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Appropriate Punishment For Crackers?

Cally writes "There's a Kevin Poulson article on SecurityFocus reporting that the US Sentencing Commission is seeking opinions about the appropriate punishment for convicted system crackers and other black-hat types. On one hand, it seems absurd to ruin the entire life of a foolish 15 year-old for committing the equivalent of graffiti. Then again, perhaps these people are cyber-terrorists who should be illegally imprisoned, indefinitely, without a trial, charges, or legal representation? You choose."

48 of 633 comments (clear)

  1. graffiti? by Lord+Ender · · Score: 5, Insightful

    Hacking a website is much more than graffiti. If you spraypaint the outside of wal-mart, people can still go in and shop. If you hack walmart.com and replace it with "shout outz" then wal-mart will probably lose hundreds of sales per hour to their competitors. That is very real money to these businesses. Hacking (cracking is breaking copy-protection) a website should not have the same punishment as violent crime, but it is definitely a more severe crime than graffiti, and deserves a much harsher punishment.

    --
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    1. Re:graffiti? by adamofgreyskull · · Score: 5, Insightful

      Of course most kids wouldn't break into the store and graffiti the inside of the doors, which is more to the point if you're going to make that comparison...

    2. Re:graffiti? by nmg · · Score: 4, Insightful

      Then they would still lose a large percentage of customers. Would you buy from walmart.com if it had a "shout outz" at the top? Who knows what else the modified?

    3. Re:graffiti? by Anonymous Coward · · Score: 4, Insightful
      No, moron, you hold the punks responsible for causing it to collapse.

      Yeah, yeah, I know, breaking and entering vandals want to be free. It is the web site's fault for being able to be cracked. It is my fault for having my apartment robbed because I had glass windows that were broken when I clearly should have had the windows bricked up in the first place. If that woman didn't want to be raped she should have been better equiped to defend herself---hey, if she wasn't carrying pepper spray, then she was just asking for it, don't blame the poor punks that did it.

      Oh, silly me, I forgot: computers are fundamentally different somehow, because the hypocrites that make those kind of arguments also use computers, so somehow these kind of things should be treated differently.

    4. Re:graffiti? by sedmonds · · Score: 5, Insightful

      This is the same moronic argument rapists used to use in court. 'She was dressed provacatively.' 'She didn't fight back, she must have wanted it.'

      It didn't wash for them, it shouldn't wash for punks that feel compelled to commit computer crimes.

    5. Re:graffiti? by EvlOvrLrd · · Score: 5, Insightful

      The wall has nothing to do with it. Nor does the graffiti.

      If someone circumvents your wall to get inside to do anything (regardless of the activity) it is breaking and entering. If someone does not have a legal means (hold the keys or expressed permission to 'jump the fence') then they have no right being there. Regardless of 'how high' and 'how wide' the wall may or may not be.

      If you were to erect a wall and someone uses a bulldozer or stick of dynamite to circumvent the structure, then they have in fact damaged your property. No matter how strong (or week)your wall was.

      The fact of the matter is that, the digital domain is being viewed upon as property. That is protected by the laws that protect real property.

      Hmmmmm, I wonder if I catch a hacker on my site/server, that I cannot effectively 'kill' him (say by disabling his computer OS from loading again. Even if only for a short while.) just as I could if I caught him in my house, after he climbed through a window in the middle of the night....

      --


      Light travels faster than sound. This is why some people appear to be bright. Until you hear them speak.
    6. Re:graffiti? by GauteL · · Score: 5, Insightful

      This seems like the standard response of people trying to justify cracking.

      The correct smart-ass statement would be:
      "Ah, I get it. So if someone puts up a lock that can be broken by using a simple credit card, I can prosecute the punks for breaking and entering?"

      Of course you can. Just because something is easy to break into does not justify breaking in.

      If you break into a computer system, that system HAS to be taken down. It has to be ritually cleansed so that you are sure there are no backdoors inserted somewhere, and that the data is actually correct, which often involves restoring from backups. It might be the administrators fault that you actually succeeded in breaking in, it is NOT his fault that all this cleanup has to be done on a successful breakin.

      If you break into a bank to take a leak, it is still a crime. The bank has to go over all of their routines, and they have to make sure all you did was take a leak. They surely cannot just take your word for it.

      The bank should have improved their security, but what you did is still a crime.

    7. Re:graffiti? by Anonymous Coward · · Score: 2, Insightful
      If someone circumvents your wall to get inside to do anything (regardless of the activity) it is breaking and entering. If someone does not have a legal means (hold the keys or expressed permission to 'jump the fence') then they have no right being there. Regardless of 'how high' and 'how wide' the wall may or may not be.

      this part can be tricky once you go to court. when i went to court for trespassing, the judge asked me if i had been told that entering he building was trespassing. the signs counted as being told, but had there been no signs then i would not have been told and the judge said then it would not have been trespassing. does this relate to the computer world? in the industry, it is reccomended that one place banners/motd saying the essentials (authorized use only, etc).

      by the way, my fine for trespassing was $50, nothing else. what would i get for trespassing on a computer system (no damage done) ?

    8. Re:graffiti? by stinky+wizzleteats · · Score: 3, Insightful

      Okay, so explain something to me.

      I make a comment, modded up to 3, kicking off an on topic discussion of over 20 following posts. Well after the discussion got rolling, I pick up two overrated mods. Now, I don't really care about the Karma, but I was just wondering, from a standpoint of understanding the mind of a moderator, how the moderation of this post is anything other than "I don't agree with you." If it really was overrated, would 20 some-odd people take the time to reply?

    9. Re:graffiti? by Anonymous+Custard · · Score: 3, Insightful

      When someone breaks into walmart and steals a few shirts, do they quarantine the area and bring in a bomb squad, biological weapons squad, and shut the place down a for a few days? Why not? Do they check that no one installed a hidden camera in the ceiling above the register so they could record people's credit card numbers?

      IF they did do all this, would it be reasonable to go and sue the thief for all the trouble he caused them? Shouldn't walmart be responsible for not taking adequate action in the first place? Maybe the website that got hacked should have had a backup server which was completely independent and locked down from the outside world, so it was known to be good and pure, so downtime would be minimized?

  2. Cracking in self defense? by Jeppe+Salvesen · · Score: 5, Insightful

    I wanna know something. If someone (attempts to) breaks into your home (in the USA), you are allowed to shoot that person in self defense. Are you likewise allowed to take out anyone attacking your network?

    --

    Stop the brainwash

  3. Talk about flame-bait lead-ins by MyNameIsFred · · Score: 5, Insightful
    The article summary is obvious flame-bait. While there is room for legitimate discussion of U.S. actions in Guantánamo, it has ABSOLUTELY nothing to do with appropriate prison sentences for black-hatters.

    How about referencing recent hacker cases, and the sentences that were imposed. How about some information on the ages of the black-hatters. No, that would be relevant to the discussion...

    1. Re:Talk about flame-bait lead-ins by kevin+lyda · · Score: 5, Insightful

      there is no room for legitimate discussion about those cases. they are bad men. the bush administration has identified them as evildoers. questioning their imprisonment is not ony wrong it is unpatriotic and hurts america's national security.

      in fact, i'd like a little more detail about you mynameisfred. just post up your name and where we can contact you.

      (btw, in case anyone was confused the above wasn't sarcasm. it was "your likely future.")

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    2. Re:Talk about flame-bait lead-ins by DesScorp · · Score: 3, Insightful

      That's a good question, actually. Unless I'm mistaken, the reasoning is that the Geneva Convention only counts for soldiers in a national army, or militia in the service of a nation. The taliban was a terrorist army in service to Osama Bin Laden and radical Islam, basically. Whether that will hold water or not, I don't know.

      --
      Life is hard, and the world is cruel
  4. Cyber Crime and other crime by salesgeek · · Score: 5, Insightful

    I'm not sure why you need new sentencing guidelines for old crimes (theft, extortion, fraud, embezelment, etc...) committed using new technology. Why is a crime different because a computer is involved?

    $G

    --
    -- $G
  5. Which protocol is that? by Gumshoe · · Score: 3, Insightful
    (The law also created new penalties for hackers who literally kill people over the Internet.)


    Ignoring for the moment the practicalities of killing somebody over the Internet(!?), doesn't the USA already have murder/manslaughter laws? Why does there need to be special legislation depending on the method employed? Do you have special laws for murder with a knife; with a gun; with a mango?

    I'm sure I'll never understand this. In the UK recently, there was a big hoo-ha in the tabloids about the need for "special laws" governing journalistic integrity for material published on the Internet. Why? There are already defamation laws.
  6. Interesting choice in misleading links. by GMontag · · Score: 5, Insightful

    The Amnesty "illegally imprisoned" link reguards a pare-military group as common burgulars, the Rense.com link invents another class. Both have been addressed by the US courts and neither is addressed in Kevin Poulsen's article.

    All that aside, hell no a non-violent criminal should not be locked up. Some other punishment is much more appropriate, like restitution of *real* losses (no making the defendant buy a new security team) and community service, etc.

    Jail *should* be for the people that are a physical threat to society, not a theoretical or financial one.

    Before the thread runs off the topic, see my website for my position on the death penalty before assigning one to me.

    1. Re:Interesting choice in misleading links. by CVaneg · · Score: 2, Insightful
      Jail *should* be for the people that are a physical threat to society, not a theoretical or financial one.

      I don't know about that, especially with all the corporate scandal that popped up at the end of last year. I think that many of those CEOs could seriously benefit from some jail time despite having not been a physical threat to society.

  7. Phone support by robot_guy · · Score: 3, Insightful

    Make them do 1st level phone support for an AOL for a few hundred hours, that will teach them ...

  8. Give them a fitting sentence. by jerrytcow · · Score: 5, Insightful
    I don't have a problem with locking them up, but it seems that non-violent offenders are often getting the same or more jail time than violent offenders.

    Here's a story about a man who kidnapped, tortured and abused a girl then tried to kill her by injecting her with bleach. His sentence? 10 years - he'll be out in half that time.

    Sure, give crackers jail time but make it appropriate for the crime. Maybe 3 months in jail, or probation. When I see someone like Kevin Mitnick get 7 years, and violent criminals who, in my opinion, should never be allowed out of prison get the same sentences, it pisses me off.

  9. One Issue by tarnin · · Score: 2, Insightful

    What is considered "cracking" under these laws though. As far as I understand, cracking your own cd/dvd/playstation etc... disks falls under this. Now, besides that issue, you have a various degree of things going on out there. Is doing a DDoS against the webs rootservers considered cracking? How about a host of other, non cracking related hacks and script kiddie things that would never EVER fall under the heading of pure cracking? With the laws as broadly written for cyber crimes if i accidenty ftp into the wrong ftp site because of a typo (ftp.netger.com) I could get slammed with all kinds of illegal activity charges that will now be legal to trump up to these unseen levels. I don't mind a law that actually helps to procute known crackers and black hats but we all KNOW that this will be used, like every other law lately, to pretty much put anyone who even thinks of doing something on the gray side of the internet into jail.

  10. Re:Lets think about this ... by Entrope · · Score: 3, Insightful

    Yes, let us think. In addition to the good points made by limekiller4, the following things make online attacks considerably more dangerous than plain theft or vandalism:

    • Trojans and worms spread to hundreds or thousands of machines. These must be cleaned identified and cleaned up, at considerable expense of time.
    • Sustained or repeated DDoS attacks affect not only the target site, but many other sites at the same data center or ISP.
    • It takes much more time to prepare a case against someone who you can only identify by typing (rather than a witness) -- for example, a wiretap warrant may be necessary.
    • Common targets of DDoS (specifically, IRC networks) have little legal leverage to complain; most of their servers and bandwidth are donated by different entities, so there is no real loss associated with being attacked. Infected users might file charges of computer trespass, except they do not know, do not care, or both -- and ISPs would never disclose a subscriber's identity to someone being attacked by that subscriber's computer.

    You can complain that those are technical problems that should be resolved by technical means -- but I personally would prefer stronger penalties for people who are caught (commensurate with the costs of identifying and prosecuting them) than having arbitrary strangers able to identify me at will over the Internet.

  11. Illegal or Unconstitutional by milktoastman · · Score: 4, Insightful

    Illegal imprisonment? Nay, for they did pass laws allowing indefinite detainment. It is merely unconstitutional

  12. Re:OF course by tacocat · · Score: 5, Insightful

    He's old enough to know better.

    He should be held responsible for the real consequences of his actions.

    Anything less simply permits the activities to go further. The amount of work involved in recovering from a Cracker is far more extensive than physical graffiti.

  13. We can not use 'menu' sentencing... by Lodragandraoidh · · Score: 2, Insightful

    Each case must be weighed to determine the proper sentencing. In many of these cases the companies who are the victim provide inflated estimates of potential loss of revenue. In actuality, there is no way to validate if the company actually lost any money at all.
    Sending someone to jail for 20 years for doing the equivalent of petty larceny is a crime in itself. However, if someone brings a major network down and the loss is quantifiable - then they absolutely should pay the price - both in restitution and jail time if appropriate.
    Each case has different circumstances, and each punishment should be allocated accordingly.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  14. Re:Why not treat it like real life? by limekiller4 · · Score: 3, Insightful

    jdreed1024 writes:
    " Here's a novel idea - let the punishment be the same as in real life. If you deface a website, you get the same punishment as you would for spray-painting the front of an office building."

    On its face, that looks reasonable, but it stops being similar once you scratch the surface.

    As others have pointed out in previous replies, graffiti has a very specific threat to the business (eg, virtually none). The relevant question (money) becomes clear when you compare these two questions:

    1) If you show up at your local store and find that someone graffiti'd the wall, would you still buy something there, or would you get in your car and leave?

    2) If you hit a website for a retailer and find that someone graffiti'd their front page, would you still buy something there, or would you go someplace else?

    --
    My .02,
    Limekiller
  15. Why do we need special laws for "cyber crime?" by Ivan+Raikov · · Score: 5, Insightful

    I still don't understand why we need some kind of special legislation for the so called "cyber crime." Don't the states already have laws punishing crimes of trespassing and/or fraud?

  16. Re:Graffiti != Network Intrusion, Here's Why by deepchasm · · Score: 2, Insightful

    When someone breaks into a system -- regardless of their motivations -- the breakee does not know what the intruder has in mind...........huge costs in time and effort can and will be expended to purge the system of the problem which often involves what might very well be overkill

    Think about what you're saying!

    A shop gets broken into at night and robbed, the thieves used no weapons. The owner of the shop decides to take measures to stop it happening again. Now he could install a metal grill over the windows, or he could go over the top and install video surveillance and hire a three armed security guards in case a gang of thugs with guns try and break in.

    Now, ask yourself the question, what does his choice of security precautions have to do with the punishment of those thieves?

    Absolutely nothing.

    Taking advantage of a security hole is like robbing a house no lock on the door - IT IS WRONG - but noone tries to sue the thief for the cost of buying a lock. Instead, the thief gets punished for stealing.

  17. Web Changes Nothing: Follow Existing Standards by reallocate · · Score: 5, Insightful

    A crime is a crime is a crime. Aren't there plenty of existing standards to base this on? Tie it to the harm done. Some will be misdemeanors, some will be felonies. If some 'graffiitti' splattered over a commercial site causes a relatively small financial loss, call it a misdemeanor and sentence accordingly. If the financial loss is large enough, call it a felony and give an appropriate sentence. E.g., defacing the brochure page of your local shoe store might cause them little or no measurable loss of revenue and be repairable within a single work day. Doing the same thing to Amazon or Yahoo is a different matter and calls for a much stronger sentence.

    The important thing is to prevent and punish people who act criminally, and to counter the popular impression that many "geeks" don't take the issue seriously.

    --
    -- Slashdot: When Public Access TV Says "No"
  18. Re:the prejudice ain't the same... by Blkdeath · · Score: 4, Insightful
    Hey, cleaning up a mall is expensive, cleaning up a web site should not take more than the time to restore a daily backup...

    An international corporate website with a secure ordering component is slightly more complicated than "Insert tape, click Restore". There are distributed database servers that need to be examined, several web servers with load balancers in multiple geographically diverse locations, they need to investigate all involved servers and networking components to determine the possibility of a back door; and on top of all this, they have to leave the 'crime scene' untarnished so that security experts can determine a) how they got in, and b) how to prevent them from doing it again.

    We're not just talking about somebody editing index.html here. Restoring from tape/CD-R may work for your home vanity domain website, but it falls slightly short in the real world.

    I'd also like to echo the sentiments made by other posters;

    • A corporate website does garner sales, which equates to revenue. When someone is wholly responsible for removing public access to this medium, revenue is lost, the company's reputation sullied. This is more than 'grafitti' - so much more, that the term should cease to be used. It is not valid in this context.
    • The notion of blaming the store for not implementing air-tight security is patently ridiculous. Let's not forget that breaknig and entering is still a crime even if they only 'break' through a $5 door-handle lock. They're the criminals, they're in the wrong.

    As usual, the vast majority of analogies posted are flagrantly off-key, so I'll pose one; Breaking into a web server and defacing the content is like breaking into a webserver and defacing the content. Come on, people, we're a technical group and should be able to talk about these incidents without resorting to brick wall, spray paint, bomb-threats, or other wild analogies.

    These crimes should be treated in context, and the lawmakers should be told, repeatedly, that the Internet is not a direct analogy to real life. Servers are not brick and mortar establishments. Components of a website do not have to physically reside in the same country, letalone the same building.

    When a person violates a website, they shuold be charged as such. The more intricate and harmful their intrusion, the more harsh the punishment. They should be given rehabilitative sentences including community service if they're young, or prison time if they're age of majority.

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  19. eye for a lung? by Anonymous Coward · · Score: 1, Insightful

    take from them which is most precious... destroy their data from their personal computer and cd's.

  20. More than just graffiti by analog_line · · Score: 5, Insightful

    On one hand, it seems absurd to ruin the entire life of a foolish 15 year-old for committing the equivalent of graffiti

    More like breaking into your office to erase every whiteboard in the place and replace them with poorly spelled tags, changing the locks, or jus took the door off it's hinges, smashing the alarm system, and taking/destroying the gods know what else in the process.

    Hacking a website doesn't just mean that the site was changed. Anyone with a lick of sense after an intrusion needs to take a hell of a lot of time and take stock of what they still have, what they might have copied or deleted, and if they left any backdoors so they could get back in and have their little fun. Calling is "just graffiti" shows a complete lack of understanding of information security. There is real damage done when someone "just" defaces a website. It can't just be painted over.

  21. Government is not a cure-all by Anonymous Coward · · Score: 1, Insightful

    It's amazing how the corporate security professionals see lazy, bureaucratic server administrators as the problem. With budget cuts, and corporate layoffs becoming a daily occurrence, Directors and Executives are quick to "axe" expensive security solutions, and lax their security posture.

    Asking the government to solve our security
    problems doesn't seem to be the right solution. It
    will only provide a false sense of security, and will cause lazy administrators to get lazier. I think that educating admins, and making them *responsible* would be more effective. Site Administrators should be punished, and punished hard. If an admin chooses to accept the responsibility of maintaining a web server/SQL server/etc., they should be held accountable if the server gets compromised.

    As far as dealing with the individuals who compromised the system, I think that punishment/lawsuits from the individual's ISP would be the better solution. "Nothing hits harder than when it hits the pocketbook". Restitution for the time spent resolving the situation should be thrown in as well.

    That's my $0.02.

  22. Re:OF course by MikeFM · · Score: 3, Insightful

    If you're going to punish a 15yo as an adult you should likewise award 15yo's like adults. Are you going to let 15yo's vote, get jobs that pay more than shit, drive, etc? If not then you have no right to punish a 15yo as an adult.

    Recovering from a cracker SHOULD be easier than cleaning up graffiti unless you have no idea how to do your job or unless they are really good. If they are that good at 15 then you better hire them. Good security, good backups, good logging will usually keep people from hacking you and if they manage will keep them from causing much damage.

    Also I think companies that let their systems be cracked should be charged with nelegence unless they can show proof of having made a reasonable effort. I've never worked anywhere that had decent security before I took over and they certainly didn't want to pay me to do the job right. Not securing your systems endangers the rest of the Internet and you should be held responsible.

    --
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  23. Re:Please, think better analogies by dillon_rinker · · Score: 5, Insightful

    Banks have safes and armored cars for pragmatic reasons, not legal ones. It is just as illegal to take $100,000 from a shopping cart as it is from an armored car. On a practical level, it is obviously safer in the armored car.

    The responsibility you indicate mention is real, but it is the responsibility to the shareholders. If a bank transports money in a shopping cart and it's stolen, the thieves will go to jail. The directors who authorized the insecure transport will probably be fired, and might be sued by shareholders.

    Crackers should go to jail. Incompetent admins should be fired. These are two separate problems.

  24. Digital != Different by Quixadhal · · Score: 5, Insightful

    Why do all the lawyers insist on creating new versions of every law and crime just because they happen to occur in the "digital" realm?

    Let's see... hax0r kid defaces web-site.

    1. Trespassing.
    2. Breaking-and-Entering.
    3. (possible) malicious destruction of private property.

    If someone logs into your (wide-open, no password root shell) server without your permission, that's trespass.

    If someone hacks your server to get in, that's trespass and breaking-and-entering.

    If someone changes your web-site, etc., while they're there... that's destruction of property.

    There are already well-established laws to deal with these crimes, and those laws have ranges of punishments appropriate for the severity of the offense. Why should special "digital" versions be created when existing laws already work?

    This country needs fewer laws, and better enforcement of the ones it already has. More laws simply make more money for lawyers, and more loopholes for the rich and powerful.

  25. Re:Please, think better analogies by AndrewHowe · · Score: 3, Insightful

    "Incompetent admins should be fired."

    Would it not be a little more imaginative to offer them some sort of training?

  26. Cracker spectrum by imadork · · Score: 4, Insightful
    The way I see it, there should be a cracking "spectrum", from "curious" to "Malicious":

    The mildest is the person who breaks into a system, just because he can. He (or she, after all) breaks in, looks around, and leaves before doing any damage, changing anything, or "taking" anything. It doesn't impact any services that the target is providing. True, after any break-in that is discovered, the admins of the site will spend time cleaning it up and making it more secure. And I wouldn't like it if someone broke into my house just to look around. But I don't think that the punishment should be too harsh in this case, perhaps on the same scale as graffiti, maybe a little harsher because of the more expensive "cleanup".

    The worst case is the cracker who breaks into a system to destroy or deface it. He changes the way external sites look and destroys information that is vital to those systems and may not be able to be rebuilt. Even a DoS could fall into this category if it leaves the site offline long enough, and is clearly deliberate. These guys should get harsher sentences, both for the public nature of their crime and the potential for data to be lost without hope of recovery.

    The middle case is the cracker who breaks into a site and doesn't change anything, but just copies information from the site. In this case, the nature of the information itself and the mindset of the cracker must be taken into account. If the information was something that the cracker would have no way of using, and doesn't pass it on, then that would fall under the "curiosity" end of the spectrum. If the information was something that the hacker could directly use or sell, like credit card numbers or confidential documents sold to competitors, that would fall under the "malicious" end of the spectrum and be punished more harshly. I don't think the cracker should have to actually use the data to qualify for harsher punishment, as long as he had plans to use it. Notice that in this case, it is not necessarily the object that is copied that dictates the severity, it is the cracker's intentions.

    The main problem with the way computer crime is punished right now is that whenever an item is copied/stolen, there is the tendency to assign the highest possible value to that item, without taking what the cracker plans on doing with it into account. After all, a confidential document could be worth lots of money to the company it is taken from. But nobody takes the capabilities and intent of the cracker into question; if he doesn't know how to capitalize on the value of the document, how could he be liable for "stealing" that much value?

    Yes, I know that someone who steals jewelery in real life and then hocks it for a tenth of its value still stole the jewelery, not 1/10th of it. But when physical objects are stolen, the victim doesn't possess it anymore. When documents are "stolen" but not deleted, the victim still has access to it. Therefore, I think it is proper to assign the "value" of the theft to be how much the value of the document is reduced, not the value of the document itself. And if the cracker doesn't know how to use the document or who to sell it to, how can its value be reduced?

  27. That Depends... by theduck · · Score: 3, Insightful

    Your entire argument seems to depend on legally defining computers as dangerous weapons as opposed to tools.

    Tools are unregulated and the owner is not responsible if someone steals their tool and uses it in a crime. If I leave a shovel leaning against the side of my house and someone takes it and uses it to kill someone, I am not legally responsible. Even if I knew that risk existed when I failed to secure the tool.

    Guns are regulated and the owners are (somewhat) responsible for the actions taken with them, even by others and even without the owner's permission or knowledge. However, the owner is never held fully responsible for the actions of the person who took and used their gun. And the level of responsibility is negligible unless bodily injury results and there was a minor who has legitimate access to the premises involved.

    Somehow, I don't think anyone is going to agree to classify computers as deadly weapons and make the penalties for their unauthorized use greater than those for the unauthorized use of firearms.

    --
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    So sound again
    --ebtg
  28. A point on cracking by Ektanoor · · Score: 3, Insightful

    It seems that this is going too far. Well I may agree that certains activities related to cracking should be punished. People and comapnies not only loose money but also precious information and reputation. Some cracks may lead to more serious situations when we may have not only material but also personal losses.

    But creating an environment where cracking itself is utterly ilegal is the most stupid thing one can think of. First because it will create a situation similar to America in the 20's-30's where nearly all alcohol production was outlawed. By making cracking illegal, one will not stop it but feed the criminal hordes with experienced people and tool experts. What will come out of that is unpredictable. The future cyber-Scarface will not only stop by Chicago and not only restrict his doings in the waters of the Great Lakes.

    Besides, making cracking wholly illegal will not give ground to capitalism. It will be the best show of feudalism in modern times, as all "good-netizens" will be utterly dependent of the wills and whishes of a bunch of corporations who will care or discare for the their security and/or privacy.

    Also it will be a violation of our freedom. I can check up the engine of my car. I can try to fix my washing machine. I have the right to change a light bulb in my living room. But I have to go to jail because some jerk locked up any interactivity of his program with any other system and I need that for my everyday's needs?

  29. Punishment by Anonym1ty · · Score: 2, Insightful
    The punishment should be fair and not draconian.

    These criteria should be used when deciding what the punishment should be:

    • The extent of the damage
    • The potential extent the damage could have gone to
    • The intended extent of the damage --was it a dumb kid, or was it someone out to get ya
  30. Re:Depends... by Anonymous Coward · · Score: 1, Insightful

    Tne government must simplify its handling of people breaking any rule. For any felonius act, just declare the person to be a 'enemy combatant' and this will negate any possibility of that persons rights for ever. Permanent incarceration or permanent elimination is automatically assured then. After all, we are a democracy and not a dictatorship which can name anyone to be enemy of the state and make them 'disappear'. The idea!

  31. Punishment according to damage. by Maul · · Score: 4, Insightful

    The punishment should be in accordance to the damage they caused, and if they stole or hurt anyone.

    I believe that the penalties for merely defacing a website, or cracking into a machine and not actually doing much damage or "stealing" anything should be light. Sure, it is annoying, but it isn't that major.

    If someone cracks into a database server and steals credit card information, that is another thing altogether. They should be charged with theft of credit cards (or whatever the actual crime is).

    If someone (hypothetically) manages to crack into a computer that controls air traffic radar, and planes end up crashing because of it, they should be locked away for mass murder.

    Some of the proposed punishments for computer crimes are quite harsh, treating the perpetrator like a terrorist or violent criminal.
    However, someone who simply defaces a web site and writes "I 0wn j00!" on it doesn't deserve to be given more time than a rapist.

    --

    "You spoony bard!" -Tellah

  32. What a stupid post! by nlinecomputers · · Score: 4, Insightful

    Sorry if I am trolling a bit here.

    In society we all have an expectation of privacy. That right is supported in common law.

    For example if your neighbor puts up 15 ft solid brick fence and then sunbathes nude behind it and you put up a tower with a camera on it you can be arrested/sued for being a "peeping tom". A local TV station had an employee get busted for using the "skycam" weather camera to do just that. The courts held that the woman had a reasonable expectation of privacy and that it was violated by the man using the TV towers camera.

    When someone puts up website they have a reasonable expectation that the back office parts of the site are to be private. Just because you CAN peer into the site (on into the backyard) doesn't mean you are allowed too!

    The amount of effort required to circumvent them is irrelevant. The expectations still exist and are legally protected.

    I don't consider break-ins, especially to insecure machines or business computers (but maybe I just value individuals more than businesses?), to be a very high crime.

    That was the most stupid of your statements. Well I don't consider your dead-bolted door to be adequate security for your home. So by that logic I am free to break in and clean out the house. By God, you should have had a steel vaulted door.

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    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
  33. Re:Depends... by composer777 · · Score: 5, Insightful

    Actually, we are a Democracy, only in reverse. Take the war on Iraq, for example. In a real Democracy, the people of the US give a mandate to it's government to go to war with Iraq, sign petitions, start grass roots movements, and the politicians listen to the people and go to war with Iraq.

    In the US version of democracy, the US government gives a mandate to the American people that they are going to war with Iraq. Over shouts of protest, the media begins the assault on the public mind to convince people that this is what they want to do and that the country of Iraq is of primary importance in their lives. After informing the American people, as well as Saddam Hussein, that he has weapons of mass destruction, a furious effort is made to find a pretext for invasion. Eventually, after months of campaigning, petitions start to circulate around the internet, so that the people of America can ratify the decision of their betters. So, it's a grass roots campaign, in reverse, of course.

    The government gives it's mandate to the American people, and the American people automatically start discussing this issue. Granted, before the president gave his mandate, nobody was really concerned about Iraq, outside of a few oil companies, but that doesn't matter, and doesn't raise any doubts in our un-biased media about the president's honesty, despite the fact that several of his advisors are ex oil company executives.

    The same thing happened with the War on Drugs that was increased by Bush I in 1989. Before the media campaign, the concern about drugs was only 4% in the gallup polls, and people were more concerned about the economy. Then Bush I gave a mandate to the American people, and immediately the "free" media started pumping out dramas about families being torn apart by drugs, despite the statiscally declining drug use in America. So, in spite of the fact that I nor anyone that I knew was on drugs, it was an important issue in my life because George Bush told me so. Another mandate by the government, and another assault on our freedoms. Yeh Bush!!

  34. Re:Double standard by sql*kitten · · Score: 3, Insightful

    If you think that a woman deserves to be raped because she is wearing a low-cut top or her pants are little too tight, then you have some serious problems and should be taken out of society immediately.

    No, I don't think anyone should be assaulted for what they wear. I don't think someone should be mugged either, just because their wallet or cellphone is in their hand. Hell, I've seen on the news people getting mugged for their shoes!

    But I am aware, as you should be too, that that viewpoint isn't universal. There are streets in London I won't walk down while talking on my phone. In some parts of town, I'm careful not to show a wallet full of cash. These are just basic precautions that everyone should take. But it's taboo to say that dressing so as not to draw attention is one of the basic precautions, and that is a double standard.

  35. Depends on the attitude of the cracker by pclminion · · Score: 4, Insightful
    Is the cracker an adult? Full force of law should be brought to bear.

    If he/she is a minor, however, I think state of mind should have some sway over the consequences. You'd be surprised just how effective a simple visit by law enforcement personnel can be in "adjusting" the cracker's attitude.

    In 1997 I was caught dorking around in school district systems. In my adolescent mind I thought it was all fun and games. Until I was hauled into a room by several very serious looking detectives and interrogated. Bad-cop-good-cop games, the whole works. This was quite possibly the fastest attitude readjustment I've ever experienced.

    The detectives, I think, had some sympathy for my plight. His boss wanted to bust me hard and basically ruin my life. I was hauled before the head honcho (don't know exactly who he was or what his title was) and was given a stern lecture. I was asked if I'd ever used drugs or done anything violent. In the end, I was let go with 40 hours of community service to the school district and a warning to not get caught "so much as pinging" the district machines.

    When my computer was returned to me from evidence, an entire year later, I found that the detective had upgraded the CPU and put 16 megs of RAM into it. I guess I made an impact on him, as well.

    Now, on the other hand, if you've got a script kiddie, and he's whining and bitching and making life hard for investigators, and basically has a "fuck you copper" attitude, then I say... Bust him, throw him in the lockup, and let him think about how much of an asshole he is for a few months. Let him out, and if he does it again, hit him with the full force of adult penalties. Breaking-and-entering, defacement of property, theft of property, the whole works. Fuck up his life and let him figure out why it happened.

    I was given a wonderful second chance, and I haven't wasted it. I was just being a stupid kid. People who scoff at the opportunities that law enforcement is trying to give them deserve prison.

  36. Re:Depends... by C0LDFusion · · Score: 2, Insightful

    1. There is no evidence linking Hussein to Al Queada or Bin Laden. Hussein and Bin Laden are bitter enemies, they absolutely despise each other. That hasn't stopped Bush and gang from trying in vain to link Iraq to 9-11. However, any insinuation that is made, upon further scrutiny falls apart, because that's all it is, is insinuation. Our government knows that Iraq had nothing to do with it.

    So, if someone kills people, seeks NBC weaponry for use against an undefined threat, denies any form of rule by the people, and consistently acts as a violator of human rights...then it's fine with you as long as he wasn't involved with 9/11? You mean to say that the only reason to stop evil is if it was tied to a single incident? EVERYTHING IN OUR LIVES MUST REVOLVE AROUND THAT ONE INCIDENT?! Holy shit. I can't brush my teeth, because there's no connection between plaque and 9/11. We can't prosecute criminals, because they aren't tied to 9/11. We can't fight the DMCA, because it's not tied to 9/11. Thanks for telling me. I was going to be for all that behavior. But I didn't know they were not tied to 9/11.

    2. The country that did participate quite a bit in the funding of Al Queada is Saudi Arabia. So, why doesn't our government attack them? Because they are our allies of course. They give us all the oil we want.

    Here's why: If we say we want to attack Saudi Arabia, various European countries will scream like they are now over Iraw. Even if we provide proof that they are tied to terror, they all have their own deals with Saudi Arabia in regards to oil (yeah, it may surprise you, but the US isn't the only buyer of Middle-East Oil).

    3. Our government put Hussein in power. Our government also looked the other way when Hussein "gassed his own people". Three words are missing, "with our support". Before 1991, 10 US corporations participated in the sale of arms to Iraq, even after he gassed his own people. That's part of why the dossier is kept out of the mainstream media.

    So...if we try to stem radicalism in another country by supporting someone and that someone commences doing bad stuff, we shouldn't stop him? Oh year, we can't. He's not tied to 9/11.

    4. Our government talks about creating democracy in Iraq, and we are to understand that the first step towards democracy is having a military dictatorship, much in the same way that we are to understand that "right to trial" means rounding up hundreds of "suspected terrorists" into concentration camps where they will eventually be tried by a military tribunal

    Well, those in the US who were taken away, most have been returned (watch the news closely. The liberal news media loves to avoid reporting things that make the military look decent, so they bury it below the fold on page A32), except the ones with shady backgrounds and connections (like traveling back and forth between the US and Iran several times a year on a $10,000 a year job while going to college without parental funding). And most of the people going on the "military tribunal" trials are guys who were found in the field with other fighters wielding AK's and shooting at US troops. I know, you hate the US military, even if the guys you join are people just like you, they have less of a right to live, because they decided to take a different path to achieve financial security and a strong educational background.

    5. This war is about oil. That's all it is about. If we were out to have a "just war", there would be many other countries that have far worse human rights violations than Iraq.

    It is? I'd think that if we were only after oil, we'd go take over Kuwait, which has more oil, and no military to speak of. In addition, you seem to have a laspe of intellegence here. If we were after oil (because having Bush in your name automagically makes you a war-mongering, oil-chugging beast), why would we put out the fires that Saddam set to the oil wells in Kuwait, then rebuild the oil fields...and turn them over to the Kuwaiti government. We were under no requirement to do so. We could've occupied those oil wells. Technically, they still belong to American companies, but they were stolen from those companies when these Middle-East monarchies nationalized all oil-related property. In addition, if Bush was going after helping his oil buddies, why would we want MORE oil? Technically, they'd want less oil, because in the US, texas oil fields are still a major part. We actually get alot more oil from Russia, Mexico, and a few other non-Middle East countries, in addition to our own oil supply (which, while not filling 100% of our oil needs, is nothing to balk at).

    Logically, if Bush was looking to satisfy his American oil friends, what he'd do is lower the amount of imports, so the Texas Oil guys could jack up prices and increase profits.


    NOTE: I AM AGAINST THE WAR IN IRAQ. I am simply tired of stupid reasons against the war, rather than the one simple reason why not: We shouldn't have one single soldier in the Middle East, unless he or she is on vacation. We have no business meddling in their affairs. End of story. It's not about oil, it's not about 9/11 (and noone has ever linked it to 9/11, except scattered media reports about Mohammed Atta), and it's not about democracy.
    It is about the globalism that the UN started. This is the road that the UN paved, interventionism at any cost. A future where national sovereignty and elections are a thing of the past.
    Just think about it. Have you ever voted on your UN Delegate? Didn't think so. Odd they have the power to do a ton of things to people's countries.

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