · Score: 1

      Retroactively eliminating the statute of limitations

      Doesn't this violate the "no ex post facto laws" clause of the constitution? Expect the supreme court to junk this....

      -- Aaron Kimball

    59. Re:Somebody has to say it, but... by Genom · · Score: 2

      "you might be a terrorist"

      Sounds like a scary parody of the Jeff Foxworthy "...you might be a redneck" standup bit.

    60. Re:Somebody has to say it, but... by fishbowl · · Score: 2

      >When deciding on a punishment, you have to decide what >the aim of punishment is and how best to achieve that aim.

      The aim of any punishment in our current system
      is to increase the revenue of the Prison Industrial Complex.

      That's right, prisons are profitable, and the more people
      they lock up, the more profitable they are. And the whole
      time they can complain about how much it costs to incarcerate someone, without putting that costs side by
      side with how much money goes INTO the prison system.

      --
      -fb Everything not expressly forbidden is now mandatory.
    61. Re:Somebody has to say it, but... by jaywood · · Score: 1

      > According to this section, it doesn't have to
      > be a life sentence. I highly doubt that a
      > vandal will receive even a year, let alone
      > anything near a life sentence.

      With all due respect, I think you're missing the point. If Ashcroft and company don't INTEND to give these people life imprisonment, they don't need a law that allows them to.

      (Though, I suspect, if they didn't INTEND to do it, they wouldn't ASK for a law that allows them to).

    62. Re:Somebody has to say it, but... by blkros · · Score: 1

      Oh, I thought that was obvious.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    63. Re:Somebody has to say it, but... by sfe_software · · Score: 2

      As others have said, the punishment should fit the crime. If you walk into a bank and (this is probably a bad example) physically steal a box of credit cards, you most certainly would not get life in prison. But intoduce a computer into the mix, and suddenly you are an evil "hacker" deserving life in prison.

      Computer crime should be a crime; however, the punishment should be fair. You can kill someone and get potentially 20 years, sometimes less. Kill a man's credit rating, get life? (I wonder if temporary insanity would be a valid plea in computer crimes?)

      It seems that every time the internet is mentioned, everyone goes nuts. See the PGP story from earlier for a prime example. See all the other stories regarding encryption back doors etc.

      Regarding issues such as this, my opinion is that the "hacker" (or "cracker" to be more appropriate) should be *appropriately* punished, and the company who was broken into should be investigated. If it turns out the exploit could have been prevented (eg, a patch has been available, or poor security measures were used), they should be held liable as well. This will be especially important when Passport starts to become popular... if fear of a bad reputation doesn't push companies to establish solid security/privacy policies, maybe fear of legal action will.

      Software companies/service providers have been getting away with EULAs that allow them to be negligent, relieving them of any responsibility whatsoever. This will have to change. No other industry is run like this...

      --
      NGWave - Fast Sound Editor for Windows
    64. Re:Somebody has to say it, but... by dragons_flight · · Score: 2

      The part about giving advice only applies to advice given while knowing or intending that the knowledge be used to violate the law.

      The ATA advice clause appends Title 18, Sec 2339A to include expert advice and training as criminally punishable aid and federal terrorism offenses as crimes applicable to this section.

      Also the law only applies to relatively major crimes (with perhaps a couple provisos), for a discussion see my earlier post.

    65. Re:Somebody has to say it, but... by governorx · · Score: 1

      Hackers and crackers are criminals, but they arent necessarily terrorists. I think then all americans who want there own freedom taken away are outright uneducated stupid pieces of... People forget why they moved to the states.. Liberty, Prosperity?... Freedom? I guess freedom isnt important anymore, lets go back to our totlitarian ways so that the USofA can become the new USSR.

    66. Re:Somebody has to say it, but... by linzeal · · Score: 1

      Indeed I do but we are feeling the aftereffects of the wtc bombing not nimba.

    67. Re:Somebody has to say it, but... by konmaskisin · · Score: 1
      The irony is that he wants to fight assaults designed to change the purpose of government by changing laws in direct response to a terrorist attack.

      Irony for *us* because we are aware, sentient, intelligent. Ashcroft is a worrisome example of the idiocy that rules in high places in almost every sphere of endeavor. Sometimes I wonder if it actually *helps* to be inordinately stupid in order to succeed today. And before it happens let me BEG people to please not give Bill Gates as an example of a smart person who succeeded. It hurts my brain to hear that kind of thing.

    68. Re:Somebody has to say it, but... by dragons_flight · · Score: 2

      The ATA would allow life imprisonment as a possible punishment for some computer crimes, that doesn't mean it automatically gets applied. All other remedies still remain possible. In fact courts have a history of reducing punishments that are unduly harsh.

      For a description of what those crimes actually are (as opposed to the article's FUD) see my earlier post.

    69. Re:Somebody has to say it, but... by Squeeze+Truck · · Score: 2

      now make hacking crimes retroactively punishable.

      Isn't congress forbidden under the constitution to pass ex-post-facto legislation?

      --

      "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

    70. Re:Somebody has to say it, but... by TeraCo · · Score: 1
      Say someone hax0rs an air traffic control system, do they deserve life imprisonment?

      [I think so].

      There are plenty of situations where hacking DOES deserve a life sentence. Or even a death sentence. [Say 20 or 30 planes drop out of the sky as a result.]

      --
      Not Meta-modding due to apathy.
    71. Re:Somebody has to say it, but... by naasking · · Score: 1

      Yes. Is there a good reason not to have that way?

    72. Re:Somebody has to say it, but... by fishbowl · · Score: 3, Insightful


      > Say someone hax0rs an air traffic
      > control system, do they deserve life
      > imprisonment?

      Yes, they do. For attempted murder, not for
      computer crime. They should be tried and executed
      or imprisoned for the crime, not for the means.

      If we raise the computer crime to the level of a
      capital offense, we DIMINISH the meaning of the
      capital offenses we already have.

      --
      -fb Everything not expressly forbidden is now mandatory.
    73. Re:Somebody has to say it, but... by TeraCo · · Score: 1
      Perhaps this law isn't so much to protect credit card information, but to protect the IS systems which the world relies on.

      ie: Air Traffic Control systems, the control systems for various kinds of power plants, anything military [especially important during the coming war].

      Now a lot of you may say that these things are off line and will not be 'hacked', BUT, they are just as broken if you manage to sneak into the installation with a copy of INSTAKILL-9000 on disc.

      --
      Not Meta-modding due to apathy.
    74. Re:Somebody has to say it, but... by TeraCo · · Score: 1
      What a load of crap, that's like saying if you drive an expensive car into a bad neighbourhood you deserve to have it stolen.

      Certainly it was a stupid thing to do, but by no means do you deserve to have your car stolen.

      Just another kid grown up on IRC, skripting and warez I guess.

      --
      Not Meta-modding due to apathy.
    75. Re:Somebody has to say it, but... by TeraCo · · Score: 1

      How about a power plant? Or a military system? There are plenty of 'targets' for terrorist hackers that won't have cilivian casualties, but will still cause 'grave damage' to national interests.

      --
      Not Meta-modding due to apathy.
    76. Re:Somebody has to say it, but... by Frank+T.+Lofaro+Jr. · · Score: 2

      Couldn't that be considered treason? That is punishable by DEATH (or life or any term of years).

      --
      Just because it CAN be done, doesn't mean it should!
    77. Re:Somebody has to say it, but... by Velox_SwiftFox · · Score: 2
      "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

      My brain is an organic computer.

      Where do I file charges against John Ashcroft for assaulting my intelligence?

    78. Re:Somebody has to say it, but... by kilgore_47 · · Score: 2

      good argument, but the bill in question is specific about electronic devices.

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    79. Re:Somebody has to say it, but... by Wansu · · Score: 2

      And projects like mozilla.org that have sections on "hacking the code" will become villified for contributing to terrorism. Welcome to the witch-hunts; i'm finding a new line of fucking work.

      Yep, it looks as though the bean counters, bureaucrats and politicians have finally gotten a hold on the internet and technology. That's a sign that it has matured. It's less fun, less of a frontier and more of an institution. The people pushing this are fearful of change and of uncertainty. They seek to eliminate both at their source. In the short term, that will boost corporate profits. In the long run it will stifle innovation. It's a cheap shot to use the WTC attack as a justification for doing this.

      --
      Wansu, th' chinese sailor
    80. Re:Somebody has to say it, but... by IronChef · · Score: 3, Insightful

      ...until some other crime is committed, there was no victim of simply stealing the numbers.

      And if I drive home drunk and get away with it, what's the harm?

    81. Re:Somebody has to say it, but... by Velox_SwiftFox · · Score: 2
      Interesting point. So it's still legal to break into any optical computer that may be developed, evidently.

      Seriously, "assault" is an absurd concept to apply to a machine. Vandalism, certainly.

    82. Re:Somebody has to say it, but... by Dashslot · · Score: 1

      The "poor system administrators" were indeed very poor system administrators if they were bitten by code red/nimda. That fact is no hours were taken away from them because they were doing their jobs of patching and maintaining servers, whether before they were hit or afterwards.

      And what can be treasonous and victimless at the same time?

    83. Re:Somebody has to say it, but... by biglig2 · · Score: 4, Insightful

      I read an interesting statistic the other day, in the UK there's about £270,000,000 of credit-card fraud a year, of which only £7,000,000 happens without someone physically presenting a card in a shop - i.e. that 7 mil includes not just all the internet fraud but all the stuff on the telephone as well.

      Of course this is all well known. Best way to hack into a network? Get a job there as a Janitor and find a computer that wasn't logged out of.

      Anyhow, criminal Laws can be divided into two categories, I've always though:
      Laws that prohibit things that are bad.
      Laws that might make it easier to enforce the former laws.

      So, killing people is bad, so it's illegal.
      Owning a gun isn't bad, but making that illegal is believed to make it easier to enforce the killing people law.

      Copyright theft is bad. Being able to back-up an acrobat document isn't bad, and in Russia is actually a right, but DCMA is supposed ot mkae it easier to enforce the "no stealing copyright materials" law.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    84. Re:Somebody has to say it, but... by DarenN · · Score: 1

      Isn't that the whole point?

      The more comvoluted the laws, the more lawyers can charge. Most politicians were at some stage involved in the law business....

      I think it makes ppl lose their sense of perspective.

      --
      Rational thought is the only true freedom
    85. Re:Somebody has to say it, but... by Rogerborg · · Score: 2
      • The ATA would allow life imprisonment as a possible punishment for some computer crimes, that doesn't mean it automatically gets applied

      Sure, and while we're at it, let's do away with all those confusing "assault", "aggravated assault", "manslaughter" and "murder" distinctions, and just have one charge of "violence" with a maximum sentence of life. After all, it's far too hard for elected legislators to have to deal with these issues. Far better to leave it to unelected judges who don't have to whore for votes every four years.

      --
      If you were blocking sigs, you wouldn't have to read this.
    86. Re:Somebody has to say it, but... by Dr.+Nonsense · · Score: 1

      Can you please provide a reference for this quote?

      "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

      Thanks!

      My favorite Ashcroft quote?

      "There is perhaps nothing quite as distressing as the unintended consequences of well-intentioned government," Ashcroft..on what he's doing now?

    87. Re:Somebody has to say it, but... by NullAndVoid · · Score: 1

      If a company's reputation for technical competence is so valuable, maybe they ought to exercise that technical competence to make their web site more difficult to deface. Personally, I think the law already puts way way too much value on things like corporate image, and not nearly enough on human beings. Corporations should not be more important than people.

      --


      -- Sigs are for losers
    88. Re:Somebody has to say it, but... by SnapShot · · Score: 2

      So, unfortunately, I guess that spamming is not going to be considered a terrorist act since it is done for financial gain? Damn, Ashcroft could have actually accomplished something useful here.

      On a more serious note, I'm really worried about that first high school student who installs SETI@Home in the school computer lab who spends the rest of his life in jail because some clueless school administrator thinks that qualifies as "hacking".

      --
      Waltz, nymph, for quick jigs vex Bud.
    89. Re:Somebody has to say it, but... by pmz · · Score: 1
      The U.S. has an unbalanced policy towards drugs. Why not have the same attitude towards computers?

      What is and is not illegal is largely derived from politicians and special interest groups trying to steer our country to their liking. Those things that are unambiguous, such as murder or theft, probably account for a small minority of all laws. A good example is the U.S. tax code. Nothing that convoluted and nauseating would have come from hard rational thinking. The same applies to whatever policy is set towards computers. It's all politics.

      Unfortunately, whatever they come up with will make it harder for me to do good (compliant) engineering. I wonder when I will have to be licensed to write software. I will have to go stand in line at the DMV, get a background check, and wait three days before I can write any code. All of my software will be subject to government audits and the only compilers will be available through the Office of Computing Control. If this happens, I think I will become a monk somewhere to escape the madness.

    90. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      That is an excellent example of a victimless "crime" that numerous goodhearted American people are rotting in jail for right now.

      I am not even going to go there as your definition of goodhearted and mine will vary. It's a good example of people who broke a law because they wanted to get toasted...very little else. (The occasional "medical" case...) So many pro drug people make them sound like victim saints, and they occasionally need a reality check. I broke the law...I was prosecuted...I am a victim....right. It's not a hard law not to break folks...it's not like jaywalking or something. If you need it so bad that you can't wait until a legalization effort reaches a conclusion, and risk so much, then you've already made their point that you have a problem.

      Ashcroft's new proposals, though, go far beyond making computer-crime 'crime'. It already is. What he's doing is making it terrorism. People could be jailed for life for the electronic equivilent of graffitti.

      Well...as a maximum sentence they could get life from what I read. If the sentence doesn't fit the crime, it's generally appealed.....

      The long-term damage from the terror attacks will come from our leaders as they exploit public rage to slip new crap like this into federal law.

      Have a little faith here. If the government hurts the people, their rage will shift to the government. They aren't stupid docile animals...I think they are proving that judging by how much they want to go after the terrorists.

    91. Re:Somebody has to say it, but... by frknfrk · · Score: 2
      I think I will become a monk somewhere

      as long as you are talking about becoming a perl monk, that's cool :)

      -sam
      --
      The REAL sam_at_caveman_dot_org is user ID 13833.
    92. Re:Somebody has to say it, but... by Anonymous Coward · · Score: 1, Interesting

      Give me a break. We're not just talking Credit Card theft. We're talking about countless hours of lost time because of some script beating my firewall to death because I'm on a cable modem. I've had days where I logged more than 700 hits, excluding good ol' AT&T. This is NOT a victimless crime.
      My company, a defense industry manufacturer, lost an entire month's wort of business because of Code Red and changes to various systems that required us to change our IP and implement new procedures. We were NOT infected but were measurably Affected.
      Jeremy

    93. Re:Somebody has to say it, but... by z3r0byt3 · · Score: 1

      That's right, prisons are profitable, and the more people they lock up, the more profitable they are.

      I don't buy for one second that punishments are geared toward making money for the prison system. The idea of members of the DoJ sitting around, brainstorming new crime classifications to net them more money is ridiculous. Where is the government going to get this extra money to pay for each new inmate's care? Maybe you'd care to "put the costs side-by-side" for me?

    94. Re:Somebody has to say it, but... by aozilla · · Score: 2

      All it takes to show "intent to distribute" is whatever the agents/judge think is more than one person can consume...

      What is your argument here, that someone who doesn't have intent to distribute will be considered by a judge to have it? Show me one single case of an individual who spent a single day in jail over federal drug charges without distributing those drugs. Let alone life.

      I don't agree with this nation's drugs laws, but they're simply not used to infringe upon your right to cultivate and consume cannibus in the privacy of your home without interference from the federal government. The constitution is cut and dry on this issue, the federal government does not have jurisdiction.

      Further, I doubt there was ever a case where an individual spent life in prison based on state law for the private home cultivation and consumption of cannibus. Sure, it's technically illegal in some states, but so is doing 56 miles per hour in a 55 mile per hour zone. Hell, you could go to jail for failure to pay use tax on your internet purchases. Doesn't mean anyone ever has, or ever will.

      I fully support repealing all drug laws on all levels of government. In fact, if I happened to live in one of those states which had jail time for personal home cultivation and consumption I'd be working on its repeal. But anyone who tries to tell you that you could spend life in federal prison over the private cultivation is simply pushing an agenda which I support through lies which I don't support.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    95. Re:Somebody has to say it, but... by kilgore_47 · · Score: 2

      ...It's a good example of people who broke a law because they wanted to get toasted...very little else. (The occasional "medical" case...) So many pro drug people make them sound like victim saints, and they occasionally need a reality check. I broke the law...I was prosecuted...I am a victim....right. It's not a hard law not to break folks...it's not like jaywalking or something. If you need it so bad that you can't wait until a legalization effort reaches a conclusion, and risk so much, then you've already made their point that you have a problem.

      Why shouldn't people "get toasted"? Hows it hurting anyone else? It's a bad law! It was written in a different time (for different reasons, too, if you want to go into those...) and should be changed. Why should my tax dollars pay for thousands (probably millions) of people to be jailed for something I don't see as a crime? These people are in jail because they got caught doing something I do on a regular basis. Pot is less harmfull to your health than liquor, and doesn't lead to domestic violence. It leads to sitting around grinning. Whats the harm in that? You tell me why I shouldn't be allowed a bongrip after a long day a work! Now onto your next insight...

      If the government hurts the people, their rage will shift to the government. They aren't stupid docile animals

      Sadly, many people are stupid docile animals. You, for example, sugest that people who enjoy pot should "wait until a legalization effort reaches a conclusion". People accross america with that same mindset will happily bend over when GWB asks them to "sacrifice a little freedom". And you'll probably respond to this post and tell me marijuna is bad because "its the law". Are you sure people aren't stupid docile animals?

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    96. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      Why shouldn't people "get toasted"? Hows it hurting anyone else? It's a bad law!

      I never said it was a GOOD law...please...quote where I said that? Don't get overdefensive there...go have a "bongrip" and calm down. I am not going to defend things I didn't say.

      Pot is less harmfull to your health than liquor, and doesn't lead to domestic violence.

      Actually...MODERATE liquor consumption lengthens the lifespan on average. There have been quite a few studies done on wine drinkers. Alcohol ABUSE however, is a much different beast.

      As for your continued rant:

      Sadly, many people are stupid docile animals. You, for example, sugest that people who enjoy pot should "wait until a legalization effort reaches a conclusion". People accross america with that same mindset will happily bend over when GWB asks them to "sacrifice a little freedom". And you'll probably respond to this post and tell me marijuna is bad because "its the law". Are you sure people aren't stupid docile animals?

      I am kinda puzzled as to why you are still on the pot issue, as my second and third statements had exactly nothing to do with it. For that matter, I am not going to tell you that marijuana is bad because its the law. Stop generalizing me to make this easier on yourself. It's rather ignorant. My own views on it are definitely not what you would find favorable, but I can debate that subject with more arguments than just saying that it's against the law. I'd have the same feelings about it, legal or not. That is a much larger debate however, and going WAY out of the scope of the original arguments. I am also pretty far from being docile myself...again...do you somehow think you know me? I don't have the fucking time to defend views I don't have here....

      Well...my take on it, is that there is a RIGHT way to approach a problem, and a wrong way. The wrong way to approaching the drug debate is by just doing them all over the place anyway, and then crying "victim" when you get caught. Actually..."sitting around grinning" seems to be a pretty docile approach...

    97. Re:Somebody has to say it, but... by arkanes · · Score: 1

      I'm afraid I can't quote you case numbers or anything, but I personally know people who've been busted for growing marijuana that never intended to sell it, use it only within the privacy of thier homes. Intent to distribute can be determined through a bunch of legal means, and you don't actually have to "prove" it in a manner that a normal person would think. For example, the person I know had it seperated into several bags (stored in freezer bags, for convenience) and that was considered proof of intent. Obviously, what they were doing was illegal and whether or not it should have been is a different issue. However, the punishment for drug offences, particulalry non-narcotics like marijuana, FAR outweighs that damage to society, just as with computer crimes. And likewise, with certain punishments and clauses hardcoded into the law, it becomes easy to find someone guilty of a major crime when all they actually commited was a minor one.

    98. Re:Somebody has to say it, but... by kilgore_47 · · Score: 2

      I never said it was a GOOD law...please...quote where I said that? Don't get overdefensive there...go have a "bongrip" and calm down. I am not going to defend things I didn't say.

      No, you didn't say it was a good law. But you critsized people for breaking that law, and sugested they stop. This could either mean you (a) agree with the law, or (b) think people should be docile and do what they are told even if the law sucks.

      I am kinda puzzled as to why you are still on the pot issue, as my second and third statements had exactly nothing to do with it.
      Because it is an excellent example of citizens being docile in regard to losing their liberties, and that has very much to do with your comments.

      My own views on it are definitely not what you would find favorable, but I can debate that subject with more arguments than just saying that it's against the law.
      You say you can but you don't. The only solid argument you can make on the pot issue is "its the law". You mock people who are prosecuted under this law (" I broke the law...I was prosecuted...I am a victim....right.") but you can't give a good reason the law exists in the first place! Make your argument. I want to hear it!

      Well...my take on it, is that there is a RIGHT way to approach a problem, and a wrong way. The wrong way to approaching the drug debate is by just doing them all over the place anyway, and then crying "victim" when you get caught. Actually..."sitting around grinning" seems to be a pretty docile approach...

      I agree those who smoke "all over the place" are taking unneeded risks. I smoke in the comfort of my home. But people should be able to sit down in the park and have a puff! What happened to the pursuit of happiness?

      Pot is ilegal for a number of reasons, but one of the biggest is taxation. If pot was legal, people could grow it all over the place (it's not called 'weed' for nothing!). Liquor and Tobacco can't be so eaisily produced, so most consumers purchase those items through traditional means. As such, they pay taxes on it! Pot is so easy to grow, it would be much harder to tax.

      This is another law that is to the advantage of government, not the people being governed.

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    99. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      No, you didn't say it was a good law. But you critsized people for breaking that law, and sugested they stop. This could either mean you (a) agree with the law, or (b) think people should be docile and do what they are told even if the law sucks.

      No...I critisized people who break the law and cried "victim". If you break the law...your broke the law. You DO have the freedom to work to change laws you disagree with however, which is a pretty far cry from "docile".

      You say you can but you don't. The only solid argument you can make on the pot issue is "its the law". You mock people who are prosecuted under this law (" I broke the law...I was prosecuted...I am a victim....right.") but you can't give a good reason the law exists in the first place! Make your argument. I want to hear it!

      Ooooooh boy. Do you realize how long of an argument we'd be getting into if we started debating that here? Look...I am going to give you some links to some arguments I agree with a great deal. We are starting to get completely off topic here due to this debate...however you are trying to manuever me into a position here where my total silence would practically equal my being wrong.

      On K5, someone made a VERY good argument/thread that probably makes just about every point I care to. Read the posts made under the name "kitten". His argument is pretty close to mine (and probably better stated actually)...and frankly, I don't have the time to type 20 pages here to illustrate the point that I have a slightly more complex argument than "it's against the law". If you want to debate it further with me personally, then so be it...I am not going to run from the issue...however I am at work at the moment and not going to get from here. Things still have to get done here today as I'd like to stay employed.

      I am not even going to bother responding to the rest of your post...but I would like to say that I think alot of people need to broaden their horizons as to forms of happiness they can persue. Too many people are hung up on a few things they are told they can't do, rather than the millions of things they can.

    100. Re:Somebody has to say it, but... by psychalgia · · Score: 1

      yes, I do think I remember that too, I think you're absolutely right. Though I don't know if its "better" that double jeopardy...its in the same scope of the issues.

      --

      ________________________________________________

    101. Re:Somebody has to say it, but... by glumchum · · Score: 1

      Actually, the person who thinks it's a good idea to connect Air Traffic Control systems to the internet is who should get life in prison.

    102. Re:Somebody has to say it, but... by kilgore_47 · · Score: 1

      I read the comments you linked to.

      I'd recomend you re-read DJBongHit's post as it directly relfects my views.

      Kitten's arguments are almost silly. Kitten repeatedly compares drug use to rape, refers to "frying your brainwaves", and maintains that drug users who lead successfull lives are "rare anomalies".

      Well, listen to this: Most of the people I know are habitual pot smokers. We all hold steady jobs, support ourselves, and have enough money left over to buy (...). We're all active, productive, generally happy memebers of society. I realize a lot of people in the ghetto are using a lot of ghetto drugs, but to follow on kitten's line of reasoning, for every loser who happens to use drugs I can show you 10 more losers who don't.

      Someone on k5 was ranting about how drugs break up families and ruin lives... Pot alone sure doesn't. But the "War on Drugs" and resulting jailtime for pot-smokers has probably ruined far more lives and broken up far more families than all the hard drugs combined ever could. More than half of the people in american prisons are there for drug charges! I'm sure their kids would rather have a pot-smoking father than no father at all.

      Have you considered that almost everyone who is strongly anti-pot has never tried it? How do these people have the right to restrict others from doing something when they have no experince with it?
      (please don't respond with one of those silly comparisons about murder, rape, etc and not needing experience to outlaw those. read my lips: this isn't rape or murder, it's people smoking a plant!.)

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    103. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      Yes...and "DJBongHit" has a rather colorful analysis as well, with comparing stoners to homosexuals. Sure...both arguments have some bad points.

      Well...listen to this: Most of the people I know really dislike the whole pot thing. They are on average, very successful and college educated people with decent careers and families. Hey...we are pretty happy people too. It's amazing. Some HAVE even tried it...for the most part they didn't think very highly of it. (pun intended)

      Also...we are dealing with a finite number of losers here. You can't both honestly expect to make that argument.

      But the "War on Drugs" and resulting jailtime for pot-smokers has probably ruined far more lives and broken up far more families than all the hard drugs combined ever could.

      The potheads knew the penalties of getting caught. They did it anyways. They have THEMSELVES to blame - no less than the government and laws - for their childs lack of a father. They did not have to do what they did. They very knowingly broke a law that they knew could result in that...it's a pretty difficult law break just by accident...no one held a gun to their heads. And would you please accept the fact that I am not saying the government/laws are even right? I am stating it the way it is. Again...they are the victims of themselves...and I feel NO moral obligation to pity them.

      Have you considered that almost everyone who is strongly anti-pot has never tried it? How do these people have the right to restrict others from doing something when they have no experince with it?

      Have you considered that almost everyone who is strongly anti-[insert most currently illegal activities] has never tried it? How do these people have the right to restrict others from doing something when they have no experince with it?

      It works the same for any argument...and it's as weak of an argument as it sounds when I say it back. And again...why are you telling me this? Are you implying that you know things about ME again? You have no idea about me whatsoever aside from what I have told you here...anything else is you trying to lump me into a stereotype that you might find I won't readily fit.

    104. Re:Somebody has to say it, but... by TeraCo · · Score: 1

      I don't know if it could be considered treason if it was a foreign national doing it. Although I am equating treason to betrayal by an American Citizen.

      --
      Not Meta-modding due to apathy.
    105. Re:Somebody has to say it, but... by kilgore_47 · · Score: 1

      Yes...and "DJBongHit" has a rather colorful analysis as well, with comparing stoners to homosexuals. Sure...both arguments have some bad points.
      The difference is that DJBongHit's comparison is between two groups who are unfairly discriminated against (drug users and homosexuals), and kitten's comparison is between rape (a crime with a perp and a victim) and smoking pot (a victimless crime).

      Well...listen to this: Most of the people I know really dislike the whole pot thing. They are on average, very successful and college educated people with decent careers and families. Hey...we are pretty happy people too. It's amazing. Some HAVE even tried it...for the most part they didn't think very highly of it. (pun intended)
      OK, I respect that. I'm not sugesting they all take up habitual pot use. I just think they (+you) should respect the other point of view (the pot-is-good point of view).

      Also...we are dealing with a finite number of losers here. You can't both honestly expect to make that argument.
      You are correct. I do not, in fact, agree with the ratios kitten mentioned. I was simply using a simmilar argument and turning it around. Actual figures of the successfull drug user vs. unsuccessfull drug user (and both the same for non-drug users) probably vary greatly from both of our figures.

      Have you considered that almost everyone who is strongly anti-[insert most currently illegal activities] has never tried it? How do these people have the right to restrict others from doing something when they have no experince with it?
      Maybe you missed when I said "(please don't respond with one of those silly comparisons about murder, rape, etc and not needing experience to outlaw those. read my lips: this isn't rape or murder, it's people smoking a plant!.)" because you just used that exact (flawed) point. Give an example of an ilegal activity that can be outlawed fairly without trying it. *but wait!* If there is a victim it is a poor comparison, as there is no victim in the crime of smoking pot.

      Pot isn't hurting anyone!
      How does pot being ilegal help our country?

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    106. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      Ooook. Time is short, so here's the brief and orderly response:

      1.) I never said I agreed with every argument made by any poster there. Also, BOTH examples are very bad. Homosexuality which may or may not have a genetic component might be genetic where as drug use is a choice. If your damned by reputation based on your actions, it's very different from being damned by your genetics.

      2.) I wish more "users" would be more respectful of the other side too. The problem is, is that the majority of them aren't so good there either.

      3.) Hey...any argument I make isn't going to be good because none of them are relavent. If I kept a nuclear bomb in my basement, there are no victims really. Ownership of anything illegal is victimless...well...except for slaves and the such anyways.

      4.) How does being stoned help our country? And for that matter how would it's legality help me. A small tax savings is about the only thing I can think of...and that's a drop in the bucket at best...and as I explained before, I haven't exactly got alot of pity for them.

    107. Re:Somebody has to say it, but... by kilgore_47 · · Score: 1

      2.) Well, being on my side I guess I can't know for sure, but I doubt people try and get you to do drugs as often as I hear people saying how they are a problem.

      3.) You're right. The nuke argument is no good, because even in your basement the nuke is a weapon designed for one purpose - killing thousands of people in an instant. What it comes down to for me: things that are killing people are bad while things that are making people happy and stopping violence (more on that in a sec...) are good.

      4.) First off, activities shouldn't have to directly benefit the country to be legal. However, I do think that increased pot smoking would be of great benefit to the country. Really!

      Imagine if all the wife-beating achoholic shitheads who go on drinking binges and do stupid violent things were smoking pot instead. Would domestic violence drop? You betcha. Simply put, people don't often do violent things when they're high. America is already using drugs to cope; why not use a safe drug like pot instead of a dangerous drug like Alchohol? (yes, some people simply prefer alchohol - whatever floats your boat; i'm not gonna tell you what you should be allowed to do)

      You ask how legalization would benefit you. Well, you currently live in a country that has thousands of people serving long prison sentences for inhaling smoke from the 'wrong' plant, so you could just look at it from a moral point of view. From a financial standpoint, you are paying not only to support these people but also for the "war on drugs"*** that got them in prison in the first place. And, lastly, because having a bunch of people not get stoned doesn't benefit you and there is no reason they shouldn't (yes, I know, no reason except the law).

      (*** note: does it seem to anyone besides me like a "war on drugs" has about as much chance of success as a "war on evil"?)

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    108. Re:Somebody has to say it, but... by TheCaptain · · Score: 1

      1.) Nuke...yes...bad example as stated. But owning anything illegal at all is victimless. Hell...pot's "designed purpose" isn't for being burned and dragged through your lungs. That's just your purpose for it.

      2.) Imagine if all the wife-beating achoholic shitheads who go on drinking binges and do stupid violent things were smoking pot instead.
      Alcoholics are alcoholics, whether they smoke ANYTHING or not. That's not a good argument either.

      3.) However, I do think that increased pot smoking would be of great benefit to the country. Really!
      Yes...in flawed situations as described above I suppose it would. Aside from that, your just stinking up your current location and not being the best to your lungs, and quite possibly annoying anyone around you who isn't all that fond of smoke in general. The country would be a better place if people addressed the reasons why they feel the need to cope, rather than trying to find the best way to cope. If your best interest really was what is best for the country, that would be a little higher on the priority list, so that argument stands are pretty lame. For most users, thier interest is their percieved need, and little else...

      4.) Would you stop advocating to me already? This thread has been dragging on and on...and because I wrote ONE paragraph that disagreed with a point you tried to make on pot. You've completely ignored everything else I said originally there to attack this one thing. Seriously...as much as I like a good thought provoking conversation, it's overzealous as hell. I DID say other things about other subjects you know....

    109. Re:Somebody has to say it, but... by DavidTC · · Score: 1

      I think murder does have a statue of limitatons, at least in some places.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    110. Re:Somebody has to say it, but... by DavidTC · · Score: 1
      However, what does that say to that company's customers? Especially if they are a tech-savvy company? That their abilities of system/network administration are sub-standard?

      So...you think people shouldn't know the truth? It's like with libel, it's not a crime if the information you give about someone is true. A company couldn't sue someone for breaking in and making them look bad, because they should look bad.

      Not that it should be legal or anything, but a company that gets broken into deserves to have a reputation for not being secure...as they aren't.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    111. Re:Somebody has to say it, but... by TeraCo · · Score: 1
      It doesn't have to be connected to the internet to be 'hacked'. Take one elaborately crafted computer virus. [I dare say it would have to be tailor made for the system.] Pay a staff member, or sneak in yourself and 'install' it.

      --
      Not Meta-modding due to apathy.
  2. There's too many of us by Water+Paradox · · Score: 2, Informative

    There are just way too many of us out here.

    Put us all in prison, and prisons will be freer than out here.

    The true hacker is absolutely, completely, devoted to freedom.

    -wp

    --
    information is immaterial
    1. Re:There's too many of us by benedict · · Score: 2

      There are far more drug sellers and users than there are security geeks, but Federal and state governments have no problem with the idea of putting them all in prison. So I wouldn't be so cocky.

      (Though security geeks are likely richer and whiter than drug offenders, on average, which will help.)

      --
      Ben "You have your mind on computers, it seems."
  3. oh, crap... by hugg · · Score: 4, Funny

    Damn, we /.'ed the securityfocus server... that's a DOS attack, isn't it?

    Quick, smash your DSL modems, clear your logs, and run for the hills before the Feds arrive!

    1. Re:oh, crap... by camusflage · · Score: 2

      Thank god they're doing something about these hackers. I think I'm going to have to turn over my IDS logs to the FBI and get them to start locking up all the people probing me to infect with Code Red.

      I wonder... Has anyone actually done that? They exhibited only tepid interest in clear child pornography when I tried to report it to them. If people are trying to hack my system, the FBI knows about it, and they do nothing, is there any recourse? I have to have thousands of individual hosts, all dutifully logged and timestamped. These are clearly hack attempts on my system. Why is this any different than some script kiddie "terrorist"?

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
    2. Re:oh, crap... by Sleuth · · Score: 1

      At least in PA, USA there are a few State Police handling computer crime. Child porno is one of the things they will actually go after. Maybe forward that info to your state police.

    3. Re:oh, crap... by mrseth · · Score: 1

      Better yet, maybe Bill Gates should be prosecuted for releasing his IIS and LookOut! DDoS tools. I think those two are the worst ones ever conceived.

    4. Re:oh, crap... by Mignon · · Score: 2

      Someone addressed this general issue recently and to summarize - the FBI's response is in proportion to financial damage done. I would imagine that would be expanded to number of lives lost at this point.

    5. Re:oh, crap... by Art+Tatum · · Score: 1
      Why is this any different than some script kiddie "terrorist"?

      I suspect that you already know the answer, which is why you asked the question. I'll oblige with the answer: because you and your lost time and resources are insignificant to the government. Only the resources of corporations that influence the economy are significant. It's not entirely unreasonable from a purely objective and pragmatic standpoint, of course, but it demonstrates how far our government has come from simply keeping law and order. And it demonstrates how seriously they believe that "the business of government is business."

    6. Re:oh, crap... by cezar77 · · Score: 1

      Thank god they're doing something about these hackers. I think I'm going to have to turn over my IDS logs to the FBI and get them to start locking up all the people probing me to infect with Code Red.

      He he... i will send mine also... in that way we can keep the FBI busy... and other terrorist idiots can hit the US again... That stupid law is just making FBI unusable for what it was designed for...

      PS: I'm not an US citizen nor do i live in US... but this new law sucks... i hope it will not pass.

      Immortality is not the answer... is a way of living

    7. Re:oh, crap... by camusflage · · Score: 2

      I suspect that you already know the answer,

      You're right, I already know they'll tell me to fsck off.

      but it demonstrates how far our government has come from simply keeping law and order.

      It also forms a reasonable defense, both de jure and de facto, as any hacking prosecution can be considered selective prosecution. If I report hacking attempts, ones which carry a life sentence (I order from ThinkGeek, ergo my pc is involved in interstate commerce), and my complaints aren't even investigated while they zealously go after someone who 0wN's someone's boxen, how can this not be considered selective prosecution?

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
    8. Re:oh, crap... by Art+Tatum · · Score: 1
      The huge corporations domination of the government

      Well, sort of. Actually, it seems to be less "domination" than it is "free love." Or rather, corporatism. Sadly, many of those who claim to be on my side (Conservatives) seem to be steeped in corporatism far more than they are in Constitutionalism. Perhaps not so strangely, many of these people seem to be businessmen.

  4. script kiddies beware! by NeoTomba · · Score: 1

    Finally, script kiddies will get what they deserve... life imprisonment!

    Wait, this wouldn't be targeting "real" hackers, now would it? Uh oh...

    -NeoTomba

  5. Umm, Thats not right... by 11thangel · · Score: 4, Interesting

    Providing advice to a Hacker == criminal offense? Doesn't legal counsel count as advice? Isn't that protected under the 5th ammendment?

    --

    I am !amused.
    1. Re:Umm, Thats not right... by EnderWiggnz · · Score: 2

      the bigger problem here, is ... whats advice?

      teaching someone how to disassemble a program?

      teaching assembly language?

      using a non-MS product?

      --
      ... hi bingo ...
    2. Re:Umm, Thats not right... by Dexx · · Score: 1

      Would that make the vulnerability databases like the one at SecurityFocus illegal? Bugtraq?

      --
      Feel the fear and do it anyway.
    3. Re:Umm, Thats not right... by Tackhead · · Score: 4, Insightful
      > Providing advice to a Hacker == criminal offense?

      "If you have programming skills, get the fuck out of the States and take your skills with you. Your country obviously doesn't want you anymore."

      (Am I now a felon?)

    4. Re:Umm, Thats not right... by Alan · · Score: 1

      "If you have programming skills, get the fuck out of the States and take your skills with you. Your country obviously doesn't want you anymore."

      (Am I now a felon?)

      Not only a felon, but a bastardly non-patriotic felon obviously trying to destroy this proud and wondeful nation! :)

      Actually you're right, us up in Canada wouldn't mind to do a bit of reverse-brain draining :)

    5. Re:Umm, Thats not right... by A+coward+on+a+mouse · · Score: 1

      Compiling lists of vulnerabilities will still be legal, provided your research process involves nothing more than a crystal ball. Publishing them, on the other hand...

      --
      If you mod me down, I will become more powerful than you can possibly imagine.
    6. Re:Umm, Thats not right... by Ravensfire · · Score: 1

      No, that would not be illegal, probably.

      If you were given the person advice/instruction, and knew that they were going to use for an illegal purpose, you've become an accessory to that crime.

      If you were giving advice/instruction on a subject that has bonafide uses, and had no reason to decide this person was going to use this knowledge in an illegal manner, you've done no wrong. Example - the flight instructors.

      --
      "But we decide which is right, and which is an illusion"
    7. Re:Umm, Thats not right... by Tackhead · · Score: 2
      Hey, serves me right for posting without reading the act to which the article refers.

      Moderators - please mod my original post original post down. As in, "(1, Didn't Read The Fscking Article Before Posting)"

    8. Re:Umm, Thats not right... by pjbass · · Score: 1

      So the people who taught the terrorists how to fly who caused this whole mess shouldn't be targeted? They were shut down by the federal government for a good while. So, agreed, people who don't know that they're "helping" a would-be cracker shouldn't be punished. But what about the whole can of worms that gets opened with people getting screwed by counterfitters, fradulent insurance claims, etc.? They get railroaded since the fingers eventually point back to them.

      Now obviously this statement and movement was made because of the surge for hightened security across the nation. I doubt this will get signed, slapped into place, and put into practive overnight. Our lawmakers may sometimes seem a bit off, but they aren't complete idiots (I know, the Skylarov case... exceptions suck).

    9. Re:Umm, Thats not right... by Zack · · Score: 1


      If you were giving advice/instruction on a subject that has bonafide uses


      Oh, you mean sort of like creating a program that would allow people to view DVDs that they bought on a DVD player that they bought? But since it has the ability to be used to pirate films, it's still illegal? I'm sorry, I don't have that much faith as to believe that they'll know the difference.

      A provision like this simply puts more power into the hands of companies to get rid of people they don't approve of. Ugh.

    10. Re:Umm, Thats not right... by Andux · · Score: 1
      Actually you're right, us up in Canada wouldn't mind to do a bit of reverse-brain draining

      Then it's about time to get away from these plutocratic hosers and start applying for Canadianship, eh? :)

      --
      (Do not sign anything.) -- Fell, Planescape: Torment
  6. Hey, Whattaya Want? by stealie72 · · Score: 1, Informative

    What do you expect from a guy who annoints himself in Crisco and gets telepathic advice from some big guy who lives in the sky that nobody's ever seen?

    --
    I don't have an anger problem, I have an idiot problem
  7. Uh oh. by ByteHog · · Score: 1

    I just read that to a couple of coworkers here, and they all said they should stop talking to me. :)

    --
    - This isn't the sig you're looking for. Move along, move along..
  8. Harboring the hackers by BlowCat · · Score: 1

    Soon any country harboring hackers will be considered as a country harboring terrorists.

    1. Re:Harboring the hackers by MadCow42 · · Score: 2

      Ok, does that mean that datahavens like Sealand are now suddenly Terrorist cells?

      They harbor data, quite possibly for "crackers", along with other "questionable" sources (along with many legitamite ones too). If I were them, I'd be a little worried.

      MadCow.

      --
      I used to have a sig, but I set it free and it never came back.
  9. Ouch! by Jeremiah+Cornelius · · Score: 5, Interesting
    I conduct Penetration Testing and Vulnerability assesments for a living.

    All it takes is one bad customer relationship to cause a false accusation...

    jeremiah cornelius

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:Ouch! by hoggoth · · Score: 1

      >I conduct Penetration Testing and Vulnerability assesments for a living.
      >All it takes is one bad customer relationship to cause a false accusation...

      Part of your standard business practice should be to get a signed authorization to probe a client's systems.

      Or in "Penetration Testing" does 'NO' sometimes mean 'YES'? :-)

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    2. Re:Ouch! by Jeremiah+Cornelius · · Score: 1
      Oh... Waivers are signed.

      That doesn't mean that you can't be falsely accused of over-stepping authorization, or of making unlawful use of discoveries.

      jeremiah cornelius

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    3. Re:Ouch! by fobbman · · Score: 5, Funny

      Husband: No, it wasn't an affair, per se. I was actually conducting some Penetration Testing and Vulnerability Assesments on her.

      Boy, was she vulnerable! Glad I was able to help her out, really!

    4. Re:Ouch! by kindbud · · Score: 3, Funny

      I conduct Penetration Testing and Vulnerability assesments for a living.

      That's why John Ashcroft will be needing a DNA sample from you.

      --
      Edith Keeler Must Die
    5. Re:Ouch! by Bishop · · Score: 2

      I recently attended a conference session that discussed some of these issues. Here is a summary:



      Use the law to protect yourself. Hire a decent lawyer to check the contracts. Insure that all target machines and ips are listed in the contract or a document referenced in the contract. Consider having the contracts notorized. Have a minimum of 2 people present at all times: One to perform the action, one to witness the action and result. Consider having a company rep present at ALL times durring activities. However do not let the company reps outnumber the penetration team.

    6. Re:Ouch! by NetBoy · · Score: 1

      Yes, this has in fact happened to me.

      On closing a client account where we maintained
      a firewall/gateway, we insisted that the client
      find someone to take over sysadmin on the box.

      They failed to do so, and accused me of hacking
      into their box and taking them off line (when
      in fact it was just Road Runner DHCP having a
      hard time with the load of Code Red.)

      What if this were more serious and they lost real
      amounts of data? Hello FBI. It's not just
      Penetrating Testing, but any consultant runs
      this risk.

      cfm

    7. Re:Ouch! by Jerf · · Score: 2
      The moderation on the parent comment, as I write this, is incorrect. It does not deserve "funny". What it really needs is "scary". "Interesting" would probably suffice.

      Do you seriously think that cataloging everybody with the "skills" to commit one of these crimes is far behind?

    8. Re:Ouch! by TheMidget · · Score: 1
      Do you seriously think that cataloging everybody with the "skills" to commit one of these crimes is far behind?

      Hey, chill! It was just a play on word on "penetration".

    9. Re:Ouch! by Danse · · Score: 2

      Life in prison? Things are pretty screwed up when the punishment in cases like these will likely far outweigh the crime.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    10. Re:Ouch! by greenrd · · Score: 2
      You have to hope that no jury would ever convict with zero material evidence like in that case. However, history tells otherwise... :(

    11. Re:Ouch! by bfree · · Score: 2

      Perfect! So the lawyers make a lot more money as do paper-pushers (company reps) and a few other punters (just kept around to say I saw what he did). The job just bacame about 5 times as expensive! What is the true threat of this terrorism? Is it the loss of human life or the loss of a viable economy as everyone adopts scaremongering measures. From the sounds of it your solution is useless anyway as he would just be done for teaching all the lusers watching him how to compromise systems.

      --

      Never underestimate the dark side of the Source

    12. Re:Ouch! by Bishop · · Score: 2

      If you were doing pen-testing you should have been following these practices all along. The terrorism act has nothing to do with it. All it takes in one bad job and you are screwed. This is nothing new. Just ask Sil at Antioffline. Sil didn't even take the job and got screwed.

      Remember kids gaining unauthorized access to a computer system is a crime (as it should be). If that is what you do for a living, you better have a lawyer on hand to make sure that you are authorized to gain "unauthorized access." Do you think it would be the any different if a bank hired you to break in?

  10. My DNA? by Papa+Legba · · Score: 5, Insightful

    Why in the world would they need DNA. I am pretty sure that no where in the specs for DNS or IPv4 is it required that my genome sequence be part of the string being sent out.

    So, who wants to take bets that the RIAA get's copyright violaters termed as hackers?

    --
    Papa Legba come and open the gate
    1. Re:My DNA? by Dexx · · Score: 1

      "I am pretty sure that no where in the specs for DNS or IPv4 is it required that my genome sequence be part of the string being sent out."

      So far. Who knows what will come in later. There's been articles and discussion elsewhere about national id cards in the states with DNA sequences on them. Even if you don't get life, when you run your ID card through the airport (or grocery store or high school) scanner, all the bells and whistles go off..

      --
      Feel the fear and do it anyway.
    2. Re:My DNA? by Anonymous+DWord · · Score: 1

      You are my clone?!

      They probably want to make an army of hackers so they can use them against Bin Laden, when he finally gets his Hotmail address with the backdoored PGP.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    3. Re:My DNA? by ttyRazor · · Score: 4, Funny

      So they can get your DNA off of that public anonymous terminal keyboard you used to used, duh. Be sure to use rubber gloves and scrape dead skin off like in Gattica from now on.

    4. Re:My DNA? by Alpha+State · · Score: 2

      It's so they can identify you when you crash your jumbo-jet into the whitehouse.

    5. Re:My DNA? by ReelOddeeo · · Score: 2

      But when I visit a public anonmyous terminal keyboard, even if I do visit a pr0n site, I don't shoot any dna samples into the keyboard.

      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
  11. Six degrees of separation. by AMuse · · Score: 2

    Right now, the laws in this country have you by six degrees of separation. If anyone is determined enough, they can convict you and throw you away for life based on laws that reference laws that reference laws. . .

    This is a perfect example. Decrypting DVDs under the DMCA is circumvention. Circumvention is hacking. Hacking is now terrorism.

    Crack a copy of your new CD so you can have burned copies in your car instead of the originals (in case they get stolen), and you are now a terrorist.

    1. Re:Six degrees of separation. by dillon_rinker · · Score: 5, Funny

      Actually, criminal statutes have to be pretty explicit. You can't convict someone of a crime unless it's on the books. If goose-whacking is a crime, and you try but fail to whack a goose, they can't convict you of attempted goose-whacking, because there's no law against attempted goose-whacking. If you talk to people about your plans to whack a goose, they can't convict you of conspiracy to commit goose-whacking because there's no law against conspiring to goose-whack.

      Naturally, it takes a politically-connected DA about a month to remedy the situation, particularly if goose-whackers are a mostly misunderstood minority...

    2. Re:Six degrees of separation. by huckda · · Score: 1

      If I whack my goose nightly and no one catches me, and I deny it if asked, am I still guilty?

      --
      "Just Smile and Nod." --Huck
    3. Re:Six degrees of separation. by Dyolf+Knip · · Score: 2

      If you talk to people about your plans to whack a goose, they can't convict you of conspiracy to commit goose-whacking because there's no law against conspiring to goose-whack.


      Except the latest craze in DC is to consider talking about a crime as bad as actually commiting it, especially when it involves anything electronic.

      --
      Dyolf Knip
    4. Re:Six degrees of separation. by whopis · · Score: 1

      Actually, it is not illegal to kill a deer in that fashion... it is illegal to discharge a gun within a certain distance of the road. So the action of shooting the robot deer is still illegal.

  12. Now hang on just a sec... by w3woody · · Score: 4, Redundant

    I don't mind increase survelance powers in order to fight terrorism. However, scrawling "I love you Crystal" or some such on some web page is not terrorism.

    This thing needs to at least be tempered by a clause which adds or defines criminal intent. That is, if hacking is done with the intent to destroy or disable the United States government and/or make actual acts of terrorism (such as blowing people up) easier, then throw the bastards in jail. But defacing some web site doesn't harm the United States government; it's just annoying as hell. And annoying doesn't deserve life in prison without the possibility of parole--especially since actually killing someone is what I would consider slightly more annoying, yet many types of murder don't get anywhere near life.

    1. Re:Now hang on just a sec... by abe+ferlman · · Score: 2

      But defacing some web site doesn't harm the United States government

      I agree with this statement, unless you hack a major commerce site (the government's revenue source) or a major news site (the government's propaganda outlet). In either of those cases, you're actually threatening the government. The safest thing to do is probably to hack a government information website, since there's very little of value there and most likely no one will even see it for weeks.

      Bryguy

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    2. Re:Now hang on just a sec... by Surak · · Score: 5, Funny

      I don't mind increase survelance powers in order to fight terrorism. However, scrawling "I love you Crystal" or some such on some web page is not terrorism.

      I've said this before, but it's worth repeating. The laws that apply in the real world should apply in the cyber world.

      Defacing a web face is the same as spraying some grafitti on a wall. Stealing credit card numbers or private information is the same as theft. Bringing down a government web site is sabotage. These should be dealt with the same as they are in the real world.

      Defacing a web site is vandalism, and therefore should be treated as a misdemeanor. Stealing credit card numbers or private information would be a misdemeanor or a felony depending on how much was stolen and how much it's worth. Sabotage, deliberate, willful destruction of government property, including websites, *is* terrorism and should be dealt with as such.

      I don't see why this is so frickin' hard. :-)

    3. Re:Now hang on just a sec... by rgarcia · · Score: 1

      However, scrawling "I love you Crystal" or some such on some web page is not terrorism.

      But how would you know that "I love you Crystal" isnt some sort of code?

      --

      I couldn't fail to disagree with you less.

    4. Re:Now hang on just a sec... by t0qer · · Score: 1

      I hope you mods like this..

      >>However, scrawling "I love you Crystal" or some such on some web page is not terrorism.

      If I spraypainted, "I love Crystal" on your house wouldn't that be enough for you to want my ass in a sling?

      How do you think a sysadmin (usually 1 per 200 employees) feels when he's been a victim of such an attack? Think about how it makes him/her look to the entire company, a website defacement is something EVERYONE in the company knows about, unlike something simple like a network printer going down.

      And don't give me the excuse "Oh they should have been better at their job" Look man, unless you've been in that position, you got no idea just how busy sysadmin life can get. Most coders don't even give a second thought to how LONG it takes to prepare a PC for a user.

      You cannot really count just what damage something like this can do to someone's career. I got shittcanned cause someone outside the company that didn't agree with my views and thought it would be a funny joke to call my work and say I was a security risk. The company I was working for was looking for any excuse they could find to layoff people so it made me a real easy target.

      So no, defacement, slander, is not funny, it's not a joke when you lose your job a week after buying your house. It may be a fun game to some little zit faced 15 year old cracker, but it has real life consequences that go far beyong "I love you crystal"

      Mod this up as insightful--

      --Toq

    5. Re:Now hang on just a sec... by w3woody · · Score: 2

      If I spraypainted, "I love Crystal" on your house wouldn't that be enough for you to want my ass in a sling?

      Oh, sure; I'd want your ass in a sling. And as someone who recently had to spend two days rebuilding a web server knocked down by the Nimda virus, I understand first hand the annoyance that accompanies such a defacement.

      However, the question really is not "should this be a crime"--clearly the answer is yes. The question is "is this crime terrorism, and deserving of a life sentence"? Murderers who kill in a fit of passion don't do life; taggers who may tag my house with "I love Crystal" with spray paint don't get life. So why should some script kiddy get life? I would understand it if he got 18 months or three years. But life?

    6. Re:Now hang on just a sec... by alienmole · · Score: 2
      If I spraypainted, "I love Crystal" on your house wouldn't that be enough for you to want my ass in a sling?

      I would assume that you were a misguided child or teenager, and I would want you parents to talk to you. But jail? Isn't that just a little extreme???

      Most coders don't even give a second thought to how LONG it takes to prepare a PC for a user.

      There are any number of ways to automate preparing a PC for a user, ranging from automated install scripts (we do this on both Linux and NT) to copying disk images, e.g. using Ghost. So if you're spending huge amounts of time preparing PCs for a user, perhaps you should take a closer look at what you're doing. Working harder instead of smarter may not cut it any more.

      Just because a sysadmin wants someone's ass in a sling doesn't mean that's what should happen. There's fault on both sides. If you're employed professionally to prevent things like this from happening - e.g. to prevent children from defacing a company's website - and it happens anyway, well guess what - you didn't prioritize correctly, or slipped up some other way.

      Intent plays a huge part in all of this, and it's unfortunately all too easy for the law to overlook, looking at the actions rather than the intent behind them.

      Besides, you ought to have a clue about this: the slander that allegedly led you to lose your job could just as easily land you in jail in future, with laws like these. Be careful what you wish for.

    7. Re:Now hang on just a sec... by MrDolby · · Score: 1

      I think defacing a site is a little more serious than spraying some grafitti on a wall. Think about it, usually when a site is defaced the actual site if not available (at least the main page). So its a little more like defacing a store front and boarding up the doorway.

    8. Re:Now hang on just a sec... by Suicyco · · Score: 1


      We already have laws that take care of this. It is not now legal to kill people via acts of computer crime. We have laws against bombing, murder, espionage, etc. This is just getting insane, if this keeps up we will live in a bonafide police state the likes of which the world has never seen before. I feel sick to my stomach.

    9. Re:Now hang on just a sec... by dachshund · · Score: 1

      Ok, then treat it the same way you would treat a broken plate glass window in a store. There are ways to handle these details.

    10. Re:Now hang on just a sec... by Suicyco · · Score: 1


      But that is certainly no reason for somebody to be put in prison for life (in the extreme cases), for monetarily inconveniencing you. He didn't physically harm you. I'm not saying a cracker shouldn't be punished but being a sysadmin of a web site that gets defaced does not make you a victim of terrorism, it is harassment. Just a thought...

    11. Re:Now hang on just a sec... by Nicolas+MONNET · · Score: 1

      "How do you think a sysadmin (usually 1 per 200 employees) feels when he's been a victim of such an attack? "

      First of all, justice should *not* be about feelings. "Feelings" lead to horrors like the "death penalty", a punishment that has been long forgotten in developped countries, but that is still in effect in backwards and reactionary places such as "Texas" and "Afghanistan".

      Then, I can tell you how that sysadmin feels. "Holy fucking shit I forgot to remove that BIND piece of shit -- AGAIN".

    12. Re:Now hang on just a sec... by Noxxus · · Score: 1

      so i could get life in prison for spray painting graffiti on a federal building like, say, my local post office?

    13. Re:Now hang on just a sec... by GnulixRulz · · Score: 1

      You French people must have short memories - the
      guillotine was abolished just 20 years ago.

    14. Re:Now hang on just a sec... by Rogerborg · · Score: 2
      • Sabotage, deliberate, willful destruction of government property, including websites, *is* terrorism and should be dealt with as such

      Since when was terrorism defined by action against a government? The American Revolution was terrorism? The coup in Panama was terrorism? Attacking goverment targets in Iraq (without a formal declaration of war) was terrorism?

      Where are you going to draw the line? Burning draft papers was terrorism? They're government property, and you argue for no distinction.

      By allowing any government to define terrorism as "Action against us!", you're removing all meaning from the word. You might as well just let them pass bills that say "evil is bad".

      --
      If you were blocking sigs, you wouldn't have to read this.
    15. Re:Now hang on just a sec... by minghe · · Score: 1

      There is something fishy about all this. It has to do with the use of the word "Terrorism".

      To place a bomb on a bus in the morning rush is not nessecarily terrorism. It is sick and twisted and evil, but its not terrorism.

      Not even nuking New York is nessecarily terrorism.

      Terrorism always has a political agenda, like with ETA, or a religious one, like Hamas.

      To use violence upon innocent bystanders on order to achieve a political (or religious) goal. That is terrorism. If that is done by hacking into a air traffic control central and make planes crash, or by running into the mall with a dynamite belt, it is still the same act.

      So, when a hacker commits a criminal act the laws we got already covers his crime. Be it terrorism, murder, vandalism or just plain stupidity, the computer is just another tool.

      --
      ...um...like...a sig...
    16. Re:Now hang on just a sec... by whaley · · Score: 1

      - People can't use the web site (properly, depends on grade of defacement).
      - Man hours necessary to clean up, sometimes requiring external help.
      - Depending on what the defacement says, it might damage the site owner's good name.

      Still hardly a terrorist act, but can be worse than spraying over a shop window. I agree with one poster who said there must be reasonable Real Life analogies that you can judge on.

    17. Re:Now hang on just a sec... by t0qer · · Score: 1

      I just wanted to make 2 comments on this...

      >>There are any number of ways to automate preparing a PC for a user, ranging from automated install scripts

      Yeah I know this, but automation really depends on what the corporate controller says you can use as a desktop standard. One company I worked at had all screwdriver shop PC's (300 of em) all with diverse hardware configurations. I did automate the install process (boot floppy, mount a network share, run setup, make a few entries in the runonce part of the registry) even though it was automated, installing everything (including office and corporate apps) still took 3 hours. Also to note, this company had no respect for IT and basically the entire dev team controlled what we did. Ghost would not work here.

      >>Besides, you ought to have a clue about this: the slander that allegedly led you to lose your job could just as easily land you in jail in future, with laws like these. Be careful what you wish for.

      I'm glad I actually took the time to read that, I almost mistook it for a flame but you're right! I must concede on that point alone.

      It really depends on where you work I guess. If you work for a company where IT isn't looked upon as a gigantic black hole where money goes and never returns, then yes, everything you outlined would be true. Believe me though, companies like the one you work for are a minority.
      Funniest thing I ever heard a developer say is "lets use yahoo for our corporate mail and calendar software"

      --toq

    18. Re:Now hang on just a sec... by __aapbgd5977 · · Score: 1

      I've said this before, but it's worth repeating. The laws that apply in the real world should apply in the cyber world.

      Great idea.

      Defacing a web face is the same as spraying some grafitti on a wall.

      Except to do that, you have to go into the server and change things. And websites are meant to be seen, whereas walls are usually meant for security.

      Website defacements are more like climbing a fence onto private property, and then defacing a billboard. Here in Arizona, that would be called 3rd Degree Burglary (assuming its a commercial business and you're there to commit another felony - defacement would be akin to Criminal Damage) - a felony punishable by up to 3 years in prison on a first offense.

      Computer Tampering is the same penalty.

      So what's your point?

    19. Re:Now hang on just a sec... by alienmole · · Score: 2
      Yeah I know this, but automation really depends on what the corporate controller says you can use as a desktop standard. [...] It really depends on where you work I guess. If you work for a company where IT isn't looked upon as a gigantic black hole where money goes and never returns, then yes, everything you outlined would be true. Believe me though, companies like the one you work for are a minority.

      I'm a consultant, and getting clients to improve the way they run their IT operation is something I'm often involved with. It's often easier to initiate changes from the outside than from the inside, though.

      If they look at IT as a giant black hole, then you could perhaps have some impact and get things working more the way you want by pointing out ways they can save money, and get more done for less, by streamlining the operation. If there are things they'd like IT to do that aren't getting done, point out to the appropriate person that you would have more time to spend on other things if, for example, they standardized on workstation hardware, or fixed some of your other pet peeves.

      In cases where the wrong people are in charge (like the dev team), it can help to try to get support from outside IT. Again, this can be difficult as an non-managerial employee. At one company I worked with, I made a breakthrough when I managed to talk to one of the top sales managers, who had plenty of grievances about IT and was very willing to listen to ideas and pass them on higher up the chain, which got the CEO involved. Of course, if you're going to get into this sort of stuff as an employee, you'll need to tread very carefully! :)

      >>Besides, you ought to have a clue about this: the slander that allegedly led you to lose your job could just as easily land you in jail in future, with laws like these. Be careful what you wish for.

      I'm glad I actually took the time to read that, I almost mistook it for a flame but you're right! I must concede on that point alone.

      Yeah, the problem with draconian laws is that they're usually designed to respond to a specific situation, with little thought to how they will be abused later on. I suspect we're going to see a fair amount of that in the coming months.

    20. Re:Now hang on just a sec... by t0qer · · Score: 1

      >>In cases where the wrong people are in charge (like the dev team), it can help to try to get support from outside IT.

      Yeah I was definetly trying that. It worked successfully to some degree but then you get retaliation flak. I was in the COO's office helping him with a problem when a member of the dev team came into his office and started screaming at the top of his lungs telling me I didn't have his permission to put his laptop into the DHCP pool and off the (allow all traffic) on the firewall AFTER i had just spent 1/2 a day cleaning up his rooted machine. I had asked him for 3 weeks to comply and he wouldn't because of my going around him before that on another issue.

      Fortunately I did not raise my voice, years earlier my training as a phone monkey taught me how to handle hot customers. Let them rant for 3 minutes and they allways leave.

      My black hole comment was based upon many covnversations with corporarate controllers over the years (actually fights) The dev team makes a product that requires a certain level of hardware that is expensive. The Controllers allways had to balance between profit and cost, as we have seen over the last year those that did not find that balance closed their doors.

      But anyways, yeah thanks for enlightening me, it was simple and beutiful point you made, too bad it didn't get a +4 bonus from the mods.

      --Toq

  13. This guy just doesn't get it. by The+Slashdolt · · Score: 1

    In the latest cryptogram I referenced this article. And this quote(look at the reader comments at the bottom to see my point):

    "There are many people of poor and evil motivations who are seeking to disrupt business and government and exploit any vulnerabilities in the digital universe."

    From John Ashcroft. This guy is just way off base here. He is totally missing what is going on the real world. We need some more technically savvy people in the government!

    --
    mp3's are only for those with bad memories
  14. Umm.. by nebby · · Score: 2

    Doesn't the CIA employ many, many crackers to bust into their stuff?

    --
    --
    1. Re:Umm.. by kilgore_47 · · Score: 1

      Doesn't the CIA employ many, many crackers to bust into their stuff?
      Yes, and they also employ professional murders but that doesn't make murder legal.
      (someone had to take that bait... ;-)

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    2. Re:Umm.. by Mancide · · Score: 1

      Actually US agencies cannot employ convicted criminals... the fail the background check... if you had listend in the wake of the attacks you would have heard this repeated several times, as the CIA would like to get this law (or ordinance or whatever it is) repealed...

      --
      "This amp is special, see all the knobs go up to 11, that means it is one louder than other amps"
    3. Re:Umm.. by StikyPad · · Score: 1

      Depends on where you consider the attack to be committed. If it's the point of origin, and the point of origin is in the US, then perhaps they would be guilty under this law. If you consider the location of the target to be the where the incident occurred, and the target is outside of the borders of the US, then it would be outside of the jurisdiction of the US. At least that's the logical conclusion, which is probably completely unrelated to the actual facts. Especially in light of recent events (ie Dmitry Sklyarov, Jon Johansen).

  15. def con by davey23sol · · Score: 2

    this would make def con illegal... a convention of terrorists giving information to each other.

    what next?

    --


    "Yes.. no matter what the culture, folk dancing is stupid." -MST3K
    1. Re:def con by Anonymous Coward · · Score: 1, Funny

      The FBI will arrest America's best and brightest, crippling high-tech innovation.

    2. Re:def con by aozilla · · Score: 2

      The FBI will arrest America's best and brightest, crippling high-tech innovation.

      No they won't. They'll only arrest those of the best and brightest who bother them. Others of the best and brightest will be threatened arrest and forced to help the government. And then the best of the best and brightest of the brightest won't break the law (or at least won't get caught) in the first place.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  16. what about bugtraq? by Bastian · · Score: 5, Interesting

    I don't know much about how this bill would be interpreted were it to come to law, but it seems to me that making security bugs known to the general public could be construed as giving advice to a hacker since, well, it alerts the general public to security problems.

    1. Re:what about bugtraq? by Phroggy · · Score: 2

      I don't know much about how this bill would be interpreted were it to come to law, but it seems to me that making security bugs known to the general public could be construed as giving advice to a hacker since, well, it alerts the general public to security problems.

      Security sites often post code that can be used to exploit a particular hole, so that the hole can be better understood and more easily patched.

      What about tools like L0phtcrack?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:what about bugtraq? by Anonymous Coward · · Score: 1, Interesting

      it seems to me that making security bugs known to the general public could be construed as giving advice to a hacker

      Only tech-illiterate judges can think that. A novel detailing a murder could be construed as giving advice to killers, if you don't know anything about novels.

    3. Re:what about bugtraq? by Bastian · · Score: 1

      Eh, I'm surprised it hasn't happened sooner. I know that I have been planning on moving to a country where I am allowed to distribute OpenBSD to other countries as soon as I'm on my own.

  17. oh jesus... by feed_me_cereal · · Score: 1

    I hope people arn't stupid enough to support this bill. I mean honestly: Define terrorism. Then define "computer crime". Then notice that there is no containment. Ashcroft should go back to school. Why the hell do people want to pick on computer criminals so much?

    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:oh jesus... by PM4RK5 · · Score: 2, Insightful

      It is the same problem people had with the outbreak of school violence. They immediately went to blame violent video games as the 'sole' cause. Also, take cell phones and automobile accidents for example. People blamed those, even though they are one of the smallest causes.

      In essence, people look for the easiest thing to blame, which usually ends up being technology, since its 'new,' it must be the source of 'new' problems like terrorism, even though there is no true solution or source to blame for such occurances.

    2. Re:oh jesus... by Moooo+Cow · · Score: 1
      Read the act. Notice that there is specific containment regarding what is covered: As it pertains to "protection of computers", the following sections apply:

      1030(a)(1): Basically covers national defense/espionage

      1030(a)(4): Fraud via a "protected computer" - where a "protected computer" is one where the exclusive or primary use is for US government or interstate commerce use by a financial organization, in ways that directly affect their use by that government or institution. Note that even stealing credit card numbers from a financial institution (or CDNow, or Amazon, or anyone else) is NOT covered under this provision - it is covered under 1030(a)(2), and is not part of the terrorism definition.

      1030(a)(5)(A): Intentional damage to a "protected computer". Reckless damage (as opposed to intentional damage) is not part of the terrorism definition. So, just releasing a random worm into the wild doesn't count, even if that worm tries to DDOS whitehouse.gov, since that is not a "protected computer" - it exists to provide PR for the president, not to support any essential US government actions.

      1030(a)(7): Extortion, again involving a "protected computer".

      Folks, the definition of "protected computer" makes it clear that simply defacing a website is not a "Federal Terrorism Offense", and stealing credit card numbers is not covered either.

      What IS covered is this: espionage, and specific acts that intentionally disrupt the workings of the US government or financial institutions involved in interstate commerce. This is a completely reasonable definition.

      For those of you who argue "hey, I just took down their system for a while, its no big deal"... ask yourself this: is a bomb threat against the government an act of terrorism? Even though you don't physically follow through on the threat, and even though there are no long-term effects the answer is clearly yes. An intentional, malicious strike against a government computer system should be treated the same way.

      --
      Slashdot is entertaining like pro wrestling is entertaining
    3. Re:oh jesus... by feed_me_cereal · · Score: 1

      Excellent! It's nice to know that some people arn't taking the news at face value, as I hypocriticaly do from time to time. I guess my bias against the FBI led me to judge too fast. Thanks for the correction!

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
  18. Size Matters by nexex · · Score: 1
    The only thing bigger than John Ashcroft's ego is his all out crusade to turn America into a Communist country where corporate america rules.

    --
    Winter 2010: With Glowing Hearts
    1. Re:Size Matters by LabRatty · · Score: 1

      The only thing bigger than John Ashcroft's ego is his all out crusade to turn America into a Communist country where corporate america rules.

      So that would be Capitalist America, where whatever fish gets to grow the biggest rules the rest, Ashcroft is just picking his favourite fish to feed. Nothing to do with Communism here, move along people.

    2. Re:Size Matters by spankfish · · Score: 1

      He's not that far off track. Think of a corporation as a communist state where all property and ideas are owned by an elite with all the decision-making powers. Dissidents can be forcibly removed, and conformity is essential to survival.

      Corporatism IS communism!

      --

      NO TOUCH MONKEY!
    3. Re:Size Matters by datamyte · · Score: 1

      capitalism (kp-tl-zm)
      n.
      An economic system in which the means of production and distribution are privately or corporately owned and development is proportionate to the accumulation and reinvestment of profits gained in a free market.

      communism (kmy-nzm)
      n.
      A theoretical economic system characterized by the collective ownership of property and by the organization of labor for the common advantage of all members.
      Communism
      A system of government in which the state plans and controls the economy and a single, often authoritarian party holds power, claiming to make progress toward a higher social order in which all goods are equally shared by the people.

      We've never had a capitilist society in this country because we've never had a free market. We've never had a free market because we've had government regulation of the market and the economy.

      "Capitalism and communism stand at opposite poles. Their essential difference is this: The communist, seeing the rich man and his fine home, says: 'No man should have so much.' The capitalist, seeing the same thing, says: 'All men should have as much.'"
      -- Phelps Adams

    4. Re:Size Matters by Anonymous Coward · · Score: 1, Interesting

      Actually, Corporatism is Fascism, not communism. Mussolini coined the terms corporation and Fascism. We have had a Fascist political and economic system since the early 30's. Our industrial leaders at the time embraced the Italian reforms. Remember that fascism does not equal Nazi. Moussolini hated having to join with Hitler. Fascism results when capitalism cannot deal with extreme social problems (the depression). One of the tenants of Fascism is that war creates a sense of belonging for the people, and drives industry (economy). Welcome to our new war!

  19. perversion by nodrip · · Score: 5, Insightful

    This is a perversion of what Ashcroft requested. Hackers who attempt to disrupt key systems that are vital to protecting human life, for example the FAA's radar systems, are terrorists. And they are.

    --


    -- "The best way to predict the future is to invent it."
    1. Re:perversion by Rhyas · · Score: 1

      Yeah, this makes sense. So why can't they draft the damn thing to be SPECIFIC to this sort of instance? Government is very fond of being very broad in it's definitions.

    2. Re:perversion by Tackhead · · Score: 5, Insightful
      > This is a perversion of what Ashcroft requested. Hackers who attempt to disrupt key systems that are vital to protecting human life, for example the FAA's radar systems, are terrorists. And they are.

      On that, we agree.

      Upon reading the draft bill, I'm not happy with all of the provisions in the bill, but I really don't see anything that says "guy with programming sk1llz == terrorist."

      I do see an expansion of The List Of Bad Things We Can Do To Felons (such as DNA sampling), but that's a far cry from "all [cr]ackers are terrorists", let alone "all Hackers are now terrorists and will have to give up DNA samples".

      Indeed, only crackers who attack "protected systems" (meaning .gov and .mil boxen - not the d00d who hax0rz the average web site) appear to be in line to get their asses handed to them on a silver platter under this Act, and those provisions I can support. (Hell, those are about the only provisions I'd support ;-)

      Earlier, I made a post that said "If you've got programming skills, get the hell outa here." I retract that post. This bill, while odious for many means, is not a declaration that American doesn't want its programmers anymore.

      Serves me right for replying to /. before reading the fscking article ;-)

    3. Re:perversion by nodrip · · Score: 1

      They have yet to draft it into a final bill yet, that was the point of the hearing today, which i watched. It's now up to the law makers (another week or so they say) to draft it into a bill that will go to congress. Ashcroft has his shit together. imho.

      --


      -- "The best way to predict the future is to invent it."
    4. Re:perversion by Ravensfire · · Score: 1

      I don't think they should be specific, just define the category better.

      Our society is changing rapidly, resulting in laws that reflect an different society. Supposedly, they are trying to create these new laws in a technology neutral manner to prevent this.

      --
      "But we decide which is right, and which is an illusion"
    5. Re:perversion by _ph1ux_ · · Score: 1

      one the one hand I agree with you...

      on the other, please point out to me where the feds have followed there laws to the letter - in such a way where we agree that they have not abused the power they have given themselves via a new bill.

      the point is that this particular bill will allow the feds to have much easier approval for snooping through your e-trash.

      the possibilities for abuse of power and throwing people in the brig for innovative thought (MS ahs nothing to worry about) has just gone up.

      like bush stated "your either with us or against us" - so you either hack for the NSA and CIA - or you go to jail.

    6. Re:perversion by -=OmegaMan=- · · Score: 5, Interesting

      No, it isn't.

      From the bill:

      "(19) `protected computer' has the meaning set forth in section 1030

      "(20) `computer trespasser' means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.";

      From Title 18 Chapter 47 Sec. 1030:

      (2) the term ''protected computer'' means a computer -

      (A) exclusively for the use of a financial institution or the
      United States Government, or, in the case of a computer not
      exclusively for such use, used by or for a financial
      institution or the United States Government and the conduct
      constituting the offense affects that use by or for the
      financial institution or the Government; or
      (B) which is used in interstate or foreign commerce or
      communication;


      Used in interstate or foreing communication? How many of you connect to machines and/or through machines without crossing state lines?

      Further from the bill:

      ""SS 25. Federal terrorism offense defined

      "As used in this title, the term `Federal terrorism offense' means a violation of, or an attempt or conspiracy to violate-

      -snip-
      1030(a)(1), (a)(4), (a)(5)(A), or (a)(7) (relating to protection of computers)
      -snip-

      Okay, so now *maliciously* breaking into basically any computer system is a terrorist act. Couple this with the rest of the increases in anti-terroism this bill contains, and you're doing *LIFE* in FEDERAL PRISON (aka "no parole") because your Anti-CodeRed Perl script took down some dipshit's enterprise server. Meanwhile child molestors get time off for good behavior.

      I don't think anyone thinks "computer crime" shouldn't be punished. Just not to this ridiculous degree.

      --

      This sig is xenon coated, and will glow red when in the presence of aliens

    7. Re:perversion by vanyel · · Score: 1

      I haven't had a chance to read it myself, but retroactivity makes my hackles rise. If it's limited to things where a reasonable person would expect to get their butts kicked for doing it, e.g. taking down an FAA computer, fine. But telling a kid he's now up for life because he wrote "d00dz were here" across the whitehouse home page a couple of years ago when you would normally expect to get your hands slapped is something else again.

      Now if they want to include SPAM in the definition of a virus, I'm all for making that a retroactive life term...

    8. Re:perversion by nodrip · · Score: 1
      Used in interstate or foreing communication? How many of you connect to machines and/or through machines without crossing state lines?

      I do, but this law doesn't effect me, because i don't hack into financial or government computers. Hell I don't hack any computers.

      Your right though, does interstate or foreign commerce or communication;potentially include hacking Hotmail? I'm not getting an accurate read on this line.

      --


      -- "The best way to predict the future is to invent it."
    9. Re:perversion by aozilla · · Score: 2

      Your right though, does interstate or foreign commerce or communication;potentially include hacking Hotmail?


      Oh absolutely. That clause is just in there to protect the bill from being deemed unconstitutional. I hate the fucking interstate commerce clause of the constitution. I swear it is the most abused clause of the entire constitution.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    10. Re:perversion by sdowney · · Score: 1

      from 18 U.S.C. 1030. on the DOJ website.

      (2) the term "protected computer" means a computer

      (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
      (B) which is used in interstate or foreign commerce or communications;

      Part (A) looks ok from a terrorist definition point of view. But part (B) means that cracking Amazon is terrorism. Or could be. I haven't found anything in this that limits prosecutorial discretion. Yet.

      And for the record, not all of the sections defined as computer crimes are defined as terrorist acts. Just 1030(a)(1), (a)(4), (a)(5)(A), or (a)(7)

    11. Re:perversion by nodrip · · Score: 1
      Ok, your wrong dude...
      Piecing it together:

      Sec. 2510. Definitions -
      (17) ''electronic storage'' means -
      (A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
      (B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and
      (18) ''aural transfer'' means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
      (19) `protected computer' has the meaning set forth in section 1030; and
      (20) `computer trespasser' means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.

      This area relates to making it legal to listen in on computer communications. e.g., the fbi and cia under these provisions are not commiting a crime. no big deal.

      On the next (big) point:

      from the proposal:

      1030(a)(1), (a)(4), (a)(5)(A), or (a)(7)
      (relating to protection of computers),

      You sited A-2, note A2 is not mentioned.

      From section 1030 a1, a4, a5a, and a7 -
      (http://www4.law.cornell.edu/uscode/18/1030.html)

      (a) Whoever -
      (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;

      (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

      (5) (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

      (7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section

      Hacking Hotmail or any other communication system for fun, would not fall under this bill.

      --


      -- "The best way to predict the future is to invent it."
    12. Re:perversion by nodrip · · Score: 1

      no it doesn't, see my next post.

      --


      -- "The best way to predict the future is to invent it."
    13. Re:perversion by anticypher · · Score: 2

      According to my lawyer (HIAL, IANAL) 18USC1030(b) has been used in court to describe cisco routers, sun sparcstations with 2 or more communication ports, and various other pieces of comms gear. The catch is that at least one communication port must be connected to a circuit that has the potential for interstate or foreign communications. That includes any modem hooked to the phone system, any leased line from any telco, or any radio system.

      The protected computer does not have to be cracked, or compromised, merely accessed, which includes passing normal traffic over it.

      Security teams in the US can mention 18USC1030(b) to a fed when they want action to be taken for cracked systems. It is one of the few used in almost every cracker case, I'm pretty sure it was one of the charges brought against Kevin Mitnik.

      Now even pinging a host on a leased line or tracerouting past a router could be considered an act of terrorism. Not that it will result in every computer user in the world being thrown in jail next week, but the law will be abused. Just the merest hint of life with no parole to a defence lawyer will get them into plea bargain mode, after that the poor skriptkiddie is really fucked.

      You poor americans. I really feel sorry for you now, seeing how a small terrorist act can get the entire constitution and bill of rights overturned without much of a fight. The terrorists have won, with a loss of only 19 of their fighters they have turned america from the most open and free society in the world to the second most repressive.

      the AC

      --
      Hemos is like...sci-fi fans;he thinks technology is cool, but he hasn't bothered to understand the science it's based on
    14. Re:perversion by johns713 · · Score: 1

      Upon reading the draft bill, I'm not happy with all of the provisions in the bill, but I really don't see anything that says "guy with programming sk1llz == terrorist

      Um, since when does the media and general public care about the details? I think the reason why everyone is upset is because what this means is that if the government or anyone that the government is partial to gets hacked you can easily be considered a terrorist. This includes publishing security issuses.

      Now can anyone say what will happen once Microsoft get a hold of the finished product. I mean it is not like DOJ was forced to drop a monopoly case or anything. *cough* IIS *cough*

    15. Re:perversion by aozilla · · Score: 1
      (5) (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
      It's kind of hard to hack hotmail without transmitting a program, information, code, or command. Theoretically this seems like it could even pertain to merely hitting reload 10,000 times (transmission of information which intentionally causes damage without authorization). This looks like it has a lot of potential for abuse, as proposed.
      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    16. Re:perversion by klp · · Score: 1

      You're mistaken. The term "protected computer" includes any system "which is used in interstate or foreign commerce or communications" (18 U.S.C. 1030), not .gov and .mil sites. Ashcroft's legislation is not in any way focused on attackers who disrupt vital systems.

      And, as I reported in the story, the sections of 18 U.S.C. 1030 that Ashcroft's bill would cast as "terrorism" have already been used on 'the d00d who haxorz the average web site' more than once.

      These provisions *are* limited to people who have committed a computer crime (and those who support them), so you're correct that simply being a programmer doesn't put you at risk. I never said it did.

    17. Re:perversion by nodrip · · Score: 1

      Your right, it definately includes DOS attacks on the right computers. But again, you have to remember, no judge in his right mind is going to toss this law at some script kiddie. That's the beauty of our system, lots of checks and balances. Can you see a federal judge throwing a 14 year old kid in prison for life because he DOS'd Yahoo? I just don't see that happening.

      --


      -- "The best way to predict the future is to invent it."
    18. Re:perversion by Nicolas+MONNET · · Score: 1

      " Can you see a federal judge throwing a 14 year old kid in prison for life because he DOS'd Yahoo? I just don't see that happening."

      There's records of much worse happening. Esp. in the US. "OMFG IT'S A VIOLATION!!!!".

    19. Re:perversion by dachshund · · Score: 1
      You're comparing the maximum sentence for one crime with the minimum sentence for another.

      What is the maximum sentence for child molestation? Life in prison?

    20. Re:perversion by Anonymous Coward · · Score: 1, Informative

      Okay, so now *maliciously* breaking into basically any computer system is a terrorist act. Couple this with the rest of the increases in anti-terroism this bill contains, and you're doing *LIFE* in FEDERAL PRISON (aka "no parole") because your Anti-CodeRed Perl script took down some dipshit's enterprise server. Meanwhile child molestors get time off for good behavior.

      The simple solution is to track down and kill any sysadmins that would report you for doing this. You'd get out of jail a lot sooner.

    21. Re:perversion by Jerf · · Score: 4, Insightful
      but this law doesn't effect me, because i don't hack into financial or government computers. Hell I don't hack any computers.

      Excuse me, but you are quite likely to be wrong. Was your computer, or any computer in your possession, infected with Code Red or Nimda? If so, and if it scanned any computers outside of your state, then it's not really a stretch to say that you were outside of the law.

      OK, so as a Slashdot reader, you are less likely to be affected by the above. But how many of your friends were?

      Also, this bill will eliminate the statute of limitations on these crimes and allow retroactive prosecution. Therefore, anybody who got Code Red or Nimda can quite plausibly be put in jail for life.

      Would they win on defense? Maybe, but they're in jail until the trial is over. And maybe they won't win on defense...

      This law hands the power to imprison damn near anyone running Windows IIS over the US government, such that only a lawsuit (inevitably protracted) would get them out.

      Who still believes this is about preventing terrorism? What a sick joke! Frankly, I think those proposing this bill are traitors to the United States.

    22. Re:perversion by samantha · · Score: 2

      Pay attention! The proposal does not distinquish by what kind of system is penetrated. It does not even distinquish cracking per se from other things that are or will be considered computer crimes. This proposal is much, much too broad and is a huge danger to everyone. Stop it while you still have the power to act.

    23. Re:perversion by samantha · · Score: 2

      I would very seriously doubt that air traffic control radar is sitting on the Internet. If it is then it is poorly designed and protected to start with. It is vulnerable to just general net craziness with no terrorist anywher to be seen. It is a very poor example.

    24. Re:perversion by Tony-A · · Score: 1

      No, he's got a very good sense of reality. As an American, I sincerely hope he's wrong, but I suspect he has a bit more experience with this kind of stuff than us americans. It's very easy to lose sight that the war is against terrorists, terrorism, hate crimes. Far too easy to drop into the idea that it is us versus the arabs, exactly what the Teleban is trying to make it.

    25. Re:perversion by kryzx · · Score: 1

      Those infected with Code Red would NOT be violating this law. The proposed law specifically says "knowingly" and "with intent" in several places, so if something happened without your knowledge or malicious intent, you wouldn't be a felon.

      (a) Whoever -
      (1) having knowingly accessed a computer ...
      (4) knowingly and with intent to defraud ...
      (5) (A) knowingly causes the transmission of a program ...
      (7) with intent to extort ...

      --
      "I don't know half of you half as well as I should like, and I like less than half of you half as well as you deserve."
    26. Re:perversion by Jerf · · Score: 2
      I'm not saying they could keep you in jail. But while you're in court, proving to the clueless judge that it was a virus you had no knowlege of, and that you had no intent to deny service to the White House web site, you're sitting in jail. Or putting up a quite-likely-huge bail. And you're certainly in court.

      May not be life in prison, but it's impressive punishment nonetheless. Oh, and did I mention they've probably confiscated your computers and aren't in a hurry to give them back? And trashed your place in the process?

      Too much power. I don't care who has it, this is just too much.

    27. Re:perversion by Jerf · · Score: 2
      That's a worthy point, in a way.

      But this is America. You're free to propose the DMCA. You're free to lobby your local Congresscritter to vote for it. It was subjected to an open debate. We dropped the ball entirely, but even if we hadn't, it might have passed. That's the way it works. No duress, no trickery, no truly unusualy chicanery. It may have been evil, but it wasn't terribly dishonest.

      This bill has none of that. It's being promoted as a feel-good measure that restricts liberties and vastly expands governmental power, while being touted as merely a (implicitly temporary) terrorist control measure. It's not. That's why this is far more traitorous then merely passing the DMCA.

    28. Re:perversion by n-baxley · · Score: 1

      This law hands the power to imprison damn near anyone running Windows IIS over the US government, such that only a lawsuit (inevitably protracted) would get them out.

      Maybe that's a good thing.

    29. Re:perversion by Tarkeel · · Score: 1

      Hacking is not limited to internet activitity. If you had the nubmer of one og their modems or could otherwise gain acces to their communication network (they must share information in some way) then you could possibly do even more damage, as many people assume that not-on-the-net = good security.

    30. Re:perversion by Tarkeel · · Score: 1

      Remember that hacking is not merely limited to the net. Those air controllers need to communicate in some way, and if could gain access to that system in some way (dialing their modem or jacking in on their switch) then you could possible do more damage than over the net, as many assume that not-on-the-net is good security.

      Just my 2 cents
      Tarkeel

  20. ok by CodeMonky · · Score: 1

    Well, I don't mind the DNA thing as long as it applies to other criminals and not just computer crime, the life in prison thing is a little messed up. I just don't see how a rapist could get less time than someone who defaced a web page.

    --
    --"Karma is justice without the satisfaction"
  21. DNA samples? by rakerman · · Score: 1

    Oh no... it's The Geeks from Brazil

  22. freedom? by stealing resources and information? by DiveX · · Score: 1

    That is BS. By even proping systems or exploiting vunerabilities hackers/crackers/whatever cause untold millions of dollars in damages and lost wages.
    They not only steal information, but also deny others the right to do business and cause a need for shift in resources to protect the company rather than producive service.

    --
    Cave, wreck, and deep diver.
  23. Hmmmm... by bleckywelcky · · Score: 1

    "and increase the maximum sentence for computer intrusion to life in prison." And exactly how is this supposed to help everyone out and teach someone their lesson? How can sending some of the smarter people in our society (assuming this won't be a script kiddie in many instances) to jail for the rest of their lives help better our lives? Although I should assume that every case under this proposed act would come with the possibility of paroll due to its complete lack of immediate physical or mental damage to any persons, right? What's next? The death sentence for avid computer users? Gimme a break.

    1. Re:Hmmmm... by Pedersen · · Score: 2

      Actually, parole was something mentioned in the article. You see, it seems that the federal justice system doesn't have a concept of parole. I may have to leave the country sometime soon, just to have any shred of freedom left. Anybody got any suggestions?

      --

      GPL made simple: What was my stuff is now our stuff. If you improve our stuff, please keep it our stuff.
    2. Re:Hmmmm... by arkanes · · Score: 1

      Federal justice doesn't have parole per se, but it does have supervised release, which is the effecive equivilent. Kevin Mitznick(sp?) is on that program right now.

    3. Re:Hmmmm... by Pedersen · · Score: 1

      Thank you. This was not something I knew about, and it makes me feel somewhat better. I'm still considering emigrating, though. Just have no idea where I could go.

      --

      GPL made simple: What was my stuff is now our stuff. If you improve our stuff, please keep it our stuff.
  24. Here's the story. by Water+Paradox · · Score: 2, Informative

    Hackers face life imprisonment under 'Anti-Terrorism' Act Justice Department proposal classifies most computer crimes as acts of terrorism.

    By Kevin Poulsen
    Sep 23 2001 11:00PM PT

    Hackers, virus-writers and web site defacers would face life imprisonment without the possibility of parole under legislation proposed by the Bush Administration that would classify most computer crimes as acts of terrorism.

    The Justice Department is urging Congress to quickly approve its Anti-Terrorism Act (ATA), a twenty-five page proposal that would expand the government's legal powers to conduct electronic surveillance, access business records, and detain suspected terrorists.

    The proposal defines a list of "Federal terrorism offenses" that are subject to special treatment under law. The offenses include assassination of public officials, violence at international airports, some bombings and homicides, and politically-motivated manslaughter or torture.

    Most of the terrorism offenses are violent crimes, or crimes involving chemical, biological, or nuclear weapons. But the list also includes the provisions of the Computer Fraud and Abuse Act that make it illegal to crack a computer for the purpose of obtaining anything of value, or to deliberately cause damage. Likewise, launching a malicious program that harms a system, like a virus, or making an extortionate threat to damage a computer are included in the definition of terrorism.

    To date no terrorists are known to have violated the Computer Fraud and Abuse Act. But several recent hacker cases would have qualified as "Federal terrorism offenses" under the Justice Department proposal, including the conviction of Patrick Gregory, a prolific web site defacer who called himself "MostHateD"; Kevin Mitnick, who plead guilty to penetrating corporate networks and downloading proprietary software; Jonathan "Gatsby" Bosanac, who received 18-months in custody for cracking telephone company computers; and Eric Burns, the Shoreline, Washington hacker who scrawled "Crystal, I love you" on a United States Information Agency web site in 1999. The 19-year-old was reportedly trying to impress a classmate with whom he was infatuated.

    The Justice Department submitted the ATA to Congress late last week as a response to the September 11th terrorist attacks in New York, Washington and Pennsylvania that killed some 7,000 people.

    As a "Federal terrorism offense," the five year statute of limitations for hacking would be abolished retroactively -- allowing computer crimes committed decades ago to be prosecuted today -- and the maximum prison term for a single conviction would be upped to life imprisonment. There is no parole in the federal justice system

    Those convicted of providing "advice or assistance" to cyber crooks, or harboring or concealing a computer intruder, would face the same legal repercussions as an intruder. Computer intrusion would also become a predicate offense for the RICO statutes.

    DNA samples would be collected from hackers upon conviction, and retroactively from those currently in custody or under federal supervision. The samples would go into the federal database that currently catalogs murderers and kidnappers.

    Civil liberties groups have criticized the ATA for its dramatic expansion of surveillance authority, and other law enforcement powers.

    But Attorney General John Ashcroft urged swift adoption of the measure Monday.

    Testifying before the House Judiciary Committee, Ashcroft defended the proposal's definition of terrorism. "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

    The Act is scheduled for mark-up by the committee Tuesday morning.

    --
    information is immaterial
    1. Re:Here's the story. by ncc74656 · · Score: 5, Insightful
      As a "Federal terrorism offense," the five year statute of limitations for hacking would be abolished retroactively -- allowing computer crimes committed decades ago to be prosecuted today
      This can't be the case...haven't the people who thought this up run across this passage before?
      No bill of attainder or ex post facto Law shall be passed.

      - United States Constitution, Article I, Section 9, paragraph 3

      You can't prosecute an action that wasn't a crime at the time the action occurred. Then again, with the body blows the Constitution has taken in recent times (mainly in various parts of the Bill of Rights, especially the First, Second, and Tenth Amendments), maybe the drafters of this legislation haven't run across this passage before.
      --
      20 January 2017: the End of an Error.
    2. Re:Here's the story. by rossz · · Score: 1
      It is broad enough to include things like .... assaults designed to change the purpose of government."
      Damn, that's scary! Does my recent verbal assault against the ATA on InstaPundit count? I'm certainly trying to change the purpose of our government. I want them to stick to the core job of protecting me from the bad guys and to keep the hell out of my personal life. Unfortunately, the Feds are obviously incapable of either.
      --
      -- Will program for bandwidth
    3. Re:Here's the story. by cpt+kangarooski · · Score: 1

      Well, I think that what they mean is not that if there were no anti-hacking law at a time when you hacked that you'd fall under this, but rather if you broke an anti-hacking law at any point in the past, action may always be taken against you. The statute of limitations, remember, is how long the government, or a civil plantiff have to bring suit before the action is so 'stale' as to no longer be worth hearing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Here's the story. by rossz · · Score: 4, Interesting
      I'm going to mail copy of the Consitution to Senator Feinstein (D-CA). It's obvious from her actions in the Senate that she has never set eyes on a copy in her life.

      I propose a new Constitutional amendment. The Three-Constitutional Strikes And You're Out amendment. If an elected official votes for three laws that are later found unconstitutional (no statue of limitation, applied retroactively), they are kicked out of office and barred from all government work for life. These people are supposed to know what they are doing and have no fucking excuse for voting for unconstitutional laws.

      --
      -- Will program for bandwidth
    5. Re:Here's the story. by maxpublic · · Score: 1

      Jesus H. Christ - an "assault designed to change the purpose of government"??? With government defining the meaning of "assault"? Doesn't anyone else have a problem with this?

      I often speak out against my government, primarily because I think it's violated the Constitution, and continues to violate the Constitution, on a regular basis. I think my politicians are assholes and sellouts and I'm not afraid to advocate kicking their sorry asses out on the street and replacing them. I believe the Constitution needs to be amended and that our government needs to be *radically* restructured.

      With government deciding what constitutes assault, will I be hauled off to jail for life for strongly advocating acts "designed to change the purpose of government"? After all, digital expression is often seen as a crime these days, and according to Congress my expression doesn't deserve the same protections online that it does in real life.

      Ashcroft and King George - Christ, but what a lousy time to be an American.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    6. Re:Here's the story. by GooseKirk · · Score: 1

      I propose a new Constitutional amendment. The Three-Constitutional Strikes And You're Out amendment.

      That's freakin' brilliant. Too smart to ever get anywhere in America, that's for sure, but man, I like the cut of your jib.

      I'd even go one step further, though. Things like this get passed (or written) to further a political agenda, often with no apparent consideration for the broad impacts on the citizenry. I'd say, someone who's actively working against the best interests of the people of the US in a political arena is guilty of treason.

      OK, OK, so that wouldn't really work, blah blah, I know, I know. Lighten up. But still. Wouldn't you like to see some of these guys swing from lampposts like pirates, as a warning to others? Or am I just feeling particularly barbaric these days?

    7. Re:Here's the story. by Amazing+Quantum+Man · · Score: 2

      Then again, with the body blows the Constitution has taken in recent times (mainly in various parts of the Bill of Rights, especially the First, Second, and Tenth Amendments)

      Don't forget the Fourth, Fifth, and Eighth.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    8. Re:Here's the story. by sharkey · · Score: 2

      Yes, they have, but they run it through the "Modern Political Power Grubbing and Affirmation Grammatical Parser" which locates and finds any instance of phrases like "shall make no law" and "shall not be infringed", then replaces them them with phrases along these lines, "Must make despotic law" and "Must be abolished".

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    9. Re:Here's the story. by ncc74656 · · Score: 2
      I propose a new Constitutional amendment. The Three-Constitutional Strikes And You're Out amendment. If an elected official votes for three laws that are later found unconstitutional (no statue of limitation, applied retroactively), they are kicked out of office and barred from all government work for life.
      Take it a step further...since they've worked to deny us our rights, deny them theirs. Getting kicked out of elected office under such an amendment ought to count the same as a felony conviction or a dishonorable discharge, and should have the same losses—no vote, no guns, etc.

      As someone else has already pointed out, though, your idea makes too much sense to ever become law. :-?

      --
      20 January 2017: the End of an Error.
    10. Re:Here's the story. by Frank+T.+Lofaro+Jr. · · Score: 1

      You can have a high IQ and still be stupid in the ways that count.

      --
      Just because it CAN be done, doesn't mean it should!
    11. Re:Here's the story. by Dunkelzahn · · Score: 1

      Something I just thought of... Legislators are required to swear under oath to protect and defend the U.S. Constitution. Would appear that John Ashcroft and the like are guilty of purgery here. Just a thought.

      --
      .
    12. Re:Here's the story. by dgroskind · · Score: 2

      These people are supposed to know what they are doing and have no fucking excuse for voting for unconstitutional laws.

      Actually, they do.

      The Supreme Court is rarely unanimous on what is unconstitutional

      The Supreme Court has overturned laws that have previously been ruled constitutional, e.g. Brown vs. Board of Education

      The Supreme Court can strike down sections of a law while legislators must vote on the whole law.

      The Supreme Court can interpret the Constitution in new ways, e.g. Miranda warnings.

      Also, consider that the Supreme Court reviews laws many years after they have been passed when most of their original supporters have retired or been defeated.

      There are already two constitutional procedures for dealing with unconstitutional law: judicial review and presidential veto. Also, voters can remove representatives who pass laws they don't like at the next election.

      I think the Founding Fathers were way ahead of you here.

    13. Re:Here's the story. by dgroskind · · Score: 2

      Then again, with the body blows the Constitution has taken in recent times...

      The recent history of the Supreme Court has been to extend individual rights, not restrict them. Right to speedy trial, right to counsel during interrogation, abortion rights, right to travel abroad, publishing porn, publishing hate, publishing libel, now vastly exceed what was once permitted in the United States and are generally more advanced than other democracies.

      People in the U.S. today are freer than at any period in American history both from legal restrictions and from social conventions. Much of this freedom comes from the Supreme Court striking down laws that had been accepted for decades.

      The terrorist threat aside, the biggest threat to individual freedom at the moment comes from reduced privacy that results from new technology. It's an area where we need more legislation, not less.

    14. Re:Here's the story. by frknfrk · · Score: 2

      good point! i'd also add that you can also have a low IQ and still be smart in the ways that count.

      -sam

      --
      The REAL sam_at_caveman_dot_org is user ID 13833.
    15. Re:Here's the story. by rossz · · Score: 1

      Then allow an exception, by a unanimous vote of the Supreme Court, they can declare a particular point was constutionally vague enough to allow mistakes to be made.

      The would be required to make that decision at the same time as the constitutionality ruling.

      As for your point on two processes for dealing with unconstitutional laws, my point is that are lawmakers are continually passing laws that are obviously unconstitutional and the president signs that law. Can you say COPA? How about COPA II? I knew you could.

      My proposal is a way of saying, knock it off! Yeah, it's a big honking 2x4, but sometimes a wack upside the head is what's necessary to get their attention.

      --
      -- Will program for bandwidth
    16. Re:Here's the story. by dgroskind · · Score: 1

      they can declare a particular point was constutionally vague enough to allow mistakes to be made

      Letting the judiciary rule on the state of mind of the legislature usurps the prerogative of the electorate.

      COPA is a good example of the problem. The Act states that "the protection of the physical and psychological well-being of minors by shielding them from materials that are harmful to them is a compelling governmental interest." If legislators were responding to pressure from their constituents who were more concerned with the well-being of their children than with their freedom of speech, well, that's what legislators do.

      The whole point of separation of powers is that different branches of government respond to different pressures. It would defeat the system if the legislature answered both to the electorate and the judiciary.

      my point is that are lawmakers are continually passing laws that are obviously unconstitutional...

      Continually? Obviously? Occasionally and debatably are more accurate. To maintain that elected representatives are a persistent threat to freedom contradicts the very idea and purpose of democracy.

      Election day should be a big enough 2x4 and it constantly has the attention of the elected representatives.

    17. Re:Here's the story. by rossz · · Score: 1
      If legislators were responding to pressure from their constituents who were more concerned with the well-being of their children than with their freedom of speech, well, that's what legislators do.
      The lawmakers should not, must not, give in to the demands for laws that are unconstitutional. If people want something done, then the lawmaker's job is to figure out how to do it within the legal framework of the Constitution. Their job is NOT to pass everything people demand. I'd like to see a Senator actually have the balls to say to his constituents (sp?), "I can't do that, it would be unconstitutional." You will never hear that, though, they would rather pass a bad law to look good now. When, in five years (or more), the Supreme Court tosses it out, he'll just say, "well, I tried." And the bastard will get relected on that basis.
      --
      -- Will program for bandwidth
    18. Re:Here's the story. by dgroskind · · Score: 1

      I'd like to see a Senator actually have the balls to say to his constituents (sp?), "I can't do that, it would be unconstitutional."

      If representatives disagree with their constituents, the time to say so is before the election, not after.

      If voters can't count on their elected representatives to make their case, where can they turn? Legislators, like lawyers, may have to advocate positions they personally disagree with because that is what they are paid to do.

      Obviously the majority can be wrong and demogoguery is a blight on democracy. However, I suspect that typically more harm is done when representatives substitute their own personal judgment for the will of the majority, than the other way around.

      I've run out of points here. If you would like to have the last word I would be happy to read it.

  25. So... by gwillden · · Score: 2, Insightful

    All those that detect and report security flaws in systems are terrorists because they comunicate these details to the Crackers (accidentally, but what does that have to do with it?).
    Bummer...

    --
    -- Hofstadter's Law: It always takes longer than you expect, even when you take into account Hofstadter's Law.
  26. Backwoods terrorists by DiveX · · Score: 1

    "However, scrawling "I love you Crystal" or some such on some web page is not terrorism."

    Water Tower taggers of the world unite!!

    --
    Cave, wreck, and deep diver.
  27. Come with me to hacker paradise! by Kukuman · · Score: 1

    Canada, here I come!

    1. Re:Come with me to hacker paradise! by Stoutlimb · · Score: 1

      Oh come on, they don't even know Canada exists! Bush's speech says it all. Canada almost always flies under the radar screens of US public awareness.

    2. Re:Come with me to hacker paradise! by Stoutlimb · · Score: 1

      My friend actually met someone who thought there was nothing north of Montana. She always saw the weather maps stop at the border, so she figured the world ended there. LOL

  28. The end of age of computer innovation by zoftie · · Score: 1

    Computer innovation, that was mostly done via tinkering and actual analysis of the way things work, is DEAD. People having fun brining down systems because apparently selling underware on the web is of utmost importance for american nation. Think this is blessing for sysadmins? No. Now coprations don't need teams of sysadmins
    maintaning security and stability of the site. As long as they can blame service collapse on some script kiddie with large sack of lawyers, they will do that.

    Script kiddies are irratation to internet community nothing more, serious hackers are of a thread to real corporations, but often they don't include in their budgets a REAL security teams that have hands on experience with hardening kernels, but rather hoards of mathematitionas analysing flowchars. Now its gonna change. Lawyers will replace security teams, and sysadmins role will be installing new software, and tracing connections to nearest point where lawyers will be deployed.

    This is hot headed measure that will damage internet environments and synergy they are in now. It will focus security of reprimand not of real safety of systems.

    I hope Ashcroft goes to HELL. Oops I already sound like whitetrash Bush family....

  29. Interesting question by Archangel+Michael · · Score: 2

    Does recommending LINUX count? Does Criticizing Windoze insecurities count? What about BugTraq?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  30. hmmm by the_other_one · · Score: 2, Funny

    Microsoft regularly gives advice to hackers with this thing called the Knowlege Base.

    They even have a program (IIS) that aids hackers in break in attempts.

    Their new advertisement advocates the destruction of buildings.

    This is clearly one of the worst terror organizations

    The US and it's allies must take action

    --
    134340: I am not a number. I am a free planet!
  31. I don't know by +Majere+ · · Score: 1

    Well I agree hacking is a crime. I think it should be classified by different areas. Like people nosing around public computers shouldn't get 20 years in jail, but military computers, .gov sites, sure I can understand that. Selling information about companies, sure that's bad. But I don't think most hackers should get more time then some murders and other violent crime criminals. That is just silly. Virus writers on the other hand, we can just hang them.

    Just my thoughts on the subject.

  32. Big day... by Magus311X · · Score: 1

    This could be a big day for the fight against script kiddies. :)

    -----

  33. Hack chinese websites.. by tempestdata · · Score: 2, Interesting

    So now if script kiddi3s in the US, decide to deface chinese websites, the Chinese authorities could legitimately, accuse the US of harboring Terrorists???

    --
    - Tempestdata
    1. Re:Hack chinese websites.. by Tyreth · · Score: 1

      It only counts as terrorism if it's against the united states.

  34. Well Gee by Maskirovka · · Score: 1

    So it's terroristic to provide advice to a hacker. Hmm. So that would make

    Comp-sci professors/students
    Entire IT departments
    Teachers
    Parents
    publishers
    bookstores
    helpdesk services
    etc

    liable. That Ashcroft guy is smoking some really bad shit. Does anyone remember that he lost mississippy gubernatorial election to a DEAD man? That's how popular he is at home. Excuse my while I go out and puke :P

    Maskirovka

    Eye no i cant spill:P

    1. Re:Well Gee by ichimunki · · Score: 2

      Your post would be more believable is you hadn't confused Mississippi with Missouri.

      --
      I do not have a signature
    2. Re:Well Gee by NeoJamis · · Score: 1

      Sorry, but it was for the US Senate seat in Missouri, not the governor's seat in Mississippi.

  35. God Damn, I hate John Ashcroft... by Bonker · · Score: 2

    Let's all remember that this guy lost an election to a corpse, please.

    Seriously, I'm afraid that this line of reasoning is only going to continue under the Bush administration.

    Anyone who violates the conservative faction's very narrow definition of legality and morality is going to face harsher and harsher penalties. It's the 'hackers' right now. I'll be charitable and say that that means anyone who illegally breaks into a computer system or network. It will be expanded in the very near future to include anyone who violates non-circumvention clause of the DMCA. Seriously, how far are those two apart?

    It can be reasonably argued that violating copy protections will put illegal technology or information in the hands of terrorists.

    The logical progression is pretty evident from that point on. Anyone caught breaking a copyright will be targeted, and then anyone who illegaly owns copyrighted material will be targeted.

    Hmmm... I wonder if I should encrypt the stash of Anime fansubs on my HDD. Wait, encryption is going to be illegal to! I'm a terroist either way!

    Congress will just keep passing laws to give Bush and Ashcroft what they want in the name of 'National Security'. Don't think for a second that they won't.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:God Damn, I hate John Ashcroft... by andymoe · · Score: 1

      It really pisses me of that because of this tragedy (what's good enough for CNN is good enough for me) in NY Bush will have a better chance of getting re-elected. Thanks so much...

    2. Re:God Damn, I hate John Ashcroft... by Keeper · · Score: 2

      Ashcroft used to be a good person, fighting the good fight. But if you've examined what the man has done over the last 10 or so years, you'll notice a that the kind of legislation/government he supports has changed. He's gone from a good guy to a person who would seem to prefer life in germany about 60 years back.

  36. Fight the power, join your local IT clubs now!!! by ADRA · · Score: 1

    We will rise up, and wipe the world of all those infidel non-computer freaks. For our faith in the inane and bloody, we will be granted into the highest form of life, T1 connections!

    --
    Bye!
  37. A backwards approach to legislation by melquiades · · Score: 5, Interesting

    This act and the DMCA are eerily similar. Both seek to address particular historical circumstances and events (e.g. Napster, terrorist attacks). Both sets of circumstances are genuinely complex and problematic. And, in both cases, there were already perfectly adequate laws more general laws which address the particular situation. We already have laws to address copyright violation, and we already have laws to convict violent criminals, spies, and yes...even hackers.

    The DMCA and all these supposedly anti-terrorist laws, past and present, take a terribly backward approach to lawmaking. The best laws, like the best software, succeed on minimality and generality. Witness the excellent US constitution, which has been extremely effective considering how long it's been around. The constitution uses very broad terms -- "life", "property", "punishment", "vote" -- and very few specific terms. (Some parts are quite specific, like the quartering of soldiers bit. They seem very quaint now.)

    Laws, like software, tend to break if they are designed in specificity but used in generality. The trouble with these new laws is that they create all kinds of special cases and extra circumstances designed for a particular moment in history, which we'll have to support for decades or even centuries. The new terrorist laws, in a way, are like the 640k RAM limit -- they seem good enough for now, but in the future, they'll cripple and break all kinds of things.

    The difference is, in this case, it is our fundamental freedoms that are being to get crippled and broken. As always, please please please call your representatives and give them a piece of your mind. They are under a lot of pressure right now, and they need to hear from sensible people.

    1. Re:A backwards approach to legislation by nodrip · · Score: 1
      This is nothing like the DMCA. It's aimed at giving the justice department sorely needed help in fighting terrorist activities. I mean come on, shouldn't the justice department be able to tap the computer traffic and cell phone calls of a known criminal, with a judge's permission? (not just a single phone line as it is now?) It's simply modernization of outdated law.

      The lawmakers who will convert this to a bill are very senitive to civil rights, they're already complaining about certain part of the draft. It will be fair, and any unfair parts will get amended as it is put to use. This is the way thre US justice system works. And, imho, it's a darn good system. The DMCA is currently undergoing this kind of 'testing', and wqill be amended as examples of it's miss-use come to light.

      --


      -- "The best way to predict the future is to invent it."
    2. Re:A backwards approach to legislation by Scudsucker · · Score: 1

      I mean come on, shouldn't the justice department be able to tap the computer traffic and cell phone calls of a known criminal, with a judge's permission?

      They can already do that (long before DMCA). Its call a warrant.

    3. Re:A backwards approach to legislation by TWR · · Score: 2
      No, a warrant is tied to a particular phone line. This made sense when the only way to get a phone was through Ma Bell, and it took 80 gazillion years to get a new phone number or line installed.

      Now, I could get a new cell phone every day of the week. And each one would require me to get a trip to a judge to get permission to listen in.

      Furthermore, if I'm under survaliance and just go and borrow your phone, it would be illegal for the cops to listen in, because then they could be spying on someone who they are not looking for (you). The mob has been doing this trick for years.

      The wiretap portions of this law make a lot of sense.

      -jon

      --

      Remember Amalek.

    4. Re:A backwards approach to legislation by Scudsucker · · Score: 1

      That is a good point but we still need to be carefull in writing the legislation so that its not abused. Its fine if the FBI wants to invesigate a student in a dorm for trading pedophilia, but not if they wiretap the whole place "in case he uses a friends computer" and bust other guys for pot or mp3's or whatever.

  38. So what? by bleckywelcky · · Score: 1

    A few people lose a bit of money because some company had a security flaw that they didn't feel like taking care of and made the absurdly stupid mistake in the first place of storing CC info for themselves. Seems like the company is almost as much at fault as the cracker. Still, for many credit card companies, if there are charges on your account that you obviously didn't make, then you only pay a nominal fee, like $50 or something. If the cracker has also monitored your behaviour enough to only make the same purchases that you make... well, then your just screwed, lol. The crime here is somewhat severe, but the effects of the crime are hardly severe at all to the end user.

    1. Re:So what? by ocie · · Score: 1

      Interesting. I wonder what the liabilities for a bank would be if the bank kept a factory-set combo for the safe, or just put the money on a table with a big sign overhead saying "please don't steal this". On second thought, I doubt any banks have ever been this stupid.

      --
      JET Program: see Japan, meet intere
    2. Re:So what? by XorNand · · Score: 1

      The $50 fee was waived by both Mastercard and Visa a couple years ago. Speaking from experience, having your credit card number stolen is generally not much more than a minor inconvience to the end user -- provided that you notify your bank ASAP.

      --
      Entrepreneur : (noun), French for "unemployed"
    3. Re:So what? by trichard · · Score: 1

      > Seems like the company is almost as much at fault as the cracker.

      Are you as guilty as the guy who steals your stereo? How about if you leave your front door unlocked?

    4. Re:So what? by raque · · Score: 1

      If a bank didn't secure it's assets "properly", good safes, whatever, that would not make it any less a crime to steal from them. Stealing is stealing after all. What that would do is leave them open for liability suits brought by patrons of that bank, the two having little in common.

      This fails another way, most banking transactions are computer transactions these days. The safes "ARE" just secure files, we hope. More money is held by American banks than there is money.

      Yes, the above statement is true, there is far more money in the banking computer systems then there is printed by the Bureau of Engraving. Don't forget that was also most likely one of the things that OBL wanted to do, trash the Banking computer systems

  39. History has been forgotten by Anonymous Coward · · Score: 1, Insightful
    The more rules and laws there are to follow, the more people will invariably break (sometimes without even realizing it), and the more control the 'authorities' will exert over the masses. The only difference between our world today, and the world of the past, is that we're all interconnected. No other time in history has witnessed a world where everyone in it had the tools and methods to instantly communicate and reach places so quickly as we can today. (Communications are nearly instantaneous thanks to instant messaging clients).

    It will be interesting to see how soon all religion is stomped out because of a few off the wall psycho's who think that random acts of death and destruction without announcing intent to do so is a good thing for their religion. At that point, God be merciful to us all...

  40. calm down by davejenkins · · Score: 1

    Before everyone starts running around screaming Orwellian doomsday and the death of civil liberties, please remember that we still live in a country where there are courts, due process, trial by jury, and plain ol' common sense.

    No one is going to get thrown in the Gaol for scribbling on the Jennifer Aniston Shrine or for lifting someone's Yahoo username and password in a chat Room.

    You ARE in trouble if you hack into DoD systems, steal credit cards, or try to move a lot of money around anonymously, and rightly so.

    Please go back and read the Bill of Rights (for you Americans out there) and remember that there are 9 wise souls in Washington who do nothing but think about this stuff all day.

    1. Re:calm down by stuccoguy · · Score: 2, Insightful

      You are talking about the same country in which courts upheld the expulsion of a six year old boy from an east coast school because he kissed a girl on the cheek? After all, a no tolerance policy is a no tolerance policy.

    2. Re:calm down by leereyno · · Score: 2

      What about the hundreds of politicians in Washington who do nothing but look for innovative ways to hurt the party opposite their own?

      Party politics and blind partisanship is the root cause of an awful lot of bullshit in our government.

      Lee

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    3. Re:calm down by nodrip · · Score: 1
      You ARE in trouble if you hack into DoD systems, steal credit cards, or try to move a lot of money around anonymously, and rightly so.

      damn staight.

      --


      -- "The best way to predict the future is to invent it."
  41. This about computer CRIMES, not hacking... by glenmark · · Score: 1

    Buy a clue, folks. The proposed legislation says nothing about HACKING. It is about computer CRIMES. Unauthorized entry into a system for stealing info. Web site defacement. Virus writing. These are CRIMES, and finally someone is coming up with legislation that has the teeth to properly punish the worthless waste-of-protein creeps who do these things.

    This is a GOOD thing!

    (And for the record, in the good ol' days before the proliferation of script kiddies and commercial SPAM, i.e. pre-90's, there was no distinction between hackers and crackers. That semantic distinction is a rather recent piece of revisionist computer folklore.)

    --
    *** Quantum Mechanics: The Dreams of Which Stuff is Made ***
    1. Re:This about computer CRIMES, not hacking... by glenmark · · Score: 1

      Something like playing a DVD under Linux wouldn't be covered. Read the Act.

      --
      *** Quantum Mechanics: The Dreams of Which Stuff is Made ***
    2. Re:This about computer CRIMES, not hacking... by defile · · Score: 2

      A close friend of mine spent 6 months in prison after plea-bargaining his case because he committed the destructive act of electronic graffitti.

      Oh, and he was treated as an adult even though he was 16 at the time. If the case had gone to trial, he faced 30 years imprisonment and probably a $1 million fine.

      He still has to pay a $20,000 fine. He's 18 now.

      Kids will be reckless fuckheads. It's a given. There's no reason they need to be imprisoned for life just because of some stupid thing they did that the victims won't remember in 3 weeks anyway.

      The laws they're being punished with today seem to have been written with terrorists in mind. Making them even more severe is grounds for every American to practice their 2nd Ammendment rights.

    3. Re:This about computer CRIMES, not hacking... by glenmark · · Score: 1

      The life sentence is a MAXIMUM penalty. No judge is going to sentence someone to life for defacing a website. The penalty would be weighed against the severity of the action.

      So many people in this forum seem to think that breaking into someone else's computer is not a serious matter, just a childish prank, and this attitude shocks me. This is a crime which costs our nation countless millions of dollars every year in lost revenue and time spent cleaning up the compromised systems and plugging security holes. Frankly, six months in jail seems perfectly reasonable for defacing a website (it being no different than breaking windows and spray painting grafitti over someone's home or business). A life sentence would be reserved for things like breaking into government systems and stealing classified info.

      If only there were a way of getting SPAMmers (only a slightly higher form of life than bacteria and pedophiles) covered by this law. Oh wait, theft of services!

      --
      *** Quantum Mechanics: The Dreams of Which Stuff is Made ***
    4. Re:This about computer CRIMES, not hacking... by defile · · Score: 2

      Computer intrusion can be a serious matter, but not all computer intrusions are serious matters.

      Paraphrasing another post: I hack an air traffic control system and use it to crash an airplane into a heavily populated area. Thousands die. I can think of a large number of laws on the books right now that would put this person away for life, without ever going into computer crime laws.

      Tougher computer crime legislation will do absolutely nothing to prosecute the guilty and only make life difficult for people committing harmless offenses, or even people who are completely innocent.

      If someone breaks into someone else's computer, you prosecute them on the actual crimes they've commited, not just the act of breaking in. A kid spray paints his tag on a wall and he gets what? A fine? Community service? A kid defaces a web site and he faces years in federal prison sharing cells with rapists and child molestors who will get out before he does. Give me a break.

  42. Statute of Limitations by stuccoguy · · Score: 1
    The US Constitution contains a clause which prohibits Ex Post Facto laws. In general, a law is ex post facto if it punishes an act which was not a crime when committed, increases the penalty for a crime after the commission of the crime, or substantially changes the proceedural due process attached to a crime.


    Most courts have ruled that changing the statute of limitations on a crime is a violation of the prohibition on ex post facto laws under the third reasoning. Other courts have said that if the statute of limitations in effect at the time the crime was committed has expired, a new statute of limitations may not be applied. These courts allow the statute of limitations to be extended if it has not yet expired when the new statute is passed.


    Either way, the language of this law is obviously ex post facto and is unlikely to stand in court.

  43. USA harbors terrorists! by www.sorehands.com · · Score: 3, Funny
    Lets see, Kevin Mitnick is a hacker, a hacker is a terrorist, Mitnick is in the USA = USA harbors terrorists. The USA did not execute him on site.


    Is everone infected with Code Red a terrorist?

    Silly huh? Well, people thought it was silly to say that the attack would be used as an excuse to abridge our rights further.

    1. Re:USA harbors terrorists! by Zero__Kelvin · · Score: 1


      "Lets see, Kevin Mitnick is a hacker, a hacker is a terrorist, Mitnick is in the USA = USA harbors terrorists. The USA did not execute him on site."

      Somebody mod this post up to the *MAX*. I love it when the government passes a law declaring itself a terrorist organization! Go Johhny!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:USA harbors terrorists! by ADRA · · Score: 1

      Difference:Kevin Mitnick was American, so it automagically negated all international laws. Just look at the American position on the international courts to see that they are backwater, and above any international rules.
      Second, Kevin was presecutd for his crimes.

      Third, the US on "harbored" hime because he was a criminal. I am sure if there was a legal case in other contreys against him, the US would have let him be sentenced by them also.

      To harbor someone, you must knowingly be protecting them from an external entity. You can't say that Sklyarov was being harbored by Russia, becuase they probably didn't know he had commited a crime. Now, if the Iranian gov (Example only) decided to commit cyberspace attacks against the US to disrupt trade, then they would be harboring criminals of the US.

      Now my moral boundary approaches.. Can you concider a hacker a terrorist for commiting acts against a nation, or national interests? It is tough. If I hacked into the US's nucular armorment and pressed the button, I would probably be a terrorist, but the same shouldn't be said about someone trying to disassemble a program, etc..

      --
      Bye!
    3. Re:USA harbors terrorists! by jcast · · Score: 1

      You can't say that Sklyarov was being harbored by Russia, becuase they probably didn't know he had commited a crime.

      Skylarov didn't commit a crime--He ticked Adobe off, and managed to break an unconsitutional law in the process. So, Adobe got the right to jump on him.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    4. Re:USA harbors terrorists! by sonny · · Score: 1

      Very insightfull post I must say.

      On point one, if I understand it correctly, the new law will be retroactive, so Mitnick is a terrorist and consequently the USA harbours at least one terrorist.

      And to the the second point: according to Those convicted of providing "advice or assistance" to cyber crooks, or harboring or concealing a computer intruder would of course include everone that is infected by a worm or just not being uptodate with the neccessary patches.

      And what you did forget, what about those that know about some exploits? If they tell about it, someone could use the information to break into some systems, if they don't tell, they make it easier for those that know and want to do something bad, and thus also assisting the cyber crooks

      Really scary, we must hope for the sake of all computer users worldwide that this law will not be passed in this form, or else nearly everone with a computer will be guilty oneway or another.

    5. Re:USA harbors terrorists! by david.johns · · Score: 1
      Actually, I want to point out that we do harbor terrorists - assassinating world leaders does tend to be a genuine passion for these people, and our CIA finally got out of the habit because it was causing too much political fallout.

      I wonder when they(we)'re going to figure out that backing dictators and pseudo-military organizations is causing too much political (and physical) fallout.

      Oh, and are Timothy McVeigh and Ted Kazynski (sp) terrorists? We harbored them. What about the donations to the IRA from US citizens? We certainly seem to be fostering terrorism overseas...

    6. Re:USA harbors terrorists! by someone247356 · · Score: 1

      Why is it wrong for China to take over Tibet, or Taiwan, for Serbia to take over Kosovo, but it's ok for England to take over a part or Ireland?

      Just a thought.

      --
      Just my $0.02 (Canadian, before taxes)
    7. Re:USA harbors terrorists! by twinpot · · Score: 1

      Err, they didn't. The history of "Ireland" goes back a long way, and it's nice and complicated!

      Holland ruled them (William of Orange, King Billy) some time ago too.

  44. If you liked the Drug War, you'll LOVE... by Dolly_Llama · · Score: 1
    The thing that really scares me about this whole mess is listening to Ashcroft's impassioned pleas demanding powers to seize the assets of terrorists and those who support them, just like the war on drugs. If I can be any more obvious: this is a Bad Thing(tm). First look at the total failure property confiscation has been as a deterrent to narcotrafficing, then discover the rampant corruption of law enforcement, say things like targeting people based on the value of their homes (which are confiscated before trial), instead of their danger to society.

    This isnt just an erosion of personal liberty, this is an avalanche. Consider how loosely terrorism can be defined and how closely it seems to parallel sedition.

    Band's proceeds from Rage Against the Machine album sales? "They're mine now," sayeth Uncle Sam, "Your lyrics are obviously inciting acts of terrorism, and thus you are complicit."

    Where is John Galt when we need him?

    --

    Somewhere, something incredible is waiting to be known. -- Carl Sagan

    1. Re:If you liked the Drug War, you'll LOVE... by nodrip · · Score: 1
      We're not talking about a sales based regenerative business here, were talking about mass murder. People in the WTC didn't walk up to their local terrorist and say "I'd like a good dose of death today, thank you."

      Your comparing apples and oranges here. The war on drugs vs. a war on terrorism - two completely different animals.

      --


      -- "The best way to predict the future is to invent it."
    2. Re:If you liked the Drug War, you'll LOVE... by datamyte · · Score: 1

      For twelve years you've been asking "Who is John Galt?" This is John Galt speaking. I'm the man who's taken away your victims and thus destroyed your world. You've heard it said that this is an age of moral crisis and that Man's sins are destroying the world. But your chief virtue has been sacrifice, and you've demanded more sacrifices at every disaster. You've sacrificed justice to mercy and happiness to duty. So why should you be afraid of the world around you?

      Your world is only the product of your sacrifices. While you were dragging the men who made your happiness possible to your sacrificial altars, I beat you to it. I reached them first and told them about the game you were playing and where it would take them. I explained the consequences of your 'brother-love' morality, which they had been too innocently generous to understand. You won't find them now, when you need them more than ever.

      We're on strike against your creed of unearned rewards and unrewarded duties. If you want to know how I made them quit, I told them exactly what I'm telling you tonight. I taught them the morality of Reason -- that it was right to pursue one's own happiness as one's principal goal in life. I don't consider the pleasure of others my goal in life, nor do I consider my pleasure the goal of anyone else's life.

      I am a trader. I earn what I get in trade for what I produce. I ask for nothing more or nothing less than what I earn. That is justice. I don't force anyone to trade with me; I only trade for mutual benefit. Force is the great evil that has no place in a rational world. One may never force another human to act against his/her judgment. If you deny a man's right to Reason, you must also deny your right to your own judgment. Yet you have allowed your world to be run by means of force, by men who claim that fear and joy are equal incentives, but that fear and force are more practical.

      You've allowed such men to occupy positions of power in your world by preaching that all men are evil from the moment they're born. When men believe this, they see nothing wrong in acting in any way they please. The name of this absurdity is 'original sin'. That's inmpossible. That which is outside the possibility of choice is also outside the province of morality. To call sin that which is outside man's choice is a mockery of justice. To say that men are born with a free will but with a tendency toward evil is ridiculous. If the tendency is one of choice, it doesn't come at birth. If it is not a tendency of choice, then man's will is not free.

      And then there's your 'brother-love' morality. Why is it moral to serve others, but not yourself? If enjoyment is a value, why is it moral when experienced by others, but not by you? Why is it immoral to produce something of value and keep it for yourself, when it is moral for others who haven't earned it to accept it? If it's virtuous to give, isn't it then selfish to take?

      Your acceptance of the code of selflessness has made you fear the man who has a dollar less than you because it makes you feel that that dollar is rightfully his. You hate the man with a dollar more than you because the dollar he's keeping is rightfully yours. Your code has made it impossible to know when to give and when to grab.

      You know that you can't give away everything and starve yourself. You've forced yourselves to live with undeserved, irrational guilt. Is it ever proper to help another man? No, if he demands it as his right or as a duty that you owe him. Yes, if it's your own free choice based on your judgment of the value of that person and his struggle. This country wasn't built by men who sought handouts. In its brilliant youth, this country showed the rest of the world what greatness was possible to Man and what happiness is possible on Earth.

      Then it began apologizing for its greatness and began giving away its wealth, feeling guilty for having produced more than ikts neighbors. Twelve years ago, I saw what was wrong with the world and where the battle for Life had to be fought. I saw that the enemy was an inverted morality and that my acceptance of that morality was its only power. I was the first of the men who refused to give up the pursuit of his own happiness in order to serve others.

      To those of you who retain some remnant of dignity and the will to live your lives for yourselves, you have the chance to make the same choice. Examine your values and understand that you must choose one side or the other. Any compromise between good and evil only hurts the good and helps the evil.

      If you've understood what I've said, stop supporting your destroyers. Don't accept their philosophy. Your destroyers hold you by means of your endurance, your generosity, your innocence, and your love. Don't exhaust yourself to help build the kind of world that you see around you now. In the name of the best within you, don't sacrifice the world to those who will take away your happiness for it.

      The world will change when you are ready to pronounce this oath:
      I swear by my Life and my love of it that I will never live for the sake of another man,
      nor ask another man to live for the sake of mine.

    3. Re:If you liked the Drug War, you'll LOVE... by datamyte · · Score: 1

      No they aren't completely different animals. They are both wars that will never end, will never be won and yet the innocent citizen who is harming no one will always lose.

      You want to end terror in the world? Start by making every man accountable to himself and to his reason. Sacrificing reason for the sake of man is no better than sacrificing man for the sake of reason.

      To save the world is the simplest thing in the world. All one has to do is think.
      Leonard Peikoff

  45. The actual Anti-Terrorism Act bill by ilsie · · Score: 1, Informative

    Here's the actual bill: http://www.eff.org/sc/ashcroft_proposal.html. Instead of getting it second-hand from a news source that puts its own spin on it, why not make the judgement for yourself.

    1. Re:The actual Anti-Terrorism Act bill by nodrip · · Score: 1

      and bear in mind it is a proposal, to be rewritten by lawyers sensative to people's rights, and later passed by capitol hill before it becomes law.

      --


      -- "The best way to predict the future is to invent it."
    2. Re:The actual Anti-Terrorism Act bill by Amazing+Quantum+Man · · Score: 2

      and bear in mind it is a proposal, to be rewritten by lawyers sensative to people's rights, and later passed by capitol hill before it becomes law

      The same way that the DMCA was rewritten by lawyers sensitive to people's rights?

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  46. Last I checked by Ryu2 · · Score: 1

    Ashcroft wasn't a member of Congress -- so it could not have been HIS bill, unless the US govt workings changed since I last checked. He may be pushing for it, but someone else wrote it and sponsored it.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
  47. Giving advice to hackers by Phroggy · · Score: 2

    Does 2600 magazine qualify as an organization that gives advice to hackers, and would therefore be classified as a terrorist organization under this new bill?

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    1. Re:Giving advice to hackers by Rogerborg · · Score: 2
      • Does 2600 magazine qualify as an organization that gives advice to hackers, and would therefore be classified as a terrorist organization under this new bill?

      I'd answer that, but by doing so, I'd leave myself and /. open to prosecution on the same grounds.

      We badly need a "scary" mod to use instead of "funny"

      --
      If you were blocking sigs, you wouldn't have to read this.
  48. Unconstitutional by UserChrisCanter4 · · Score: 2, Informative

    Unfortunately, I can't read the actual article, because securityfocus is /.ed, so I'll have to go by the summary.

    abolish the statute of limitations for computer crime, retroactively...

    /me breaks out my copy of the US constitution...

    From Article I, section 9, paragraph 3:
    "No Bill of Attainder or ex post facto Law shall be passed".

    Ex Post Facto refers to laws having a retroactive effect, for those of you wondering.

    So, as always, IANAL, but this sure doesn't sound constitutional to me.

    1. Re:Unconstitutional by Dante333 · · Score: 1

      Wasn't the term of copyrights retroactivly increased?

    2. Re:Unconstitutional by HugoB · · Score: 1

      I have not researched this specific issue, but it seems to me that there is a distinction between passing a law that makes something previously legal, illegal and then seeks to prosecute people for their conduct prior to the change, and retroactively altering the statute of limitations for an already existing crime. The primary concern of Constitution's prohibition against ex post facto laws is to prevent the government from playing gotcha -- sending people to jail for actions that were legal when they were undertaken (i.e., the former). That concern does not necessarily exist when the statute of limitations for an *already existing* crime changes (i.e., the latter). After all, if an activity has always been illegal, you're already on notice that your liberty is at stake if you engage in it. Changing the limitations period for that activity simply means you cannot now seek sanctuary for something you knew you should not have been doing when you were doing it, so to speak.

      In other words, depending on how the Ashcroft bill is written (e.g., if it simply removes the statute of limitations for already existing computer crimes), the prohibition against ex post facto laws may not even come into play.

    3. Re:Unconstitutional by visualight · · Score: 1

      I think this means that if some kid was convicted of writing "I love somegirl" on a webpage and was convicted of and punished for "crime A" then he cannot later be tried for violating "crime B" because at the time of the offense "crime B" did not exist.

      So if the act we're debating today were passed, retroactively or not, someone could not be tried for a crime that did not previously exist regardless of the statute of limitations.

      I think the whole "retroactive" think will get cut because it's clearly unconstitutional. At least I hope so.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  49. So murder is less of an offense than hacking? by Ingenium13 · · Score: 4, Insightful

    Basically, if this were to be passed, it would tell the public that cracking/hacking is considered to be worse than murder. They even go so far as to say that giving advice to a cracker/hacker can yield life in prison! Is it just me, or is something seriously wrong here? I could go off and murder somone and receive less of a punishment than someone who defaced a website, resulting in a few hours of repairs by the administrator and the fixing of a securty hole. I'm sorry, but that's just not right.

    1. Re:So murder is less of an offense than hacking? by statusbar · · Score: 2, Funny

      Yes, murder is less of an offense than hacking.

      Hacking a military site can affect THOUSANDS of lives and national security.

      --jeff

      --
      ipv6 is my vpn
    2. Re:So murder is less of an offense than hacking? by Maul · · Score: 2

      Why exactly are military sites necessary to the national security of the United States accessible over the internet in the first place?

      --

      "You spoony bard!" -Tellah

    3. Re:So murder is less of an offense than hacking? by Moooo+Cow · · Score: 1
      "I could go off and murder somone and receive less of a punishment than someone who defaced a website, resulting in a few hours of repairs by the administrator and the fixing of a securty hole. I'm sorry, but that's just not right."

      Well, you're sort of correct here - but the part "that's just not right" is your assumption about what is considered a Federal Terrorism Offence. Defacing a website is not on the list.

      See the specific provisions that are covered here

      --
      Slashdot is entertaining like pro wrestling is entertaining
    4. Re:So murder is less of an offense than hacking? by xophos · · Score: 1

      Hello? Somebody Listening? Hacking the military or government in the US seems more like an anti-terroristic akt to me in these days!

    5. Re:So murder is less of an offense than hacking? by Rogerborg · · Score: 2
      • Hacking a military site can affect THOUSANDS of lives and national security

      Yes, yes, because things are always in black and white.

      I see a security hole in a military site that potentially leaves military details exposed. I mail the admin providing full details of the exploit, and get no response. I mail the NSA/CIA and get no response. I tell a newspaper, but without them trying the exploit, there's no story, and they know that the 1st Amendment is no protection in these cases. Weeks pass. I genuinely worry that Joe Terrorist is rooting the box and threatening uniformed lives.

      So, I crack the site to demonstrate that it can be done, and again send full details of the exploit to the admin.

      You're going to jail me for life? I willfully and deliberately damaged the site, and there is no provision in this bill for intent. Why not? Why do I have to trust the government to not overreact? Why do I have to be afraid of being an active patriot?

      But heck, I don't even have to debunk your extreme example. If I crack any machine that is used in interstate communication (read: any internet connected machine), I go to jail for life. Amazon, Hotmail, a mail server in my old college, my friend's open Win98 box. Go to jail.

      To go back to the murder analogy, we don't have one charge that says "Committing violence" with a maximum penalty of life imprisonment. We have different charges with clear definitions, and scales of punishment.

      Any reason why we can't do the same for computer crime?

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:So murder is less of an offense than hacking? by statusbar · · Score: 1

      No, not an idiot. Just the devil's advocate.

      --jeff

      --
      ipv6 is my vpn
    7. Re:So murder is less of an offense than hacking? by statusbar · · Score: 1

      Well, they aren't DIRECTLY accessible.

      But it has happened indirectly where some idiot connects their insecure WinNT machine to the internal secure network. Once someone hacks the insecure machine he has access to the secure network.

      --jeff

      --
      ipv6 is my vpn
    8. Re:So murder is less of an offense than hacking? by statusbar · · Score: 1

      I agree with you.

      However it is not your job to test the security of someone else's system.

      It is like breaking into a bank's safe in order to demonstrate the failure of their security system. Very unwise. Don't do it.

      I hope though that they eventually DO have different charges and penalties for different hacking actions. Unfortunately, most law-makers are clueless with regards to technology.

      My original point was just that hacking CAN be worse than murder. And it doesn't have to be a military site either - an evil hacker modifying www.cnn.com could cause huge effects.

      My wish is that sysadmins who are negligent in keeping their system secure share in the responsibility of the damage that occurs when it is hacked.

      If I leave my car parked with the engine running and the door opened for half an hour, I think the insurance company will blame me just as much as the thief. If an admin runs IIS and ignores the security patches, he should get blamed as well.

      --jeff

      --
      ipv6 is my vpn
  50. We had to see this coming.. by Popoi · · Score: 1

    I do see some logic behind this.. A dedicated hacker with a malicious streak can do a LOT of damage, and had a few beew working in concert with the terrorist attacks of 9-11, much of the country could easily have been thrown into chaos..

    That said, I see this as the same variety of short-sighted legislation that brought us the DMCA, only this time we also get an extra layer of reactionism on top, creating new law that is both far too broad and FAR too severe.

    This proposal appears to make no distinction between website defacement (the rough equivalent to tagging a wall somewhere IMHO) and majorly disrupting traffic through DoS attacks or releasing a virus. (admittedly much more serious stuff) And LIFE in prison? More than many violent criminals recieve? Did the Krull invade while I wasn't looking?

    Looking at the abolished statute of limitations, I wonder if Mafiaboy will be getting a knock on the door soon.. I wouldn't be surprised if a few of the higher profile groups (2600, most likely) got some trouble out of this too..

    It looks like Katz was right..

    1. Re:We had to see this coming.. by nodrip · · Score: 1
      This proposal appears to make no distinction between website defacement (the rough equivalent to tagging a wall somewhere IMHO) and majorly disrupting traffic through DoS attacks or releasing a virus. (admittedly much more serious stuff) And LIFE in prison? More than many violent criminals recieve? Did the Krull invade while I wasn't looking?

      It does damnit! Why the hell do people post this crap without doing their research!! Read the law doofus. Click here for a cut and paste version of US law after this is enacted. (from a discussion farther up.)

      --


      -- "The best way to predict the future is to invent it."
  51. Enforcement please NOT new legislation by shellac · · Score: 1

    I think the administration is barking up the wrong tree with this law. It seems to me that existing laws are fine for punishing terrorists. It's not as if these people were in jail for terrorism before and got out too early or something. Instead, the WTC disaster represents a failure of american intelligence, and possibly, american foreign policy in the middle east.

    Does anybody really think these attacks wouldn't have happened if this law was in place before?

    1. Re:Enforcement please NOT new legislation by nodrip · · Score: 1

      The reason intelligence failed was because current law prevents the justice system from persuing terrorists! This proposed bill would update US law so these failures would not take place!

      --


      -- "The best way to predict the future is to invent it."
  52. Good. by chinton · · Score: 1

    Hackers are criminals. Shroud their actions in whatever noble cloak you want, the bottom line is that hackers break the law and if the penalty is tough, then too fscking bad. If the laws are wrong, then make enough noise to get them changed. Like it or not, the attitude that "I don't like the law so I am not going to follow it" will do nothing to help the situation. Far from it. It will make it harder to make it any better.

  53. Like a knife by avandesande · · Score: 1

    This is like declaring a law that any attack with a knife is a terroristic act. People just fear what they don't understand. Fortunatly people understand knives, or we all would be registering our kitchen utensiles.

    --
    love is just extroverted narcissism
  54. ick by Heph_Smith · · Score: 1

    I feel sick,
    and trying to understand the changes by the act is not helping.

  55. once a year by mclinc · · Score: 1

    It's that time of year again, time to post a slashdot rant.

    What was the topic again?

    Oh yes, hacking does this count?

    --
    "Oh no, not again"
  56. Renting appartments might get hard... by aralin · · Score: 2
    No pets allowed and no internet access allowed.
    We do not harbor terrorists!

    Am I dreaming or is this country really THE America?

    --
    If programs would be read like poetry, most programmers would be Vogons.
  57. Because its not crime by Srin+Tuar · · Score: 1


    We are worried about it because it's not crime!


    In fact- security crackers should be given medals, and heralded as heroes doing an important public service: finding bugs in computer systems.


    Now as for people who try to steal money by using other peoples credit card numbers, etc: THERE ARE ALREADY LAWS FOR THAT!

  58. Growing marijuana by Karl+Cocknozzle · · Score: 1

    Another thing John Ashcroft is violently opposed to is pot. He wants life terms for growers.

    He must own stock in companies that build prisons...

    What happened to:

    "...and God made all the plants for Man to use?"

    --
    Who did what now?
    1. Re:Growing marijuana by thogard · · Score: 1

      He may own stock in private prison compaines. When Texas was beating up Missouri convicts, he didn't seem too concerned and the news then had brought up a conflict of interest. The "war on drugs" in missouri didn't go well either. After tring to wipe out all the stuff growing along the banks of the rivers (its natural enviroment), someone found out that all the highway patrols' efforts simply removed the old stuff that was selected because it made good rope (for other wars) and was replaced with some high potency stuff that leaked out of a university research lab.

  59. welcome to the New America by Dr.+Awktagon · · Score: 2

    Where disrupting business is a crime equivalent to murdering thousands.

    And the recording industry was happy because they convinced people that unauthorized duplication was somehow equivalent to theft of property or stealing from ships on the high seas. Well, I think this tops that!

    I think the USA should just take a tip from the Taliban and make all crimes punishable by death or corporeal punishment.

    And the message is clear. If you're a high school student thinking of hacking a bank web site and stealing credit card numbers, forget it, KILL THOUSANDS OF PEOPLE INSTEAD! You'll get the same punishment anyway, so do something more stylish!!

  60. Perspective? by Fembot · · Score: 1

    "...and increase the maximum sentence for computer intrusion to life in prison"

    Somebody really needs to put this in perspective... life senteces are given to serial killers, murders, rapists and peadophiles, not skr1pt k1dd13s

  61. It seems a tad broad to me... by DragonPup · · Score: 2, Insightful

    So what exactly IS hacking according to the ATA?(how ironic, it's a acrynoum, for a computer term) Seriously, how long before the DCMA is included in this? Will I face federal prosecution for telling a friend about gnutella because the program can be used for illegal stuff? Could CmdrTaco and CowboyNeal be dragged from their homes at 6 in the morning and sent to jail because Slashdot had posted a story that talks about the Microsoft security problem of the week, since that could be concieved as giving advice to hackers? I am writing my senators about this asking them to reject the overly broad terms of the ATA and computer 'hacking'. I hope a number of you do the same.

    -Henry

    --
    "Useless organic meatbag" -HK-47
  62. Re:Enough with the whining by mattdm · · Score: 2

    So therefore, one shouldn't complain about bad laws? How can bad laws possibly get changed if no one complains? How will we stop even worse laws from being passed?

  63. No additional powers for Law Enforcement by acacia · · Score: 1

    I would have to say that this is a textbook example of why American citizens must be very reluctant to grant additional powers to law enforcement. By redefining everything as a terrorist activity he makes a land-grab for all manner of unconstitutional powers.

    I don't have to tell you people what to do - the EFF site has it all - but have you notified your friends, family, coworkers/fellow students?

    --
    ~Religion is O.K., as long as it gets you laid.
  64. "Man The Barricades"? Not hardly by ~packetfire~ · · Score: 1

    Typical slashdot... over-reacting with a
    worse-case scenario, and assuming that the
    resources exist to "target" every hyper-geek
    on the planet. Tell it Mulder and Scully,
    not someone who has fewer friends alive since
    9/11/01.

    The wide powers being sought are very specific
    in intent, and I expect, application.

    While the MAXIMUM penalties for cracking may
    increase, one can safely assume that script-kiddies
    are not the focus of these "enhanced" laws.

    There are not enough Feds, not enough hours in
    the day, etc. etc.

    In fact, one can see how techno-legal resources
    will soon be re-focused and triaged
    to point away from the usual "cracking"
    foolishness, and toward more subtle activities.

    That's another "typical slashdot move" - ignore
    the actual POINT, which is that crackers are
    likely to become a law-enforcement non-issue
    for all but the most serious incidents.


    --
    Science is the art of infallibility, perpetrated upon non-scientists
  65. Re:Enough with the whining by ksw2 · · Score: 2, Insightful
    (Er, troll?)

    Crime is crime, yes, but the punishment should fit the crime. Adding a few words to a web page as a publicity stunt should not be punished in the same manner as multiple homicide, or armed robbery, or collaborating on a terrorist attack.

    I suppose you'd feel comfortable in a society where the judicial system lopped off criminal's bodyparts, as well? Or caned you silly? No thank you. As it is, I think prison should be for VIOLENT OFFENDERS ONLY. There are many ways to pass a sentence on non-violent offenders, without prison, and without impacting society in such a heavy-handed legal and financial way.

    --ksw2

  66. Defining crime as "terrorism" by DahGhostfacedFiddlah · · Score: 1

    It seems that the US government wants to define any action that might invoke fear as "terrorism". They may have a semantic point, but that's really about it. Ashcroft is trying to "broaden" the meaning of the word "terrorism" to include things that really aren't. What about rape? Murder? Burglary? Any one of these usually cause far more fear and "terror" than any computer-related crime.

    The point of this rant is - Where does crime stop and Terrorism begin? Why are computer crimes so much more global, more terrorist than any other crimes that they have to be included in laws like this one?

    Can anyone tell my why this is "terrorism"?

  67. Re:Enough with the whining by leereyno · · Score: 2

    MUST?????

    While there are many things in life that I MUST do, obey the law is not one of them. I think you're a bit confused about the meaning of the word must. Eating is a must, breathing is a must, doing what the state tells me to is not.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  68. Re:Enough with the whining by Anonymous Coward · · Score: 1, Insightful

    Stop the damned civil rights whining

    Why? Whining is about the only right we'll have left if Ashcroft gets his way.

    Any crime is bad

    Wrong. The 'American Revolution' was against the law.
    Do you think it was bad?

    while it is law you must obey it

    Wrong. I don't have to do anything. I can pee in my neighbors gas tank, I can kick his dog, I can fill cans of Starkist tuna with lye and return them to the shelf at the grocery store, I can steal lollipops from small children, I can burn the flag, I can buy a AR-15 rifle with scope and sit on top of 75 Wall Street and gun down lawyers as the come to work.

    I just have to deal with the consequences when I am done.

    As for the consequences of the DMCA, well, fuck them. I don't seriously think the MPAA is going to sue me for copying Kenshin episodes to my hard drive so I can swap the DVD-ROM for the second battery. In 1940's Germany it was the law to round up and gas Jews. Am I supposed to sit idly by while people I know are killed?

  69. Suggestion for new anti-terrorist law by acidblood · · Score: 1

    While we're at it, how about death penalty for Flash ``developers''? I know it's totally unrelated, but these Flash intros are tens of times more annoying than web page defacements. Thank God Konqueror doesn't come with the plugin installed.

    --

    Join the NFSNET. Our prime goal is making little numbers out of big ones. http://www.nfsnet.org/

  70. Re:Enough with the whining by A+coward+on+a+mouse · · Score: 1

    I bet you never jaywalk, or drive over the speed limit, or remove the tag from your mattress. Must be tough being you.

    --
    If you mod me down, I will become more powerful than you can possibly imagine.
  71. thats just about the right by drfrog · · Score: 1

    just about the right.
    as in right of center politics!

    and anyone known to eat granola is a pinko!!
    get their dna ,ask questions later!!

    that way they can sell or clone their dna!
    after all criminals make great soldiers!
    cloning deviants for terror jobs is important
    {remind me to watch soldier w kurt russell again}

    have you noticed how america and its allies
    were not on the list of known countries that support terrorism
    even though hussien, bin laden and noriega were all trained by the CIA!!!?

    what a farce all this is
    if it wasnt for the fact thousands
    were killed and hurt it would be
    laughable!

    goodbye terrorists.
    hello McCarthyism.
    um neo-McCarthyism. that is!!

    times have changed but
    keeping your citizens down isnt new at all
    any excuse to take away freedoms
    and replace with 'security'

    just look at the black panthers or the weathermen
    oh yeah mr l johnson took care of them
    {mostly be introducing pure Heroin [tm bayer co] into the market}

    those that slip through get conveinently placed into prison !

    then again america has the greatest percentage of political prisioners per captia anyhoo

    so get ready lefties, we'll be labelled 'terrorists' too .

    --
    back in the day we didnt have no old school
  72. War on Drugs is now War on Terror by Stoutlimb · · Score: 1

    And people thought the laws regarding the War on Drugs were horribly unbalanced, you ain't seen nothing yet! At this rate the free world won't even be able to piss without someone watching for "un-american" activities.

  73. Re:Enough with the whining by Popoi · · Score: 2, Insightful

    Segregation used to be a law too. The point being that if you think a law is wrong, you try to get it changed. Y'know, civil disobedience, lobbying, "The price of freedom is eternal vigilence" and all that..

  74. *Shrug* by letoram · · Score: 1

    OK Guys, don't tell anyone, but there is a huge exploit in IIS involving unicode and mischevious urls..
    *DOH*
    Ok, CIA/FBI/NSA/Whatever, I'm fairly sure I've broken the law by helping potential terrorists hack your boxes. Book me, and while you're at it, nail that nimdba virus aswell, I'm pretty sure he's crack- I mean hacking...

  75. Re:Enough with the whining by avalys · · Score: 1

    No, actually I do the first two of those things quite a lot. But I've never felt the need to remove the tag from my mattress.

    --
    This space intentionally left blank.
  76. Does that include ... ? by Lumpish+Scholar · · Score: 5, Funny

    Anyone making life easier for a "hacker" (cracker) could be sentenced to life without parole?

    Bill Gates had better pack his bags now! ("... the most cigarettes.")

    --
    Stupid job ads, weird spam, occasional insight at
  77. Put it in perspective by t_allardyce · · Score: 1

    Allot of hacks happen because companies have bad security. If there was an out-break of bank robberies that happened to coincide with most banks switching to a new type of vault called MS-Safe(tm) then the police would advise them to improve security.

    You should be able to do whatever you like in your own home (or endangering lives), with your own computer, as long as your not accessing another machine outside your house with out permission. That means cracking DSS, eBook and anything else - If these people can't produce a decent system (eBook cp system would never work anyway) then thats their problem.

    --
    This comment does not represent the views or opinions of the user.
  78. Ashcroft wants some DNA? by Inthewire · · Score: 1

    ...force convicted hackers to give the government DNA samples...

    All he has to do is save what comes out when he gets done blowing me. All the DNA he can use.

    --


    Writers imply. Readers infer.
  79. is it just me... by fanatic · · Score: 2

    ...or is securityfocus.com one of the slowest, ugliest websites anywhere?

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    1. Re:is it just me... by fobbman · · Score: 1

      No, it's not just you. Securityfocus is just as slow and ugly as you are. ;)

  80. Re:This is what we've need for a while now by Hertog · · Score: 1

    Define "For A While".
    Once enacted, this will not be easilly turned around.

    For a while: When they got Bin Laden? Don't think so, more fanatics like him out there.

    --
    -=- I heard rumours about an OS called "Social Life", heard of it? Is it stable? -=-
  81. Did terrorist actually use anything hightech? by Tachys · · Score: 2, Redundant

    I just want to know as anyone found any evidence of terrorists using anything "high tech" for WTC?

    The highest tech I have heard of is using email at Kinko's.

    1. Re:Did terrorist actually use anything hightech? by ttyRazor · · Score: 1

      Of course not. Compared to what happened in New York and Washington, "cyberterrorism" is a trivial and pointless video game. They are putting far too much weight on their stupid little toys and are ignoring real world threats against actual lives and property.

    2. Re:Did terrorist actually use anything hightech? by 1010011010 · · Score: 1

      Add the word "again" to the end of your post.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  82. Re:Enough with the whining by A+coward+on+a+mouse · · Score: 1

    But jaywalking is against the law, and driving over the speed limit is against the law, and as long as they are, you MUST obey the law.

    --
    If you mod me down, I will become more powerful than you can possibly imagine.
  83. Re:Enough with the whining by avalys · · Score: 1

    I'm not saying that the DMCA shouldn't be changed/repealed simply because it is law. I'm saying that is should be obeyed while it still is.

    --
    This space intentionally left blank.
  84. Re:Vuglar comment reply by tonywong · · Score: 1

    i mean vulgar of course... :)

    so much for the funny

  85. What is the difference... by pmancini · · Score: 1

    Between advising the public of a vulnerablity and aiding and abetting criminal crackers? Is securityfocus.com going to have to shut down because they discuss vulnerabilities?

    --Peter

  86. Re:The answer is simple by Anonymous Coward · · Score: 1, Insightful
    Don't use known cracking tools and 'sploits.
    What's a cracking tool? tcpdump can be used to obtain passwords, or to determine who is using 95% of your network bandwidth. Is it a cracking tool? And using sploits is actually part any decent sysadmin's job - how do you know you're safe from a vulnerability until you get try it?
    Don't tell people how to take advantage of vulnerabilities, with the intent of helping others cause harm.
    It's like sex - people are going to do it whether you talk about it or not. The problem is that bad things happen when you don't talk about it: with computer security only the "bad guys" know about vulnerabilities. I'd rather have a secure system than a teenager who defaced a geocities site in jail for the rest of his life.
  87. Why shouldn't hacking be considered terrorism? by Starship+Trooper · · Score: 1
    The Internet has become the circulatory system of our nation's economy. We depend on the security of the sites we visit in order to enjoy the benefits of the Web. When the performance of the Internet is disturbed by DDoS attacks on high-profile sites such as Yahoo, eBay, or Windows Update, or by outbreaks of worms such as Code Red and Nimda, everyone suffers. The only way to stifle the motivation of hackers is to impose harsh sentences on hacking, and make sure that hackers realize the severity of their actions. When a person only receives 8 months of jailtime for a DDoS, or is even given a job for exploiting a hole in some software, it only encourages more hackers to come into the fray and ruin the Internet for us all.

    While some of you may blithely blame Microsoft, Red Hat, or other software vendors for producing buggy software in the first place, it is a fallacy to do so. I doubt any of you could work on a piece of software as complex and elegant as IIS without letting a few bugs slip through QA once in a while. It should not even be necessary to check for exploits in software; hackers shouldn't be trying to hack server software in the first place. The people who do this must be tracked down and brought to justice before they can wreak havoc on the Internet. Holding our software vendors, the heart of the new economy beholden to such unnecessarily high software quality standards, only decreases their productivity and cause time that could be better spent innovating to be wasted on fixing problems that are only there because of hackers. Eliminate the hackers, and software technology will be able to progress much faster than ever before.

    We should call out for vengeance upon the hackers who disrupt the Internet just as much as we call out for vengeance on real terrorist. Deterrence is the only way to keep the Internet safe for businesses and people to use. John Ashcroft and the entire Bush administration are clearly working in the best interests of Americans now and in the future with this new legislation. Instead of complaining, we should be celebrating the eve of a hacker-free Internet.

    --
    Loneliness is a power that we possess to give or take away forever
    1. Re:Why shouldn't hacking be considered terrorism? by DahGhostfacedFiddlah · · Score: 1

      troll....I'll bite.

      The Internet has become the circulatory system of our nation's economy.

      Highways have become an integral party of our nation's economy.

      We depend on the security of the sites we visit in order to enjoy the benefits of the Web.

      We depend on the speed and direct route provided in order to enjoy the benefits of these big roads.

      When the performance of the Internet is disturbed...

      When the performance of these roads are disturbed by people who drive too quickly, too slowly, or otherwise disrupt traffic...

      The only way to stifle the motivation of hackers is to impose harsh sentences on hacking,

      The only way to stifle the motivation of such bad drivers is to impose harsh sentences on bad driving.

      When a person only receives 8 months of jailtime...

      When a person only receives a ticket for speeding, it only encourages more bad drivers into the fray, and ruin the roads for us all.

      You get the idea. Let's have life in prison - no parole - for anyone going over the speed limit. I'm not against punishing computer crime, I'm against the punishment not fitting the crime.

    2. Re:Why shouldn't hacking be considered terrorism? by DahGhostfacedFiddlah · · Score: 1

      Because you remove two lives in the process - the dead, and the driver. The driver effectively loses his life, but the state pays to keep his body alive.

    3. Re:Why shouldn't hacking be considered terrorism? by nnet · · Score: 1
      ...I doubt any of you could work on a piece of software as complex and elegant as IIS without letting a few bugs slip through QA once in a while. It should not even be necessary to check for exploits in software; hackers shouldn't be trying to hack server software in the first place...

      Confusing IIS with elegance is a misnomer at best, at worst it shows the typical ignorance of inexperienced, uneducated IIS admins. Its no secret Microsoft's FIRST priority in product releases isn't security, to wit: Win95, IIS, IE, OE...etal, ad infinitum.

      Explain why hackers shouldn't hack server software? Maybe you LIKE using deficient software, and are afraid to use more secure alternatives (ie; APACHE). How did you think Apache's security record got where it is today? By NOT hacking at it? Do you think innovation comes ONLY from corporate R&D labs?

      What utter ignorance.

      Damned troll.

    4. Re:Why shouldn't hacking be considered terrorism? by WildBeast · · Score: 1

      People who drive too quickly, too slowly, etc. can be compared to users with 33.6k, 56k, cable modem users, etc.

      Now terrorists on the other hand, will place a bomb to deny access to the highway just like Crackers use DoS attacks to deny access on a website.

      Yes, crackers are definitively terrorists.

    5. Re:Why shouldn't hacking be considered terrorism? by Starship+Trooper · · Score: 1
      No, it is your ignorance that shines through your terribly misinformed comment. Dismissing IIS or any software simply because it is not "open-source" is a terribly closed-minded thing to do. IIS, especially the new version included in the Windows.NET servers, is a great platform; its elegance lies in its industry-standard ASP web application platform and its ease of maintenance. It is most certainly secure when administered properly.

      Veering back on-topic, hackers shouldn't hack server software because, by doing so, they cost their victims untold millions of dollars, as patches need to be developed and deployed and damage needs to be assessed. Think of all the new features that developers could add to Apache if they weren't constantly swamped with the incessant flow of exploits waiting to be patched; it would be a far better server platform.

      --
      Loneliness is a power that we possess to give or take away forever
    6. Re:Why shouldn't hacking be considered terrorism? by ttyRazor · · Score: 2

      As I said in an earlier post, compared to what happened in New York and Washington, "cyber-terrorism" is a trivial and pointless video game. The "damage" caused by stupid DoS attacks is a mere annoyance compared to being ripped apart by randomly placed explosives or kamikaze airliners.

      Nice troll, you almost had me until you called IIS "elegant", but just in case you actually convinced someone I figured I should feed you anyway.

    7. Re:Why shouldn't hacking be considered terrorism? by IronChef · · Score: 2


      Wow, that "IIS" sounds fantastic, since I need an elegant industry-standard application platform. Do you have any brochures?

    8. Re:Why shouldn't hacking be considered terrorism? by DahGhostfacedFiddlah · · Score: 1

      Too quickly/too slowly isn't quite modem speed, it's more along the lines of bandwidth hogs, although there's no good analogy I can think of right now.

      But crackers don't destroy the path, they just block it. A bomb destroys lives, and the infrastructure takes a long time to recover. Unless someone's somehow damaged hardware like this, I'd say it's more akin to piling up a bunch of garbage on the road. A crime - but no terrorist act.

      How about people who block roads to protest various activities? Are they terrorists? I'm not saying that acts that could be considered "terrorism" can't be perpetrated purely in cyberspace (taking out the NYSE, banks, whatever), but it's hardly fair to lump those in with the people who figuratively put up a few illegal roadblocks.

  88. Catch-22 by TroyFoley · · Score: 1

    If it's retroactive, then the U.S. ought be treated as we're looking to treat Afghanistan for harboring our terrorist-hackers.

    --
    After I have received the wisdom of good teaching, I will untiringly teach all people. - The Teachings of Buddha
  89. Dangerous Definition by dprust · · Score: 1

    The US government does not understand computer technology enough to prosecute fairly in the case of cracking crimes. This is dangerous indeed, for their misunderstandings can lead to some pretty severe injustices.

  90. The difference by snilloc · · Score: 3, Insightful
    This is not ex post facto because the acts performed were crimes at the time they were committed.

    It's still stupid though.

    1. Re:The difference by ncc74656 · · Score: 2
      This is not ex post facto because the acts performed were crimes at the time they were committed.
      <devils-advocate>
      Assuming for the moment that somebody in the distant past did commit some sort of computer crime that was on the books at the time (or any other crime, for that matter), if the statute of limitations has already expired, wouldn't conjuring up a law to extend/abolish the statute of limitations for the purpose (express or implied) of going after such an individual still run afoul of something? If not the prohibition on ex post facto laws, isn't there something else that would apply?
      </devils-advocate>

      (IANAL, of course, so I could be completely off-base on this.)

      --
      20 January 2017: the End of an Error.
    2. Re:The difference by snilloc · · Score: 1
      Sadly, I have seen this sort of thing before.

      When I interned at a govt office, there was a guy trying really hard to get citizenship. (Here on a work visa). However, he had done something retarded to violate the law. Previous to a change in the statute, this would only have prevented him from applying for citizenship for a period of time, like 10 years or so. He committed his infraction before the change in law, but unfortunately, they changed the law before his penalty period was up, so now he can never become a US citizen (short of a relaxation of immigration laws... something that's not likely to happen any time soon, ... 9/11/01)

  91. This bill is way too much by matty · · Score: 1

    Any crime is bad! That includes computer crime!

    So if I crack your server and put MATTY RULEZ!! on your web page, I should go to prison for life? The point is we already have laws against this type of thing. In my opinion, this flies in the face of the basic Republican argument that we need less government and not more. Republicans constantly make this argument with respect to gun laws (and I happen to agree with that).

    The DMCA may be evil, but while it is law you must obey it!

    Bullshit. A bad law is a bad law. Many people drank alcohol during Prohibition because they knew it was a bad law and also because they knew they were otherwise law-abiding citizens and having a beer after work definitely wasn't a crime.

    Computer crimes are crimes, but I shouldn't be sent to jail for life because I cracked and copied a DVD so I could take it on a trip, saving the original at home in case the one on my trip got damaged. The actual crime should be illegal, like breaking into the FBI and stealing info, or cracking a DVD to sell them to people, or to simply get the movie without paying for it.

    It is truly sad, IMO, that the current administration is using this horrible tragedy to further political and corporate goals under the guise of "protecting us". Don't get me wrong, even though I didn't vote for him, I fully support the Bush administration in this war on terrorism. But that doesn't mean they get carte blanche with me to do whatever they want.

  92. Re:Enough with the whining by __aavonx8281 · · Score: 1

    um, civil disobedience was what? wrong? Ghandi didn't obey the law, civil rights workers didn't obey state law in the 60's in the South, draft dodgers didn't obey the law. I think there are perfectly justifiable reasons to DISOBEY the law. Republishing the DeCSS was against the law but tons of people did it. Law isn't always right. It used to be against the law for women to vote. Law is an evolutionary thing, and sometimes it takes some judicious law breaking to get things right.

  93. you mean like this one? by Si · · Score: 1

    http://news.cnet.com/news/0-1005-201-4376193-0.htm l

    --


    Why is it that many people who claim to support standards have such atrocious spelling and grammar?
  94. Re:The answer is simple by BlowCat · · Score: 2

    I really wish that I had mod points to mod you up. But please keep in mind that it's sometimes very hard to prove that you had only good intentions when you were posting an exploit to a mailing list after some bastard uses it to blow up a shopping mall before Christmas.

  95. civil disobedience... by pinkelefant · · Score: 1


    thats what should happen to put an end to all this..Let millions of people voluntarily break the laws .How many can they arrest ?

    Learn from the Mahatama .

    --
    Feel free to concat me with all your troubles...
  96. looks like immigrations will be working 'overtime' by zentex · · Score: 1

    interesting tid bit that wasn't mentioned:

    SEC. 503. LIMITED AUTHORITY TO PAY OVERTIME.

    The matter under the headings "Immigration And Naturalization Service: Salaries and Expenses, Enforcement And Border Affairs" ... ... ... is amended by striking the following each place it occurs: "Provided, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 2001:".

    Looks to me that the Govt is saying "if we cant hire more staff, let's work 'em to death and give them time and 1/2 to no limit"... how many people here actually read the bill? I did...From reading the comments it looks like most posters take the 'heresay' from the original post and flame off that..

    --
    Appended to the end of comments you post. 120 chars.
  97. Phil Zimmerman harbors TERRORISTS by KingAzzy · · Score: 1, Insightful

    It is obvious that Phil Zimmerman by refusing to consider placing government back-doors in his PGP software is willfully aiding terrorist activity and thus based on this proposed legislation should be locked away for life for his crimes against civilized society.

    Jon Johansen should immediately pack his bags and disappear to someplace like Argentina due to his work in the massively damaging DeCSS virus.

    This is just absurd. Will it survive? Is it just FUD? What the fuck is happening in this world? Where to run? Where to hide? The only option would seem to be Antarctica.

    OTOH, worms like Code Red and Nimda will rapidly continue to evolve and become more and more damaging and something very strong will have to be done at some point to check this exponential evolution of worms and distributed DoS attacks if we want the Internet to continue to exist.

    --

    --
    $ chown -R us:us yourbase

  98. Re:My God. WAKE UP by WildBeast · · Score: 1

    No, the government isn't that crazy. MS won't be held accountable, because flight schools were those people trained weren't held accountable and people who gave them a place to live weren't held accountable. The only way you can be held accountable is if you knew their intentions to begin with and helpded them anyway.

  99. Re:The answer is simple by Laplace · · Score: 3, Insightful
    It isn't that simple. Consider the case of Randall Schwartz. In my opinion, he clearly broke the law and paid for it. The ruling was fair, he learned his lesson, and he still manages to make many positive contributions to society.

    What you're saying is that smart people like him, who sometimes use a little poor judgment, should be given life sentences in prison? You're saying that was Randall did is on the same level as murder?

    --
    The middle mind speaks!
  100. MATA? by Derek · · Score: 1

    Did anyone else notice that this bill was originally called the "Mobilization Against Terrorism Act (MATA)?"

    Matar is the spanish verb "to kill". The conjugated form, mata, means he/she/it kills.

    Intentional? Conincidence? Horrible irony? I don't know. I wonder if that was the reason the name was changed.

    -Derek

  101. Not broad enough! by kindbud · · Score: 5, Flamebait

    Testifying before the House Judiciary Committee, Ashcroft defended the proposal's definition of terrorism. "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

    Seems like this bill needs to be broadened to include itself and John Ashcroft, both of whom seem hell-bent on changing the purpose of government.

    --
    Edith Keeler Must Die
  102. Another DMCA... by imgaming.com · · Score: 1

    Harboring or providing advice to a hacker would be terrorism as well

    Hmm... So if you socially engineer some dumb secretary, they're gonna be your cellmate as well?

    Just a thought...

    I Think the government is going too far, and before you know it, there are gonna be loopholes for the crackers, and the hackers are gonna get screwed.

  103. List of contacts by GigsVT · · Score: 5, Informative


    Judiciary Committee List
    Name, party, state, phone, fax, e-mail.

    James Sensenbrenner, Chair, R-WI, (202) 225-5101,(202) 225-3190,sensen09@mail.house.gov
    Henry Hyde, R-IL, (202) 225-4561, (202) 225-1166.
    John Conyers Jr., D-MI, (202) 225-5126, (202) 225-0072,john.conyers@mail.house.gov
    George Gekas, R-PA, (202) 225-4315, (202) 225-8440, askgeorge@mail.house.gov
    Barney Frank, D-MA, (202) 225-5931, (202) 225-0182
    Howard Coble, R-NC, (202) 225-3065, (202) 225-8611, howard.coble@mail.house.gov
    Howard Berman, D-CA, (202) 225-4695, (202) 225-3196,Howard.Berman@mail.house.gov
    Lamar Smith, R-TX, (202) 225-4236, (202) 225-8628
    Rick Boucher, D-VA, (202) 225-3861, (202) 225-0442,ninthnet@mail.house.gov
    Elton Gallegly, R-CA, (202) 225-5811, (202) 225-1100
    Jerrold Nadler, D-NY, (202) 225-5635, (202) 225-6923, jerrold.nadler@mail.house.gov
    Bob Goodlatte, R-VA, (202) 225-5431, (202) 225-9681,talk2bob@mail.house.gov
    Bobby Scott, D-VA, (202) 225-8351, (202) 225-8354
    Steve Chabot, R-OH, (202) 225-2216, (202) 225-3012
    Mel Watt, D-NC, (202) 225-1510, (202) 225-1512, nc12.public@mail.house.gov
    Bob Barr, R-GA, (202) 225-2931, (202) 225-2944, barr.ga@mail.house.gov
    Zoe Lofgren, D-CA, (202) 225-3072, (202) 225-3336, zoe@lofgren.house.gov
    William Jenkins, R-TN, (202) 225-6356, (202) 225-5714
    Sheila Jackson Lee, D-TX, (202) 225-3816, (202)225-3317, tx18@lee.house.gov
    Christopher Cannon, R-UT, (202) 225-7751, (202)225-5629, cannon.ut03@mail.house.gov
    Maxine Waters, D-CA, (202) 225-2201, (202) 225-7854
    Lindsey Graham, R-SC, (202) 225-5301, (202) 225-3216
    Marty Meehan, D-MA, (202) 225-3411, (202) 226-0771, martin.meehan@mail.house.gov
    Spencer Bachus, R-AL, (202) 225-4921, (202) 225-2082
    William Delahunt, D-MA, (202) 225-3111, (202)225-5658, william.delahunt@mail.house.gov
    John Hostettler, R-IA, (202) 225-4636, (202)225-3284, john.hostettler@mail.house.gov
    Robert Wexler, D-FL, (202) 225-3001, (202) 225-5974
    Mark Green, R-WI, (202) 225-5665, (202) 225-5729, mark.green@mail.house.gov
    Tammy Baldwin, D-W, (202) 225-2906, (202) 225-6942, tammy.baldwin@mail.house.gov
    Ric Keller, R-FL, (202) 225-2176, (202) 225-0999
    Anthony David Weiner, D-NY, (202) 225-6616, (202)226-7253
    Darrell Issa, R-CA, (202) 225-3906, (202) 225-3303
    Adam Schiff, D-CA, (202) 225-4176, (202) 225-5828
    Melissa Hart, R-PA, (202) 225-2565, (202) 226-2274, melissa.hart@mail.house.gov
    Jeff Flake, R-AZ, (202) 225-2635, (202) 226-4386

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
    1. Re:List of contacts by GigsVT · · Score: 1

      Sorry to reply to myself, but here is some more info.

      This bill is going to go up for modifications TOMMOROW MORNING, WITHOUT PUBLIC INPUT... just a short discussion on civil liberties implications...

      YOU MUST ACT NOW...

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:List of contacts by GigsVT · · Score: 1

      Quite Right you are, but the judicial comittee has a chance to kill the bill outright, if it makes it to the floor it will just get a lame voice vote where everyone will yell Aye really loud and that will be that. Our best chance is to stop this while it is still in comittee.

      Besides, if you, or whoever that was, thought it important, they should have at least posted it logged in so it would be at 1 rather than 0... we all know the moderators don't browse correctly to be able to see anonymous posts 95% of the time.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:List of contacts by dh487 · · Score: 1

      What I faxed (others feel free to use it as well)

      Please carefully consider the parts of the proposed Anti-Terrorism Act of 2001 (ATA) (Sep. 19, 2001) that deal with computer "terrorism". As currently worded, the act is so broad as to encompass a number of activities that are currently part of everyday research in computer security issues. First, the definition of a protected computer encompasses nearly every computer currently on the internet. From Title 18 Chapter 47 Sec. 1030

      (d)(e)(2) the term ''protected computer'' means a computer -
      (A) exclusively for the use of a financial institution or the
      United States Government, or, in the case of a computer not
      exclusively for such use, used by or for a financial
      institution or the United States Government and the conduct
      constituting the offense affects that use by or for the
      financial institution or the Government; or
      (B) which is used in interstate or foreign commerce or
      communication;

      Under section (B), any computer running e-mail (interstate communication) qualifies.

      Second, I have grave concerns about the implications of the aiding and abetting section on published research in security circles. Computer professionals depend on knowledge and skill. Knowledge we get from published accounts of vulnerabilities. If providing information on how to break into a system (and therefore how to secure it) become punishable by a maximum of life in prison, then I imagine such information will become quite scarce. And this will not make our computer systems any more secure. On the contrary, security will become more difficult for law abiding citizens.

      Especially since there is no test of intent in finding someone guilty of "aiding and abetting," the effects of this component of the proposed law will be quite detrimental to the ability of computer professionals in the United States to secure our systems and stay current on threats to computer security and vulnerabilities in existing systems. And this will harm the nation competitively, as well as make our information infrastructure even more vulnerable to terrorist attack.

      I propose that wording be added to the Anti-Terrorism Act of 2001 (ATA) (Sep. 19, 2001) that would explicitly exempt speech from qualifying as aiding and abetting terrorism. Further, I would urge the committee consider exempting computer security research specifically, including publication of vulnerabilities, from being considered aiding and abetting terrorism, and specifying in far greater detail what a protected computer system is and what level of damage must be intended or accomplished to qualify for prosecution under the proposed act, as well as activities that are exempt. Please avoid having this act become an example of the law of unintended consequences.

      Daniel Hindes, Systems Administrator
      8801 Cedros Ave. #14
      Panorama City, CA 91402
      dhindes@earthlink.net

  104. I'd love so see some of these bastards go down by twitter · · Score: 2
    Yes, I'd get a real kick out of seeing some script kiddies get hauled off. I hate all of the port scans I get, especially considering the reason is generally to set up a warez site. Distributing MS trash or "Planet of the Apes" by compromised computer is a double crime! You can throw in all those pesky syadmins from @Home while you are at it. Oh, if only we could spank the folks who write cracker tools. I'd like to consider my little subnet a collection of "protected computers" and see my government smash the folks that would abuse it.

    I doubt this bill would give me that and I'm not willing to pay the price asked even if it would. Uncle Sam will make his own definition of "protected computer" and it aint me. Enforceability? What a joke. Why should I trade non existent protection for further erosion of the security of my property, papers and personal effects from unreasonable search and seizure?

    Anger and vengence are poor advisors and they make bad laws. This set of laws are hyserical.

    --

    Friends don't help friends install M$ junk.

  105. So let's do something about it by GrouchoMarx · · Score: 5, Informative
    OK, a lot of people are crying that the sky is falling, that the jack-booted Nazis are at the gates in Washington (both the East Coast one and the West Coast one), that the totalitarian Big Brother is at hand. Is it? Hell, I don't know, but I'd rather not find out. This is still a democracy, folks, that means YOU have power. Even between elections, you have power. Because politicians, whatever else they are interested in (money, power, actually helping people, getting blowjobs from secretaries), are interested first and foremost in one thing: Getting reelected. Make them think that if they pass something asinine and unconstitutional, that there WILL be repercussions. Yes, scare the bejebers out of your congressman/woman and senator.

    It takes TEN letters (dead tree letters, email gets deleted immediately) for a Senatorial office to open an issue. TEN. (According to Illinois Senator Dick Durban.) And regardless of the advertising and commercials that politicians raise huge war chests to fund, on election day it is YOUR VOTE that decides who ends up in DC. (East Coast, you have no say over the West Coast one.)

    I'd like to issue a call to everyone who posted something modded up to 3 or above: Write a letter to your representatives with the same level of intelligence and Interesting/Insightful content. Write it once and send it three times, once to your Congressperson, and once to each Senator. Fax it if you'd prefer. (Snail mail and fax are what they like the most.) Keep it to one page. Reference the Constitution. Refer to yourself with your most impressive title. (Professor, Ph.d, Senior Engineer, Graduate Student, Independent Developer) and as a registered voter. In the name of the Tux do not tell them that you don't vote, even if that's the case (in which case you should be ashamed of yourself). Then when the next election rolls around, ignore the commercials, take an hour to do your own research, and vote for the candidate that did not support revoking the 4th Amendment and violating Ex Post Facto. It works. (See also: Former Senator Alan Dixon)

    For those of you in countries outside of the US, the same applies to you. The Canadian, British, Australian, French, German, etc. governments are all popularly elected as well. (At least the active parts of the British government, anyway.) Politicians are the same everywhere. The same tactics apply. Use them. If you don't, you have no one to blame but yourselves.

    --

    --GrouchoMarx
    Card-carrying member of the EFF, FSF, and ACLU. Are you?

    1. Re:So let's do something about it by GrouchoMarx · · Score: 2

      The Washington on the West Coast, not the DC on the West Coast. The West Coast Washington is a state, a state in which there is a city called "Redmond", in which is another evil anti-consumer entity. You may have heard of them.

      --

      --GrouchoMarx
      Card-carrying member of the EFF, FSF, and ACLU. Are you?

  106. I'd Complain But... by Greyfox · · Score: 2
    We're already at the point where everything not prohibited is mandatory and there's no way you can go through your day-to-day life without breaking some law or other which may or may not be enforced arbitrairly against you. If our technological edge slides too far and the USA seems like it's in danger of becoming a third world country due to these stupid laws, I'll just move to some more sensible country.

    Of course Congress is also showing quite a bit of reason in the face of Ashcroft's demands, too, so maybe calmer heads will prevail. Though I tend to be a glass-is-half-empty kind of guy when it comes to such things.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  107. security through imprisonment. by _ph1ux_ · · Score: 4, Funny

    John Ashcroft announced today that the NSA has devised a fool proof deterance to E-terrorism. The new method is called Security-Through-Imprisonment, or STI.

    The premise of STI is that civilian and military systems dont need to be secured, but instead laws need to be put in place that will require life sentances for so much as a failed telnet login attempt.

    In response to our questions Ashcroft had the following statement: "Everyone is aware that securing Microsoft products is as futile as the war-on-drugs(TM), so we decided that rather than attempting to fix the systems - we will just send these E-Terrorists to prison for life for their crimes against Freedom(R). It is important for us to protect-our-children's(TM - H. Clinton) future in the wake of this terrible tragedy. Our new policy is called "If you cant do the right thing, then just do something"

    1. Re:security through imprisonment. by kaxman · · Score: 1

      insightful? funny...that's not what i thought...

      --
      Everyone on slashdot has a journal.
    2. Re:security through imprisonment. by Biker+Jim · · Score: 1

      Ah, man that was a beauty. Needed a chuckle,precious little humor going around lately. Hey uh i reccomend "a pen warmed up in hell" by mark Twain. His ability to show the ridiculous disarmed many a would be tyrant. That was a scathing,short, deft stroke there sirrah and i salute you! Please keep blasting away and don't hide your light under a bushel basket as samuel would of said. Get out ther and kick some ass.
      JS

    3. Re:security through imprisonment. by _ph1ux_ · · Score: 1

      zactly... dont know why it was mod'd at insightful. was sposed to be funny/ironic.

    4. Re:security through imprisonment. by Steeltoe · · Score: 1

      In America, this is reality for millions of humans. Private prison manufacturers are building prisons faster than the government can fill them. This Act is only part of a larger plan aiming to put every american that the public will accept into prison. It will fill their pockets more quickly, so it's a win-win situation for both the government and the private sector (cheap labour among other things). It's also good for rural communities, as the economy from a local prison can sustain them.

      It's not so funny as it is sad. When will people learn that a system, a bunch of rules, cannot replace common sense? This is what arrogance brings. More and more people in America are being stripped of their rights every day. You critizised the USSR, but it seems you still haven't gotten rid of slavery. Capitalism seems blind to human suffering and to compassion. IMHO, it's time to believe in something else, something more humane than the american dream.

      - Steeltoe

  108. Where does it all end? by ocie · · Score: 1

    If the hacker attended university, go after the professors. If he/she were self taught, go after the authors of whatever computer books they might have. Scary.

    --
    JET Program: see Japan, meet intere
    1. Re:Where does it all end? by Regolith · · Score: 1

      I guess that would mean that you could go after Microsoft as well, since some of "their" (collective) knowlege may have come from the Windows Help files or personal use and experimentation with the OS.

      --

      Bow before my sig, for it is good.
  109. Who here knows how to... by slackr · · Score: 1

    hijack a jet with a computer program? Get it?
    These comments are about crime, but Ashcroft is about terrorism. How many hackers have killed people? Let's not get offtopic here. Ashcroft sounds like a paranoid lunatic! There is absolutely no parallel between hacking and the WTC attack. This is just another right-wing attempt to use the tragedy to push their agenda (see crypto stories, face recognition...)
    It's not only unjust, it's an outrageous political manuever whereby Ashcroft wants to capitalize on the deaths of thousands of innocent people. I'm sickened.

    --

    * Please do not read my signature.
    1. Re:Who here knows how to... by WildBeast · · Score: 1

      Are you implying that computer creatures aren't as valuable as human lives? Are you? :)

  110. Re:lamb, anyone? by chinton · · Score: 1

    You need to grow some balls and learn to oppose some things that just "aren't right."

    heh -- coming from an Anonymous Coward.

  111. Lawyers!! by Peridriga · · Score: 1

    Time to pay for some more lawyers and get ready for alot more "authorization" forms..

  112. *sigh* How immature. by Starship+Trooper · · Score: 1
    Dismissing me as a troll only proves that you are small-minded and petty. It is apparently easier for you to dismiss differing opinions as a "troll" (whatever that is) than it is to have an open mind and understand other people's feeling.

    As for your highway argument, keep in mind that bad drivers account for 300 deaths yearly in Florida alone, due precisely to lenient driving laws. While a few hundred may seem petty, keep in mind that if you proportion that number to the entire population of the United States, nearly 10,000 people die yearly from poor driving. Perhaps stricter laws would help, after all.

    --
    Loneliness is a power that we possess to give or take away forever
    1. Re:*sigh* How immature. by DahGhostfacedFiddlah · · Score: 1

      If it was a genuine argument, then I apologize for the "troll" label.

      As for your own highway argument, I agree that something should be done. I just disagree that stricter laws would help that much. *Enforced* laws would help.

      How many times do you go over the speed limit. Maybe you don't, but nearly everyone I drive with consistently drives over the speed limit. They're caught speeding maybe once a year, if that. It's because the laws aren't enforced. If you increased the penalty to 6 months in jail, but only one person in a thousand was charged, let alone convicted - of course people ignore the law.

      If, on the other hand, one was charged every time their speedometer tipped over the speed limit, you'd see speeding drop to nearly zero.

      The same goes for crackers. If there were more people enforcing computer-crime laws, and people were charged more often, there would be less computer-crime - especially among script-kiddies.

      I guess the point I'm trying to make is that a consistent slap on the wrist is more effective than the occasional punch to the face.

  113. What did we do? by lowtekneq · · Score: 1

    Where does he get off putting us in the same group as these bastards? Its one thing to something for your own knowledge that does doesn't hurt anyone (and whats his idea of "hacking" anyway") and something completly different to kill hunderds of inocent people. Personally if it wasn't for hackers the internet wouldn't be as widespread as it is today. Its scary how much the masses are under-educated and will believe anyone that says that hackers can get "inside your computer" (what would they take) and then support backdoors in windows that alow the NSA to have taps on you if they want (now what if someone stumbled upon that?) Personally i would like to know how the US plans to impose laws on the net. Is the US government going to send troops into say Switzerland if they find out someones been stealing the super secret Tang recipe from nasa.gov? What can we do to stop BS like this from becoming a law?

    --
    Carpe meam simiam!
    1. Re:What did we do? by phreakinb · · Score: 1

      We did nothing.. All of the high congress authority or whatever freaked out and now want tighter securty.. Ashcroft just wants to blame hackers for the faults of the world.. To take pressure off him.. Maybe he thinks that if hackers harm computers they can harm people.

  114. Sure, but what can we do? by Rimbo · · Score: 4, Insightful

    Democracy is not a spectator sport. We have to get involved. Who do we write to? Who do we call? Who can we contact to see that this doesn't stand?

    1. Re:Sure, but what can we do? by unformed · · Score: 2

      How the hell is this funny? Insightful, yes, but not funny.

      (I'd mod you up for Insightful but I don't have any mod points....)

    2. Re:Sure, but what can we do? by _ph1ux_ · · Score: 1

      I agree and dis-agree.

      if freedom is something that we have to proactively go after, then WHY THE F**K cant the people setup to be representatives go after the peoples opinion.

      it makes no sense. you are saying that we have to get involved, who do we write to, blah blah. why shouldnt /. (or something like it) be mandatory reading for the house and senate. I mean come on - this is actually us being in the victim role. we need to get those idiots like hillary to stop living in the reality that they beleive to be true - and start reading what we actually have to say. (and I specify reading because of the history of media twisting what people say by editing the video and sound of the statements).

      these people need to listen or get fired. I dont give a shit about the gore or bush or clinton family of politicians... but I do care about my, and every other persons true rights.

      with the state of the government and the politicians today - these people need to lose their jobs and their "life long salary" (yes every member of congress pulls the same salary they were paid for LIFE - thats why they dont fix soc. sec.)

      wake up peeps. these people are not benevolent reps. they have their best interest first - and what we think as logical does not enter the minds of those in charge.

      deny it as you must - but the truth iis that congress is a bunch of old bastards that are more concerned with giving eachother a pat on the back and congradulating themselves for thing that matter not.

      flamebait BAH! know the truth.

    3. Re:Sure, but what can we do? by Rimbo · · Score: 1

      "Democracy is not a spectator sport" is kinda funny. It made me smile the first time I read it.

    4. Re:Sure, but what can we do? by Rimbo · · Score: 2

      if freedom is something that we have to proactively go after, then WHY THE F**K cant the people setup to be representatives go after the peoples opinion.

      The answer is obvious, and was well-known by the Founding Fathers of our country: Because power corrupts. Among the other philosophers, the founders of the USA were fans of Thomas Hobbes, who had a dim view of human nature.

      This is why "the cost of freedom is eternal vigilance" (Jefferson). Freedom in life always implies responsibility. And in this country, the individual freedoms we enjoy demand individual responsibility to ensure that those freedoms are defended, and not just through voting once every two or four years.

      It's just like when you first move away from home and discover that no one will do your laundry and cleaning for you. When you live in a democracy someone WILL make policy for you -- but if you don't get involved, expect it to be a policy you don't like.

    5. Re:Sure, but what can we do? by Molf · · Score: 1

      "Democracy is not a spectator sport"
      Isn't it? What about those of us who are under 18? We are about as powerful as a glass hammer. Anyone who cannot vote can simply be ignored. Maybe we'll vote for somebody else in the future, but it's a little late then. Those politicians who care more about reelection than doing the right thing are still going to ignore us until then. I look at what is happening to the world, and it sometimes makes me cry.
      1 year left, but there will always be a significant sample of the population who are simply ignored. For us it's never been a democracy. It's a dictatorship. Who knows, maybe in a couple of decades it will be for everyone else...

  115. Re:lamb, anyone? by chinton · · Score: 1

    No, you have missed my point completely. The prevailing opinion around here is exaclty what I said: "I don't like the law, so I am going to break it". The law is being passed through the legal channels and it needs to be opposed through the legal channels.

  116. DNA samples? by Lish · · Score: 1

    How exactly is having a DNA sample supposed to help track down/prosecute/whatever hackers? DNA evidence is only useful when a physical crime has occurred. If Joe Cracker breaks into some server, there's no DNA left behind to compare to some national database of criminals to track him down, or help convict him. What's the purpose of it? How can they justify that?

    If someone can fathom a usefulness for this, please enlighten me.

    --
    "This message is composed of 100% recycled electrons."
  117. Who is a hacker by jaxes · · Score: 1


    I guess the question is what is a hacker and who is a hacker. And who gets to define what is and isn't hacking. I know very few Lawyers with enough computer knowledge to create a law like this. And all of them have enough knowledge to know how dangerous a law like this is and therefore wouldn't create it.

    --
    Two things are infinite, the universe and human stupidity, and i am not quite sure about the universe. -albert einstein
  118. DNA Samples?? by mickeyreznor · · Score: 1

    Looks like mafiaboy is fucked after all.

  119. What bothers/scares me... by AtariDatacenter · · Score: 2

    Is that for IT support staff that have really good skills, some activity may inadvertantly be redefined by others as 'hacking'. (For example, putting a screen saver on the computers in the computer lab.)

    That alone is scary enough, but now even stronger punishments, and treatment as what I am going to guess is a capital crime? Ouch. IT is looking even scarier.

    (Is scarier a word?)

  120. This is nothing new... by Hacker+Cracker · · Score: 5, Insightful
    It's nothing more than the same old reactionary garbage legislation that's been coming down the pike. And it's not surprising that this is what congress has come up with either--after all, if it didn't work last year, then do more of it next year...

    As David Quinn put it quite eloquently:
    When the Israelites escaped from Egypt in the 13th century B.C., they were literally a lawless horde, because they'd left the Egyptian list of prohibitions behind. They needed their own list of prohibitions, which God provided--the famous ten. But of course ten didn't do it. Hundreds more followed, but they didn't do it either.

    No number has ever done it for us. Not a thousand, ten thousand, a hundred thousand. Even millions don't do it, and so every single year we pay our legislators to come up with more. But no matter how many prohibitions we come up with, they never do the trick, because no prohibited behavior has ever been eliminated by passing a law against it. Every time someone is sent to prison or executed, this is said to be "sending a message" to miscreants, but for some strange reason the message never arrives, year after year, generation after generation, century after century.

    Naturally, we consider this to be a very advanced system.
    Quite depressing, really. (The whole text can be found here, BTW)

    But what can you expect when the whole world has bought into the idea that there is absolutely nothing that any one person can do to change things?

    -- Shamus

    Bleah!
    1. Re:This is nothing new... by ByTor-2112 · · Score: 1

      Maybe someone should tell Osama bin Laden that there is nothing any one person can do to change things. I am certainly not endorsing ANY of his actions, but if more American citizens were to be as dedicated to a cause as he is we could see some changes.

    2. Re:This is nothing new... by Bearly · · Score: 1

      Changes yes, but changes for the better? I'm not sure.

    3. Re:This is nothing new... by Steeltoe · · Score: 1

      Critizising Jews/Israelites != Zionism

      Besides, I didn't find any of such sort.

      - Steeltoe

  121. Flying Instructors by chazR · · Score: 5, Interesting

    I assume you know that *all* flight training is currently banned in the USA? Yes, that's right. If you are a flying instructor, currently *you cannot* train students.

    Well, you won't go to jail. But the FAA will take your pilot's license away. If you are a pilot, that's nasty. Check out news://rec.aviation.pilots for more.

    Without passing a law, without recourse to a *single* elected person, thousands of US citizens have had their source of income removed.

    Well, that makes us all safe doesn't it?

    1. Re:Flying Instructors by pjbass · · Score: 2, Informative

      Hmm. CNN had a great piece on last night (Sunday) that the FAA has approved flight training planes to be allowed to fly again... The only catch is that no solo flights; the instructors must be in the plane at all times with the students. So, I won't discredit your statement, since it was very valid, and your larger point is VERY well taken. I just wanted to point out that people are flying/training again; they just have a bit more restrictions on student freedoms.

    2. Re:Flying Instructors by ahrenritter · · Score: 1

      IANAP*, IANAFI**, IANAFAAO***, et al.
      Isn't there some sort of requirement for a minimum amount of "solo hours" before you can get your pilot's license?
      If so, it would still be a considerable interuption in many lives.

      * Pilot
      ** Flight Instructor
      *** FAA**** Official
      **** Federal Aviation Administration

      --

      All I wanted was a rock to wind a piece of string around, and I ended up with the biggest ball of twine in Minnesota
    3. Re:Flying Instructors by daved321 · · Score: 1

      Flight instruction is back, from www.aopa.org

      Update: 09/22/01 8:14:39 AM, ET -- The FAA has released a notam permitting the resumption of most flight training activities. The notam, which became effective at 0000Z (8 p.m. ET) Friday night, allows VFR flight training in non-turbojet aircraft and gliders (weighing less than 12,500 pounds) outside of enhanced Class B airspace. Within enhanced Class B airspace, with the exception of the Boston enhanced Class B and the Washington and New York exclusion areas (see TFR), VFR flight training in single- and multi-engine piston-powered aircraft under 6,000 pounds is permitted. (Almost all single-engine and light twin piston powered aircraft are less than 6,000).

    4. Re:Flying Instructors by GCH · · Score: 1

      That is incorrect. As of Friday, students can fly with restrictions. Check http://www.aopa.org for the latest on this.

    5. Re:Flying Instructors by El_Nofx · · Score: 1

      The govt will lift these restrictions eventually but I agree that they seem a bit tyranical.
      Eventually people will also see that the computer laws are way too harsh and they will be downgraded. The only problem is that some poor guys are going to have to get sentenced and get the attention of the media first. Anyone even thought about Dimitri lately? Anyone care what happend to him. Before Sept 11th pleanty of you did. Most posts I have read on this topic seem to present a Negative, doom and gloom opinion. I for one have faith in the people of this country. We fear what we do not know. Most Americans know squat about computers and therefore fear them and will not oppose legislation to make hacking a life offence. They do not understand that defacing a web page is on the same level as spraying graffiti on a wall. I guarantee you Ashcroft doesn't, Bush doesn't, and the people that are proposing this are the ones who have been waiting for just the moment to push something like this through.
      It will take time but as the 20 something generation of today gets older and the Boomers die off we will have noone left that will allow laws like this to pass. Patience /.'ers

      --
      It's not the OS it's the user that sucks. If it's user friendly, you get stupider people. - clinko
    6. Re:Flying Instructors by tricorn · · Score: 1

      The restriction on student solo flight is only in the "enhanced Class B" ("Class B veil") airspace, which is the airspace around any large airport. It is no more restricted than any other VFR (Visual Flight Rules), which was allowed as of last Thursday. What isn't clear is why flight instruction was restricted for another 2 days, until Friday evening 0000 UTC. Even more puzzling is why, if flight instruction was restricted then, it was made LESS restrictive after the ban was lifted (flight instruction in small airplanes is allowed EVEN IN the Class B veil, unlike any other VFR flight).

      IAAFI (I Am A Flight Instructor).

  122. Re:This will never work. by Andux · · Score: 1
    The simple fact of life imprisonment for someone who hacked CSS encryption for DVDs, and such, is poposterous.

    So is the fact that it's a crime it all, but that doesn't stop the DMCA. It's impossible for this bill not to be passed. Congress won't kill it, because if they do, they'll appear "soft on terrorism" to the flock^H^H^H^H^Hpublic.

    --
    (Do not sign anything.) -- Fell, Planescape: Torment
  123. Well.. Its about time! by josquint · · Score: 1

    OK, so this'll be flamebaited, but...

    ITS ABOUT FREAKIN TIME!

    I work as a consultant in a fairly small to medium sized market. I deal mainly with setting up and maintaining small companies' LANS (and Securing them) Even in this small market we have our share of Script Kiddie Lusers.. It seems like every week i have to deal with somebody's system that has been compromized because the not-all-that-bright user opens the email attatchment or file from someone on ICQ or decided that it'd be so much easier to change the access rights to C: to Full, no password.
    SO i get a fair share of the not so l33t h4x0r5 tampering with machines over the newly introduced DSL system. So when i finally do track some of these punks down(and yes.. i do actually bother to try, heh)There isnt squat i can really do. And if local law enforcement does wake up and do something it'll be a slap on the wrist.

    Cuz after all, they're just kids playin with the computer.

    Heh, now if i could call them TERRORISTS!!! instead of the meaningless term hacker or cracker.. THAT might get some attention!

    1. Re:Well.. Its about time! by GiMP · · Score: 1

      >Cuz after all, they're just kids playin with the
      >computer.

      And you want to put them in prison for life, shame on you.

  124. It's all starting to make sense by Zen+Mastuh · · Score: 2
    • Headlines stating "Computer Crime costs U.S. business $X Billion" when a single attack causes a salaried admin to work longer hours ($0 additional cost) to install patches & virus files that are provided for free or at nominal cost with the purchase of the product.
    • Remember when someone DDOS'd cnn.com & ebay.com? The DoJ head (Reno?) said that the companies suffered millions of dollars in lost revenue, when the revenue was merely postponed by fewer than 24 hours.
    • Reagan's War on (Some) Drugs functions by seizing and selling all assets of anybody suspected of a drug offense, leaving the person unable to afford legal defense. Congress waited through nearly 20 years of constant complaints from Civil Liberties groups before admitting that the practice violates 4th Amendment rights. In the mean time, billions of dollars have been shifted to federal, state, & local police and our prison population is the world's largest by far.

    Our (U.S.ians) government has its secret agenda, which is closer to the agenda of Corporate America than yours or mine. Their media (five companies) only disseminates the information favorable to its own outcome. Welcome to the machine.

    --
    "What is the sound of one belly slapping?"
  125. Interstate commerce by wnissen · · Score: 2

    The only reason it restricts itself to only governments and military computers is that the US Gov't doesn't have jurisdiction over crimes that happen to other computers. See the interstate commerce clause in the Constitution.

    However, it's a rare computer that isn't involved in some kind of interstate commerce. Probably you're safe if you stick to the .edu domains, but anything else is asking to test a very tricky boundary.

    Walt

    1. Re:Interstate commerce by xphase · · Score: 1

      I know this reply is a little late, but I just wanted to say that many .edu domains are involved in interstate commerce. Many offer the ability to purchase textbooks on-line, and use local(to the domain) shopping carts/CC transactions, which are then actually processed by places like amazon.com or bn.com.

      blah!

      --
      The following sentence is TRUE. The previous sentence is FALSE.
  126. Divide and Conquer by Sloppy · · Score: 2

    All arguments for treating crackers like a special, would apply to any other type of criminal or suspected criminal. So why not apply the same bitchslapping against rapists, murders, etc?

    This is definately a "divide and conquer" style attack. The old "they fucked x but I wasn't x so I didn't say anything .... and then they fucked me, and no one was left to speak up" applies here. Crackers are x today.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  127. Canada's too close! by Robber+Baron · · Score: 2

    Hey, I LIVE in Canada and right about now Ireland is looking mighty inviting. Only 20 miles separate me from the US...not enough IMO!

    --

    You're using her as bait, Master!

  128. Hey, I have a question... by Bobzibub · · Score: 1

    What about those people which were defacing pro-Taliban web sites? IANAL. Would they get life under this bill? These sites would fall under interstate communication wouldn't they?

    -b

  129. Aren't you glad you're (probably) a socialist? by 0bjectiv3 · · Score: 1

    Gee, this would NEVER happen under a socialist regime! Good thing most of you want to make the government BIGGER!

    --

    "Saddam Hussein cavorts with terrorists."
  130. Re:Somebody has to say it, but... SIN! by Fizzlewhiff · · Score: 1

    Just because I'm white, drive a truck, and live in North Florida does not make me a terrorist. Now you take that cracker comment back boy or else I'll hafta come after you with my frog gigin' pole.

    --

    'Same speed C but faster'
  131. Blue Boxing by Metox · · Score: 1

    The article states that, "This act will be retroactive, so that crimes commited several decades ago can be prosecuted".

    I hope Jobs and Woz are scared doo-doo-less. They used to build little Blue Boxes. These sent tones into the phone network and were able to make long distance calls for free and look up unlisted numbers. This law would make the research (sic.), which brought the two founders of Apple computer together, a crime punishable by life in prison!

    --
    "Chemestry is Physics without thought. Mathematics is Physics without purpose."
  132. Who is the greatest financier? by Zen+Mastuh · · Score: 1, Offtopic

    I am well aware that nearly all fingers point to Usamah ibn Laden and that Afghanistan's ruling militia, the Taliban, is possibly harboring him and his cohorts. I am also aware that we (the U.S.) are about to bomb the shit out of Afghanistan to "have closure" or "send a message" or whatever the white trash meme of the day is.

    Fact: The Bush Administration gave the Taliban ~$43 million only four months ago to "curtail opium production". How much could it possibly cost, in the world's poorest country, to behead someone with the sword at your side when you catch him with opium? If ibn Laden is guilty, and the Taliban guilty of supporting him, then Bush is complicit in financing him. This is the same Bush whose inheritance grows larger every time you buy a gallon of gas.

    --
    "What is the sound of one belly slapping?"
    1. Re:Who is the greatest financier? by Dr.Dubious+DDQ · · Score: 2
      Fact: The Bush Administration gave the Taliban ~$43 million only four months ago to "curtail opium production".

      I'd be quite interested in the details of this. If that's accurate, not only would the legislators who voted for it be supporting a terrorist state, but it would also demonstrate the funny-yet-sad possibility that the hysteria of the "War on Drugs(tm)" has been working AGAINST the "War on Terrorism(tm)(Pat.Pending)"...

  133. Something very strong (to protect against worms) by PopeFelix · · Score: 1

    "Something very strong," to my mind, would be a server and operating system that is not as vulnerable to these exploits as current technology (mostly M$, but anything with big gaping security holes.)

    "Something very strong," would hopefully mean open-source server software and operating systems that are written as securely as the programmer is able, and rigorous testing of those servers in production environments.

    I'm proud of every drop of "skull-sweat" that goes into every piece of open source software. Unfortunately, the state of the art in virus/worm technology is such that more "skull-sweat" is required to protect against them. I know that the open source community is up to the task.

    --

    Pope Felix the Scurrilous.
    Computer Geek by day, religious Icon by night.

  134. Re:The answer is simple by jflynn · · Score: 1

    So we do everything the government tells us and nothing the government tells us not to do, and we'll be safe from the government. No kidding?

    Well, when they tell me to pass the Zyklon-B, I'm going to tell them to shove it. Suit yourself.

  135. Throw the book at them! by Seemlar · · Score: 1

    Life imprisonment for deceiving goatsex links!

  136. Re:Yeah and IDsoftware should get life for columbi by xmedar · · Score: 1

    Like with the WTC thing, atleast one neighbour of one of the highjackers had been so concerned about the strange comings and goings that see phoned the CIA, and what did they do? Nothing, zip, nada, everyone is covering their arse right now by trying to pass lots of laws that look good and will punish people who do what amounts to pin pricks of damage, rather than reforming the lazy, half arsed security services over there. Over here in the UK, atleast we have had one guy, David Shayler (ex-MI5) stand up and say they are a bunch of idiots making lots of noise and not much else, hope you have someone over there who has the guts to do the same.

    --
    Any sufficiently advanced man is indistinguishable from God
  137. Nobody has to say it, but... by HobophobE · · Score: 1

    Constitutionality will be questioned and laws like these, along with the careers of the idiots who propose them, will go the way of the dodo.

    HobophobE

    --

    -HobophobE
    Nothing laughs forever.
    1. Re:Nobody has to say it, but... by Amazing+Quantum+Man · · Score: 4, Interesting

      Constitutionality will be questioned and laws like these, along with the careers of the idiots who propose them, will go the way of the dodo.

      If we're lucky, the laws will go that way. I sincerely doubt that the careers of the idiots will, though.

      What we need in the US is a law that punishes those who pass blatantly unconstitutional laws. Of course, since Congress routinely exempts themselves from legislation, they'd exempt themselves from this, too!

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    2. Re:Nobody has to say it, but... by kilgore_47 · · Score: 1

      Constitutionality will be questioned and laws like these, along with the careers of the idiots who propose them, will go the way of the dodo.

      I only wish you were right.

      Did the lawmakers who quietly stole civil liberties away during previous nationial crisi have their careers ruined?

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    3. Re:Nobody has to say it, but... by Shotgun · · Score: 2

      At one point, people laughed at the idea of outlawing a weed that grew naturally and profusely along the Potomac river (the one that runs through Washington, DC, America's capital, for the non-US and geographically challenged amoung us).

      After a few years and a media blitz to create some uninformed public hysteria, workers were sent out to eradicate the weed, marijauna (notice the Spanish/Mexican pronunciation of the 'j' and try to guess who the real targets of the law were), and so began America's war on drugs. We still have laws and demonic misconceptions about a weed that produces a mild hallucagenic (sp?) that is no worse than alchohol, with people that the powers that be don't like going to jail for possessing.

      Don't ever believe for one second that idiots and their laws will go away without a hard and sustained fight. Ashcroft, like most other leaders, is a meglomaniac. He believes that the world can be made safe if only he were allowed to be in controll. It's not that he is evil, it's just that he has an idea of what the world should be like, and he is motivated to make it that way. Unfortunately, the Taliban and BinLaden also have a vision and motivation. The only things seperating the two are our elected representatives, our right to be heard before laws are made, and our right to have our cases heard before a panel of our peers. These sort of laws attempt to make an end run around these protections.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    4. Re:Nobody has to say it, but... by WH · · Score: 1

      There already are laws pertaining to conspiracy to remove freedoms from americans and I for one believe that blatently trying to pass laws that are unconstitutional should fall within the realms of such laws.

      Whatever happened to the people passing or repealing laws by 2/3's majority vote?

  138. in Calif. we have "USE a GUN go to jail" by Archfeld · · Score: 2

    among several other MORONIC laws passed by grandstanding Politico's seeking reelection.
    RANT
    Someone needs to educate ASSCROFT, but Ghandi and Mother Theresa are both dead, and few others would have the patience to deal with a person who makes a BOX of ROCKS look gifted.
    /RANT

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  139. LOL it is called... by Archfeld · · Score: 1

    Mercantilism and we are just about there in the US.
    Harken back unto the revolution, The HudsonBay company owned a bunch of TEA.
    This is not the first time we've seen this kind of mercantilism, the first time was a PRIMARY motivator in the America Revolution.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:LOL it is called... by NullAndVoid · · Score: 1

      Hmm, having the richest businessmen in the colonies devise the new government may not have been the wisest way to prevent mercantilism. The primary motivator for the Revolution was taxes, some of which were imposed for the benefits of business (e.g. the tea tax which benefited the East India Trading Company).

      --


      -- Sigs are for losers
    2. Re:LOL it is called... by xtinct · · Score: 1

      please explain how a tax benefits a company...

      as far as i know, taxes usually go to the government in charge...

  140. DNA Samples? by Roofus · · Score: 1


    The only person that's getting a DNA sample from me is my wife, if you know what I mean!

  141. The Internet isn't a playground any more by litewoheat · · Score: 1

    The Internet is now serious business, no longer the playground of the elite hackers (or 377373 hax0rz). Any malicious valdalism of/on the net should send the creator to jail for life. These worms running around today cause billions of dollars of damage. They are not innocent pranks. Why is causing billions of dollars in damage while pulling a prank on a pyhsical object not the same as doing so on the Internet? Its time to grow up and stop idolizing hackers. It was fun in the begining now its just plain stupid.

    1. Re:The Internet isn't a playground any more by litewoheat · · Score: 1

      I like you. You're funny. You make me laugh. Now be sure to not put the pickles on my burger next time I drive though? OK?

      How's the tenth grade going?

    2. Re:The Internet isn't a playground any more by huddles · · Score: 1

      Any malicious valdalism of/on the net should send the creator to jail for life.

      While murderers can get out in 10?

      These worms running around today cause billions of dollars of damage.

      I'm of the opinion that companies over-state the damage done by these "pranks," much like the software industry does with piracy.

      Why is causing billions of dollars in damage while pulling a prank on a pyhsical object not the same as doing so on the Internet?

      I bothers me that you would equate an idiotic virus with the damage done on September 11th. I'm sure the families who lost loved-ones that day would disagree with your assessment.

      Joe

    3. Re:The Internet isn't a playground any more by litewoheat · · Score: 1

      You equated it to the WTC. Not me. Not even implied.

      The damage done is not over-stated. Once a server is down, its down for a while. For simplicity sake, if one server that generates $1000 an hour in revenue for its owner is infected and, in-turn, infects 2 others, it won't take long to reach the $1 billion mark. That's not even mentioning the costs to "repair" the infected machines and validate its data.

      Unleashing a virus or worm on the Internet knowingly is an act that shows the complete disregard for society on the part of the perpetrator and shows a disposition for doing it, or something just as stupid again. That person gives up their right to be free and interact with society. This act can never be justified. Murder, in many circumstances, can be hence the penalties are adjusted to fit the circumstances of the crime.

  142. Hehe... hey, Beavis! by BOredAtWork · · Score: 2
    He conducts Penetration Testing for a living!


    Sorry, couldn't pass it up :-).


    Oh, and about your sig... I'm still 100 times better than you are! Woho!

    --

    --
    Just lurking, thanks!

    1. Re:Hehe... hey, Beavis! by Jeremiah+Cornelius · · Score: 1
      You are better.

      I was just earlier...

      jeremiah cornelius

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
  143. Feds to shake down Linus for a Billion dollars by Glasswire · · Score: 1

    Facts:

    -John Ashcroft called for terrorist assets to be seized, not just frozen. Presumably, the Gov would then be able to sell off any non-liquid assets held by terrorists.

    -Anti-Terrorism act would brand hackers as terrorists.

    -Linus Torvalds has publicly admitted to being a hacker.

    -While of modest conventional assets, Linus is the owner of the trademark to "Linux"TM.

    -Street value to an organization like, say, IBM to OWN the Linux brand (preventing anyone it doesn't like from using it) has got to be at least $1 Billion.

    -Logically, the Anti-Terrorism act could force the notorious hacker/terrorist to turn over the his "Linux" asset to the Gov't for privatization sale to a 'responsible' corporate entity

    -Next target: Richard Stallman's Yugo...

  144. Re:no it isn't by nodrip · · Score: 2, Interesting
    I'll repost here so everyone has a chance to argue the point. God damn US Law is spagetti code!!! :)

    Piecing it together:

    Sec. 2510. Definitions -
    (17) ''electronic storage'' means -
    (A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
    (B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and
    (18) ''aural transfer'' means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
    (19) `protected computer' has the meaning set forth in section 1030; and
    (20) `computer trespasser' means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.

    This area relates to making it legal to listen in on computer communications. e.g., the fbi and cia under these provisions are not commiting a crime. no big deal.

    On the next (big) point:

    from the proposal:

    1030(a)(1), (a)(4), (a)(5)(A), or (a)(7)
    (relating to protection of computers),

    You sited A-2, note A2 is not mentioned.

    From section 1030 a1, a4, a5a, and a7 -
    (http://www4.law.cornell.edu/uscode/18/1030.html)

    (a) Whoever -
    (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;

    (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

    (5) (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

    (7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section

    Hacking Hotmail or any other communication system for fun, would not fall under this bill.

    --


    -- "The best way to predict the future is to invent it."
  145. Re:Fight the power, join your local IT clubs now!! by Seemlar · · Score: 1

    Death to America!

    I crash truck full of Linux distros into White House!

    Praise Linus!

  146. How is that different ? by Archfeld · · Score: 2, Insightful

    Both are cases of Vandalism or even maybe destruction of public property because it is on the VERY PUBLIC NET. The only mitigating factor is the cost of the damage and clean-up. Why don't we enforce the laws we have, instead of pushing for new foolish ones ? Easy, because no Politician will get KUDOS for enforcing old legislation, but they will get BIG PUBLICITY for enacting new legislation in the current climate...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  147. Ashcroft is an outrageously hypocrit! by Lord+Vipor+Scorpion · · Score: 1

    The Mary Jane issue is the real kicker. A story came out during his confirmation process about how his two nephews were caught growing (a ton of) pot in their house, and they somehow miraculously avoided any prison time. The reporter found somebody who had done 5-10 years for growing less pot than Ashcroft's kin, and the poor guy was mad as hell--but couldn't do anything about it. The same goes for the whole country, we just let him sit up there & do sh!t like this. Who the hell likes this guy? Oh, that's right, white Christian men. But that's got to be a small minority of the entire country. Reno had her problems (letting Clinton go hog wild in campaign financing; I don't blame her for Waco or Ruby Ridge, and IMHO she did the right thing for Elian Gonzalez), but she was hated much more than Ashcroft.

    1. Re:Ashcroft is an outrageously hypocrit! by Grahf666 · · Score: 1

      Oh, you should hate her for Waco. You have NO IDEA who big of a cover-up that was (or maybe you do). You know, how the FBI mowed down everybody with assault rifles (prolly the women and kids too), then let the fire burn to destroy the evidence? The guy who figured this out "committed suicide" not long after he figured this out. I kid you not.

      Oh, and only white conservative christian men like asscroft.

  148. But think about this... by Pvt_Waldo · · Score: 1
    What if a well funded/organized terrorist group were to launch a massive series of attacks on the network infrastructure/etc. of the US? I mean, if script kiddies can make our day bad - what would the net be like if we REALLY got slammed? If the internet equivalent of Sept. 11 happens, we wont necessarily be here on Slashdot talking about it, now will we?


    :^/

  149. What scares me most... by olla+podriga · · Score: 1
    ... is this
    Those convicted of providing "advice or assistance" to cyber crooks, or harboring or concealing a computer intruder, would face the same legal repercussions as an intruder

    Does it mean that I could be convicted if I show you how to code in Perl and show you where you can read Bugtraq??

    /me 's quite happy not to live in the USA.

  150. Status Quo, please... by gokubi · · Score: 1

    This is the line that should concern everyone who isn't a oil baron or defense contractor:

    "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

    I personally think the purpose of government should change. Fewer $4 billion bailouts for industries that are profitable for example...

    --
    I'm much funnier now that I'm a subscriber.
  151. Re:No More tech support! by Airneil · · Score: 1

    I would think that only if the caller was a known "terrorist" and the ISP knew they weren't supposed to get on the 'net.

    That's the protection given for aiding. If you know they will commit the crime, then don't help.

  152. Re:Enough with the whining by sillyputty · · Score: 1

    Nitpick: it's not illegal to remove the tag on your mattress. That message is not for the end consumer.

  153. I've got a question... by BrickM · · Score: 1

    If this is true:

    "To date no terrorists are known to have violated the Computer Fraud and Abuse Act." - http://www.securityfocus.com/news/257

    Then why do we need this law?

  154. Ashcroft has no sense of humor. by cerberus1949 · · Score: 1

    Before Attorney General Ashcroft was the Attorney General, he was a U.S. Senator from Missouri. Then along about the 2000 election he was beaten at the polls by a dead man [the challenger's widow now serves in the Senate]. Before that he was the Governor of Missouri. We were saddled with him in that position for EIGHT YEARS! The man is the stereotypical uptight, right wing Republican politician (with all the negative connotations that that entails). The man had no sense of humor whatever. Some local wags remarked that setting him in place as Attorney General at least took him out of the Senate and put him somewhere "where he can't get into mischief." So much for that...

  155. Re:Hacking IS A COMPUTER CRIME YOU STUPID IDIOT!!! by Mashiki · · Score: 2, Interesting

    And we should make the gaining of knowledge though legal means a crime as well? That's what this law implies. It's one small step to go from "hacking is a crime" to any "hacking related events are illegal" aka Defcon, 2600 gatherings. Or better yet, anything that is not taught by the goverment in sancitioned classrooms is a crime punishable by "life in jail".

    Mashiki
    --
    Assholes, I'm surounded by Assholes!
    --

    --
    Om, nomnomnom...
  156. Very disturbing, but not quite as bad as it seems. by Dr.Dubious+DDQ · · Score: 3, Informative

    The specific sections of "computer crime" law that appear to be reclassified as "terrorist acts" appear to be only:

    1030(a)(1), (a)(4), (a)(5)(A), or (a)(7) (relating to protection of computers)

    Which are:

    • (a) Whoever -
      (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;[...]
    • (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;
    • (5)
      (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
    • (Interestingly, they don't seem to include B and C under this act as "terrorism", which are similar to section A, and are almost identical to each other - I have no idea why they have them. "B" says "(B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage;". C is word-for-word the same, except without the word "recklessly". ANy idea why they have them both?)
    • (7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section.
    In short, the only "computer crimes" listed as "terrorism" by this act are stealing US Gov't, Inc secrets by computer, maliciously hacking into a system with intent to steal valuables (aside from CPU cycles), and using threats of malicious computer hacking to extort.

    The only one that concerns me very much here is 5A - it seems like high-paid corporate lawyers could easy "prove" that for example, if 1337D00D@scriptkiddy.com maliciously hacks into www.microsoft.com and puts a link to his website on the index page, that he's obtained at least $5000 worth of advertisement...

    Come to think of it, I'm a little leery of the "or exceeds authorized access" bit in (4) - if one "accesses" a computer to purchase and legally download some proprietary "protected" piece of music or video, and finds a way to convert it to a nonproprietary format for personal use, has one "exceeded authorized access" and is therefore not merely a DMCA Criminal but a full-fledged DMCA Terrorist? It's a bit of a stretch, but I think a wealthy corporation can buy enough lawyer-approved powerpoint slides "proving" this to a non-technical jury...

  157. need for strong computer lobby by rlwhite · · Score: 1

    There are frequent posts on slashdot and elsewhere about the bad laws coming out of Congress regarding computers. I know, congressmen, like the average person, is computer ignorant. But we've been going the wrong way trying to correct this. Most /. users just come complain on slashdot. Occasionally someone reminds people to write their representatives.

    Writing a representative is a great idea, but what catches the attention of lawmakers more? A powerful lobby group.

    We have the FSF, but it's association with GNU and Stallman make it unappealing with too many computer hobbyists. Having a lobby group that takes stands divisive within the community only divides our lobby. The power of a lobby comes from votes and money, but if a lobby group divides its community it lacks votes and money from the community.

    Although I'm not really aware of any other organizations representing the computer hobbyist community that lobby Congress often, but I'm sure they're out there. Maybe the community needs to create a new inclusive organization specifically as a Congressional lobby. We could call it the American Cyber Liberties Union. Maybe not.

    People: Write your representatives NOW. Find a group that represents your views and join NOW, donate some money to lobby Congress NOW. If you can't find a group you agree with, get together and form one. Don't let your views on the more controversial issues such as the GPL, open source, or browser wars or whatever keep you from making your voice heard in Congress on the issues that are widely agreed on within the community.

    We have reached a time when are "cyber liberties" are coming under dramatically increased attack in the wake of the recent threats to America. We must make our voice heard NOW if we want to continue to enjoy our hobby and computers the way we wish.

  158. "Politically-motivated manslaughter" by LMariachi · · Score: 1

    I haven't read the actual text of the bill, so this might be an error in Securityfocus' reporting, but I'm awfully curious as to what the hell "politically-motivated manslaughter" might be. Accidentally decapitating someone with a protest placard?

  159. My response to this... by Yottabyte84 · · Score: 1

    I think I'd better move to Canada, since I'm a "dangerous terrorist/hacker".

    1. Re:My response to this... by pedersek · · Score: 1

      In Canada we are behind the times, so we are passing a law against 'calculator crimes' ;).

      Under the new law, if you use a calculator to figure out the hypothetical tragectory of a cruise missile launched at the United States, you are a terrorist. How many others figured out that problem in high school physics class?

      Fraud, theft, vandalism and invasion of privacy are crimes, whether you use a computer or not.

      Terrorism is terrorism, whether you use a computer or not.

      The distiction seems moot.

      --
      --KP
  160. Now 15 year old pranksters can get life... by Maul · · Score: 2

    While rapists and perpetrators of other violent crimes that do physical damage to others get off easy. God Bless America!

    --

    "You spoony bard!" -Tellah

  161. Re:Enough with the whining by UnknownSoldier · · Score: 2

    > The DMCA may be evil, but while it is law you must obey it!

    *Bzzt* Wrong. Thank you for playing today though!

    1) US law doesn't apply to many /. readers
    2) To paraphrase Augustine's famous remark "an unjust law is really no law at all."
    3) We have the moral right of civil disobediance to strike down unjust law(s).

    > Why is it that every slashdot poster is some sort of liberal hippy freak?
    A broad claim based on what data??!

    However, there are certain liberals posting on /. because they AGREE with the founding fathers views. Namely,

    "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson

    "Those who give up essential liberty, to preserve a little temporary safety, deserve neither liberty nor safety." - Ben Franklin

    Cheers

  162. Losing money can be worse than losing life. by Starship+Trooper · · Score: 1

    Think, for example, of a technologically-adept person (much like the majority of Slashdot readership) has a job on a high-profile e-commerce site. He gets a large salary of say $80,000/yr, but also has a wife and several children to support. If his business were to be disrupted by a hacker employing a DDoS on his site, his lifeblood, then that so-called "pointless video game" could cost him his job as people are laid off to make up for the enormous losses accrued by the DDoS action. He can no longer feed his family, and with the economy in his current state, his chances of finding another job sufficient to pay the bills are slim at best. The hacker who initiated the attack effectively ended the life of this man and his family, by dooming them to trailer parks and welfare for the rest of their life. If you were this victim, would you be so willing to defend these hackers? I think not.

    --
    Loneliness is a power that we possess to give or take away forever
    1. Re:Losing money can be worse than losing life. by ttyRazor · · Score: 1

      Assuming he's not kicked out on the street and promptly hit by a truck, he's still infinitely better off than any victim of a real world terrorist attack. If you honestly think that losing your immediate source of income is worse than death, then I suggest you jump out the highest window you can find next time you lose your job. Assuming your life insurance policy pays well, problem solved.

  163. Re:Enough with the whining by Amazing+Quantum+Man · · Score: 2

    Why? Whining is about the only right we'll have left if Ashcroft gets his way.

    <SARCASM>
    Don't you know? Complaining about unconstitutional laws is the mark of a terrorist! They're going to give life imprisonment for that next!
    </SARCASM>

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  164. My Advice To Hackers! by simetra · · Score: 1

    Hi Hackers,
    Here's my advice, while I'm still free to give it:
    1. Make a fun virus/worm, which switches Windows(tm) wallpaper to a porno picture. A veritable laff-riot would ensue, what with techies scrambling around trying to get the crotch shot removed from the CEO's desktop.
    2. If you can delete only one file on a Windows(tm) 9x machine, do c:\windows\system\vmm32.vxd
    The user will get a message something like "missing vmm32.vxd, must re-install windows". It's not just a file you can re-extract. It's built during setup with hardware specific info, like a kernel. You can't just copy someone else's either. Try it, it's fun!

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
  165. This is seriously upsetting by alsta · · Score: 2

    On one part, Ashcroft is doing something to cover for the alledged Chinese hackers who wish to circumvent electronic security and go after the perps. While action on this part is definately welcome, there are a few more things one should consider.

    On the other hand, it is one more way for the corporations with big bucks to insist on severe punishment for 14 year old kids. And no, there is no limit for how old a person must be to be labeled "terrorist".

    If somebody successfully steals a database with credit cards, the company that created that database should be indicted just as well as the cracker. Why? Because they are NOT SUFFICIENTLY protecting their database. When my Egghead account was compromised I got pissed at them, not just the guys who cracked their security. If a company that wishes to have my credit card number and SSN or whatever, on electronic file, they should damn well protect that information. There are instances where people have been convicted by clause of negligence, or comparable negligence. Why is this any different? I mean, if I leave a white plastic bag with a million dollars on the curb outside the Marriott in San Francisco and I find that somebody took it, why is it that I am negligent? Because I didn't take good measures in protecting that which I meant to keep to myself!

    But by all means, beef up the security around Government computer installations. I'd be happy to let my congressman pass a bill for another $5 billion to do this.

    However this bill is undoubtedly going to make many people "terrorists", just because they circumvented the copy protection of Windows XP or something like that. I do not support this bill.

    Alex

    --
    Wealth is the product of man's capacity to think. -Ayn Rand
  166. When petty crimes overshadow serious ones by fishbowl · · Score: 2

    Making "computer crimes" rise to the same legal level
    as say, cutting a stewardess' throat and crashing a plane
    into a building, does NOT serve to increase the magnitude
    of "computer crimes", it rather LOWERS the magnitude of
    the truly serious crimes. If you can expect the same punishment for something like defacing a web page
    as you can for blowing up a car bomb, then that means
    a car bomb suddenly isn't such a bad crime.

    It's like saying Marijuana is the same thing as Heroin.
    It doesn't make marijuana "worse", it implies that heroin
    is somehow no more or less acceptable.

    There might be parallels in the abortion==murder campaign as well.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:When petty crimes overshadow serious ones by scarl · · Score: 1

      "It's like saying Marijuana is the same thing as Heroin. It doesn't make marijuana "worse", it implies that heroin is somehow no more or less acceptable."
      But isn't that exactly what the War on Drugs and DARE and the rest say... Weed == Heroin == Ecstacy == Crack == evil and addicting and bad for you and nasty nasty nasty. IF Weed == Heroin THEN "Well," says the experimenting 14-year old, "I've smoked pot and I'm just fine and I'm not addicted or anything and it was fine and I had fun. Therefore, 'They' lied to me and 'Their' position is weakened. So, let's try some Heroin...it's probably about the same as Weed right? I mean, 'They' say Weed == Heroin."
      Now, some people will say "See, Marijuana is a Gateway drug" from this arguement. And they are right. But for all the wrong reasons. Marijuana is NOT a gateway drug because it "leads to harder drug use." It is a gateway drug because we LIE to children about it and they KNOW it. And if we lie about weed, how do they know we aren't lying about Heroin? How can ANYTHING be taken with the same level of trust once the lies begin to be revealed? "Did they lie about sex? AIDS? Hackers? Terrorists? Santa Claus?......Well, I choose not to believe any of it."
      Is it any wonder the logic chain we depend on results in an increase in the worst elements when we make them equivalent to the most minor? In line with the /. main thread, talk about hacking == coding hack tools == posting hack discussions == find hack vulnerabilities == using hack vulnerabilities == hack to own == hack to steal == hack to FUBAR. Is there any difference in this Brave New "War-on-the" World?

      --
      Papa's got a brand GNU bag. -- Advertisement: year 30 ALC (After Linux Commercialization)
  167. How about "dillon whacking? by cryofan2 · · Score: 1

    Izzata crime?

  168. big brother lives by mr.albino · · Score: 1

    i'd hate to see this happen. i must admit that such attacks by crackers are bad, and i'd be very po'd and want that person punished if they attacked me, i wouldn't want them to rot in prison for the rest of their lives. this is wrong. pure and simple.

    --
    while you make pretty speeches...i'm being cut to shreds. you throw me to the lions...a delicate balance.
  169. Draft letter to legislator by wytcld · · Score: 2

    Please reject all parts of Ashcroft's terrorism bill that deal with computer
    use, as they are almost entirely misconceived, repressive and overly
    punitive measures that have little if anything to do with any threat from
    real terrorists. Computer professionals depend on knowledge and skill. Just
    as medical students sometimes commit pranks, so do computer students. When
    those pranks cause losses, those losses can be dealt with through
    conventional legal penalties. But lumping them with the deadly acts of
    terrorists is the surest way to alienate the good young minds we need in the
    computer profession, particularly those with the knowledge of security
    measures needed to keep our systems secure - which can only be gained by
    testing the limits of those systems.

    --
    "with their freedom lost all virtue lose" - Milton
  170. Another Human Rights Violation for the US to Veto by PenguinEnvy · · Score: 1
    I hate polititions or nations who introduce retro-active laws. My humble point is the retro-active punishment of criminals under law they are currently writing is against International Human Rights of which the USA is a member state to.

    The actual article goes as follows:[Article 11 section 2]
    " No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. "

    Nothing a veto can't stop them getting in trouble for, here's hoping they don't use economic and defence agreements to pressure my poor Australia into putting more restrictive laws in place.
  171. Don't forget increased surveillance by vulg4r_m0nk · · Score: 1

    Combine this redefinition of cracking as a form of terrorism, combine it with the new powers of surveillance to be granted to investigative bodies, and doesn't this look like clear justification for programs like Carnivore?

    If they can get approval now for tapping all phones that a suspected terrorist supposedly uses, not just a single phone they *know* he uses, isn't it just a stone's throw to track *all* communications that a terrorist uses? Suddenly monitoring a large amount of Internet traffic suspected to be associated with a terrorist is necessary to national security.

  172. Re:AGAIN: Ben Franklin by petecarlson · · Score: 1

    It was closer to "He who will trade freedom for security will get, nor deserve, neither"...

    That is actualy an interesting point. Note that this has been billed as protecting freedom when it is really about protecting security at the expense of freedom.

  173. Stupidity by Ogerman · · Score: 2

    I'm sure all the hardened foreign *crackers* are just running in fear now that the US proposes stiffer penalties for attacking computers residing in.. *errhh.. wait a minute.. where is the geographic location of the machine with that destination IP address again?!... darn packet filters, anonymizers, and misconfigured routers. Geez, these guys must be routing through 20 machines or something.. *POOF* darn.. lost 'em again. Good thing we'll nail some clueless, immature middle/high-school/college kids for little mischievious acts, though. Gotta stop terror at it's source.

    And writing viruses? Isn't that a 1st Amendment violation in the first place? The first 'viruses' were born in an academic environment surrounding the research of 'artificial life.' And ever consider that a binary sequence that represents a "virus" in the context of one operating environment could very likely be a benign set of instructions in another? (especially if you bitwise shift left or right or perform other transformations on the data such as compression). Try this if you have access to a windoze box: Load up a bunch of common virus scanners and then try to download some tarballs of your favorite source code. I guarantee you'll get "virus warnings" at random--some based on heuristics, some as direct matches. Computer viruses, like biological ones, can only co-exist with vulnerable hosts. Maybe instead we should outlaw operating systems without reasonable security and access controls. *cough*windows*cough*.

    We might need some new laws to help fight terrorism, but this is NOT one of them. May I suggest: 1.) Repealing the restriction on US supported overseas assassinations 2.) Cockpit "airlock" (2 doors) and non-lethal defense mechanisms on all passenger aircraft 3.) More stringent background checks on immigrants and airport employees.

  174. The "retroactivity" thing ain't what you think by BobTheWonderMonkey · · Score: 1
    The Constitution protects everyone from being criminally tried under a so-called "retroactive" law for something they did before the law was passed. Can't be done.

    What I suspect is going on here is that they want to build a DNA database of "hackers" who committed crimes before this law was passed. Hey, says Ashcroft, we aren't jailing them, so we're constitutionally okay. DNA database != legal punishment.

    (For now we'll ignore the gray area in which this obviously resides...)

    --
    S.
  175. What I see... by smack_attack · · Score: 2

    What I see, is more people getting laid off...
    from the airlines
    and the airplane makers
    and the airports

    What I see, is George Bush spouting more rhetoric...
    things are gonna be hard
    we have to make some sacrifices
    go back to work and be productive

    What I see, is executives of companies...
    still getting big paychecks and bonuses
    living in their big house
    driving their big suv or lexus
    hecho en mexico

    What I see, is more laws taking away our rights...
    turning us into a police state
    protecting corporate interests
    and making more laws from a knee jerk reaction

    What I see, is a long road ahead of us...
    where our fellow Americans die
    to protect Starbucks and McDonalds
    protecting our corporate profits and earnings

    What I see, is the bomb being dropped...
    but not by us
    because we can't do that
    we're too civilized

    I hope we have something worth fighting for after everything is finished.

    1. Re:What I see... by natersoz · · Score: 1

      What I see?

      What I see is someone making another fucking excuse for what amounts to the world's biggest WTO protest. The Taliban is really a bunch of disgruntled white boys from Idaho who dropped out of 8th grade - izzat it?

      The resemblance is humorous. Timmothy McVeigh lives... reincarnated as a sand maggot.

  176. hey, they've been doing it that way for years by Scudsucker · · Score: 1

    Only its not with hacking/cracking, but with trafficing or possesing drugs. You could concievably rape or shoot someone in the head and get out of prison sooner than someone busted for running heroin. I find that pretty disgusting too.

  177. Re:The answer is simple by Carter+Butts · · Score: 1
    You falsely assume that "you have nothing to worry about if you don't break the law." When draconian laws like this are on the books, it takes very little for corrupt enforcers to trump up charges against those they don't like. Add to that the usual pile of simple mistakes, systematic attacks on dissidents, etc., and you've got the makings of a brand new prison population.


    But I'm sure they'll never come for you, or anyone you care about. After all, you don't break the law, do you? And justice always prevails, does it not?


    Never make the mistake of thinking that because you are law-abiding, you are safe.


    -Carter

  178. A little knowledge is a dangerous thing. by Meorah · · Score: 1

    1. Make a fun virus/worm, which switches Windows(tm) wallpaper to a porno picture. A veritable laff-riot would ensue, what with techies scrambling around trying to get the crotch shot removed from the CEO's desktop.

    No, actually the CEO would remove it himself, since the control-freak thinks he needs full local administrative permissions on his laptop/desktop. Unfortunately, he probably wouldn't even the mention the incident to his techies out of shame, and the fact that he can't admit that somebody else might possibly know more about a specific topic than he does. (Substitute feminine references if the CEO is a woman, I don't feel like going to the effort, though.)

    2. If you can delete only one file on a Windows(tm) 9x machine, do c:\windows\system\vmm32.vxd
    The user will get a message something like "missing vmm32.vxd, must re-install windows". It's not just a file you can re-extract. It's built during setup with hardware specific info, like a kernel. You can't just copy someone else's either. Try it, it's fun!


    Speaking of morons who think they know more than they really do, consider checking the Devil's KB to make sure that they don't already know how to fix your "l33t h4ck".

    "I hereby dub thee, Sir Scriptus Kiddious!"

    --
    Protector of Capitalist views,
    Meorah
  179. Here is the applicable United States Code by PenguiN42 · · Score: 2, Informative

    From our proposed bill:

    "SS 25. Federal terrorism offense defined

    As used in this title, the term `Federal terrorism offense' means a violation of, or an attempt or conspiracy to violate-
    ...1030(a)(1), (a)(4), (a)(5)(A), or (a)(7) (relating to protection of computers)... "

    And here are the sections from the US Code that it refers to:

    "Sec. 1030. Fraud and related activity in connection with computers

    (a) Whoever -
    (1) having knowingly accessed a computer without authorization
    or exceeding authorized access, and by means of such conduct
    having obtained information that has been determined by the
    United States Government pursuant to an Executive order or
    statute to require protection against unauthorized disclosure for
    reasons of national defense or foreign relations, or any
    restricted data, as defined in paragraph y. of section 11 of the
    Atomic Energy Act of 1954, with reason to believe that such
    information so obtained could be used to the injury of the United
    States, or to the advantage of any foreign nation willfully
    communicates, delivers, transmits, or causes to be communicated,
    delivered, or transmitted, or attempts to communicate, deliver,
    transmit or cause to be communicated, delivered, or transmitted
    the same to any person not entitled to receive it, or willfully
    retains the same and fails to deliver it to the officer or
    employee of the United States entitled to receive it;

    (4) knowingly and with intent to defraud, accesses a protected
    computer without authorization, or exceeds authorized access, and
    by means of such conduct furthers the intended fraud and obtains
    anything of value, unless the object of the fraud and the thing
    obtained consists only of the use of the computer and the value
    of such use is not more than $5,000 in any 1-year period;

    (5)
    (A) knowingly causes the transmission of a program,
    information, code, or command, and as a result of such conduct,
    intentionally causes damage without authorization, to a protected
    computer;

    (7) with intent to extort from any person, firm, association,
    educational institution, financial institution, government
    entity, or other legal entity, any money or other thing of value,
    transmits in interstate or foreign commerce any communication
    containing any threat to cause damage to a protected computer; "

    now IANAL, but this seems to make the following things terrorism:
    1) Getting or transmitting any information that can be a threat to national security via computer (ie classified stuff)
    2) Knowingly and intentionally doing damage to a computer system of at least $5000
    3) Making and spreading viruses and computer worms
    4) Threatening to do any of the above (within federal jurisdiction), with the intent to do it.

    That's my interpretation, and it's probably wrong. I'm mainly posting this for easy reference.

    --
    The following sentence is true. The preceding sentence was false.
  180. uh huh... by Capt.+Beyond · · Score: 1

    This from a man that thinks dancing is sacreligious.

    I guess it's time I grow my hair back long, and start looking like a stinking hippy again!!

    Question Authority.

    --
    -- "Perceptions create reality. By changing your perceptions you change your reality."
  181. More /. Hysteria by joel_archer · · Score: 1

    More hysteria, hype, doom and gloom from the self-styled elite of the extreme reactionary hacker community. Oh well, with VA bleeding money like a hemopheliac in a room full of Islamic Fundementalist with box cutters, we won't have to put up with their nonsense much longer.

  182. NOT After Every Hacker by dragons_flight · · Score: 4, Informative
    There are only 4 computer related offenses that would be designated under the ATA as "Federal terrorism offenses". Of these 4, the first deals solely with stealing or communicating classified information. The second requires the hacking be used for monetary or material gain beyond just gaining unauthorized access to the computer (unless access is valued over $5000). The third requires that one intentionally cause damage (exceeding $5000, in most cases) to a protected computer, where "protected computer" means US Government, financial institutions, interstate and foreign commerce and communications. The last involves threatening a computer system for purposes of extortion.

    This list hardly seems to encompass "most computer crimes". For instance merely accessing or stealing non-classified information is not a terrorist act. Nor does it include breaking encryption ala DMCA. Defacing websites is not a terrorist act unless the computer belongs to one of the above categories and changing the website results in nontrivial financial losses. Writing viruses/worms is not a terrorist act unless you intentionally use it in a way that damages "protected" computers. (From the wording, I wouldn't interpret this to include merely releasing it into the wild, but a judicial ruling would have to clarify that issue). The crimes they are signaling out are pretty significant stuff and not just any old act of hacking. Let's not further contribute to the FUD.


    What follows are excerpts of the laws in question:

    From The Anti-Terrorism Act of 2001 (Draft 2)
    http://www.eff.org/Privacy/Surveillance/20010919_a ta_bill.html

    Sec. 309: "...the term 'Federal terrorism offense' means a violation of, or an attempt or conspiracy to violate...1030(a)(1), (a)(4), (a)(5)(A), or (a)(7) (relating to protection of computers)..."

    From US Code Title 18, Section 1030
    http://www4.law.cornell.edu/uscode/18/1030.html

    (a)(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;

    (a)(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

    (a)(5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

    (a)(7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section

    Under the same Section, part (d)(e)(2) and (8): (2) the term "protected computer" means a computer -
    • (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
    • (B) which is used in interstate or foreign commerce or communication;
    (8) the term "damage" means any impairment to the integrity or availability of data, a program, a system, or information, that -
    • (A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals;
    • (B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals;
    • (C) causes physical injury to any person; or
    • (D) threatens public health or safety;
    1. Re:NOT After Every Hacker by VivianC · · Score: 2

      So tell me if I'm reading this wrong:

      (a)(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

      This section would make Napster users who downloaded copyrighted files terrorists? I know that the RIAA considers the songs to be something of value and the TOS of Napster specificly states that you are prohibited from trading copyrighted materials. So you have exceeded your authorized access to obtain something of value thus defrauding both Napster and the RIAA.

      And if the law is allowed to be retroactive (in violation of ex post facto), then you have about a million terrorists from the height of the Napster days.

      It may sound a bit far fetched, but the section is vauge enough to allow it and we've seen what companies can do with vauge laws.

      --
      Viv

      Gmail invites for ip
    2. Re:NOT After Every Hacker by dragons_flight · · Score: 2

      I excised the bit where they defined "computer":

      "...the term "computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device ..."

      The song and the CD it is on are not data processing devices. Furthermore they certainly don't meet the standard of "protected computer" which refer to computers used by US Government, financial institutions, interstate and foreign commerce or communications. Also, remember people have granted you permission to access their computers via Napster, it's only the files that carry copyright protection. Breaking copyright is still a DMCA issue but I doubt you could apply any of the ATA terrorism provisions.

      Ex post facto doesn't apply to extending statute of limitations. You aren't allowed to make something illegal retroactively, but you can change the punishments and way things are prosecuted when they were already illegal. Provided the person hasn't already been tried and sentenced (double jeopardy). Incidently, collecting DNA isn't a punishment, rather a law enforcement tool and thus neither argument applies against it.

    3. Re:NOT After Every Hacker by kreyg · · Score: 2

      Well, when you put it that way, it's a little less terrifying...

      Of course, the real questions are a) would this law have prevented terrorist activities and b) will it prevent future terroist activities?

      I fail to see how stiff sentences are going to be a deterrent to the suicidal. Most of the commentary shortly after the WTC attack was to the effect that the U.S. had been focusing too much on high-tech terrorism, and that is why this attack slipped through. How does focusing even harder on technology help in this case?

      I think this is a prime example of how legislation cannot solve every problem. Unfortunately, politicians need to make new laws to justify their existence, and the expectation of the population is that the politicians will make laws and then everything will be OK.

      A lone voice cries out (OK, rants) too far down the thread to matter...

      Oh well, it's not even my country, I'll survive for a while. :-)

      --
      sig fault
    4. Re:NOT After Every Hacker by Rogerborg · · Score: 2
      • The third requires that one intentionally cause [loss aggregating at least $5,000 in value during any 1-year period] to a protected computer, where "protected computer" means [...] interstate [...] communications. This list hardly seems to encompass "most computer crimes".

      I believe case precedent allows companies to count cleanup and consultancy costs as "loss" for damage purposes, not just physical damage and loss of income. $5000 is chump change at specialist consultant rates, and this bill covers any machine that's sent or received a packet across state lines.

      It is as bad as it looks. Why pass a bad law then rely on the courts to apply it reasonably? There's no need for it.

      --
      If you were blocking sigs, you wouldn't have to read this.
  183. Hey Einstein.... by simetra · · Score: 1

    That KB article has nothing to do with what I suggested.
    FYI if you do delete this file on accident, you're screwed. Of course, you could rename your windows directory, re-install windows, copy out the new vmm32.vxd into the renamed windows directory, delete the new windows directory, rename the renamed windows directory back to windows, and you'd be set.
    Of course you already knew that, ass monkey.

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
  184. ohh a quick note by PenguiN42 · · Score: 1

    notice that the 2nd 3rd and 4th violations must occur to a protected (ie government) computer. Hacking yahoo.com and putting "I WUZ HERE" doesn't make you a terrorist. Neither does posting security holes, or sharing MP3s, or reverse engineering DVDs, or what have you.

    --
    The following sentence is true. The preceding sentence was false.
  185. Well I will never wrok for this government. by TastyWheat · · Score: 1

    If this passes I will never do any computer work for the government again. They lost one smart hacker and maybe many more. Don't come beg for us when foreign crackers attack you. Not that its a big deal I guess when deciding such absurdities, but how many machines did the WTC terrorists break into to perpetrate their attack.. Oh yeah NONE!! Fucking NADA!!!! They did it the ol fashioned way, by killing. So fuck you Geroge Bush, fuck you John Ashcroft. Why aren't our leaders heads rolling for this attack? Why do they get away with blaming others? Its the great fucking conservatives who will lead us to gargantuan government I see. I wonder how many fucked up employers will threaten computer programers with this? I won't touch anybody's machine unless they sign fifty waivers in triplicate with a release from the government.

  186. do not pass go... by fluppy88 · · Score: 1

    i'm sorry to say it but once you hack into any other computer system, even if to just say, "I love you", it is a violation of the law and you are a criminal. You deserve to go to jail. how many of you have defaced a website or hacked into a private server? it is not acceptable behavior to do so.

    In some cases i'd like to applaud white-hat hackers. but that, too, is illegal even though it's for a good purpose. to take a fictional example: batman. fights crime. does good. but he breaks the law to do it. he'd be in jail, just like all people who break into servers, hack computers, write viruses should be.

    (if it weren't for you hackers, i'd be able to go at least one week without patching windows!!)

  187. Do I really need to point out that... by archnerd · · Score: 1

    No jury is going to throw someone away for life because downloaded a copyrighted MP3. We have a court system for a reason, and that reason is to make sure that laws get enforced sensibly. You all really need to stop panicking every time a law is passed that could potentially be twisted in such a way that it can be used against an innocent person. This stuff hardly ever happens. There are of course a few exceptions (Mitnick, Skylarkov, etc) but they are few and far between and really not much to worry about. You have a better chance of getting stuck by lightning than getting screwed over by this stuff.

    1. Re:Do I really need to point out that... by MasterOfDisaster · · Score: 1

      Yes. You do. However, if you shoot enough lighting out at us, you'll hit us eventuly

      --
      The opinions in this post are ficticious. Any similarity to actual opinions, real or imagined, is purely coincidental.
  188. Why DNA Databases are Bad by harlows_monkeys · · Score: 1
    DNA databases are very bad, unless they are very complete (they may still be bad, but not for the reason I am about to give).

    The problem is that DNA analysis as used to identify people does not do a complete analysis of the DNA. They basically only look at a few parts of the DNA. That is not enough to uniquely identify a person. For a given DNA sample, there will be dozens or more people in the country who match.

    When used with other evidence, DNA is great. For example, if without using DNA evidence, you have narrowed it down to 3 suspects, and then you take DNA samples and compare to DNA from the criminal, and you get a match, you have, to a very high probability, got the right person. There might be dozens of people in the country who would match that DNA sample, but the chances that one of those dozens just happened to be one of your suspects is very small.

    However, if you start with the DNA, and that is all you have, the chances are good that your match from the database is not the right person. As I said in the previous paragraph, there are dozens or people that match a given DNA sample. That chances are low that someone picked up just for the DNA match is the criminal.

  189. Just watched the news. by certsoft · · Score: 1

    Saw Ashcroft on the tube, makes me think he (and others) are doing their best to change "America Fights Back" into "America Bends Over".

  190. Even more paranoia... by MadDog+Bob-2 · · Score: 1, Troll
    Ashcroft's new proposals, though, go far beyond making computer-crime 'crime'. It already is. What he's doing is making it terrorism. People could be jailed for life for the electronic equivilent of graffitti.

    The really spooky bit is that _helping_ a "terrorist" commit a computer crime is considered an act of terrorism.

    step 1: discover and publish a security hole w/ sample exploit code.

    step 2: watch in dismay as unpatched boxes are rooted and abused months afterward.

    step 3: get on with your life for some arbitrarily long period of time.

    step 4: annoy some suitably influential politician.

    step 5: rot in prison for the terrorist act you committed years before.

    I'm tempted to suggest Canada, but they're working on their own DMCA and would probably cheerfully extradite "terrorists" anyway.

  191. I don't think that's true about conspiracy... by Ungrounded+Lightning · · Score: 2

    If you talk to people about your plans to whack a goose, they can't convict you of conspiracy to commit goose-whacking because there's no law against conspiring to goose-whack.

    I was under the impression that - at least back in the Vietnam Un-War era - there are/were blanket conspiracy statutes that made conspiracy to commit a crime (even a misdemeanor) a felony.

    It was a particularly noxious law. In addition to upping the ante, it criminalized talking about a crime *without committing it*, and made hearsay admissible.

    IANAL so maybe somebody who is can comment.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  192. Re:even scarier by datamyte · · Score: 1

    Actually we live in a constitutional republic where the constitution is supposed to protect the minority from the ignorance of the majority.

    This case being a perfect example...

  193. OK, this should be it by Hugonz · · Score: 1

    Well, in the last century black people got from being called "niggers" to "African Americans", so was the case with gay people, oriental people, single mothers, flight attendants and pretty much any title that ends with -man was replaced with -person.

    Why don't some american hackers out there go marching on the street and stop the media from implying they're CRACKERS???

    Hugo

  194. Later folks! by Squeeze+Truck · · Score: 2

    I've been living and working in Japan this past year. I had been thinking about going back to the US and buying a house or some such.

    Not after reading about this and the national ID card though. You all enjoy your fascist dictatorship. In the interests of myself and my family, I'm defecting -- to one of those "free" (as in speech) countries.

    --

    "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

    1. Re:Later folks! by smaughster · · Score: 1

      >fascist dictatorship..

      What kind of nonsense is this? Fascisme is rascisme with a single leader. The point of discussion here is certainly not about rascisme, but about the general rights of everyone.

      --
      I intend to live forever, so far so good.
    2. Re:Later folks! by radja · · Score: 1

      fascism is a system of government, racism need not be. they are 2 different things.

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  195. Terrorist Hackers. by CFBMoo1 · · Score: 1

    Right now I'm so sick of terrorists and people who think they are doing the country right by pushing an agenda of draconian laws that I just want to turn around and walk away. I won't because I love my country and I believe that people are innocent until proven guilty and should be treated as such.

    Stuff like this really sickens me, watching people play on other peoples fears and realities to get what they want and think would be best for them. In a sense it makes them as radical as the religeous wack-o's that cause all the problems.

    I want a safer and better America, but I also want a free America. I don't want over zelous religeon or government involvement. I think if America puts its foot down on the terrorists and not America's citizens we'd have better results.

    This means catching and punishing those resposible to the fullest extent of law. In this case I think it'd even warrent their heads on a platter concidering all the innocent people they killed.

    If others of their kind see we are just as serious if not more so then mabey they'll think of a more peaceful way of settling their issues. Otherwise we should make them fully understand what their fate will be when we catch them.

    If we restrict people and take away their freedom to communicate and do things peacefully we put them in a prison. This I believe will give the Terrorists what they want, to take away a lot of the freedoms American's enjoy. Based on some of the laws and changes to law I hear being tossed around, I think they may have won.

    Thats my opinion, I speak it freely here from the USA because I believe I could always do so. I will continue to do so until the day they put me six feet below ground. Sorry for the long post, I had to get it out of my system even if nobody listens or cares.

    --
    ~~ Behold the flying cow with a rail gun! ~~
  196. Re:The answer is simple by david.johns · · Score: 1
    If you don't have anything to hide, why use encryption?

    What is Terrorism? What is hacking? Am I hacking if I portscan you? Is there a legitimate use for having a portscanner? Is there a legitimate use for knowing how to write one? Should programmers be licensed? Should non-"compliant" compilers be outlawed? Should open source software be outlawed? (It helps teach people to write programs, and they can get ahold of a compiler!)

    Well, DUH, the answer is simple.

  197. Once again by yamcha666 · · Score: 1

    Once again, big brother is infringing on American's most basic right - freedom of speech and freedom of expression. Now unless this person is known to maliciously "hack" computers, thats one thing. But if a security-freak white hat uncovers a hole in software and shares it through out the good hacker society, technically, he's breaking the law. What kind of crap is that?

  198. It is already defined! by Moooo+Cow · · Score: 1
    Before anyone reads the (predictably inflammatory) SecurityFocus article and decides that all hackers are criminals, you should track down what specifically is defined as being a Federal Terrorism Offense. Read the act, linked to in this article.

    As it pertains to "protection of computers", the following sections apply:

    1030(a)(1): Basically covers national defense/espionage

    1030(a)(4): Fraud via a "protected computer" - where a "protected computer" is one where the exclusive or primary use is for US government or interstate commerce use by a financial organization, in ways that directly affect their use by that government or institution. Note that even stealing credit card numbers from a financial institution (or CDNow, or Amazon, or anyone else) is NOT covered under this provision - it is covered under 1030(a)(2), and is not part of the terrorism definition.

    1030(a)(5)(A): Intentional damage to a "protected computer". Reckless damage (as opposed to intentional damage) is not part of the terrorism definition.

    1030(a)(7): Extortion, again involving a "protected computer".

    Folks, the definition of "protected computer" makes it clear that simply defacing a website is not a "Federal Terrorism Offense", and stealing credit card numbers is not covered either.

    What IS covered is this: espionage, and specific acts that intentionally disrupt the workings of the US government or financial institutions involved in interstate commerce. This is a completely reasonable definition.

    For those of you who argue "hey, I just took down their system for a while, its no big deal"... ask yourself this: is a bomb threat against the government an act of terrorism? Even though you don't physically follow through on the threat, and even though there are no long-term effects the answer is clearly yes. An intentional, malicious strike against a government computer system should be treated the same way.

    --
    Slashdot is entertaining like pro wrestling is entertaining
    1. Re:It is already defined! by Lonath · · Score: 1

      Thank you for finding this. didn't want to read through the whole thing. I mean imagine what happens if you fuck with the air traffic computers near an airport and start causing planes to crash into each other, or if you destroy the command and control for the military during an operation and people get killed. There are times and places where messing with computers will kill people, and even if noone died, they COULD have if you had succeeded.

  199. Ashcroft Is Tivializing Terrorism! by dalesun · · Score: 1

    Including simple computer crime in this act is unnecessary and trivializes the act of terrorism. What an obscenity. There is a BIG difference between damaging a building with a can of spray paint, and with a 757. The penalties for these very different crimes are of course very different. Our chief law enforcement not seem to understand this concept. I have been expecting this type of excess in the overzealous rush by politicians to be seen as doing something to fight terrorism. As W said, "You are either with us, or you are with the terrorists," and there is no room to question or dissent. No politician will dare to question this proposed act publicly. We should all remember that the road to hell is paved with good intentions. Who and what will be the next domestic casualties in this war? I shudder to think.

  200. Script Kiddies by ruvreve · · Score: 1

    This should cut down on script kiddies defacing websites because they downloaded an exploit.

  201. If this were happening in the Auto Industry... by whizzmo · · Score: 1

    So....

    If you know 25 other people that have the same type of CAR that you do
    and they all are having problems with X failing on them,
    and you decide to document this failure and let others know, what is this called?

    "Class action Lawsuit" or "Lemon Law".

    OTOH, If you know 25 other people that have the same type of SOFTWARE that you do,
    and they all are having problems with X failing on them,
    and you decide to document this failure and let others know, what is this called?

    "Life in Prison".

    --
    nuclear presidential echelon assassination encryption virulent strain
    Whizzmo
  202. Ask ex-cops.... by ReTay · · Score: 1

    There is a law in place that if you have been convicted of ANY type of domestic violence EVER you can not own a hand gun. The howling of cops that lost their jobs did not get the supreme court to overturn the law. It was retro active as well. If they are allowed to get away with it they will continue to take away our rights.
    If you don't believe it simply continue to do nothing.

    1. Re:Ask ex-cops.... by Velox_SwiftFox · · Score: 2
      Ironically, A.G. John Ashcroft seems to be opposed to this particular law, according to this article at The Center to Prevent Handgun Violence.

      What more is there to say about a U.S. Attorney General who is more concerned about web pages being defaced than people being blown away by firearms, in the hands of convicted criminals and others who've been judged a danger by the courts?

  203. Re:AGAIN: Ben Franklin by TeraCo · · Score: 1
    So.. how long has illegally breaking into computer systems been a 'liberty'?

    In some ways, a lot of people in this forum are is detached from reality as those who claim they need an automatic weapon to go hunting.

    --
    Not Meta-modding due to apathy.
  204. See the following... by RachaelAnne · · Score: 1
    At http://www.eff.org/Privacy/Surveillance/20010919_a ta_bill.html in Section 301 it says: "Notwithstanding any other provision of law, an indictment may be found or an information instituted for any Federal terrorism offense at any time without limitation." and "The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of enactment of this section."

    Sounds retroactive to me....

    Rachael

    --
    "Go Forth Ye Lemmings and Propagate"
  205. Ironic Terror by fm6 · · Score: 2
    The irony is that he wants to fight assaults designed to change the purpose of government by changing laws in direct response to a terrorist attack.
    There's nothing ironic about it. That's the way terrorism works. You don't think OBL murdered 6,000 people just for the fun of it? He did it to provoke a reaction. The bigger and nastier, the better. Which is probably why he waited for a Republican administration before launching this attack.
    1. Re:Ironic Terror by SnapShot · · Score: 1

      No one knows if OBL is responsible. Bush's popularity ratings are about 90% from about 45% before 9/11. Now we know one person with a motive.

      The conspiracy theories begin here... ;)

      --
      Waltz, nymph, for quick jigs vex Bud.
  206. By his own definition by Cato+the+Elder · · Score: 1

    Ashcroft is quoted as saying his definition of terrorism is "broad enough to include...assaults designed to change the purpose of government." So does that mean that these sweeping bills that he's been pushing are themselves a terrorist attack?

  207. Re:The answer is simple by jdavidb · · Score: 1

    It isn't that simple.



    Things rarely aren't.



    Consider the case of Randall Schwartz.



    Good idea. Here's another case of a law written by people who whine that programming a VCR is too hard, but then, in a fit of "We've got to get tough on computer crime"-ism, seem to think they know more than the people who actually use computers.



    In my opinion,



    Yes. I have a different one I'm about to express.



    he clearly broke the law



    Yes, but so did everybody else in his state that used a telephone system.



    and paid for it.



    Boy, you better believe it!



    The ruling was fair,



    What are you talking about? Exorbitant sums of money and a permanent criminal record are fair punishment for telling your employer that some of his employees are violating the employer's security policy?



    he learned his lesson,



    Unfortunately, the lesson many of us got out of this was cynicism.



    and he still manages to make many positive contributions to society.



    Right you are! Randall's really a good human being, considering all he's been through. None of it was fair, but he still manages to make many positive contributions to society.

  208. Do something about it by curtisg · · Score: 1
    The EFF has an action alert with a sample letter to send to the committee members who are considering this legislation.

    I heard on NPR that they are postponing consideration of this until next week, so you have time to send letters.

  209. Pentagon Papers, anyone? by leifb · · Score: 1
    So suppose an individual with heavy hacking skills learned that high-level government officials were misleading the public with regards to a military undertaking.


    Further suppose that individual hacks the proof out, and gives it to a reporter with the Washington Post.


    Finally, suppose the reporter does the write-up and the editor lets it see print.


    Now the hacker is a terrorist.
    Now the reporter who refuses to disclose sources is harboring a terrorist.

  210. ex post facto law by El · · Score: 2
    Doesn't retroactively abolishing the statute of limitations violate Article 1, section 9 of the U.S. Constitution: "No bill of attainder or ex post facto Law shall be passed."


    Does willfully acting to violate the U. S. Constitution make Ashcroft guilty of treason?

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  211. crap by PenguiN42 · · Score: 1

    sorry I didn't see that someone already posted this above. Please be merciful with your redundant moderations ^_^

    --
    The following sentence is true. The preceding sentence was false.
  212. CIA held criminally libel? by 3seas · · Score: 1

    "Harboring or providing advice to a hacker would be terrorism as well"

    Does this mean that the CIA is going to be held criminally libel for
    training bin laden? Or is that OK?

  213. Re:Take me away. by natersoz · · Score: 1

    I seriously doubt that you have *any* programming abilities.

    Please, leave. Don't let the door hit you in the ass.

  214. Terrorism only applies to "protected computers" by PenguiN42 · · Score: 1
    The only one that concerns me very much here is 5A - it seems like high-paid corporate lawyers could easy "prove" that for example, if 1337D00D@scriptkiddy.com maliciously hacks into www.microsoft.com and puts a link to his website on the index page, that he's obtained at least $5000 worth of advertisement...

    Come to think of it, I'm a little leery of the "or exceeds authorized access" bit in (4) - if one "accesses" a computer to purchase and legally download some proprietary "protected" piece of music or video, and finds a way to convert it to a nonproprietary format for personal use, has one "exceeded authorized access" and is therefore not merely a DMCA Criminal but a full-fledged DMCA Terrorist? It's a bit of a stretch, but I think a wealthy corporation can buy enough lawyer-approved powerpoint slides "proving" this to a non-technical jury...


    If you noticed, sections 4 5A and 7 only apply to "protected computers." From the US Code:

    (d)(e)(2) the term ''protected computer'' means a computer -
    • (A) exclusively for the use of a financial institution or the
      United States Government, or, in the case of a computer not
      exclusively for such use, used by or for a financial
      institution or the United States Government and the conduct
      constituting the offense affects that use by or for the
      financial institution or the Government; or
    • (B) which is used in interstate or foreign commerce or
      communication;

    So only attacks against state and financial institutions, and computers used for interstate or foreign commerce and communication can be deemed terrorism. There are further definitions in that section if you're curious. Hacking www.microsoft.com or downloading pirated video won't count as terrorism. Slashdot folk have to stop being so knee-jerk about all this.
    --
    The following sentence is true. The preceding sentence was false.
    1. Re:Terrorism only applies to "protected computers" by Cederic · · Score: 2


      >> interstate or foreign commerce or communication

      I'm reading Slashdot from the UK. So there's foreign communication going on. If someone hacks Slashdot, they have hacked a protected computer.

      See also: Microsoft

    2. Re:Terrorism only applies to "protected computers" by PenguiN42 · · Score: 1

      thanks for reading my own reply to my post first.

      --
      The following sentence is true. The preceding sentence was false.
  215. Score -1, Offtopic by roystgnr · · Score: 1

    I have a really funny sig line that is too long for this. Bummer.

    f yr sg brly ds nt ft n th spc thn try t wtht ny vwls. Wll tht wrk?

    1. Re:Score -1, Offtopic by rjamestaylor · · Score: 1

      If I had mod points...this would be +1 Funny. For whoever modded this to -1 Offtopic needs to fear metamod...

      --
      -- @rjamestaylor on Ello
  216. .... by SmellMyTeenSpirit · · Score: 1

    what possible crime could a hacker do to constitute life in prison?

    --
    "Cornflakes are not the innocent critters they seem"- Sterling Morrison
  217. You made a typo. by roystgnr · · Score: 2

    So only attacks against state and financial institutions, and computers used for interstate or foreign commerce and communication can be deemed terrorism.

    You've mixed up one of your logical operators, there; there's a big difference between "and" and "or". The correct operator is "or". As you quoted the first time:

    which is used in interstate or foreign commerce or communication

    Only computers used for interstate communication, huh? That would be everything that has an IP address...

  218. shit! by PenguiN42 · · Score: 1

    I just read that courts have interpreted "which is used in interstate or foreign commerce or communication" so that it basically applies to any computer on the internet. Crap. Never mind my post then, this is as disturbing as you implied. Hacking microsoft.com and putting "hi! i was here!" might be terrorism =/

    See http://www.washingtontechnology.com/news/15_18/wor kplace/14995-1.html for a specific case where they used this interpretation. Basically, you could send email out of state from a computer, so it was a "protected computer"

    --
    The following sentence is true. The preceding sentence was false.
  219. Unauthorized Access == Terrorism by werdna · · Score: 2

    I have represented parties in civil lawsuits where CFAA violations have been pleaded as counterclaims. I am here to tell you that the courts have treated virtually ANY alleged unauthorized access of a computer as a CFAA violation that will be likely to survive a motion to dismiss and summary judgment. It is, to me, chilling that such naked allegations as "he wasn't supposed to do that" could be sufficient to put an individual away for life.

  220. CFAA Applies TO EVERY COMPUTER by werdna · · Score: 4, Informative

    Indeed, only crackers who attack "protected systems" (meaning .gov and .mil boxen - not the d00d who hax0rz the average web site) appear to be in line to get their asses handed to them on a silver platter under this Act, and those provisions I can support. (Hell, those are about the only provisions I'd support ;-)

    You are so wrong you can't believe it. The CFAA defines a "protected computer" to mean a computer that is used in interstate commerce. This means any computer connected to the internet or a modem.

    I have litigated CFAA civil actions, and I am here to tell you that virtually ANY unauthorized access where virtually ANY valuable information is received, or where ANY valuable data is modified or changed is quite arguably sufficient to lay down a prima facie case.

    This bill is as bad as you first thought it was.

    1. Re:CFAA Applies TO EVERY COMPUTER by Syberghost · · Score: 2

      To support your post, werdna, I call everyone's attention once again to Randal Schwartz' felony conviction.

      Under this act, he could have gotten life in jail for this, had they decided to go after him for federal violations instead of Oregon state.

      Is that really the kind of power we want to hand to Ashcroft right now? Do we want some kid with brown skin and Muslim parents to get life in jail because he defaces a web page in protest of some government excess?

      Or would we rather he get the kind of punishment he'd get if he'd defaced a meatspace billboard instead of a computer one?

  221. Show them what we think.... by phathead296 · · Score: 1

    First step is to write. Kill a tree and send a letter to everyone you voted for (or against) or would have voted for if you had voted (shame on you!). Make copies of your letter for your lazy friends. All they have to do is sign.

    And then....

    If this becomes law (and that seems pretty certain) we need to call for a world wide strike of all IT professionals. Turn off your servers, turn off your routers, don't give anyone the passwords. Go home for a few weeks. Advertise the reasons for your strike on every web page you influence. See how the people like their new laws when they can't access the information they want.

  222. life for hacking by kpeerless · · Score: 1

    It makes me pleased to be a Canadian. So far out of this lash-up the government is contemplating issuing picture ID to immigrants and deporting them if they are or become criminals.

    Better consider moving north to the true land of the free and the home of the brave. We're NOT sending any of our folks off to Afghanistan to get holes punched in their asses. So far the PM seems to be standing firm in our commitmernt as Peacekeepers.

    Pot's cheap and simple possession generally nets you a $25 fine. If they bother. And you can learn to fly if you like. Don't send a letter to your congressman. Send a check to your travel agent.

    But leave your guns at home, boy, don't take your guns to town... at least not here..

  223. What about spam? by Polo · · Score: 2

    How does this apply to:

    open-relay abuse spam

    I would think it would abolish it (for U.S. citizens)

  224. Ex post facto by Frank+T.+Lofaro+Jr. · · Score: 2

    Isn't retroactively changing the statute of limitations an "ex post facto" law and hence unconstitutional?

    Any laywers care to comment?

    --
    Just because it CAN be done, doesn't mean it should!
    1. Re:Ex post facto by iamblades · · Score: 1

      Since when has constitutionality had any factor as to which laws are passed by congress?

      I do beleive you are right though, but IANAL...

      --
      Shit adds up at the bottom...
  225. Bah by RiffRafff · · Score: 1

    Ashcroft can suck my dick.

    A fellow Missourian

    --
    "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
  226. Evidence of a social breakdown in the US? by Futurepower(tm) · · Score: 3, Interesting

    Yes, the U.S. may be becoming a police state. Not only does the U.S. have at least three agencies that police the entire world, the NSA, the FBI, and the CIA, but the U.S. has the highest percentage of its citizens in prison of any country ever, in the history of the world.

    Here are the official December 31, 2000 prison statistics from the U.S. Department of Justice. Sorry about the formatting. The lameness filter is lame. It won't let me post enough leading dots.

    People in federal and state prisons... 1,312,354
    People in local jails... 621,149
    People on probation... 3,839,532
    People on parole... 725,527


    Total number of citizens... 6,498,562

    The total population of the United States, projected to September 24, 2001 at 6:34:55 PM PDT is 285,218,008. Therefore, 2.3 percent of the entire U.S. population is in prison or involved with the criminal justice system. But remember, many of those are babies or children. About 3.1 percent of all adult U.S. citizens are in prison, jail, or on probation or parole.

    An April 20, 2000 ABC News article, U.S. Prison Population Rising says that the percentage of growth of the U.S. prison population is rising.

    There is other evidence of social breakdown: An August 19, 1998 BBC News article, The United States of murder, says that the city with the highest murder rate, Washington, D.C., has a murder rate 170 times higher than the city with the lowest murder rate, Brussels, Belgium. The nine U.S. cities in this study of murder rates all were in the list of the 12 cities with highest murder rate.

    There is evidence that the secret agencies of the U.S. government and the weapons manufactureres have too much control: What should be the Response to Violence? .

    --
    Bush's education improvements were
    1. Re:Evidence of a social breakdown in the US? by someone247356 · · Score: 2, Insightful

      Actually, I believe that the large numbers of people in prison is a direct result of the "War on Drugs".

      If you look into those statistics you've quoted, I'm sure you'll notice that the largest proportion of inmates is in prison for NON-violent crimes. Specifically drug related. The current insanity has lead to pot smokers getting minimum 20 year sentences while killing someone while you were drunk driving may get you probation.

      Obviously people have forgotten the lessons learned under prohibition. You remember that one don't you? We made alcohol illegal, even passed a constitutional amendment. What happened? Grandmothers became criminals, prison populations went up, and we provided the funding for the Mafia. We had to pass another constitutional amendment to undo the one we passed to make alcohol legal again.

      Parallels anyone? How about pot, cocaine, etc. being illegal. Otherwise law abiding citizens are now criminals, prison populations going up, and we are funding the "Triads", "Columbia drug cartels", "Yakuza", "Jamaican posies", maybe even the "Mafia"

      Now that we are treating "intellectual property" as real property, (Hint: it isn't) reading, writing, copying, learning are now criminal activities. Even more otherwise law-abiding citizens will be criminals, prison populations will grow even faster, life will generally suck more.

      Oh, and I don't think that the "weapons manufactureres"[sic] have too much control. I don't think they have anything to do with it. If you gave every man and woman in the country a gun, I don't think that the murder rate would go up any, who knows, it along with other crimes might even go down.

      Murder, theft, rape, physical property destruction, etc. should be crimes. Prostitution, gambling, smoking (tobacco, pot, etc.), doing other drugs (alcohol, cocaine, ecstasy), "intellectual property" misuse (if that's possible) shouldn't be.

      Just my $0.02 (Canadian, before taxes)

      --
      Just my $0.02 (Canadian, before taxes)
    2. Re:Evidence of a social breakdown in the US? by mimbleton · · Score: 1

      Large part of this is related to infamous ( and incredibly wasteful) war on drugs.
      Another issue to consider is the fact that white population, here in US, is about as much likely to commit crime as are citizens of Belgium or France.

  227. Act fixes the problem not the cause by FelineFiend · · Score: 1


    The has to be thousands of "script kiddies" out there (getting?) ready to take on the task of hacking systems or creating a virus. If anyone has seen the sizable contracts a couple of there predessors have gotten it would seem like a good idea. This act is there to change that but has the same effect as capital punishment on a serial killer i.e. it just makes the thrill of getting away with it greater.
    How about companies think about hiring these hackers and crackers to secure the systems and keep them channelled on something good rather then bad so that this act can act against those whom it is meant for (osama bin laden?)

  228. Also, know what you are talking about by dragons_flight · · Score: 2

    The article that started all this is largely FUD, and a poor representation of the legislation being past. If you are going to write to Congress at least read the intelligent posts on this page, if not the legislation itself. Making statements which are factually wrong will more than likely cause them to dismiss the whole letter without considering your opinion.

    If you look around at the other posts, you'd realize these modifications only applies to 4 of the more severe computer crimes for which we have laws (though one can be legitimately concerned about stretching them to cover less serious crime than what were intended). Also it allows life sentences to be applied but it doesn't mandate them, and any applicable lesser sentence can also still stand. Ex Post Facto doesn't apply because it's not making things illegal retroactively, only removing the time limits on how soon actions that were already illegal can get prosecuted.

    Finally, remember that the computer provisions are only a small part of ATA, and I for one don't mind tougher rules for kidnapping congressmen or attacking nuclear power plants, etc. Know what you are upset about and have good reasons why.

    1. Re:Also, know what you are talking about by samantha · · Score: 2

      Precisely what parts do you consider FUD? Terrorism is not well defined in the proposal (not legislation yet thank God). Computer crimes are mentioned but not well enough delimited for me to fee very safe. Whatever is able to be called terrorism now or in the future is proposed to be prosecuted with no statue of limitations and precious little judicial review or due process. Do you deny any/all of these allegations or are there specifics you believe are hunky-dory?

      What other posts? Quote the original relevant material and some credible interpreters of it. There is nothing in the proposal that serves to limit expanding what is to be terrorism. That is one of the most frightening aspects of it. Even more dangerously, what aiding and abetting "terrorists" does and does not mean is also not defined. So what do we do? Pass this blank check and wait for case law to define what it does and doesn't mean?

      In this country we spend many months scrutinizing what kind of sex a President did or did not have in the oval office yet we are asked to run a blank check like this potentially impacting all of our freedoms through Congress in a week? Does anyone actually believe that what is proposed will make an extremely short term difference in stopping terrorism? No? Then why not scrutinize this proposal and its repurcussions for at least a month or more? I think our freedom is worth that little bit of extra care.

      Don't you?

    2. Re:Also, know what you are talking about by dragons_flight · · Score: 2

      Terrorism is well defined as any of the already existing crimes listed under section ATA Sec. 309.

      To know what those crimes are you would have to reference the original legislation that made them crimes. I discuss the computer crimes in this post. To expand terrorism statutes would require additional laws, not just a drop of the hat.

      That advice clause of ATA refers to the Sec. 306 modifications of US Title 18, Section 2339A which makes giving "expert advice" or "training" illegal if done so with the "knowledge or intent" that this information be used in a terrorism offense. There is no culpability if you believe that your advice is being used for legitimate purposes.

      Actually it does contain provisions to allow one to continue holding foreign nationals believed to be associated with terrorism, which is immediately relevant. But for the most part, okay lets review the thing for a while. Sure. Sometimes I think the government would be well served if they offered interpretation of proposed law, so people didn't make stupid conclusions about it before they could argue where the intended interpretation disagreed with the letter of the law.

    3. Re:Also, know what you are talking about by arkanes · · Score: 1

      Finally, remember that the computer provisions are only a small part of ATA, and I for one don't mind tougher rules for kidnapping congressmen or attacking nuclear power plants, etc. Know what you are upset about and have good reasons why.

      "Rider" legislation like this is one of the great dangers of our political system - Okay, tougher rules for attacking nuclear power plants is all well and good, but do we really need to include computer crimes under thise same bill?

      From my reading of it, non-terrorist computer crimes would also be covered. Of course, a common tactic these days is redefining anything you want as "terrorism"....

  229. Lunch meat. by Jarvo · · Score: 1

    If only the law extended to spam as well...

  230. What's Ashcroft really saying here? by Velox_SwiftFox · · Score: 2
    Well, let's analyze what Ashcroft is doing.

    He's conflating vandalism ("willful or malicious destruction or defacement of public or private property") with major violent crime by using the term "assault" in other than its normal legal sense - a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in apprehension of such harm or contact.

    In effect he's raising the status of a collection of hardware and software to the legal status of a person, if not trying to imbue it with human emotions.

    In other words, he's making a total ass of himself. Let us strive to prevent him from doing the same to the legal code, shall we?

  231. Shifting blame by Animats · · Score: 3, Insightful
    All this looks like an attempt by Ashcroft to shift the blame for the FBI's failure to prevent terrorism. Remember, the FBI was under heavy criticism for dropping the ball in some important cases.

    Whistleblower protection with real teeth would be more effective in cleaning up inept government agencies. So would giving the federal Inspectors General the power to fire Federal employees. But no, Ashcroft's not asking for that.

  232. We're not terrorists.. by defile · · Score: 2

    ..but passing this bill will turn us into terrorists.

    I wonder how many other terrorist groups started out like this. It really puts things into perspective.

    In retrospect, it's so obvious that we're becoming society's new scapegoat. Amazingly, some people have held that belief all along (Emmanuel Goldstein, since about 1985)

  233. Well, let's look at this... by pornaholic · · Score: 1

    All programs are numbers that represent something.

    Hacking is gaining knowledge of a system through an abnormal process

    So to take a step away from pure tech appilcations, couldn't a mathematician or physicist can be considered a hacker and therefor a terrorist under the proposed statutes?

    By manipulating known values, they both come away from their studies with an increased knowledge of the world through mathematical manipulation. Such manipulation would have to be considered abnormal simply becaus it's probably never been done or observed before in the history of Man.

  234. But giving advice about murder is not illegal by Gorimek · · Score: 2

    But this law specifically makes giving hacking advice illegal, and classes it as terrorism. I don't think there is a similar law for murder.

  235. What about foreigners? by TheMidget · · Score: 1
    And what happens if the hacking is done from abroad? Say, a highschool kid from Liechtenstein hacking hotmail? Would the US military then start carpet-bombing Liechtenstein for "harboring known terrorists"?

    These kinds of laws make it look like it was actually the CIA (or some other TLA) who orchestrated the hijackings, in order to have a handy excuse to get "favorable" legislation into place. Back in the day, the Germans did the same kind of thing with the "Reichstagsbrand". Think about it.

  236. Listen Up, Speak Up, Act up by samantha · · Score: 2

    This stuff is extremely dangerous. While the country is reeling from 9/11 Ashcroft and company are seeking to do an end run around due process, legislative considerations, the Bill of Rights and, potentially, the freedom and security of all of us. What does "terrorism" mean? Why, it means whatever Ashcroft and company say it means this week, or next week or next year. And of course all future definitions are retroactively effective. This week it covers amorphously "computer crimes" which we all know are so well defined there is no confusion there right? Anything and everything any of us geeks/nerds do is, or will be if this or that bill is passed, a "computer crime". If you somehow manage to escape the ever-broadening net of what is a computer crime and therefore "terrorism" then you better be real careful of who you trade code with or date or give tips to before you are accused of aiding and abetting a terrorist!

    These people aren't fooling around. They can take everything you own and lock you up for as long as they wish by this proposal without even necessarily charging you!

    Please, PLEASE pay attention and do what you can to fight this now while you still have the ability to do so. At this rate it will not be so easy very shortly.

    Call your congress critters. Write editorials. Inform your friends. Demonstrate. Support any/all organizations fighting this before they get accused of aiding and abetting terrorists!

    The time for vigilance is NOW.

  237. (Deep sigh) by Kasreyn · · Score: 2

    Is anyone else getting this feeling of being overwhelmed by sadness and pity? I'm a U.S. citizen, watching laws be considered that would have made the Brown Shirts proud. I'm a compassionate human being who was horrified by the terrible violence brought home, not only to my country, but to close friends of mine in NYC.

    But nothing horrifies and saddens me more than seeing such laws even be CONSIDERED in the United States of America. In the U.S. I grew up believing in, the Land of the Free and the Home of the Brave, such a law would have been laughed right out of the Capitol building. In the america I grew up believing in, Patrick Henry was one of our heroes, with his fiery "Give me liberty or give me death!" We even have a state whose motto is an even more extreme, "Live free or die!" And then at the slightest fear, at the slightest hint that the price of all this freedom - death, of course - might actually have to be paid, and these Free, Brave americans roll over like mewling puppies and - beg! - for the shackles to be applied. These horrible feats of mislegislation and unconstitutionality are not being forced through against opposition, they're tripping over themselves to write it because Americans are screaming for it.

    So I don't know which I'm more ashamed of. Egotistical men with no understanding of their own margin of error, recklessly wielding powers they neither deserve nor understand. Or the people who are meekly letting them do it, because they're too afraid to stand up like men and retain their freedom. I'm going to bed now, and if I could cry I would. I'm just too appalled.

    -Kasreyn

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  238. discover a LAN, go to JAIL by TheGratefulNet · · Score: 2
    could it ever get to that?

    I work in the network management industry. we like to draw maps of networks (sometimes in pretty pictures).

    its a frequent technique that you ping a whole subnet (or network range) to discover which boxes are alive, maybe which services run on each box, etc. to do this, you probe.

    you might do a slight portscan by trying to discover if the box is a host or a router (or whatever). you may even do this in net.ranges that may or may not belong to you (perhaps you might overlap since you might be thinking of class-c when in fact, its subnetted larger or smaller than that and you didn't know that).

    so if I discover a network (again, a fairly typical thing to do in the netmgt field) and I happen to set off some alarms, and someone gets overzealous, could I end up being "bubba's bitch in the big-house" for life?

    doesn't the conceivable abuse of this law seem totally shocking to anyone in the computer industry?

    --

    --
    "It is now safe to switch off your computer."
    1. Re:discover a LAN, go to JAIL by TheGratefulNet · · Score: 3, Informative

      I found this text (from 1030(a)(1), (a)(4), (a)(5)(A)):

      (5) (A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

      so, does this also mean that if I happen to ping some windows box and maybe it crashes when I ping it (that doesn't surprise me, does it surprise you?), and that windows box belongs to some whitehouse bigwig, am I now a terrorist?

      --

      --
      "It is now safe to switch off your computer."
  239. Re:The answer is simple by Anonymous Coward · · Score: 1, Interesting

    FWIW, most of us in Intel computer security think that Randal really got shafted by the state. Arrogant prima donna? Yup. Felon? Whoa there. That case was a lot of work, and continues to hurt my ability to recruit outside talent to this day. Now Dmitri is going the way of Randal, and there's no guarantee that the result will be any different. Don't count on the courts to overturn bad laws, because real people get their lives destroyed by being test cases.

  240. Who are the Terrorists??? by xophos · · Score: 1

    Well that's what i call Terror! Your Governmet is running amok. Who is going to stop them? If they go this road further, the awsome amount of destruction in NY will look like a fart compared to the damage America caused it self reacting to it. If i lived in the US i would run anywhere else before it's to late!

  241. Constitutionality by torklugnutz · · Score: 1

    Look, passing a reactionary law is one thing, getting it to stand up to the scrutiny of the Supreme Court is another. In the short term, it could/will violate people's rights, and for the few that are unlucky enough to be arrested, a tremendous amount of time. Potentially, this could set the stage for dozens of new Dmitry/Kevin-escque t-shirts to be produced.

    The point is, we still have our constitution despite the best efforts of lawmakers.

    --
    Often in Error, Never in Doubt.
  242. I'm goin� to jail?!? by z-man · · Score: 1

    I once helped a script-kiddie with his Windows (I fixed it, thus enabling him to pursue more havoc).

    Guess I'm a terrorist as well then.Better find a place to hide.

    C-ya.

  243. Should be clear to anyone by now... by Bostik · · Score: 1

    Yep, U.S. has the best government money can buy.

    Why am I not even surprised?

    --
    There is no such thing as good luck. There is only misfortune and its occasional absence.
  244. Nah, they want to clone us. by Biker+Jim · · Score: 1

    That whole generation gets off on boris carloff movies with brains in glass jars. "Then the brains took over"
    JS

  245. Too much complacency by njdj · · Score: 1

    A lot of people say they see little wrong with this. Please consider these:

    1. Laws which are retroactive, like this one, are inherently unjust. The whole concept of the rule of law is based on people knowing what the legal consequences of their actions may be. Retroactive laws destroy this.

    2. Lawmakers increasingly like to define something as something else. Here, they define some kinds of computer offences as "terrorism". Am I the only person who thinks this stinks? The purpose is to confuse people. You send someone to jail for 10 years for an offence which may be equivalent to scrawling graffitti on a web site. Then you tell people he's in jail for terrorism. That stinks. Yes, it's bad to scrawl graffitti, whether on tangible property on or a web site. Yes, kids who do it should be punished. But it has nothing to do with terrorism.

    3. People generally seem increasingly willing to inflict terrible punishments, in this case life imprisonment, on their fellow citizens for less-than-terrible offences. A penalty as drastic as life imprisonment should be reserved for the most drastic crimes.

  246. This is funny in an odd way... by RyuuzakiTetsuya · · Score: 1

    COnsidering that now, CS instructors are teaching students in highschool bsd sockets, and thusly, about buffer overflow. Thusly, they just provided information and advice to a possible "hacker" Which would be illegal under this law rite?

    --
    Non impediti ratione cogitationus.
  247. Oh America, see what you are doing? by DeLancie · · Score: 1

    On the day of the attacks, George W Bush stood tall and proud and told the terrorists they would not win. They could not win. American freedom was precious and would be defended.

    Every day I see some new freedom being removed from American people. Every day I see some new law being introduced under the anti terrorism law.

    You're in danger of imploding your freedom's America. Grave danger. Step back Senators. Step back DA. Step back war mongerers and please realise, before its too late, that you are giving the terrorists EXACTLY what they want. Exactly what they want.

    Step back. Slow down. Stop reacting. Make the new laws from reasoned discussion, reasoned thought and stop reacting out of fear. American's should not be afraid.

    Ask the British for advice. Or the Spanish. We've dealt with terrorists for 25 years or more. Bunches of our civil liberties are gone as a result, but none are even a mere shadow compared to what your guys are proposing. I'm scared for America - not because of terrorists, but because your Senators want to do exactly what the terrorist want them to, and that is to remove your freedoms.

    --
    My life is on display at http://www.deardiary.net/ if you really care
  248. I'm glad I'm not living in the USA. by Craefter · · Score: 1

    And I don't ever plan too.
    I just hope they do not force their way of "free" life upon the rest of the world.
    Wasn't there a saying: Do not bite the hand that feeds you?

  249. They are after *Every* Hacker by IIH · · Score: 2
    The third requires that one intentionally cause damage (exceeding $5000, in most cases) to a protected computer, where "protected computer" means US Government, financial institutions, interstate and foreign commerce and communications.

    Emphasis mine. In other words, a "protected computer" is any computer on the internet worldwide. Every computer on the internet is "used in interstate communication", isn't it?

    Defacing websites is not a terrorist act unless the computer belongs to one of the above categories

    Can you list any web site that *doesn't* belong in the "protected computer" category as outlined above?

    Also, that under this act it won't be "defacing a web site", with the overtones of "graffati", it will now be defined as "attacking a protected computer", with the overtones of "terrorism".

    It's all about perception in the public eye, the ordinary person will hear "attacked a protected computer", gasp, and call for a severe punishment, even if he has no idea what the wrongdoing entailed.

    --
    Exigo spamos et dona ferentes
  250. Yes they are ! Re:NOT After Every Hacker by bungo · · Score: 1

    The second requires the hacking be used for monetary or material gain beyond just gaining unauthorized access to the computer (unless access is valued over $5000).

    And you think that the amount will never be reached? Do you think that the system owners won't inflate any amounts so it becomes over this amount?

    How about Randal Schwartz? For what he did he had to pay $68K. Do you really think that stealing a little computer time and access was worth that much?

    And how about Kevin Mitnick? One of his crimes was
    "downloading of Sun's source code cost the company $80m"

    Yes, that right, the same code you can now get for free from Sun. Do you really think that he could have caused that much damage to Sun?

    If you attacked my server at home, I could easily make up a figure close to that of $5,000, based on my normal hourly billing rate and making up an amount of time it took to rebuild my system.

    If you truly believe that this law will not be used unjustly, then let me tell you about this nice bridge I have for sale.... hardly used, going cheap....

    --
    "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
    1. Re:Yes they are ! Re:NOT After Every Hacker by dragons_flight · · Score: 2

      monetary or material gain to me != loss to the company. There is plenty of precedent for costing the company large amounts of money without any personal gain.

      Schartz was tried under Oregon law not US, and without knowing more, I would doubt that attacking an internal network would meet the standard of "protected computer" which applies to (a)(4) as well as (a)(5)(A), although I didn't mention it in my summary. Secondly it's not clear that Schartz gained anything of value to him for what he did? If you wanted to attack him as terrorist I'd guarantee you a much harder case than the easy Oregon law.

      You are confusing (a)(4) which deals with only my gains, with (a)(5)(A) which can deal with your losses. I'd dare say I could challenge your $5000 figure and the fact that your server at home qualifies as a "protected computer". Oh an also note that the damages only count intentional losses, losses dealing with unintentional/reckless acts fall under (a)(5)(B,C) which are not terrorist statutes. If you want to prosecute me for attacking you then there are other non-terrorism laws that make more sense and would be easier for you to win in court.

  251. I think you'd all be a lot happier if... by james(honest) · · Score: 1
    I think you'd all be a lot happier if you americans realised that:

    a) You already live in a totalitarian police state with a facade of democracy, and

    b) None of you are prepared to do anything about it (unlike your founding fathers).

    So why not give it a rest? Its not that bad. Theres only a small probability that it will be you thats carted off into the night. Sure possessing open source software will soon be a crime (because it doesnt have backdoor crypto), but, really, MS Windows doesnt cost that much. Its not like you're starving, or dying, like the people who make your nike's.

    Your own CIA has smuggled drugs which has surely killed many americans. Is it that hard to believe that they'd "miss" this terrorist attack so they can get some great laws through. Or, "whoops" we bombed the wrong factory (that just happened to be the only competition for US companies in the region). Or, UNICEFs claim that 500,000 children died who didnt need to because of the sanctions against Iraq, but, hey, my V8 has cheap gas.

    Your american dream isnt what you think it is. But its still pretty nice. So stop whining about it and chill out. Have a bud. Drive your ford. Wear your nike's.

  252. overseas cracking by sahala · · Score: 1
    So it's made a huge crime in the US. Assuming that it's enforceable in the US by going after script kiddies and the like, what does this mean for the 31337 people breaking into servers from abroad.

    It's already hard enough going after *major* criminals who are more visible. Are they going to bust down doors of violators in households all over the world? I don't have any data on the origination of online attacks, but we should expect that *some* attacks are coming in internationally.

  253. My letter to my congressmen by wurp · · Score: 2, Interesting

    Sen. Phil Gramm,
    Sen. Kay Bailey Hutchison,
    Rep. Joe Barton,

    A second attack on the freedoms of Americans is happening right now, and you're on the front lines. Please help defend my freedom.

    I know that times like these compel one to try to do something about it, to fight for our freedoms and security. I can only assume that this urge is what is driving the current push for laws that ostensibly increase our national security, but in fact restrict our freedoms without measurable increase in security.

    You are doing more than your fair share to fight for the American way if you resist the urge to pass oppressive laws in a time of crisis. Please don't let national law be driven by current events. The strength of our nation lies in the freedom it grants its citizens, not the power of the government to control those citizens.

    That said, I would like to list some laws which I believe are currently under consideration, and which I feel gravely impact the freedoms on which America is founded.

    1) The Mobilization Against Terrorism Act a.k.a. Anti-Terrorism Act proposed by Attorney General Ashcroft. If I understand this bill correctly, it would for example treat computerized graffiti (defacing a governmental web page) as an act of terrorism punishable by life in prison. While defacing government property is obviously a crime, there are already laws on the books with reasonable punishments for these crimes. This bill also appears to violate our ex post facto protections granted by Article I, Section 9 of the Constitution.

    2) Amendment S.A. 1562 of H.R. 2500, the Combating Terrorism Act, sections 816, 832, 833 and 834. This bill appears to grant broad rights to government agencies regarding computerized wire taps. There are already mechanisms for obtaining the right to a wire tap (warrants). I feel this act is an abridgement of our fourth amendment protections against unreasonable search and seizure.

    3) The draft Public Safety and Cyber Security Enhancement Act (PSCSEA). Restrictions on cryptography can only hurt legitimate uses, never criminal or terroristic uses. Cryptographic algorithms are well known and software providing strong encryption is easily obtainable, regardless of US law. If its use is criminalized, will that stop criminals from using it? Also, encrypted communications can NOT be identified if the communicating parties use commonly known methods of steganography. The kind of messages that terrorists would send back and forth could easily be hidden undetectably in any public internet forum, video stream, photograph, sound or other file. Criminalizing encryption will only restrict law abiding citizens from protecting personal and financial information.

    4) The draft legislation titled "Security Systems Standards and Certification Act" (SSSCA). This law grants unprecented rights to intellectual property holders (including virtually eliminating Fair Use rights, first sale doctrine, and public domain rights). At the same time, it increases the cost of all computer systems and eliminates an entire computing industry founded on openness and freedom. (There is publically available software which allows one to operate a computer while legally paying no license fees. This software and any like it would be untenable since anyone could alter the program to disable the copy protections required under the SSSCA. This software (Linux) is an incredible boon to students, non-profit organizations, and low income users everywhere.)

    I am a computer software developer. Intellectual property is my livelihood. Please follow the guidelines given by the founding fathers in our Constitution with respect to IP. The limited monopoly on intellectual property is a sacrifice we make to satisfy the real goal.

    From the US Constitution: "To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." The goal of intellectual property rights is to promote the progress of science and useful arts, not to guarantee income in perpetuity.

    How you vote affects how I vote. Please help protect the freedom of American citizens.

    Regards,
    Bobby Martin
    CEO NavTools Inc.

    Here is a list of articles further enumerating the concerns about current legistlation:
    http://www.securityfocus.com/news/257
    http://www.aclu.org/action/liberty107.html
    http://www.politechbot.com/docs/hollings.090701. ht ml
    http://www.eff.org/alerts/20010921_eff_wiretap_a le rt.html

  254. My nephew the senator by Biker+Jim · · Score: 1

    Dear nephew,
    We're all fine despite every thing and all, although your aunt Alices arthritis flares up every time the radiation blows over from the accident site up state. How are you?
    Whats this I heard about you all in Washinton tryin to get a bill launched that would put them kids thats learning about them computers in jail for life? Is that true? Are you really trying to irritate all those American voter mothers that got to pay them lawyer fees, not to mention all them computer people?
    Are'nt they the only ones who know how to fix them things?
    Not that I'm critisizen now, but are'nt you boys bitin off an awful lot to chew lately, you know with them muslims and all? Who woulda thought that there was that many of em?
    If you really get them computer kids riled they'll probably move to Canada or one of them other foreign countries and you know your aunt Alice an me got most of our retirement money in that computer stock you told us about.
    I heard that the canadian president up there was offering lifetime pizza's and waiving the immagration fee to anyone that could keep one of them damn things runnin for longer then a month.
    I thought you wanted to represent us for a few more years, don't you like washinton anymore?
    Um, now I aint tellin you your business at all but why don't you ask em for help instead?
    Just askin is all.
    So I guess you won't be able to take that little vacation we was plannin with all them emergency sessions and the rioting and all. Too bad I was lookin forward to it, it being a record year for bigmouths at the lake. Well get some rest. I heard you was workin till the wee hours every night an havin to skip breakfast in the mornin to catch up. Now you know that ain't good for you.
    You send us a letter on how it all turns out now because your phone ain't workin that well any more and when Jimmy went back to school we could'nt get that email thing to work at all, even when the lines were open.
    So be good now,and be sure to write. Your uncle Zack

  255. Winning the battle by losing the war by mseeger · · Score: 1
    I think it was in Sun Tzu's "The art of war" where i read something like:

    Once there was there was a ruler who figured out, that the harsher a punishment is, the less likely it is, that someone will commit that crime.

    So he started to make the punishment for each crime harsh and harsher. After some time even the least crime was punished by death.

    Months later some peasants, who where called to the arms, where delayed by foul weather. When one of them became aware that they were going to be late, he turned to his fellows and asked "What is the punishment for being late?"

    His mates replied "Death."

    So he asked "And what is the punishment for rebelling?"

    "Death" was the answer again.

    "So", he said, "i have news for you. We are allready late."

    The current idea of Ashcroft is, to use the outrage over the current incidents to get harsher laws. By doing this, he does a severe damage to the democratic system. There is a danger, that he destroys which shell be protected.

    This is allways the danger when fighting terrorists. Panic and outrage leads to action which breaks up the foundation of the society. You win the battle and lose the war.

    What most people don't seem to grasp: This is what the terrorists want. Even if they take every Boeing and Airbus ever buildt and crash them into buildings, they cannot destroy the U.S. The terrorists want to split the society. If they manage to make the politicians to take actions against minorities (arabs, geeks, etc.) this will damage a country more severly than any bomb.

    CU, Martin

  256. Terrorism? by Richard_at_work · · Score: 2, Informative

    Hold on, im in no way an expert on this, but isnt what this bloke Ashcroft is doing actually terrorism in itsself? I mean, reading a lot of posts on /. makes the under lying fear of those people making the posts widely seeable. A lot of people are actually afraid of this law, so isnt that terrorism? If not then how are we defining terrorism? And dont go and sya its different because only those who break the laws have to be afraid, i think by now that laws designed for one purpose can easily be made to fit all other purposes :/ Makes ya think doesnt it?

  257. Oh, DUH. by Dr.+Nonsense · · Score: 1

    Oh, duh, the quote is in the article. Duh. :P

  258. The terrorist did succeed... in a way. by z-man · · Score: 1

    You know, the prime objective of terrorism is to spread terror.
    I've heard it several times on the news, that terrorist will not succeed in "terrorizing" America. But, seems to me, they have. These new foolish laws that are stealing people civil rights, liberties and freedom. And many people agree to them, and allow them,. Why? Cause they are terrorfied, scared.

    Sounds to me like the terrorists in a way succeeded in what they wanted.

  259. obviously not the good way by Yragael · · Score: 1

    The US secret services and the US governement should face their responsabilities instead of enforcing "big brother"-like laws.

    Have a look at that :

    http://www.jpost.com/Editions/2001/09/25/News/Ne ws .35300.html

  260. Attrctive nusience by budgenator · · Score: 2

    If you tape razor blades to the bottom of your car stereo, and someone breaks in and cuts him finger when stealing it you've broken the law in most place i.e. attractive nuscience laws. therefore if you use windoze are you guilty?
    Seriously this had to happen, just look at your sever logs over the past month. I guess that this will prevent us from using an active defense on our machines. I was wondering what would happen if an request for defualt.ida fired a counter-attack script, now I know I go to jail for life!

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  261. Ashcroft arrested by Hard_Code · · Score: 2

    "I don't believe that our definition of terrorism is so broad," said Ashcroft. "It is broad enough to include things like assaults on computers, and assaults designed to change the purpose of government."

    Immediately after the bill was passed Ashcroft was arrested under terrorist charges under the very same bill, for "changing the purpose of government".

    --

    It's 10 PM. Do you know if you're un-American?
  262. the message is clear; bush admin despises geeks by Benjiman+McFree · · Score: 1

    I might have to take my operation offshore.

  263. This wouldn't be so bad if... by Guppy06 · · Score: 2

    ... they just got around to calling unsolicited e-mail an electronic attack (which I feel it is). I wouldn't mind having the Feds kick down doors and drag off the people that keep flooding my mailbox with e-mails they pretend I asked for.

  264. What Next? by warp+tek · · Score: 2, Informative

    I can see it now, the next set of anti-terrorist laws requiring a big brother program on all computers in the US. One where if you download a mp3 file off the internet or visit a hackers web site you'll get a message like this, "You have broken the US Anti-terrorist laws, an Anti-terrorist task force is being notified at this time. Please wait at this computer until they come and pick you up, any attempted to escape will be meet will extreme force. Thank you and have a nice day :) and remember big brother is always watching you." Boy I feel safer already.

  265. Heroes of peace and freedom in year 2061 schools.. by Anonymous Coward · · Score: 1, Funny
    History describes the years around 2000 C.E. to be the climax of american military and cultural terrorism before its inevitable decline.
    "The proles comprising the largest portion of the population were lied to extensively by their aristocracy, which during the 250 years of its existence had brokered its insatiable appetite for power through military land grabs, treacherously broken treaties, and financial and paramilitary operations, continuing through the years leading up to 2010 when, in response to the undeniable holocaust being perpetrated by some of their rulers as well as a great spiritual awakening, the middle classes began to convert to Hinduism, Sufic Islam, Buddhism [with a high rates of Soka Gakkai practice among nonwhites], and Bahai, as well as a mass return to the quietly devout christianity which settled parts of north america.

    It was only after the nihilist-capitalist government was itself reformed by the rising tide of tens of millions of muslim pacifists [who, taking the nonviolent resistance doctrines practiced by Gandhi and MLK, successfully leveraged their solidarity to bring the society to a halt, forcing it to re-evaluate its truculent foreign policies] that any evidence pertaining to who was informed and involved in the late-2001 attack on several locations essential to the operation of the military-industrial regime then in power could be unearthed."

    "In view of the distortion and suppression of facts practiced by all governments during their periodic acts of violence against humanity, some began to speculate that the incredible secrecy and ease with which the attacks were planned and carried out could possibly be attributed to very delicately placed double agents in key resistance cells operating across the north american continent. Through this infiltration, hard-line paramilitary extremists throughout the US Federal Establishment and other world governments might have been able to subvert the chain of communication between those abroad desperately trying to have their voices heard and all of our human brothers and sisters fighting for justice and independence, trying to slow the deadly Imperialist Juggernaut from the inside, through the still nominally democratic structures available there. It's possible that many of those trying to effect nonviolent change in America were gradually, falsely led to believe that their mission had become one of dramatic force, and not the peace preached by Mohmed, the Prophet of Allah."

    "As a growing number of americans began to feel that there was a darker side of their rulers' international leanings, those whose power and wealth lay in perpetuating that dark side began to fear exposure. Thus, as some claimed happened with the invasion of Pearl Harbor on 7 December 1941, it also became apparent that those who stood most to gain from an 'unexpected, devastating, and cowardly' attack were leaders of military powers and corporate regimes. While no evidence regarding whether government agents had prior knowledge of or other involvement with the impending attacks ever came to light, there were some who theorized that the subsequent spate of anti-terror abrogations of civil liberties were the goal of these unseen high-level elements. If historians can ever find evidence of whether these scenarios might be true, we would have to wonder at the kind of people would play games with the lives of thousands to protect their financial or nationalistic interests. It is almost certain that they were acting out of honestly-held convictions. Even thousands of years of recorded history have shown us few Monsters -- most human violence has in fact been committed by highly principled men and women who felt sure that what they were doing was best for their fellow beings."

    Let us now all have a week of careful meditation on the pain and suffering endured during the Greatest Dark Age of history, before all humans learned to wish only the Peace of God upon each other. Once we have all passed a week thinking upon these matters, our class will resume for a discussion of how similar misunderstandings and applications of the now-debunked "greater good" system of pseudoethics were also being perpetrated, to various degrees of horror, by governments and organizations outside the former United States of America.
  266. Re:The answer is simple by Laplace · · Score: 2

    Have you looked at the case? Randall was violating Intel security policies. Intel said "stop it right now, please." Randall said "ok," the proceeded to continue violating the policies. Intel hit him hard. They were kind the first time. They weren't the second time. What more do you want?

    --
    The middle mind speaks!
  267. Don't just sit there do something about it! by cowsurfer · · Score: 1

    Hi all,

    If you want to write your Senator and District Representatives to protest this piece of sh*t legislation, here's an easy template to fill out and mail.

    If it's important enough for you to sit around and spend 30 minutes reading all the posts here and typing a response, you should be able to spend 2 minutes and 34 cents filling it out and sending it to your representatives...

    Address for all senators: Senator _______, U.S. Senate, Washington DC 20510

    Address for all House members: Congressperson _______, U.S. Congress, Washington DC 20515

    All members of Congress may be reached by dialing the Capitol Switchboard: 202-224-3121.

    Dear Senator _________ (or Dear Congressperson ______),

    I am very concerned about the dangers posed to the rights of U.S. citizens and citizens of other nations by the Justice Department's proposed
    "Anti-Terrorism Act of 2001."

    I urge you to work hard to ensure that basic freedoms, and basic elements of our privacy rights, are not eviscerated in the rush to "do something" to combat terrorism. Whatever power the Justice Department has or is given to incarcerate or deport foreign nationals, to wiretap or engage in surveillance, must be carefully defined, and subject to review by our courts.

    I support the principles laid out by the groups who have come together In Defense of Freedom, and I hope you do too.

    If we, out of fear, give away our rights, the terrorists have won.

    Sincerely,

  268. Re:The answer is simple by jdavidb · · Score: 1

    Yes, but that's a firing offence, not a felony. Actually, it is a felony in that state, but it shouldn't be.

  269. Re:AGAIN: Ben Franklin by groomed · · Score: 1

    Thanks for digging up the original quote.

    Now if you look closely, you'll see that Franklin qualifies his statement by using the words "temporary", and the slippery "essential".

    Franklin does not help us when we can give up "non-essential liberties" (whatever those may be) to gain "permanent safety" (as far as that is possible).

  270. Impeach Bush? by a9 · · Score: 2

    If he attempts to violate the constitution?

    --
    -All your base are belong to the man.
  271. Watch out by slashzero · · Score: 1

    We better watch out with our networking code, and accidentally wacky ping might get us life in prisonment because it could be considered a DOS attack if it slows down a server. BTW, what exactly determines a DOS attack, could one day a server goes down and the admin determines it was DOC attack to cover his butt after he secretlly finds out he misconfigured something. What happens if the higher up's tell him to find out who did it and he blames so guy who was just scanning ip's for the hell of it? Would that poor soul get life inprisonment? And one more thing, is the digital equivelent of graffiti, "defacing", really deserve life in prison? jezz,..

  272. Sorry, I don't know. by Lord+Vipor+Scorpion · · Score: 1

    Didn't Louis Freeh have more control over the FBI and ATF than Janet Reno? Freeh hated the entire Clinton administration, and went way out of his way to instigate investigations into Clinton. How these government figures and agencies interact is always difficult to discern, so, yes, please explain your understanding of it. The opacity of our government should be of great concern to all citizens, but few seem to care. Then again, maybe ignorance IS bliss (or at least oblivious contentment), because those people that do care and find out often commit suicide.