Slashdot Mirror
House OKs Life Sentences For Hackers
ByteHog writes "The House of Representatives voted overwhelmingly Monday to create a new punishment of life imprisonment for malicious computer hackers. The article on MSNBC also mentions that police can conduct internet or telephone eavesdropping without first obtaining a court order. Says a Rep from Texas: 'A mouse can be just as dangerous as a bullet or a bomb.'" Other articles can be found here and the text of the bill is available.
Well, if hacking actually resulted in deaths, a life sentence would be applicable. Has it?
So if I train my dog so it kills someone, I'll get a cushy 4 years in jail, but if I train my computer so it causes only fiduciary damages, I can get life in prison? That seems screwy to me.
The future isn't what it used to be.
If you read the text of the bill, life sentences are only allowed if the offender knowingly causes or attempts to cause death or serious bodily injury.
In other words, they are authorizing life sentences for attempted murder through hacking, which I think is very reasonable. Attempted murder can already get you a life sentence, I don't see why it should be any different if you attempt it through a computer than if you attempt it through any other means.
Says a Rep from Texas: 'A mouse can be just as dangerous as a bullet or a bomb.'"
This is true (Disney)
Says a Rep from Texas: 'A mouse can be just as dangerous as a bullet or a bomb.'"
If this is the case I see no reason why Best Buy should not be allowed to stock bombs.
Imagine the possibilities. This could bring smiles back to the faces of teens everywhere.
Build your own computer? You're a terrorist.
Run an "unsecured" operating system? You're a terrorist.
Share files? Terrorist.
Complain about corporate abuse? Terrorist.
Demand your Fair Use rights? Terrorist.
Fail to consume your fair share? Terrorist.
Shooting people to pursue political gain? Not sure. Depends.
Holding a population hostage via threats of violence? Depends who does it.
Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
English is not my native language so sometimes when I don't know a word I have to guess it's meaning from the context. The last year or so I have come to the following:
Terrorist: used by people to indicate other people that say or do things that the first group of people doesn't approve of, doesn't understand or isn't receiving any money for.
War on terrorism: The act of violating every basic human right of terrorists.
Peace: A situation where all terrorists are either dead or in prison.
From your post I see my self guessed definitions are pretty close to the real meaning of those words. (and boy will the world be a quiet place when the American government finally decides there's peace)
What I don't understand about this is why there needs to be specific bills related to computer hacking.
As I understand it, the bill relates to the case of "if the offender knowingly causes or attempts to cause death or serious bodily injury."
Doesn't the USA have laws against this already? I mean, if I murder someone with a frozen banana, it's still murder, you don't need a law saying "you are not allowed to murder someone with a frozen banana". Surely knowingly causing or attempting to cause death or serious bodily injury is currently against the law anyway, however you go about doing it? Why is this law necessary?
That murder is usually a State, not Federal, matter. In the case of a hacker, who may be operating across State lines, it is proper for the Federal Government to get involved.
Best Slashdot Co
Get what repealed?
IT'S A BILL
This still needs to go to the Senate and the Pres. Lobby them.
Today, the US Government passed a landmark bill that allows for life inprisonment for attempted murder through a computer. "Anyone can just sit down at their computer, push a button, and POOF! Instant erasure of the worst kind." says Attourney General John Ashcroft, "Not to mention most hackers can destroy the world economy from their parents basement."
Senetor Hollings also commented, "I believe this new legislation will act as a deterrant for would-be hackers trying to kill people with pirated music." he continues, "The reason why there aren't more people with broadband Internet connections is precisely because of things like this. How can the movie industry adopt a medium that can kill people with the push of a button? No, no one wants broadband if they know there's hackers out there that can kill them with a few mouse clicks."
A representative from the Bush Administration says that the new law will cut down on the rampant child pornography rings on the Internet by allowing Federal investigators to intercept any email containing questionable material and forward it directly to the President.
President Bush commented, "Al Queda is encrypting messages in porn sites all over the Internet. I plan to PERSONALLY put an end to this terrorist network."
-Riskable
"Those who choose proprietary software will pay for their decision!"
here is the focal point of this discussion:
`(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.'. (my bold)
You may think of 'hacking' as an act in and of itself. This bill deals with various crimes that a 'hacker' might perform, using hacking as a tool or a means.
For additional perspective, refer to these acts mentioned in the bill:
(F) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice;
(G) whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and
(H) whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person;...
Examples of acts that are contemplated here: disabling a national defense warning system; flooding a city by opening the spillways on a dam; disabling the air traffic control system in a busy metropolitan area.
And for those who will quickly argue that these systems should not be connected to the Internet, note that the bill does not limit these acts of 'hacking' to access from the Internet. Hacking can also include access from inside a company or facility, dialup access to a piece of critical equipment, or even some acts of 'social engineering.'
These are not new criminalizations of innocent acts. They are simply expansions of existing principles to include new technology and means of hurting people and property.
you could get LIFE in PRISON for using a computer.
That's like complaining that you could get LIFE in PRISON for using a screw driver. If you use that screw driver to tighten screws, you're fine. If you stick it in someone's eye and wiggle it around, you may be facing LIFE in PRISON for the MURDER that you committed with your SCREW DRIVER.
Evil is the money of root.
The 20 year penalty is for "an attempt to commit bodily harm". The Life sentence is for "an attempt to cause a death".
Nevertheless, the bill does not *merely* do what the news reports claim, and in that, it is alarming.
The interesting part is the definition of "protected system", which is taken from "18 U.S.C. 1030" (search for it in your favorite search engine), and the modifications made to it by the bill.
It does not involve only government computers, as the text of the bill itself implies. It also involves "any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954" -- most of which is public information these days, and available from many web sites containing information on basic high energy physics (apparently, congress-critters believe that if they can't figure something out without a crib sheet, neither can your average university-trained physicist or engineer, which is why they think they could successfully legislate against light switches).
Further, it includes records from "information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer", per "15 U.S.C. 1681".
This can be loosely interpreted to mean "any system which stores credit card numbers".
--
The real question that we should be asking is whether this is a Writ Of Mandamus... it seems so, since there do not appear to be practical restraints on use of information gathered under the terms of this bill (i.e. "We thought he was a terrorist; as it turns out, our justification was bogus, but we still get to use the evidence gathered to inform against him for that Metallica MP3 he downloaded").
From my reading, it's unconstitutional, under the 4th Ammendment.
Of course, since it passed by such an incredible amount in the House, there no reason to believe that it will not quickly become law: it clearly has wide bipartisan support, and will clearly get the White House's approval (see below).
What that effectively means is that it will remain law, until it is challenged by a perpetrator on the basis of constitutionality. Basically, the law will have to be violated to be tested, at considerable risk to the violators, given the tendency recently for the Federal Government to use the Bill Of Rights in place of toilet paper.
I guess the only thing we don't know is whether this is an overreaction to last September, or if its an overreaction to the lack of consumer confidence in the market, where they think if they can point to themselves "*doing* something about some real market risk", we will forget all about "the man behind the curtain", and not insist on substantive tort reform.
If you read the House Report version of the bill, you'd think the latter (e.g. reaction to "Enron")... almost all of the listed congressmen are from -- *surprise!* -- Texas.
The Constitutional basis for incorporation itself is to serve the public and shareholders interests (read the relevent USC on incorporation, if you don't believe me); this seems to have been reduced to nothing more than "fiduciary responsibility to protect shareholder value, and screw public interst". More fundamental reform is required: this is not about people not acting like a--holes for fear of the penalty, it's about people not acting like a--holes because they *aren't* a--holes.
-- Terry
First, survelliance without a court order is unconstitutional. This portion of the bill will surely be stricken down by the Supreme Court.
Second, the rest of the law is redundant and unnecessary. Crimes committed via the internet should receive the same punishment as those in the real-world, where the situation is analagous. For example, breaking and entering can be treated the same. Simply hacking into a persons computer is breaking and entering, even if it causes no damage; similarly, breaking/entering into a person's home, even if you do no damage or steal nothing (and don't damage the locks), is a crime.
When a hacker purposefully hacks into, say the USAF HQ, and steals top-secret documents on airplane design, then divulges them to China that's a crime just as it is in real life (treason). Similarly, it should be punishable just as it is in real life (by life in prison or death).
Another example, if a mob boss orders an underling to kill someone via an on-line e-mail, that's murder and conspiracy to commit murder. It should be punished just as it is in real life: by life in prison or death.
The fact that a crime took place over the media of the internet does not greaten or lessen its severity or lack-thereof. It simply creates a jurisdictional issue. The issue can be solved like such: if a crime is committed on the internet and its affect occurs in that state, then its the state's jurisdiction; if it occurs in one state and affects another (i.e., the mob boss in NY orders his hitman to kill someone in CA), then it should be under federal jurisdiction.
social sciences can never use experience to verify their statemen
'A mouse can be just as dangerous as a bullet or a bomb.'
Just great, now we'll have a five-day waiting period on mice, and export controls.
And now that he's equated mice with weapons, wouldn't the 2nd Amendment kick in to guarantee your right to keep and bear mice?
Last question in relation to that statement: If a cracker only uses the keyboard, is he safe from prosecution?
"You actually think Americans call anyone who has a differing opinion a terrorist?"
I'm sorry, I thought you were referring to the term: "Freedom Fighter".
So Jews are justified to live on land b/c they evicted others by force. Palastinians are *not* justified to live because jews were evicted by force.
Arabs are *evil* b/c of war to take over land. Jews *rightfully* conquered land through war.
You Sir, are a logical three ring circus.
-b
With commands like 'kill', 'killall', 'bash', 'dig', 'cut' and 'wipe' we have clearly frightened our legislators. And with commands like 'head', 'tail', 'latex' and 'gawk' they think we are perverts too.
Somehow this seemed appropriate:
The Conscience of a Hacker
by Mentor
Written on January 8, 1986
Another one got caught today, it's all over the papers. "Teenager Arrested in Computer Crime Scandal", "Hacker Arrested after Bank Tampering"...
Damn kids. They're all alike.
But did you, in your three-piece psychology and 1950's technobrain, ever take a look behind the eyes of the hacker? Did you ever wonder what made him tick, what forces shaped him,what may have molded him?
I am a hacker, enter my world...
Mine is a world that begins with school. I'm smarter than most of the other kids, this crap they teach us bores me...
Damn underachiever. They're all alike.
I'm in junior high or high school. I've listened to teachers explain for the fifteenth time how to reduce a fraction. I understand it. "No, Ms. Smith, I didn't show my work. I did it in my head."
Damn kid. Probably copied it. They're all alike.
I made a discovery today. I found a computer.
Wait a second, this is cool. It does what I want it to. If it makes a mistake, it's because I screwed it up.
Not because it doesn't like me...
Or feels threatened by me...
Or thinks I'm a smart ass...
Or doesn't like teaching and shouldn't be here...
Damn kid. All he does is play games. They're all alike.
And then it happened. A door opened to a world rushing through my phone line like heroin through an addict's veins, an electronic pulse is sent out, a refuge from the day-to-day incompetencies is sought... a board is found.
"This is it... this is where I belong." I know everyone here... even if I've never met them, never talked to them, may never hear from them again... I know you all.
Damn kid. Tying up the phone line again. They're all alike.
You bet your ass we're all alike... we've been spoon-fed baby food at school when we hungered for steak... the bits of meat that you did let slip through were pre-chewed and tasteless. We've been dominated by sadists, or ignored by the apathetic. The few that had something to teach found us willing pupils, but those few are like drops of water in the desert.
This is our world now... the world of the electron and the switch, the beauty of the baud. We make use of a service already existing without paying for what could be dirt-cheap if it wasn't run by profiteering gluttons, and you call us criminals.
We explore... and you call us criminals. We seek after knowledge... and you call us criminals.
We exist without skin color, without nationality, without religious bias... and you call us criminals. You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it's for our own good, yet we're the criminals.
Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like. My crime is that of outsmarting you, something that you will never forgive me for.
I am a hacker, and this is my manifesto. You may stop this individual, but you can't stop us all...
After all, we're all alike.
Copyright 1986 by Loyd Blankenship (mentor@blankenship.com). All rights reserved.
*Condense fact from the vapor of nuance*
People become terrorists because they are terrified. A Muslim whose education at a madrasas has consisted totally of reading the Koran for its power, is terrified by the powers we in the West gain from our books and films and (relatively) free communnications, so, terrified, they seek to return the terror to what they see as its source.
When I was training typical office workers in using computers back in the 80s, the most difficult hurdle was that most of them were terrified that the computer was sentient enough to become offended if they did something 'stupid' and intentionally punish them for their mistakes. Just as Muslims see a god in their book, even 'modern' Americans tend to see gods in their boxes - and both are terrified that those gods will punish them if they stray, even in ignorance, from their presumed commandments.
And now the Congress is terrified of computer networks, and seeks to terrorize those who appear to be favored by special powers by the new network gods, who must be made fearful of Congress's powers lest they reach out through the networks to strike them dead.
Lesson: Anyone whose power source is different from your own is guilty of witchcraft (whether that source is more or less advanced than yours makes little difference - thus 'modern' medicine derides 'witch doctors'). Since that witchcraft terrorizes you, you must hold the witches in check by terrorizing them in return. This is all simple anthropology.
Sometimes the witches (fundamentalist Muslims) are trying to kill you; sometimes they (sysadmins) aren't. The key to maximizing peace is overpowering the first group either with new culture or, if that fails, with containment or death; and overpowering your own paranoia regarding the second group, by whatever means are available. The tricky part comes if our own Congress continues towards behavior equivalent to that of fundamentalist Muslims. Our first course should be to ease their paranoia.
___
"with their freedom lost all virtue lose" - Milton