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The Computer Owner - Guilty or Not Guilty?

Posted by Cliff on from the guilt-by-association-may-not-be-sufficient dept.

Von-at-Infosec_Writers asks: "It is relatively easy to trace a hack back to a particular computer, but proving that a specific person committed the crime could become much more difficult especially since, as a recent CNN.com article stated, a hacker's legal defense can be: it wasn't me but my hijacked computer that committed the crime. 'In some cases, I do suspect there are people whose computer is taken over by third parties. It's also a clever defense to exculpate your client,' says Michael Allison of the Internet Crimes Group.What are possibilities to overcome this problem; to prove that the computer owner, without a doubt, is in fact responsible or not responsible for the crime?" As computers become more and more prevalent in our infrastructure, the consequences for computer crime become that much more serious. How much responsibility does the owner of an Internet-connected computer have for crimes committed using their equipment, and what are ways we can best determine their involvement, or lack of it, in said crimes?

4 of 539 comments (clear)

  1. How about cars? by jon787 · · Score: 1, Redundant
    How much responsibility does the owner of an Internet-connected computer have for crimes committed using their equipment?

    Same as with someone's car.

    Proving who is on the machine is very difficult though.
    --
    X(7): A program for managing terminal windows. See also screen(1).
  2. Just look at automobiles ... by El+Cubano · · Score: 0, Redundant

    ... it wasn't me but my hijacked computer that committed the crime.

    If I run somebody over with my car and kill them, I am guilty of vehicular manslaughter (or worse). If someone steals my car and does the same, they are guilty. No matter that I am the owner and someone got the plate number from the scene. I may be considered a suspect, but I did not commit the crime. Whether the American justice system can tell the difference in the case of a hacker (especially when you throw in the technological aspect) remains to be seen.

  3. How 'bout if by smcavoy · · Score: 0, Redundant

    Someone stole my car without my knowledge, and commited a crime with it? Would this situation not apply to a computer being comprimised without the users knowledge? A person wouldn't (shouldn't) be held liable for a crime commited with their car, without their knowledge, because they left it unlocked...

    Maybe I'm over simplfying..

  4. Re:Innocent Until Proven Clueful by Micro$will · · Score: 0, Redundant

    Win9x is punishment enough.