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Blaster Variant Creator Pleads Guilty

Hello Kitty writes "Robert Parson, the 18-year-old who modified and re-released a version of Blaster last year, is on his way to being made an example of, after pleading guilty Wednesday in a Seattle courtroom. According to AP, he can now look forward to 18-36 months behind bars and -- shades of Kevin Mitnick's phantom damages -- may be expected to pay millions in restitution. And then there's that lifelong 5cr1pt k1dd13 title. of course."

373 comments

  1. And... by Izago909 · · Score: 4, Funny

    In related news top Microsoft executives are expected to address a grand jury tomorrow morning for betraying the public trust by carelessly releasing software without thorough debugging. Yesterday, Steve Ballmer addressed reporters from Reuters and the Associated Press denouncing the charges. "It's like suing an automaker for selling cars without thorough crash testing and evaluation."

    1. Re:And... by bwy · · Score: 4, Insightful

      Next thing you know murder will be legal and the victim will be held responsible for not wearing kevlar.

    2. Re:And... by photon317 · · Score: 4, Interesting


      There's a balance somewhere inbetween these two statements. It will always be illegal to unleash a virus, just as it will always be illegal to murder. However, just as civil suits can and do win against negligent manufacturers of equipment for failing to include adequate and reasonable safety measures, so should civil class-action suits win against makers of software who haven't done their due diligence on the security side of things. I'm not a fan of punitive damages against the manufacturer, but I think cost-of-purchase would be in order, covering the product bought (or the whole cost of any bundle containing the product). IOW, consumers should be able to sue Eudora for the cost of their mail client if they get penetrated and virused through it, and should be able to sue M$ for the entire cost of Windows since Outlook Express was a bundled component. (And again, not just because there was a bug - those are inevitable - but as a class action suit alleging that they were completely negligent in the area of security as evidence by the pattern of recurrent successful attacks on their software).

      --
      11*43+456^2
    3. Re:And... by Anonymous Coward · · Score: 0

      I can't shoot everybody within 13,000 miles.

    4. Re:And... by Danse · · Score: 0, Flamebait

      Well, if they can charge a kid with gajillions of dollars in unsubstantiated damages, then why shouldn't we be able to sue Microsoft and others for whatever damages we can dream up and somehow connect to their crappy software?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:And... by Anonymous Coward · · Score: 3, Interesting

      Well, if they can charge a kid with gajillions of dollars in unsubstantiated damages, then why shouldn't we be able to sue Microsoft and others for whatever damages we can dream up and somehow connect to their crappy software?

      Because you perfectly knew their software was insecure, it's been commonly known for years. You also waived all your rights to Microsoft when you clicked OK to the EULA.

      People should take responsibility for their own actions, not sue left and right too..

      This is just to show there is more to this argument..

    6. Re:And... by gujo-odori · · Score: 2, Insightful

      You don't know much about class action suits, do you? Google a bit, then come back and tell us if you can find evidence of a class action lawsuit where anyone but the lawyers won. I think you know which way I'm betting on that.

    7. Re:And... by McSnarf · · Score: 5, Insightful

      Grow up, people.
      The "Virus writers are cool heroes" attitude usually comes from non-professionals who would never, ever be allowed to touch a real installation...
      Breaking and entering is illegal - even if the victim knowingly employs bad locks.
      The main issue here is not the fact that the idiot just changed some lines, but that he knowingly released it into the wild again.
      If you use petrol and a lighter to burn down a house and people die, you deserve to be punished. The house could have been a fire trap - but that does not reduce your guilt. (Whoever built it will be sued, too, but the flaw in "virus lover" thinking is that the arsonist should go free because not all houses are fire proof.)

    8. Re:And... by 10101001+10101001 · · Score: 5, Insightful

      Because you perfectly knew their software was insecure, it's been commonly known for years.

      Granted. It's a shame there weren't more commercials stating that from competitors.

      You also waived all your rights to Microsoft when you clicked OK to the EULA.

      It's often the case that a judge will rule that sufficient negligence on the part of the contractor can void any "do not sue us" clause. Given the shear number of security flaws found and where Windows advertisements have stated Windows should be used (servers), it seems like gross negligence.

      People should take responsibility for their own actions, not sue left and right too..

      Right, this guy variant creator should be punished. The question was should MS be sued for making Blaster so possible. A simple analogy, from the start of this thread, is the case of Ford finding a defect in their car. Now, Ford has to go out of its way to fix this defect; they don't just tell the consumer "here's the part, you install it". They do this precisely because until the defect is fixed (or there's been a sufficiently long period of time for which the fix was easily accessible), consumers can go out and sue Ford and win the case.

      Now, at this point you might state that Blaster variants didn't start until 2 months after a patch was released. You'd be ignoring, though, that MS didn't mail out letters to its consumers. They didn't mail out CDs either. They didn't have local technicians to install the patch. So, while it's reasonable to say that a competent administrator for a server should never have let Blaster spread--MS did the equivalent of the first two for the technical user while the admin is the third--laying this charge on *all* computer users is like blaming all car defect victims for not being mechanics.
      This is why MS has pushed for their autoupdate tool as it can optimally fulfill all parts (ignoring it can't reboot).

      I can imagine in the future, MS try to claim not using the autoupdate tool to its full extent (ie, d/l *and* install) is paramount for grounds not to sue. But, will MS take responsibility for when one of their patches kill the network connection on a few million users and someone has to reinstall?

      --
      Eurohacker European paranoia, gun rights, and h
    9. Re:And... by houghi · · Score: 1

      Next thing you know murder will be legal

      Well, it should be, because: if murder is oulawed, only outlaws will murder.

      (Somehow this does not sound right.)

      --
      Don't fight for your country, if your country does not fight for you.
    10. Re:And... by rnd() · · Score: 1

      uh, nobody forced you to buy it.

      --

      Amazing magic tricks

    11. Re:And... by nwbvt · · Score: 1
      Who gets sued when damages come as a result of security flaws in open source software (and yes, such flaws do exist)?

      In reality of course, most software comes with disclaimers saying the company is not liable for such damages, so this whole issue is moot.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    12. Re:And... by EvilAlien · · Score: 1
      To build on that, many of the worms that have cause significant impact spread after Microsoft had released patches. They, of course, assert that worms are the result of reverse engineering of patches. To whatever extent that is true, the fact remains that negligence on the part of the end-user is to blame for release patches not being applied in a timely manner. Slammer, for example, should have resulted in a hell of a lot of sysadmins getting fired.

      Microsoft may have a track record of release swiss cheese products, but the end-user admins of those products are the ones responsible for deploying patches.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    13. Re:And... by mzwaterski · · Score: 0

      Car drivers are required to go through several hours of training before receiving a license. Maybe you should have to go through training to receive a license to drive Microsoft Windows. :-)

      I can see it now: "Now match the Windows Error messages with their likely causes. You must get 17 out of 20 correct to pass..."

    14. Re:And... by jayp00001 · · Score: 1

      Actually in the US the NTSB is responsible for testing cars, not the manufacturer.

    15. Re:And... by kinkos · · Score: 1

      I don't know what version of Automatic Updater YOU use, but mine has several times downloaded, installed, and forced a reboot all without any input from me.

      --
      Open Source, Open Mind
  2. He's lucky by MarsDefenseMinister · · Score: 2, Insightful

    He could have been shot at dawn under trumped up terrorism charges.

    --
    No weapon in the arsenals of the world is so formidable as the will and moral courage of free men.-Ronald Reagan
    1. Re:He's lucky by dtfinch · · Score: 2, Funny

      With the DMCA+USAPATRIOT combo, I think even antivirus companies are terrorists under US law.

    2. Re:He's lucky by discogravy · · Score: 1

      i realise why this is modded as funny, but maybe it should be +1, Insightful instead.

    3. Re:He's lucky by NanoGator · · Score: 1

      'He could have been shot at dawn under trumped up terrorism charges."

      So are you saying that the gov't has the power to be abusive, or isn't being abusive?

      --
      "Derp de derp."
    4. Re:He's lucky by Anonymous Coward · · Score: 0

      He could have been shot at dawn under trumped up terrorism charges.

      Why not shoot him anyways?

    5. Re:He's lucky by Anonymous Coward · · Score: 0

      And maybe you should add an extra layer of tinfoil to your cap.

    6. Re:He's lucky by TalMaximus · · Score: 1

      Why did this get modded up to a 5, Insightful? No offense against the writer but come on. This is definitely not relevant.

    7. Re:He's lucky by Ryosen · · Score: 1

      Interesting...I wonder if, under the terms of the DMCA, anti-virus companies could be prosecuted for reverse-engineering viruses.

      Are viruses protected under the DMCA?

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    8. Re:He's lucky by Anonymous Coward · · Score: 0

      Yes, thank goodness he didn't do this in Iraq under Saddam Hussein. (with apologies to all the Saddam-loving European weenies out there)

    9. Re:He's lucky by poot_rootbeer · · Score: 1

      He could have been shot at dawn under trumped up terrorism charges.

      No he couldn't have.

      (Or at least, it hasn't happened, and it won't, because it would be blatantly illegal and unconstitutional in ways that not even Ashcroft could defend.)

      I understand if you have a rabid and fanatical hatred of Pres. Bush and his policies, but don't go off the deep end.

    10. Re:He's lucky by Fareq · · Score: 1

      Technically, a virus is probably protected by copyright law, and therefore by the DMCA.

      However, the DMCA does *not* disallow reverse engineering, it only forbids circumvention of access control mechanisms.

      There are not usually any access control mechanisms on a virus, however if there were such mechanisms it would probably be a felony to make a device capable of circumventing them.

      Not 100% sure though... I don't know enough about copyright law to be certain.

    11. Re:He's lucky by MarsDefenseMinister · · Score: 1

      It's true then, some people support George Bush because they just don't know a joke when they see it.

      --
      No weapon in the arsenals of the world is so formidable as the will and moral courage of free men.-Ronald Reagan
    12. Re:He's lucky by Alex+Belits · · Score: 1

      There viruses and worms may be stealth, polymorphic, scrambled/mangled, killing/disabling the startup of the antivirus (like a bullshit CD "protection" by Windows autorun), and many of them include strings with offensive language that, in theory, may have a purpose of discouraging the reverse engineering because no one but a person analyzing the virus is going to see it.

      Those are "access control devices" that are supposed to be protected by DMCA.

      --
      Contrary to the popular belief, there indeed is no God.
    13. Re:He's lucky by Fareq · · Score: 1

      it depends...

      because you still do have access to the virus -- I mean, if it didn't run itself on your machine, what's the point... and it puts a copy of itself into system memory when it runs, so you technically have access to it...

      in the end, it is a very fine point that would be decided somewhat arbitrarily by a panel of judges somewhere...

  3. This kid is no Mitnick by American+AC+in+Paris · · Score: 4, Interesting
    Comparing this kid to Mitnick is like comparing Burt Ward to Bruce Lee. Seriously--all the kid did was made a few minor changes to an already successful virus. Mitnick was doing something relatively new, and he did a lot of original 'work' in doing so. All this idiot did was make a few changes to somebody else's virus, hit send, and get caught.

    (Hint to foolish wannabe kiddiez: stick to posting 'me toooo!!!!111' on the warez channel du jour. They won't send your sorry ass to prison for that.)

    --

    Obliteracy: Words with explosions

    1. Re:This kid is no Mitnick by spinflip · · Score: 0

      Actually warez can get you behind bars too ;)

    2. Re:This kid is no Mitnick by EvilCabbage · · Score: 1

      (Hint to foolish wannabe kiddiez: stick to posting 'me toooo!!!!111' on the warez channel du jour. They won't send your sorry ass to prison for that.)

      Yet.

    3. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      Get off it. Mitnick was a moron who couldn't compile his own code. He was a con man - just like the millions in big cities around the world, but with some little technical knowledge.

    4. Re:This kid is no Mitnick by Rosco+P.+Coltrane · · Score: 4, Insightful

      All this idiot did was make a few changes to somebody else's virus, hit send, and get caught.

      Yes, and you know the saddest thing? Most talented hackers, like Morris or even Mitnick, can look forward to full time employment as a security expert at some IT company, due to their fame, after they're done being punished for their deeds. It's an expensive way to get famous, but at least they're famous, at least in computer circles.

      This moron on the other hand can look forward to be punished, like hackers, and then apply for a job at Wendy's, because in the eyes of any employer, he'll always be less desirable than a failed CS student, until his script kiddie fame fades away slowly.

      Honestly, that's the kid's real punishment...

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:This kid is no Mitnick by pyrrhonist · · Score: 1, Offtopic
      Comparing this kid to Mitnick is like comparing Burt Ward to Bruce Lee.

      That's a bizarre comparison.

      Burt Ward and Bruce Lee actually worked together when the Batman series was used to launch The Green Hornet.

      Mitnick and Parson have probably never met.

      --
      Show me on the doll where his noodly appendage touched you.
    6. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      I thought all Mitnick did was call up companies and socially engineer the passwords from secretaries.

    7. Re:This kid is no Mitnick by Rosco+P.+Coltrane · · Score: 1

      Get off it. Mitnick was a moron who couldn't compile his own code. He was a con man

      FYI, most great hackers are first and foremost great social engineers (the hacker's term for con man). It's a lot easier to gain root access on a box by calling the secretary and convincing her to give you the boss' password "for maintenance reasons" than actually hacking the box.

      Mitnick was a con man, that's for sure. But he conned people to gain access to knowledge, and to understand something in depth, not to gain money or steal something. To me, social engineering someone to gain access to technical documentation because you're dying to read it for the hell of learning something new is the hallmark of a real hacker.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    8. Re:This kid is no Mitnick by Ayaress · · Score: 1

      All this idiot did was make a few changes to somebody else's virus

      Which makes him getting caught even worse. Had he actually written the virus, he would be able to get a job in computer secuirty after his sentence, like so many other hackers have. But, since he just took somebody else's work and made fairly transparent changes to it, he's got a few extra marks on him besides the "convicted felon" thing:

      1. Plagist/code thief - not looking at a job programming, I think, if he can't write his own code.
      2. Lame script kiddie - Had he made the virus, he would at least have potentially marketable skills. However, since he just rereleased an existing virus, he only wins for malicious intent, and I sure wouldn't want to be his administrator.

    9. Re:This kid is no Mitnick by Monkelectric · · Score: 0, Offtopic

      Yep, they don't call it the "Mitnick Attack" for no reason.

      --

      Religion is a gateway psychosis. -- Dave Foley

    10. Re:This kid is no Mitnick by jeffkjo1 · · Score: 2, Interesting

      Comparing this kid to Mitnick is like comparing Burt Ward to Bruce Lee.

      Context: Burt Ward portrayed Robin on the 1960's Batman series featuring Adam West.

      Mad props on the somewhat obscure reference!

    11. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      Yeah, it was an insightful piece of research when he collected 20,000 credit card numbers in order to do a frequency analysis of the digits. I mean, where would the world be if he hadn't do the noble thing and figured out that important information.

      Mitnick is a cunt. Always has been.

    12. Re:This kid is no Mitnick by Kris_J · · Score: 1

      Anyone that didn't get the reference before the explanation should hand in their nerd license on the way out...

    13. Re:This kid is no Mitnick by Ayaress · · Score: 1

      Would you prefer he used all those cards to buy himself a small continent?

    14. Re:This kid is no Mitnick by Anonymous Coward · · Score: 1, Informative

      Morris is a teacher at MIT.

    15. Re:This kid is no Mitnick by Binky+The+Oracle · · Score: 3, Funny
      But, since he just took somebody else's work and made fairly transparent changes to it, he's got a few extra marks on him besides the "convicted felon" thing:

      Yeah... like "Future Director, Microsoft R&D" maybe?

      I KID!!! I KID BECAUSE I LOVE!!!

      --

      Slashdot comments... splitting hairs since 1997.

    16. Re:This kid is no Mitnick by void* · · Score: 1

      He social engineered, yes. However, at least when he broke into Shimomura's machines, he used a combination syn-flood/ip-spoofing attack to exploit an rhosts trust relationship to gain access.

      Whether he wrote the exploit code himself or not, I'm not sure of.

      --


      Code or be coded.
    17. Re:This kid is no Mitnick by gujo-odori · · Score: 0, Troll

      Mitnick is a cunt?

      Wait a minute. Let me get this straight. Cunt is a crude term for pussy. OK, pussy is a crude term too, but cunt is cruder.

      Pussy is something you stick your dick in. Or at least, something I stick mine in.

      Now you say Mitnick is a cunt. Are you implying that you want to stick your dick in Mitnick? Well, gee, thanks for sharing, but I think I'll just stick to pussy if it's all the same to you. And yes, I'm fairly certain that Mitnick != pussy.

    18. Re:This kid is no Mitnick by Atrax · · Score: 1

      > hand in their nerd license on the way out.

      Last one out don't forget to turn out the lights!

      [kidding, OK?]

      --
      Screw you all! I'm off to the pub
    19. Re:This kid is no Mitnick by golgotha007 · · Score: 3, Funny

      Seriously--all the kid did was made a few minor changes to an already successful virus.

      no kidding. not only that, but he was a moron in the pricess:

      from the article:
      Parson apparently took few steps to disguise his identity. As a byproduct of each infection, every victim's computer sent signals back to the "t33kid.com" Web site that Parson had registered in his own name, listing his home address. The computer bug also included an infecting file called "teekids.exe" that experts quickly associated with Parson's Web site: Hackers routinely substitute "3" for the letter "e" in their online aliases.

      holy crap, i could've caught teekid!

    20. Re:This kid is no Mitnick by little_fluffy_clouds · · Score: 1

      That was his point :)

      --
      What were the skies like when you were young?
    21. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      Oh, please. Like Mitnick ever had any skills beyond social engineering? Show me ANY exploit that Mitnick ever wrote, or any hole that he discovered.

    22. Re:This kid is no Mitnick by jcr · · Score: 1

      FYI, most great hackers are first and foremost great social engineers (the hacker's term for con man).

      I see that you're going with Time Magazine's definition of "hacker", then. Most of the great hackers that I know don't stoop to social engineering, they know how to go where they want to go, and do what they want to do, with their own code.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    23. Re:This kid is no Mitnick by JuggleGeek · · Score: 2, Interesting
      Comparing this kid to Mitnick is like comparing Burt Ward to Bruce Lee. Seriously--all the kid did was made a few minor changes to an already successful virus. Mitnick was doing something relatively new, and he did a lot of original 'work' in doing so. All this idiot did was make a few changes to somebody else's virus, hit send, and get caught.

      But the kids primary purpose was to cause problems. He learned little, gained nothing, yet caused a lot of problems, and he did it intentionally. That *should* be punished.

      Mitnik isn't, IMO, in the same group at all. If I were running a company, I *might* trust Mitnik. No frickin way I would trust a script kiddie like this. MItnik might be able to help - this kid can only cause trouble, and he can only do it if someone else shows him how, 'cause he just isn't bright enough to do it on his own.

      He started with code from a virus, modified it, turned it loose because he thought that fucking other peoples systems up is a K001 thnk to do (or something like that.) No sympathy for him here. If he knows how to code, let him write something useful. If his goal is to screw up as many newbies as he can catch (the goal of most virus writers, as best I can tell) then I'd just as soon him be off the streets (and off the "Information Highway").

    24. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0
      Ha ha ah ha!!!!!1!!!111one
      I see what you did there. You made an attempt at humour by creating a tenuous link from an insult against Mitnick to an insult against the AC.
      You Rock!!!!!!!!!!!111111111111!!
      For fuck sake. You five year old. I also liked very much your '!=' assertion. That saved you a whole five characters.

      I think I hear your mom calling for you. She wants you to stop trying to fuck the sofa.

    25. Re:This kid is no Mitnick by dustman · · Score: 1

      I don't really agree with that.

      People around here who don't know anything (ie, most), still talk about Coolio (because he was a local script kiddie) as though he were a big-time hacker.

      Management types who are making hiring decisions might decide to hire this kid, if they consider hiring a "great hacker".

      Most slashdotters know the difference between Morris and Coolio. Most others don't.

      (A side note: I was arrested once, and the officer was making small talk on the ride back to the station. When he heard I was in computers, he was asking me about hackers, etc, particularly about what Coolio specifically did. It's not like he was the guy who arrested Coolio, but it was a small town (and, Coolio's town), and he didn't know anything about it really, either).

    26. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      Im not saying what the kid did was cool. and i think the ounishment was suitable 18 months isnt bad considering what he did(the fine is a little out there, but i guess lawsuits are never realistic). But how do yoou know this is where the kids skills ends? I mean you know a script kiddie can modify a virus wouldnt that also mean sombody with alot of knowledge (and an immature attitude) do it to. Sure he got caught but thats due to ignorance not neccesarily idiocy. Just cause you know what the kid did you do you also know everything else about him?

    27. Re:This kid is no Mitnick by Anonymous Coward · · Score: 0

      whats wrong with the comparison.

      Mitnick was a punk, just like this kid.

      mitnick is sooooo overrated its pathetic.

      credit card fraud and cellphone cloning is not exactly impressive

    28. Re:This kid is no Mitnick by VAXcat · · Score: 1

      Mitnick and his partner were skilled VAX/VMS system programmers, with detailed knowledge of the workings of the VMS executive.

      --
      There is no God, and Dirac is his prophet.
  4. Scum by LegoEvan · · Score: 0, Troll

    scum like that ought to pay restitution. don't feel bad!

    1. Re:Scum by tpgp · · Score: 2, Funny

      Are you talking about Microsoft or Parson?

      --
      My pics.
  5. I have mixed feelings by Lord+Kano · · Score: 1, Insightful

    I don't want to be on this luser's side, but at the same time the punishment should fit the crime. People shouldn't be forced to pay damages that they didn't cause.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:I have mixed feelings by techno-vampire · · Score: 2, Funny

      Well, maybe we should make him re-install Winderz on every box infected using a 1X CD drive, a 14" monitor and a one-button mouse. I think that would satisfy the Mikado that The Punishment Fit The Crime.

      --
      Good, inexpensive web hosting
    2. Re:I have mixed feelings by HeghmoH · · Score: 4, Interesting

      I'm sorry, but how did he not cause damages with a virus which disrupted work and forced companies to disinfect their machines?

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    3. Re:I have mixed feelings by Anonymous Coward · · Score: 0

      I have found that, under emulation, Windows 95 cannot be installed on a Macintosh LCII with a 1x drive.
      You sick, twisted fuck.

    4. Re:I have mixed feelings by cranos · · Score: 1

      1X CD drive

      Jeez your generous, how about the twenty odd floppys that came with 95, now that would be a true punishment.

    5. Re:I have mixed feelings by techno-vampire · · Score: 2, Funny
      I doubt that any of the infected systems could be re-installed from floppy.

      That reminds me of a case where a caller needed to extract files from floppies, but was missing one. He called back when he'd borrowed one, but he'd borrowed a 3.5" and the rest of his set were 5.25". Naturally, it didn't have the right files as the capacity was different and the disk in question was one in the middle.

      --
      Good, inexpensive web hosting
    6. Re:I have mixed feelings by Lord+Kano · · Score: 1

      I doubt that any of the infected systems could be re-installed from floppy.

      As long as you boot from floppy it shouldn't be a problem.

      At one time I had a newer version of Win95 on floppy than I had on CD so time and time again I would install from floppy because 95 Rev B was so much better than what I would have had otherwise.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    7. Re:I have mixed feelings by Anne+Thwacks · · Score: 1
      No - he SHOULD BE FORCED TO PAY FOR THE DAMGE HE DID CAUSE.

      And that can start with EUR6000 to me for business lost while our system was off line, removing his sh*te from the works.

      Serisously, if no one rips his limbs off, he got of lightly, and he should have this rubbed in his face with a great deal of force every day for the next X years.

      --
      Sent from my ASR33 using ASCII
    8. Re:I have mixed feelings by Anonymous Coward · · Score: 0

      A couple months behind bars would fit the crime, and while some companies will probably demand imaginary damages, a lot of actual damage was done. Computers can be powerful weapons and people need to learn that willfully using them against others is not excempt from the law just because they didn't have to leave the room to do it.

    9. Re:I have mixed feelings by polecat_redux · · Score: 1, Insightful

      If you can prove that a) his variant was any more malicious than the original virus, or b) that he made any appreciable difference in the total number of infected machines, then I might say you have an argument. Otherwise, what he did could be likened to throwing a lit cigarette into a forest fire.

    10. Re:I have mixed feelings by lachlan76 · · Score: 1

      Except that none of the infected systems were running Win95

    11. Re:I have mixed feelings by nwbvt · · Score: 1
      Uh, the article talking about alleged inflated damages was talking about Mitnick, not Parson.

      Besides, whining about inflated damages is just dumb. If you intentially destroy property actually worth lets say $10 million and you end up getting billed for $20 million, do you really have grounds for a complaint? You should never have destroyed it in the beginning.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    12. Re:I have mixed feelings by TheRealFixer · · Score: 1

      Yeah, I know he caused our company a lot of cost. We have over 200 remote users with laptops, and the effort alone to disinfect, patch and verify each of these out in the field cost easily into the thousands of dollars, not to mention wasted time, downtime for users (ie. NOT making the company money), etc.

      I agree that most of the "damages" touted by companies in these hacking cases are pie-in-the-sky pipe dreams designed to make things look worse than they really were (and a convenient way to have a scapegoat for your next earnings statement) but there ARE real damages inflicted by morons like this guy. 10-15 highly-paid IT professionals tracking down, patching and cleaning a few hundered machines spread all over the country over the course of a few days will really start to add up.

    13. Re:I have mixed feelings by Anonymous Coward · · Score: 0

      Jeez your generous

      "you're".

    14. Re:I have mixed feelings by meme_police · · Score: 1
      Give me a break. How do you know it was his variant? If it was why did it take you EUR6000 to fix it? Why aren't you patching your systems? If you're responsible for your systems you should be ashamed of yourself. If someone else is, they should be fired.

      You know how much we lost due to these variations? 0.

      --

      The meme police, They live inside of my head

    15. Re:I have mixed feelings by techno-vampire · · Score: 1
      As long as you boot from floppy it shouldn't be a problem.

      Really? Let's see you reinstall Win2K or XP from floppies. I don't think they're sold on anything except CD.

      --
      Good, inexpensive web hosting
    16. Re:I have mixed feelings by ultranova · · Score: 1

      Besides, whining about inflated damages is just dumb. If you intentially destroy property actually worth lets say $10 million and you end up getting billed for $20 million, do you really have grounds for a complaint?

      Yes, you do. The purpose of making the offender pay for the damages is to protect the innocent victim from harm. It's purpose is not to act as punishment - punitive fines are a completely separate issue. Anyone demanding $20 million payment for $10 million damages is simply using the convicts weakened position to extort money from them, and thus committing a crime themselves (fraud and blackmail, possibly false testimony).

      Of course one could argue that the convict brought it on himself when he did the crime. However, this argument effectively places the convict outside of law - it no longer protects him. This, in turn, leads to a reign of terror - do a crime, any crime, and you'll be punished to an arbitrary degree. "Hey ! Your dog pooped on my lawn ! Prepare to DIE !!! POLICE !!!" "So you killed him, eh ? That's okay, I never liked him anyway. Here, I'll slap your wrist, then you're free to go."

      The law determines minimum and maximum punishments for crimes for a reason. That reason is fairness. Remove fairness from the usage of laws, and you simply breed contempt for the law - because an unfair law deserves nothing but contempt.

      In short, demanding (and getting) more in damages than you actually suffered is unfair, and unfair laws are like an open sore - it's just a matter of time before it gets infected and the society dies of blood poisoning.

      After all, if the law was unfair to your favor yesterday, maybe if might be unfair to my favor today ? Lets try to sue ! And the end result is the society where the first step in any undertaking is trying to make yourself as well fortified against the armies of lawyers as possible, and the resulting slow rot of respect of law, innovation becoming an unacceptable risk, and more and more resources being wasted on nonproductive legal action. Reminds you of a certain country ?

      And, of course, unfairness in general is evil and should be disapproved in general principle.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    17. Re:I have mixed feelings by nwbvt · · Score: 1

      There is a big difference between something being unfair or illegal and you having the grounds to complain about it.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    18. Re:I have mixed feelings by Lord+Kano · · Score: 1

      Really? Let's see you reinstall Win2K or XP from floppies. I don't think they're sold on anything except CD.

      Well, let's go back to the post that started the sub-thread...

      Jeez your generous, how about the twenty odd floppys that came with 95, now that would be a true punishment.

      We were talking about installing Windows 95.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    19. Re:I have mixed feelings by ultranova · · Score: 1

      There is a big difference between something being unfair or illegal and you having the grounds to complain about it.

      If something being both unfair and unlawfull doesn't give you grounds to complain about it, then what does ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    20. Re:I have mixed feelings by nwbvt · · Score: 1
      I would submit that if you cause something that is a foreseeable consequence of your own poor decision, you have no grounds for a complaint, regardless of whether or not it itself is fair or lawful.

      For instance if someone injects heroin into his veins and suffers major health problems as a result, I would claim he has no grounds to complain about his drug dealer supplying him with the heroin, even though the dealer was acting illegally and arguably unfairly in supplying him with the drugs as what happened to him is his own damn fault.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    21. Re:I have mixed feelings by ultranova · · Score: 1

      I would submit that if you cause something that is a foreseeable consequence of your own poor decision, you have no grounds for a complaint, regardless of whether or not it itself is fair or lawful.

      In this case whoever used Windows in a computer system connected to the Internet has no grounds for complains. Windows is known to contain security holes, so getting a computer virus was a foreseeable consequence of such an action. In fact, getting hacked is a foreseeable consequence of plugging any computer system into the Internet.

      Furthermore, almost everything that happens to you is influenced at least somewhat by your decisions. Got mugged ? It was your own poor decision to take this route. Got killed ? It was your own poor decision to testify against the Mafia. Got your hand hacked off by a butcher ? It was your own poor decision to try and steal from him.

      If we allow criminals to be targeted for other crimes without punishment on the excuse that the victim engaged in unlawfull behaviour himself, we could as well be honest and declare the punishment for any crime to be having your human and citizenship rights revoked, since that effectively what we're already doing.

      For instance if someone injects heroin into his veins and suffers major health problems as a result, I would claim he has no grounds to complain about his drug dealer supplying him with the heroin, even though the dealer was acting illegally and arguably unfairly in supplying him with the drugs as what happened to him is his own damn fault.

      The dealer did engage in illegal activity, and should be incarcerated by the society. However, no crime he did had the junkie as the victim, anymore than a smuggler has made a crime against whoever he sells the smuggled goods to. The dealer didn't force the junkie to buy, after all - it was the junkie who wanted to buy. An analogue would be someone selling me a hammer and me hammering my own finger flat - not his fault, even if the likelihood of such accident was very high (because, for example, I was known to be clumsy - of course if the reason was a faulty hammer, and he didn't warn me, then I do have grounds for a complaint).

      The junkie has no grounds to complain to the dealer, because the dealer has done no crime against the junkie.

      Unless, of course, it was the dealer who seduced the junkie to become an addict, in which case the junkie is a victim of a crime ("encouragement for criminal behaviour", or whatever it's called in the USA) and has grounds for complain.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    22. Re:I have mixed feelings by nwbvt · · Score: 1
      "In this case whoever used Windows in a computer system connected to the Internet has no grounds for complains."

      Only if a) The security issue is indeed known, b) The patch is ready or you have a reasonable alternative to using Windows, c) You personally are aware of the issue, d) You still use the unpatched operating system knowing full well what could happen, and e) There are no other extenuating circumstances.

      "Furthermore, almost everything that happens to you is influenced at least somewhat by your decisions. "

      See, thats what we smart people call a strawman. I did not say that it merely had to be influenced by your actions. Go back and read my post again.

      "If we allow criminals to be targeted for other crimes without punishment on the excuse that the victim engaged in unlawfull behaviour himself"

      You have some sort of straw fetish or something. I never said they should go unpunished.

      "The junkie has no grounds to complain to the dealer, because the dealer has done no crime against the junkie."

      Not if he gets sick or dies. Unless you don't consider murder a crime.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    23. Re:I have mixed feelings by ultranova · · Score: 1

      "In this case whoever used Windows in a computer system connected to the Internet has no grounds for complains."

      Only if a) The security issue is indeed known, b) The patch is ready or you have a reasonable alternative to using Windows, c) You personally are aware of the issue, d) You still use the unpatched operating system knowing full well what could happen, and e) There are no other extenuating circumstances.

      Your original post: "I would submit that if you cause something that is a foreseeable consequence of your own poor decision, you have no grounds for a complaint, regardless of whether or not it itself is fair or lawful.

      Are you now arguing that this only applies if you didn't know that your decision was a poor one ? That's what points a, c and d boil down to. Point e could mean anything, so it's pretty hard to argue for or against Point b is redundant - if you have a better alternative, then of course you are going to use it. But even if you don't, it still doesn't make using Internet-connected Windows machine for anything important a smart decision, and nasty consequences any less likely.

      And if you do argue this, then wouldn't this also mean that the one who caused the damage, who didn't think that he'd be caught, and thus didn't know that his decision was a bad one, would in fact have grounds for a complaint ?

      Not that it matters - Windows is insecure, and this is public knowledge (as reported by, for example, Slashdot several times in the past). If you didn't bother doing enough research to find this out before connecting a Windows-based machine to the Internet (and entrusting anything important to that machine), then, well, it was a pretty bad decision to make business-affecting decisions without adequate research, with foreseaable bad consequences :).

      "Furthermore, almost everything that happens to you is influenced at least somewhat by your decisions. "

      See, thats what we smart people call a strawman. I did not say that it merely had to be influenced by your actions. Go back and read my post again.

      Okay. You said:

      "I would submit that if you cause something that is a foreseeable consequence of your own poor decision, you have no grounds for a complaint, regardless of whether or not it itself is fair or lawful."

      I'd say that all my examples were foreseeable consequences of your own decisions. Try to testify against Mafia, and it is foreseeable that they will try to kill you. Take a route through a bad part of town and it is foreseeable that you might be mugged. Try to steal from a butcher and it's foreseeable that he'll try to stop you.

      Therefore, by your claim, in any of these cases (being mugged, murdered or having your limb hacked off) you wouldn't have anything to complain about, since they were direct foreseeable consequences of your own decisions. This is the logical conclusion from your line of thinking, and the reason I was arguing against it.

      Please show me this strawman, oh smart one, because I sure don't see any.

      "If we allow criminals to be targeted for other crimes without punishment on the excuse that the victim engaged in unlawfull behaviour himself"

      You have some sort of straw fetish or something. I never said they should go unpunished.

      Perhaps you might explain, then, what you ment by stating that the victim has "no grounds for a complaint" ? It seems to me that this would equate not charging the perperator.

      "The junkie has no grounds to complain to the dealer, because the dealer has done no crime against the junkie."

      Not if he gets sick or dies. Unless you don't consider murder a crime.

      I'm assuming that you meant to say "unless the junkie gets sick or dies".

      Murder ? The junkie knew the dangers, and chose to accept them. No one forced him to take t

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  6. Picture It by Anonymous Coward · · Score: 0, Funny

    Convict: So, what are you in jail for?

    Blaster Author: I wrote a computer virus.

    Convict: A computer virus killed my family's PC! Now I'll kill you!

    1. Re:Picture It by Aardpig · · Score: 2, Funny

      Convict: A computer virus killed my family's PC! Now I'll kill you!

      Shouldn't the last bit be 'Prepare to die!'?

      --
      Tubal-Cain smokes the white owl.
    2. Re:Picture It by winkydink · · Score: 1

      Actually, I'd worry about the convict giving me a little virus of his own, if I were him.

      --

      "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  7. Nice. by Sheetrock · · Score: 5, Interesting
    If you can't catch the original, punish the hell out of the one you can catch.

    A smarter system would have this kid be a digital janitor for a year or so. Disinfect this computer, now disinfect that one. You know, like an intern, and maybe he could get a job out of it when he's done.

    More productive than license plates, and more likely to pay society back.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Nice. by Kenja · · Score: 5, Insightful
      "A smarter system would have this kid be a digital janitor for a year or so. Disinfect this computer, now disinfect that one. You know, like an intern, and maybe he could get a job out of it when he's done."

      Yea, cause hes just the type of person that I would want working on my computer. I also think that convicted child molesters should be put to work in day care centers. That'll teach em.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Nice. by Anonymous Coward · · Score: 0

      A smarter system would have this kid be a digital janitor for a year or so. Disinfect this computer, now disinfect that one. You know, like an intern, and maybe he could get a job out of it when he's done.

      That's a pretty cocky thing to say, sounds like you have had your fair share of experiencing disinfecting semen from a keyboard. By the way, tell your wife I said hi.

    3. Re:Nice. by Ayaress · · Score: 1

      Frankly, I don't think that's a good idea. It would be one thing if he'd made the worm himself. At least then he would have marketable skills in programming and/or security. However, he just took the code to an existing virus and changed it in a very minor way. All this guy's got going for him right now is malicious intent, plagiarism, and a felony conviction. He's not going to be the one cleaning coffee spills out of my keyboard.

    4. Re:Nice. by John+Courtland · · Score: 1

      Extreme examples prove nothing. This kid's future is fucked, maybe he can be rehibilitated so he isn't a drain on society when he gets out.

      Now I obviously don't believe child molesters should be given second chances, but this is a far less severe circumstance.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    5. Re:Nice. by gujo-odori · · Score: 3, Insightful

      Being rehabilitated doesn't imply working in IT. In fact, he might do better to get out of it anyway. He's young and can train for anything. He could retrain as a plumbe when he gets out, and if he's any good at it, he'll make more than most people in IT.

      He might also want to look into being a mechanic, if he has the talent for it. Mechanics will need to know more and more about dealing with computer systems on vehicles every year.

      There are lots of things he can do when he gets out. It doesn't have to be on computers. I'm in the email security field, and I will tell you flatly that there is no way I would consider hiring him. It's not a matter of the fact that he went to prison; it's a matter of the fact that I could not trust him.

      If I were running a plumbing company, it wouldn't matter. But of course, I'd never let him near the office computers.

    6. Re:Nice. by jcr · · Score: 1

      If you can't catch the original, punish the hell out of the one you can catch.

      No, fry the perp whether you catch the other perps or not. IMHO, the kid's lucky not to have gotten beaten to death.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:Nice. by Anonymous Coward · · Score: 0

      This person has caused damage to more systems than simple M$. Spent three weeks straight cleaning his handy work out of welfare agencies networks. I was hoping the prat would get 10 years, he's a complete moron.

      Naturally the press are calling him a hacker, sorry l'm a hacker (l write code for a living), this tosser is a script kiddie who simply copied.

      Hope he's cellmate's name is Bubba ;)

  8. Microsoft should be greatful: by tpgp · · Score: 5, Informative

    Parson was charged here last August because Microsoft is based in suburban Redmond.

    "We appreciate the fact that the defendant has accepted responsibility for the crime he committed," Microsoft deputy general counsel Nancy Anderson said Wednesday.


    He changed Blaster to make it attack the MPAA & RIAA rather then Microsoft.

    Microsoft should thank him ;-)

    --
    My pics.
    1. Re:Microsoft should be greatful: by Anonymous Coward · · Score: 0

      Microsoft should be greatful

      My cheese great isn't ingreat, it is very greatful also. Isn't that grate?

  9. This guy is an idiot an deserves everything he get by l810c · · Score: 4, Insightful
    Idiot
    A Minnesota teenager known online as "teekid" was arrested and placed on electronic monitoring Friday for allegedly unleashing a version of the "Blaster" computer worm that infected thousands of computers.

    First for writing the damn thing in the first place

    Idiot
    Parson apparently took few steps to disguise his identity. As a byproduct of each infection, every victim's computer sent signals back to the "t33kid.com" Web site that Parson had registered in his own name, listing his home address

    Second for putting in a direct trace back to himself

    Idiot
    In court, the high school senior wore a T-shirt that read "Big Daddy" on the front and "Big and Bad" with a grizzly bear on the back. He sported a metal stud under his lip and his hair was dyed blond on top and shaved close around the sides and back

    Third for showing no humility in court

  10. Forgive Me by mfh · · Score: 4, Insightful

    ... but I think in this case, he *should* be made an example of. Virus writers need to *STOP*. Now.

    On the other hand...

    The fact that unscrupulous companies will bill in phantom damages just makes it worse. How are these kids supposed to have any role models when the establishment distances themselves from morality for profit? Phantom damages and those who issue them, ought be fined and sent off to jail with just as much enthusiasm as virus writers.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Forgive Me by Sarastrobert · · Score: 1

      That is like defending burglary because otherwise we would never develop satisfatory locks for our doors.

      Sure, we must realize that there will always be malicious people and we need protect ourselfs within reason. But that doesn't condone the actions of the perpetrators.

      Burglars suck and need to be punished.

      Virus vriters suck and need to be punished.

      Utopia is a world where no one needs to lock the door or install virus protection. Just because utopia doesn't exists doesn't mean that we should support that which makes it impossible

    2. Re:Forgive Me by Sarastrobert · · Score: 1

      mmm, that should have been a reply to "Virus writing is NOT evil.." by Andr0meda. *blush*

    3. Re:Forgive Me by lachlan76 · · Score: 1

      In a perfect world, this would be true. In the real world, h4xx0rs/virus_writers/burglars always have and always will exist. If the risk is moderately low, no-one will make any effort to stop viruses, and the few that do exist will do much more damage.

  11. Example? by Neurotoxic666 · · Score: 3, Insightful

    is on his way to being made an example of

    This is not justice. He should get what he deserves, period. Whenever they try to make an example of someone, he or she becomes some marty/icon and the only lesson learnt is: don't get caught doing what you'll do anyway.

    --
    You are more than the sum of what you consume. Desire is not an occupation.
    1. Re:Example? by Anonymous Coward · · Score: 0

      The submitter is stupid. This has nothing to do with being an example. Unless the example is, if you break the law and get caught, you'll be subjected to the punishment laid out in the law books.

    2. Re:Example? by archeopterix · · Score: 1
      The submitter is stupid. This has nothing to do with being an example. Unless the example is, if you break the law and get caught, you'll be subjected to the punishment laid out in the law books.
      You mean that the punishment is determined solely by the content of the law books? Gee, I wonder why people spend so much money on lawyers.
    3. Re:Example? by Everleet · · Score: 1
      The beautiful thing about examples is that they don't need to be true.

      To the point, a justice system based on fear gains nothing by imprisoning the actual perpetrator of a crime versus the first name that pops into their heads. Proof isn't an issue these days; all they need is suspicion, and that's only to keep the records clean.

      --
      It's tragic. Laugh.
    4. Re:Example? by mforbes · · Score: 1

      Oh, how I love typos.

      he or she becomes some marty/icon

      Wow, I have a hard enough time being some Mike, I'd hate to have to be some Marty, too!

      --

      Allegedly real newspaper headline from 1998:
      Man Struck by Lightning Faces Battery Charge

    5. Re:Example? by Anonymous Coward · · Score: 0

      normally the justice system will cut the criminal some slack because of this reason or that reason.

      in this case they are not going to cut him any slack.

      and thats good.

  12. Good by pherthyl · · Score: 5, Insightful

    Harsh sentence, but I don't have a lot of sympathy. Idiot makes virus, idiot gets caught, idiot gets punished.

    Next please.

    1. Re:Good by zaxios · · Score: 1

      Idiot didn't make virus. Idiot modified virus in an attention-seeking way, got attention, and now is being punished in a way more for symbolic purposes than those of justice. I hope everyone realizes that there isn't one less virus writer out there now, there is one less desperate and irresponsible punk full of intent but without the skills to actually devise something damaging.

    2. Re:Good by Anonymous Coward · · Score: 0

      Hurrah for Good Ol American Knee jerk reactionism!

      Cut the head of every minor offender, and bomb the enemy from the stratosphere for perceived transgressions. Ruthlessly torture the sucker! Son a bitch should be raped in jail too. 50 year prison sentance and a 10 billion dollar fine.

      Better still, send him to Git Mo.

      THAT will teach him. You idiot.

    3. Re:Good by seededfury · · Score: 1

      Exactly. Creator or not he was an idiot for doing what he did. People who get involved in this type of activity or anything like this, and causes any grief, should be flogged daily for every person suffered.

  13. hrm...well, by hot_Karls_bad_cavern · · Score: 3, Interesting

    i can say this: if you don't know enough to keep from getting caught, well, enjoy the penalty. On that note, no, i don't condone doing such a thing, but with the many ways to get online anonymously (no, not some crappy online anonymizer or some such...i mean, the real ways...if you don't know, i'm sure as fuck not going to tell you) you should never be caught....

    ...unless you are stupid, reuse code, code with the wrong tools (read up), and release from your own fucking email account, etc. The ways to get away with this shit are many, the stupid take-the-easy-way-out folks get caught and the normal user will click away like there's no tomorrow regardless of the source (ask your local IT guy if you don't believe me on that one).

    Sorry, no remorse for those that act without knowing enough.

    1. Re:hrm...well, by NoYes19 · · Score: 1

      Way to keep that secret technique of using a computer not affilated with you under raps!! Thank god you didn't spread that secret criminal technique!

    2. Re:hrm...well, by hot_Karls_bad_cavern · · Score: 1

      well, smartass, apparently some people (ie the fucktard that this article is about) don't, so what have you to say on that?

      get back under your bridge.

    3. Re:hrm...well, by techno-vampire · · Score: 1

      Average users click on everything? Sure, and some so-called techs do too. Back when Mellissa came out, I was working at a tech shop. I got dozens of the message, all from internal addresses because of ID10Ts using Outlook. When the Love Bug came out, I got over 100, again, all internal because nobody learned the first time. Me? I was using Eudora, and laughed my head off because I wasn't using that mass of bugs and security holes.

      --
      Good, inexpensive web hosting
    4. Re:hrm...well, by NoYes19 · · Score: 1

      I don't believe he was concerned or considered the legel consquences of what he was doing. This kid is not retarded, he is not some eccentric; he was a kid acting without forsight, he didn't try to cover his actions up and he is not fighting the charges--he did not consider the legel consquences if he had he would have attempted to hide what he had done.

      I find it disgusting that yoiu attack this kid on the ground he didn't conceal what he had done, personally I find it much more disterbing that he lacked the moral logic to recognize what he was doing is wrong he even lacked the foresight to see that he would be punished for what he was doing!

      Stay on your high bridge, ignore the complexities that exist down here in the real world.

    5. Re:hrm...well, by hot_Karls_bad_cavern · · Score: 4, Interesting

      or perhaps he did know it was wrong (why else write a "keewell" virus from an old virus?) Like he didn't know it would fuck things up - you sir, are lost if you think an 18 yr. old that knows how to code (sorta) and re-used known virus code to make another virus, is "lacking the moral logic to recognize what he was doing is wrong". Complete bollocks.

      He knew what he was doing was wrong. Knew it would break shit. Did it anyway. Could have been one of those "got out of hand" things though. Fine, but it was wrong and he knew it. If you know enough to mess with viruses, you know enough to know that it's wrong to just release them in the wild and you should garner enough knowledge to hide it if you are stupid enough to release it.

      In the "real world" as you call it, people know their shit. Marie Curie didn't know radioactive material would kill her, but the Manhattan Project *knew* that it did (and how to control it's reactions), and didn't blow themselves up on accident...they blew shit up on purpose. And now we have the penalty of nuclear proliferation. And the good side (before you jump the gun...again)? We have loads of great tech (cancer therapy, etc.) from her (and the MP) work....but it's for the good, much like many computers are safer for knowing this danger is out there by being patched. (yes, many are not....that is not the argument here).

      Something else to add: when one starts programming and discovers fork(), one *knows* what it does and uses it carefully. If one wants to know just how dangerous it is (or wants to test its danger...much like our little friend, the virus coder might have "just been curious")...one codes in a protected environment....period. If he was really that curious and innocent, he'd have done it on a closed network for testing and learning. If you know enough to know something is dangerous and want to test, you take precautions...or you fuck up and pay the price. The "complexities...in the real world" don't give a good goddamn what your intentions are.

    6. Re:hrm...well, by JuggleGeek · · Score: 1
      The "complexities...in the real world" don't give a good goddamn what your intentions are.

      I'm 99% convinced that his intentions were to screw up other peoples computers just because he thought he could get away with it. I see no upside, I see no reason he should get off. Bust his ass.

    7. Re:hrm...well, by NoYes19 · · Score: 1

      lol, how turned around this has gotten. You argued he didn't know how to conceal his act, yet you argue that because this 18 yr. old who knows how to code therefore understood the implications of what he was doing. Inconsistant. I think he with out a doubt had the ability to hide what he was doing, and he didn't!

      He could of and would of concealed what he was doing if he had worried about the legal consequences of what he was doing. The fact he made no attempt to hide that he wrote the virus shows he wasn't concerned with being caught. The deturring power of our legal system is shit if the criminals don't give a fuck if they are caught!

      I am not saying he didn't know it would cause damage, of course it would(assuming he didn't introduce a bug). What I was saying is that despite this he didn't:
      a) like a moral person, recognize this is immoral, and not do it.
      b) like a lawful person, recognize he could get into some deep shit for this, and not do it.
      c) like a criminal, think he could get away with this, and do it trying to get away with it.

      He was in group d, he just did it without any concern for getting caught.

  14. two sides to this fence... by Obliterous · · Score: 5, Interesting

    He pled guilty, so he's guilty. good. send him to jail. I've got no problem with that.

    But as for the millions, who actually get's the money?

    an IT profesionals JOB is to deal with problems, much like blaster caused (and still ocasionally does).

    What other costs do these companies incur, as a result of a worm/virus?

    Do these companies want money to pay the wages of these tech's?

    if the worm did it's job through the use of an OS exploit, why isn't the OS creator picking up part of the bill?

    legal fee's I can ken, but the rest doesn't quite make sense to Me...

    1. Re:two sides to this fence... by Pig+Hogger · · Score: 2, Insightful
      if the worm did it's job through the use of an OS exploit, why isn't the OS creator picking up part of the bill?
      Because they wisely weaseled themselves out of liability in their EULA.
    2. Re:two sides to this fence... by endoboy · · Score: 3, Insightful

      It's a fireman's JOB to put out fires-- that doesn't make the arsonist any less guilty.

    3. Re:two sides to this fence... by td · · Score: 1

      But as for the millions, who actually get's the money?

      The apostrophe fairy?

      --
      -Tom Duff
    4. Re:two sides to this fence... by Vengeful+weenie · · Score: 1
      Not to defend a stupid act, but I'll play devil's advocate. :)

      To continue with the metaphor: The fire man puts out the fire, the file inspector checks the building and the landlord who created the unsafe conditions to start with is dealt with. What about the landlord?

    5. Re:two sides to this fence... by lachlan76 · · Score: 1

      why isn't the OS creator picking up part of the bill?

      They make an unsecure operating system, someone exploits the bugs, so why should they get money for doing a bad job? Sounds like an incentive to make security holes.

    6. Re:two sides to this fence... by JuggleGeek · · Score: 1
      You are pretending that if the landlord were perfect (and nobody is) that no one else could set the place on fire even if they tried. The twin towers were not slums - but when people put enough effort into it, they came down.

      There are a jillion kinds of attacks available on a computer. Some are software specific. Most are aimed at MS, because that's the most common, and easliy broken, software. But bottom line, the kid didn't do this by accident, he was trying to find a way to cause problems, he did, he got caught. And you're defending him.

      If MS went away, it wouldn't stop people from trying to find ways to be jerks, just like this kid. Are you always going to blame it on the fact that it's easier to start a fire than it is to build a building that can't harmed no matter how hard you try?

    7. Re:two sides to this fence... by Anonymous Coward · · Score: 0

      What upsets me is the millions in restitution is for a virus most people never saw. We all saw blaster.
      We did not all see what this kid released.
      Millions in damage caused by his virus? Possibly.
      But most of the responses to this seem to act as if he was "THE" Blaster writer. And since they got Blaster it was his fault. Blaster had already been released when he released his version... It really had no effect other than someone who has blaster not cleaning their PC. If his version could infect you, then the original could. So either way your Company's PC are going to have to be disinfected. Millions over what was a problem before he did anything. Most PC's he infected would have likely been infected anyway.

      Damages > $1,000,000 dollars???

      For releasing a version of a already released virus?

    8. Re:two sides to this fence... by poot_rootbeer · · Score: 1

      if the worm did it's job through the use of an OS exploit, why isn't the OS creator picking up part of the bill?

      Every software EULA ever says "we're not sure whether this product is flawless, if something bad happens it's not our fault".

    9. Re:two sides to this fence... by Vengeful+weenie · · Score: 1
      No, I'm not defending Robert Parson, he is guilty. I'm saying that to put all of the costs on him is ridiculous. I'm also not blaming only MS, since there is a need to apply patches to these systems. Of course on many other systems the patching tools are better developed and so these systems are more likely to be maintained. In addition MS basically needed to announce that they were going to take security more seriously, which means that at some point they were taking it less seriously.

      We don't punish people with the same severity when negligence is seen on the injured party's side. If the businesses were vulnerable because of their negligence then the damage is partly their own fault, as MS said. If they don't like it, they can blame MS and not buy MS's products. To just blame the hacker is to invite sloppiness, and is only good for a sound bite.

      [rant on] If we really gave a damn about security we would start with basic infrastructure. We do bridges and tunnels and phones service and all sorts of basic infrastructure though basic standards. But an OS, the most fundamental bridge in the computer world?! [rant off :)]

  15. Buh bye. by OwP_Fabricated · · Score: 3, Interesting

    I'm not the only person who's happy that the asshole that made me waste hours fixing the dozens of idiot-owned unpatched boxes is going to jail?

    You can go ahead and blame the user all you want (a popular thing to do in the Slashdot crowd, because of course, us IT people NEVER MAKE MISTAKES), but the user didn't "write" the virus.

    1. Re:Buh bye. by Anonymous Coward · · Score: 0

      I'm not the only person who's happy that the asshole that made me waste hours fixing the dozens of idiot-owned unpatched boxes is going to jail

      I assume you are talking about friends and neighbors so this reply may not be directly related to you... But it definatley fits many others I have heard complaining about the same thing and they get paid to do it at the corporate level.

      BFD, you did you job for a day and got paid as normal.
      What do you normally do at work? Obviously not making sure the systems you are responsible for are patched and protected as much as possible from known exploits. I suggest you spend some more time keeping up with bugtraq and full-disclosure instead of complaining about having to do your job because you did not do your job. MSBlaster did nothing more then infect a few workstations on our roughly 1000 computer Windows network. Those were found and dropped off the network within minutes of infection. We were not "lucky", we were proactive.

    2. Re:Buh bye. by IoN_PuLse · · Score: 1

      I'm sure you lost so much money charging people to repair infected machines. The IT industry can benefits from viruses, however those who admin large networks and get hit SHOULD NOT BE IN AN ADMIN POSITION. Blaster was and is an easily avoidable virus to catch and remove!

    3. Re:Buh bye. by TyrranzzX · · Score: 1

      Wow, people around here seem to be blaming him for the entire blaster epidemic. Out of the millions of machines his only infected something like 8000 or so, mainly because he didn't make the virus copy over others...

    4. Re:Buh bye. by Anonymous Coward · · Score: 0

      I doubt you were one of the 8000 or so "his" virus affected.... You were far more likely to be hit by a different Blaster variant.

  16. Complain, Complain, Complain.... by vwjeff · · Score: 2, Insightful

    The kid knew what he was doing was illegal and wrong. Get over it. He deserves whatever he gets.

    1. Re:Complain, Complain, Complain.... by Gojira+Shipi-Taro · · Score: 0, Flamebait

      I agree. Swift and brutal justice is the way to discourage this crap. Destroy him permanently and prohibit him from operating anything more technically advanced than a lead pencil for the rest of his life. That will scare 99.9% of script kiddies from doing that crap... "oh N03s! they weel take my toies". ...and hopefully shoot el script kiddeo in the head.

      those people we do not need on this planet.

      Tree-hugging, save the wayward children "he's just exploring the world" hippies, don't bother replying, I'll just delete the notification without reading it. I don't care that you don't respect property rights. I know already, that's part of what makes you hippies, and wrong. If he tries to expore my apartment without my permission, he gets shot in the face as a potentially armed intruder. He should get the same for criminal electronic trespass or vandalism.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    2. Re:Complain, Complain, Complain.... by NoYes19 · · Score: 1

      Yes he deserves the death penelty for a non-fetal crime against propety! O wait...

  17. Just a guess but... by antikarma · · Score: 3, Insightful

    Then he'll write a book and become CEO of a startup security company. There's no sense in not profiting from a few months of jailtime.

    1. Re:Just a guess but... by YrWrstNtmr · · Score: 1

      He's not that bright.

    2. Re:Just a guess but... by Anonymous Coward · · Score: 0

      Sorry, but those days are over.

      The industry will turn its back on this kid and the many others who will get caught because of their incompetence.

  18. Idiocy by b0lt · · Score: 1, Troll

    The judicial system has gotten WAY out of whack. It was bad when Mitnick (Free Kevin!) was tried, but this is just ridiculous. 18 to 36 months for doing nothing significant. Does anyone else think this is lunacy?

    --
    got sig?
    1. Re:Idiocy by fatman22 · · Score: 1

      His "nothing significant" little exploit cost us several hundred HelpDesk and SysAdmin manhours cleaning up the mess it made and we're just one company. He knew it was wrong and he did it anyway. That's malice, he needs to be put away.

    2. Re:Idiocy by Nicholas+Evans · · Score: 1
      18 to 36 months for doing nothing significant. Does anyone else think this is lunacy?

      Nothing significant? Ok, here's something significant that his worm caused for you. It infected every computer in my school's computer room, and since the school has no real IT people, we missed computer class for over a month. The school had to pay for the tech to come in and clean each and every box. Sure, it was the schools fault for not having any anti-virus software. But still, he denied me and my schoolmates a month of 'computer education'.

    3. Re:Idiocy by andreyw · · Score: 1

      Ahahaha...

      What you mean to say - is that this fucktard's "exploit" created several hundred HelpDesk and SysAdmin JOBS. I mean, retarded or not, he helped out the IT industry. Lets put him away for allowing you to make money instead of being cut because no one needs you.

      Its not like the HelpDesk and SysAdmin personel were cleaning up this shit on their own free time. Nooooo - they got paid. What the fuck are you complaining about? Don't like your job? Don't like work? Then quit and stop whining about it.

    4. Re:Idiocy by Anonymous Coward · · Score: 0

      Nothing significant? Did you RTFA? 48,000 computers infected? True, they weren't destroyed, but what if he had let the air out of 48,000 people's tires? In both cases, you'd 1) know what you were doing 2) know it was wrong 3) deprive people of the use of a piece of equipment they need and have paid hundreds/thousands of dollars for. WTF should he get? A trip to Hawaii? Screw the little bugger.

    5. Re:Idiocy by tftp · · Score: 2, Insightful
      Its not like the HelpDesk and SysAdmin personel were cleaning up this shit on their own free time. Nooooo - they got paid.

      As matter of fact, salaried employees in USA are expected to work overtime when the need arises. Only hourly paid employees are entitled to paid overtime; the rest works for free, in their own time, away from families and friends. Pretty much everyone who is paid a sum above $25K/yr. regardless of how much he produces is such a salaried worker. Anyone who doesn't like the way things are is free to complain to the Congress.

      In other words, noone got hired to clean the mess if at least someone in-house was capable. Existing people were forced to work overtime instead, with no extra pay. They didn't like any of it.

    6. Re:Idiocy by MoneyT · · Score: 1

      Right, and being a murderer helps the medical industry, the police departments and coroners. Fuck that.

      Personaly, I don't need 100 professors banging down my door at the same time wondering why stuff isn't working. I'm paid to maintain the system and improve as nessesary, not clean up after some stupid shit.

      --
      T Money
      World Domination with a plastic spoon since 1984
    7. Re:Idiocy by CountBrass · · Score: 1

      *shrug* if they're dumb enough to work for free that's their fault. I get paid over $100K and I absolutely do not work overtime, ever, under any circumstances. If it looks like any of my developers are going to I send them home: sit at home, in comfort and read a good technical book on the subject if you must. I do, I even do that on holiday (as an aside: I was pleasantly suprised that I could get free wireless internet connection on my Powerbook in my Thai hotel, especially as I wasn't staying in Bangkok).

      If there's too much work then work gets cut, prioritised, we recruit more people or we *shock* *horror* reduce quality. But the best thing I've find is to qualify what the user/customer *actually* needs as opposed to the phantom requirements we often get fed by the middlemen.

      Fixing hardware that fails in the middle of the night gets done by people who are paid extra to be on call.

      How do I manage this miracle? I tell my employers at interview that I do not work over time and that I value my family time. If they look shocked (which is generally only the consultant jobs) then I say "I don't think this job is for me".

      How do I ever get a job? By demonstrating that I add much more value than some monkey that might put in the hours but still produce crap: I cite articles I've written (and have been published) over the last 16 years; I bring along examples of how I show "thought leadership" (don't you love that PHB speak) and, where possible, which succesful projects I've been responsible for. (Fortunately having worked in the public sector I can easily point to particular Government sites and say: "look at that, I made that".)

      --
      Bad analogies are like waxing a monkey with a rainbow.
    8. Re:Idiocy by tftp · · Score: 1
      The people work for free not because they are dumb, but because that was the condition of their employment, and they were not in position to say "no". Most people are like that; your own example is not usual, and you are obviously not a lowly MSCE sysadmin who works weekends to clean some 1,000 Win98 boxes again and again. Sysadmins don't get to travel with their Powerbooks to Thailand; instead they get to travel under people's desks, on their knees, with CAT5 clenched in their teeth.

      It is great that you have the skills and the knowledge to dictate your own employment terms. But you should not think that everyone else is equally capable, and that's the people who "clean up the messes" in both physical and virtual worlds.

    9. Re:Idiocy by fatman22 · · Score: 1

      Get real. This incident did not create jobs, it unnecessarily diverted manhours from company projects and customer support. If a stranger comes into your business and requires your employees to do work for him (or that he made necessary) and does not compensate you for the time lost that you are paying the employees to do YOUR work, then he is stealing from you, plain and simple.

    10. Re:Idiocy by fatman22 · · Score: 1

      What's more amazing than your employer hiring you with that attitude is that you were willing to work for them when they were foolish enough to tolerate your attitude. Your standards are even lower than theirs.

    11. Re:Idiocy by Anonymous Coward · · Score: 0

      This shouldn't be labeled as a Troll...
      I also think it's lunacy... Blaster had already been released when he released.... a Blaster clone!! He effectively did no damage, since the damage was already done.

  19. scroll down in link by Anonymous Coward · · Score: 0

    [google.com] [google.com]

  20. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  21. Next script? by toxickiwi · · Score: 2, Funny

    I think he just pleaded guilty to being dumb... I hope he didn't tell them about his next script he has modified to start a nuclear war...

    1. Re:Next script? by multipartmixed · · Score: 1

      But.. but.. he just wanted to play a game!

      --

      Do daemons dream of electric sleep()?
  22. Unjust by dtfinch · · Score: 3, Insightful

    All he did was change a little text in the virus. The damage he caused was no worse than if he had simply been infected himself. They just want to make an example of someone. They've spent a lot of money to put someone in jail for much longer than they deserve simply to save face in the public eye. Our legal system is supposed to be just, not popular.

    1. Re:Unjust by thefirelane · · Score: 1

      The damage he caused was no worse than if he had simply been infected himself.

      I agree, he should be celebrated, alongside those who have sex knowing they're HIV positive. After all, the damage is no worse than if they didn't know.

      I'm sorry, but if you can't see that this kid willingly contributed to the problem, and that is wrong, then you have no sense.

    2. Re:Unjust by Chess_the_cat · · Score: 2, Insightful

      Pass the crack pipe. He modified and improved the virus. He didn't disable it. He didn't just look at it. He made it better and re-released it. What a swell guy! Besides if it's no big deal, why did he please guilty? Most people who go for the deal are afraid of how hard they'll get hit if they go to trial. He knows he's getting off easy.

      --
      Support the First Amendment. Read at -1
    3. Re:Unjust by Anonymous Coward · · Score: 1, Insightful

      Unjust my ass. He did the crime, he does the time.

      Oh, let's see... if I have a gun in my pocket, and somebody does a drive by, is it ok for me to pull my gun out and shoot a few people? I mean, by you reasoning, it IS ok because the drive by was already in process of happening. The few bullets I add to the mess won't make any appreciable difference, right?

      BULLSHIT.

      If you're stupid enough to do something like this, AND you're stupid enough to get caught, then I have no pity for you.

      Fuck him.

    4. Re:Unjust by American+AC+in+Paris · · Score: 4, Interesting
      All he did was change a little text in the virus. The damage he caused was no worse than if he had simply been infected himself. They just want to make an example of someone.

      That's one way to look at it.

      One could also argue that this kid modified and released a piece of software that he knew for a fact would run rampant and infect countless systems worldwide. He'd already seen it in action, and he knew exactly what it did to an infected system. He can't even run the Morris defense of 'it was released accidentally and I had no idea it would be this bad'.

      This punk got his hands on a very nasty computer virus, made changes to it, and released it back into the wild knowing fully well what he was doing and would happen as a result of his actions. That it was a mind-numbingly simple change doesn't make his actions any less malicious or criminal. Throw the book at him.

      --

      Obliteracy: Words with explosions

    5. Re:Unjust by sacrilicious · · Score: 1
      That it was a mind-numbingly simple change doesn't make his actions any less malicious

      But he didn't introduce any new mechanism of infection, and the original was already out there. I'll bet it's possible to run simulations where introducing this variant would not ultimately affect the total number of machines infected by either variant. If so, that may or may not make his actions less "malicious" (a term denoting intent) but may very well make his actions have a zero net cost to society; it's the difference between getting famous and adding to damage.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    6. Re:Unjust by DoctorHibbert · · Score: 1

      Lets change it around a bit:

      All he did was change a move his finger a half inch, squeezing the trigger. The damage he caused was no worse than if he had simply pointed the gun at himself.

      Just because his actions where simple and required little effort doesn't make the act any less damaging.

      --
      Arbitrary sig
    7. Re:Unjust by prshaw · · Score: 1

      I thought he modified the virus to allow him to take control of the computers and steal information from them.

      Stealing from me is something I frown on, I don't care how old the individual is.

      I am in favor of making sure he does not attempt it again, and that others are discouraged from doing the same thing.

  23. We as a society need to decide how to handle this by FunWithHeadlines · · Score: 5, Insightful
    This kid played around with tech, in a very simple way, and got caught up in big legal trouble as the feds try to put fear into others thinking of doing the same. It's a complicated issue. We all hate these worms (well, those of you running Windows especially, but I personally hate it from a theoretical perspective, not personal). We know what he did was wrong. But boy these kids sure get the book thrown at them for what amounts to script kiddie penny ante stuff.

    He took a worm and modified it and released it. That's not much different in spirit from what many of us did at his age, playing with tech, poking at it, learning how things work. He just picked something that caused massive headaches to all concerned, so we have little sympathy for the kid. And he seems suitably contrite since his arrest, as well he might since that event probably shook him. But what do we do with such kids? We don't want worms being released, and we want to discourage this behavior. And yes, money is involved when businesses spend time to fix the problems. But asking him to repay "millions" is an order of magnitude wrong. Let's see Kenny Boy Lay repay millions, yes. But this kid?!

    Those of us who poked and prodded tech at his age, but did so in a way that didn't cause headaches to everyone, understand a little of his motivation. He was a dope, but a curious dope, and now he's learned a lesson. Will all the other script kiddie types learn from this? No way. What if he is told to pay back "millions"? Nope, they still won't care. We need to rethink how we deal with this sort of headache so that we encourage kids not to mess with worms and stuff, without treating them worse than violent criminals. I don't have the answers, but I can't see how throwing the book at this kid is going to solve much.

  24. In all curiosity by Keitopsis · · Score: 1

    In reality, does the possibility of 36 months do anything to deter this behavior, or are we only interested in generating a bitter, and possibly better informed criminal element?

    How do you punish someone for engaging in computer crime, and deter those that consider comiting similar crimes?

    "He has all the virtues I dislike, and none of the vices that I admire" -- Sir Winston Churchill

    1. Re:In all curiosity by Nicholas+Evans · · Score: 1
      How do you punish someone for engaging in computer crime, and deter those that consider comiting similar crimes?

      We really should consider the death penelty for releasing viruses/worms like this. I bet if the US government (I live in the US, so I'll use them as an example) passed some bill allowing the dealth penelty for this this, then started taking it more seriously and put some effort into rounding people who release viruses...Well, I'm sure there would be a bit of a decrease in new viruses.

    2. Re:In all curiosity by prshaw · · Score: 1

      I would support this!

      And I don't think we would have to more then 3 make it all the through death row and almost all the virus would stop.

    3. Re:In all curiosity by Keitopsis · · Score: 1

      Does capital punishment fit the crime? Does the current implementation of capital punishment act as a deterant?

      What options does society have to prevent computer crime? Isolation of the criminal element? Break up the net for many, in order to protect the few?

      I think it is becoming clear that producing "risk-mitigation" strategies, phantom damages, and jail time has been shown to be ineffective. All that seems to have been accomplished is the generation of media icons, and encouraged the activity.

      No good can come from "throwing the book" at the hobbyist, witless, helpless, or ignorant. Too many people consider the possibility that they will be next.

      --Kei

  25. I think the time doesn't fit the crime. by methangel · · Score: 2, Insightful

    Modifying a pre-existing "worm" .... big deal. It only affects a certain operating system -- the holes exploited were very well known, the creator himself did not intrude into anyone's system, the worm did. I say the government should pay 60,000.00+ (the cost of housing an inmate for 3 years) for antivirus/worm software for citizens. Big businesses should be PATCHED already, that's what the IT department is for!!

    3+ years served because other people screwed up and didn't keep their systems secure, give me a break.

    The worm of course should be sentenced to death with McAfee or the security patch that is made available by the loveable operating system maker.

    1. Re:I think the time doesn't fit the crime. by Anonymous Coward · · Score: 1, Insightful

      Jesus Christ.....you don't think it's his fault at all? Only those computer users who didn't update their virus definitions? So someone crawls into your window because it's not closed and takes your TV and that is your fault? People shouldn't have to worry about these things. What a horrible view of life you have. People are responsible for their actions and choices, and those who make conscious choices to harm or inconvenience other people for personal gain or a good fucking time are to blame, not people who are simply living their lives, not knowing that their computers can be so easily corrupted.

      To say that he didn't intrude on anyone's system is ridiculous. If you create and command the virus to do just that, then YOU are in essence doing it yourself. Wake up man. He's an immature asshole, and he needs to be held responsible.

    2. Re:I think the time doesn't fit the crime. by NineNine · · Score: 0, Troll

      Hey, I'm gonna find you and kick the doors in on your house. It's your fault if they can't keep me out...

    3. Re:I think the time doesn't fit the crime. by InfiniteWisdom · · Score: 2, Insightful

      Let me get a gun and shoot you in the chest. It only affects you--- the vulnerability of your chest to a high speed lead projectile is well known. I won't serve a life sentence simply because you didn't wear a kevlar vest!

      If I leave my car unlocked with the keys in the ignition, in a bad neighborhood that might make me stupid, but that doesn't make the person who steals it any less of a criminal.

    4. Re:I think the time doesn't fit the crime. by desmogod · · Score: 0

      You haven't got a clue champ.... Firstly, the kid was not the creator, but the modifier. Secondly, he DID intrude into peoples systems indirectly by releasing the modified worm. And thirdly, If I'm immunised against influenza, and then someone releases a genetically modified strain of influenza, is it my fault that I get sick from catching it? No, it is not. Give ME a break, he deserves every single thing he gets.

    5. Re:I think the time doesn't fit the crime. by RiDuvessa · · Score: 3, Interesting

      So by using this logic, any victim of a crime deserves what they get if they did not take every effort to prevent it from happening. Example, a person leaves on vacation and locks their home. They stop their mail and have someone take care of their dog. However, they forget to stop their paper, and thus, a criminal notices they are gone and breaks into their home and steals their belongings. By your definition, it is the homeowners who are at fault, and the burglar, if caught, should not be punished. Also, in that same situation, if a person noticed that the house had been broken into, and went in, and stole a painting that been left by the previous burglar, does that mean the individual wasn't guilty, because he hadn't broken into the house originally? By your logic, he isn't. I would argue he is just as guilty as the previous burglar. This kid committed a crime. He deliberately caused harm to people's property. It doesn't matter if he wrote the original virus or not. He needs to be punished. And I don't think the punishment is off base.

    6. Re:I think the time doesn't fit the crime. by tftp · · Score: 1

      Also you will not be guilty of the shooting - you didn't make a hole in his chest, the bullet did. The grandparent mentioned this "point".

    7. Re:I think the time doesn't fit the crime. by wshs · · Score: 1

      Think of it more like this...
      You buy a deadbolt and knob lock set from Company A. Company A knew about flaws in the set for some time, which were caused by flaws in the master plans for the set. While Company A has a fix for that lock, and willing to provide it free of charge, they don't bother telling you about the fix, or even the problem.
      Someone else finds out about this flaw, and goes from neighborhood to neighborhood looking for doors with this particular lockset. They find you have yet to get it fixed, and abuse this problem. They are to blame just as much as the lock set's manufacturer. The flaws could have been avoided by simply checking the master plans (aka, distribution master).
      However, if you were told about the problem and ignored it, you are to blame as well.

    8. Re:I think the time doesn't fit the crime. by JuggleGeek · · Score: 1
      Congrats. You wrote what is probably the stupidest thing I've ever seen on Slashdot, and got modded up for it.

      You believe that no matter how hard a criminal tries, the victim (or anyone other than the criminal) should take all the blame.

      He isn't getting 3 years because other people screwed up, he's getting 3 years (assuming he does) because he tried to screw up other people.

    9. Re:I think the time doesn't fit the crime. by nwbvt · · Score: 1
      "It only affects a certain operating system -- the holes exploited were very well known,"

      Yeah, thats it. Blame the victim. That always works in court.

      "the creator himself did not intrude into anyone's system, the worm did."

      And O.J. never stabbed anyone, his knife did. Give me a break. You are a defense lawyer's wet dream.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    10. Re:I think the time doesn't fit the crime. by burns210 · · Score: 1

      OR, the government could realize that this script kiddie isn't a terrorist, and give him a well deserved(but small) slap on the wrist... THEN...

      HP, Dell, IBM, etc... install AVG anti-virus software on their machines and turn unneeded services off before shipping.

  26. Re:This guy is an idiot an deserves everything he by Anonymous Coward · · Score: 0

    Maybe a few years of biting the pillow in the pokey will make an appropriate example of him.

  27. Phantom damages?? by dedazo · · Score: 5, Insightful
    shades of Kevin Mitnick's phantom damages

    When the case is made against Microsoft (or "M$") and how "Windoze" is insecure and should be replaced by Leenucks, the argument is always "the worms and the viruses and malware cost businesses trillions and gazillions of dollars".

    But when they nail a dumbass kid who thought he was 1337 and releases a virus (or a variation of one) then it's "phantom damages".

    That's great.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    1. Re:Phantom damages?? by Anonymous Coward · · Score: 0

      When the case is made against Microsoft (or "M$") and how "Windoze" is insecure and should be replaced by Leenucks, the argument is always "the worms and the viruses and malware cost businesses trillions and gazillions of dollars".

      Actually we don't have to replace Windows with Linux if the feds force the kids responsible to pay us back the millions that we lost dealing with the problem.

    2. Re:Phantom damages?? by Pembers · · Score: 1

      "Phantom damages" perhaps refers to lost income, or opportunities that the business had to pass up because their computers were unusable. There was a story on Slashdot a while back about an electricity company not being able to accept payments from customers because they were infected with (I think) Nimda.

      Another example: a customer asks a business to quote for some work. The business knows it would charge about $1 million, but can't produce a more detailed quote, because the computer that has the software to do that is infected. The customer goes elsewhere. Presto - the company just "lost" $1 million. They might not have won the deal anyway, but it seems obvious that, because of the virus (and the shitty OS that allowed itself to be infected), they never even stood a chance of winning. It's "phantom" damages because they never had the money in the first place. But saying that they never really lost anything doesn't make it any easier for them to bear.

    3. Re:Phantom damages?? by hyfe · · Score: 2, Informative
      But when they nail a dumbass kid who thought he was 1337 and releases a virus (or a variation of one) then it's "phantom damages".

      Ahh..but it is actually.
      He released a virus that worked exactly the same as the original one, any damages that might have occured, would have occured anyway. This doesn't absolve him of guilt, and he should be punished, however holding him financially responsible for something his actions had no effect on his just plain silly. Especially considering how many worthy parties to blame for this mess.... the original author firstly, Microsoft for silly-ass mistakes, IT-personell for not doing their bloody job (evt.managers for not hiring enough IT-personell so they can do their bloody job :-) )

      --
      "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
    4. Re:Phantom damages?? by mikefe · · Score: 1

      "and the shitty OS that allowed itself to be infected"

      OK, come on I'm as much a FLOSS (ie, "Linux") advocate as anyone else, but what happens when it changes from .vbs and .bat to .sh and .csh scripts in the emails? Sure, at least it will only affect the single user if they're not running as root, but FLOSS is susceptable to attact at the human level also.

      Oh, you say the script doesn't have the executable bit, but look at mozilla and thunderbird. For a while they made you save your attachments before opening them. And there was a large percentage of the user base that wanted "double click on attachement opens file" functionality.

      Move people to a FLOSS OS like Linux or BSD, and you'll get the same pressures.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
  28. Mitnick is not a fair comparison by Elpacoloco · · Score: 1

    Mitnick is a con-man combined with a cracker.

    This guy is pure cracker.

    1. Re:Mitnick is not a fair comparison by AdamTheBastard · · Score: 1

      That's not even true. This guy made the tiniest little hack (yes no cracking was invloved) to sourcecode that he got sent. He compiled and released it.

    2. Re:Mitnick is not a fair comparison by FireFury03 · · Score: 1

      This guy is pure cracker.

      Nope, he's pure script kiddie - a cracker understands how an exploit works and spends a lot of time working out how to use it. This kid just modified someone else's code and almost certainly has no clue how the exploit works.

  29. sup wit' dat? by Anonymous Coward · · Score: 0

    dude, "digital janitor" is a clear rip-off of my similar (but funnier) "computer janitor." man, sup wit' dat?

    yours faithfully,

    rmg

  30. Why is everyone so quick to... by Anonymous Coward · · Score: 0

    ...defend this idiot? He purposely released a variant of a malicious worm. I think it's much more effective to "make an example" out of him, as the poster said, than to let him off with a minimal penalty so other people will think it's cool to try their hand at it too.

  31. Wow, wait until he gets to jail... by NightWulf · · Score: 1

    Then when you have all the guys on that bus ride to jail, and they're all comparing stories. You got the guy that killed six people, another one who raped several women, then someone who was doing drug dealing. They turn to this lilly kid and ask him what he's in for...he meekly replies, "I umm wrote a computer virus." He realizes his mistake as he sees the smiles on those hardened criminal faces as they have a new cell b****. Then during those nights when this young man cries himself to bed, I wonder if he'll think it was all worth it for a few laughs. Friggin idiot.

    1. Re:Wow, wait until he gets to jail... by thephotoman · · Score: 1

      Well, if there's a kiddie rapist on the bus, this kid has nothing to worry about. Tech criminals are still higher ranking on the prison totem pole than kiddie rapists. Even the most hardened criminal lacking any code of ethics despises a kiddie rapist. This is probably because what those criminals do is the biggest diservice to the perpetuation of the species out there, but I'm not really sure.

      --
      Haec merda tauri est. Ceterum censeo Carthaginem esse delendam.
    2. Re:Wow, wait until he gets to jail... by jollyhockysticks · · Score: 0

      bumsex is not justice, hell its not even legal in most your states, if you want to sentence criminals to 4 years of bumrape or whatever then do that with the courts, its unjust to sentence people to jail time knowing they're going to be raped while they're in there. Its not a laughing matter. I'm so tired of the constant jokes about it, thats not what prison is supposed to be people and if thats what you want it to be then why not make it official?

      "For creating this virus I sentence you to 2 years of daily bumrape in a federal pound"

      all this unofficial punishment crap is really unjust.

  32. Shades of Mitnick? by HeghmoH · · Score: 1

    Don't side with this guy. Virus writers deserve whatever they get, and usually a lot more. Mitnick's damages were fictional, but damages from viruses are all real. He should probably be liable for a lot more, but he'll never have a hope of ever paying off all of the damage he inflicted.

    --
    Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  33. Forgive Me-"Phantom" TCO. by Anonymous Coward · · Score: 0

    "The fact that unscrupulous companies will bill in phantom damages just makes it worse. "

    I want all you "Windows TCO is higher because of all the work viruses and trojans put you through, and lost opportunities (money and otherwise)" to read the above. If indeed damages are a "phantom" that basically deflates all your TCO arguments for going with Linux.

  34. is it really so hard to understand by lord_zer0 · · Score: 0, Troll

    Is it really so hard to understand that worms are a *good* thing? For instance, if I had a major server running vulnerable OpenSSL on it, and it got caught by a worm, 10,000 other people would have the same problem, and it'd be easy to remove. Not only that, but everyone would know about it, how to patch it, etc. Now think what would happen if somebody wrote a non-automated tool. They could target my OpenSSL server, steal everyone's credit cards and patch my kernel so i'd never know... *shudder* Give me a worm over an underground exploit any day.

    1. Re:is it really so hard to understand by prshaw · · Score: 1

      But he didn't show any new vulnerability. All he did was take one that was already known, modify it to steal people's information.

      What is good about that?

      Someone comes along and kills you and we say "See he was just showing us that killing is still bad"? He says it was easy to do so it was your fault, so we let him go?

      Is killing different then stealing? Yes, but wrong used to be wrong no matter what. It doesn't matter how easy it was to do, it was still wrong and should not be tolerated.

  35. made an example of...? by midnitewolf · · Score: 0

    Whatever. I think the court should have made him legally change his name to 5cr1pt k1dd13. Lets see how many viruses he writes (ah.. or steals and re-releases) with THAT.

  36. Virus writers do our future a favor. by Anonymous Coward · · Score: 0

    I can't believe that more people aren't seeing virus writers like this guy and Blaster.b in a more favorable light.

    Dinkycrap viruses like Blaster.b are vaccines or learning lessons for humanity and computers in general. It served as a wake-up call to how a buggy untested, security through obscurity, 'no one is a bad person' flowerworld crap software system like MS when coupled to absolutely braindead users and indifferent IT staffers is very vulnerable.

    Better to get attacked now when it only saps some productivity, than in the future when someone with designs for evil PWNS the entire damn world, because we coded glib cheery software.

    Nature does not suffer fools. The weak and vulnerable are preyed upon and eliminated. The hardy and prepared organisms survive.

    Is there any reason it should be any less true with our electronic world?

    You think that something etheral as laws are going to stop someone determined to do damage?

  37. before any moderation or replies, let me clarify:

    virus writers are not funny, cool, nor ub3r if they release to the public without first going to the source(s) of the problems (ie shitty programming companies that hire people unable to code out of wet paper bags). The situation becomes sticky when the company ignores you or threatens you (it happens). Well, then go to SANS or CERT, if a red-flag from those two places do not get the attention of afore mentioned shitty programming company, then at least the rest of the community has the knowledge of their shitty product.

    Take your pick:

    1. code, break, inform and then help the community protect themselves.

    2. or be ub3r and "cute", le33t3 (or whatever shit), release into the wild and enjoy your penalty.

    What i've not listed there is group 3 - the silent, crafty ones. Not sure what their motive is if they break and never help FIX anything. 'cept sitting at home marveling at how cool they are...which only gets you so far when you are alone ;-)

  38. specialist? by Anonymous Coward · · Score: 0

    I wonder if any plastic surgeons specialize in anus tightening/restoration.

    I suspect this sweet young thing will be in the market for such a service when he gets out of prison.

    1. Re:specialist? by Anonymous Coward · · Score: 0

      prison rape IS funny, and you're kinda cute...

    2. Re:specialist? by Anonymous Coward · · Score: 0

      > Let's hope you're not someday on the end of that blunt instrument of state terror...

      Actually prison rape is considered pretty funny, at least in prison.

      One of my pals is in prison, has been for years, and although he has not been on either end of rape, he has seen/heard it happen many times. And they really do think it's kinda funny.

      It usually happens to sex criminals, rapists or molesters, but pretty much any young loser who doesn't make connections fast is going to end up getting pounded.

      Considering many women and men take it up the ass on a regular basis, and enjoy it, it's probably not so bad, especially after, say, the first month or so.

    3. Re:specialist? by Anonymous Coward · · Score: 0

      I've actually read a serious article where the claim was made that unless you're a hard ass with some experience fighting, one of your best options is to literally become some "jock's bitch". You then become his exclusive property (which means you WILL be sucking his cock and having him fuck you in the ass, when he wants, how he wants).

      When it works right, though, you're apparently in decent shape -- the jock's status is apparently contingent on how well he protects his "property", and apparently the jock/bitch relationship appeals to some parental/spousal instinct. Unless your jock is a real psychopath, you generally get treated well -- fucked with lube, and more importantly, not beat up, ripped off, gang-raped or killed.

      The downside can be jocks that will pimp you to other prisoners for dope or money, total psychopaths and beat you like they beat their wives/girlfriends on the outside, promiscuous jocks that will infect you with AIDS, etc.

      It sounds like a tough choice to me, but if you're facing 5-10 in a maximum security state prison in a bad state like Cal, Texas, or someplace else, it might not be a bad choice. You either fight for the right to join the Aryans, get turned out by the niggers, or become a bitch.

  39. Re:This guy is an idiot an deserves everything he by Anonymous Coward · · Score: 0

    In court, the high school senior wore a T-shirt that read "Big Daddy" on the front and "Big and Bad" with a grizzly bear on the back.

    I bet bubba is dying to meet this guy in the slammer...

  40. Nice website. by Anonymous Coward · · Score: 0

    ...dork. :::snicker:::

  41. Giv'em computer access! by CFrankBernard · · Score: 1

    He owes a debt and *we* have to start paying for his room 'n board after he loses his job--his means to pay? At least let him work online for an anti-virus or anti-spam company. Don't take away computer access as done with Kevin Mitnick.

    1. Re:Giv'em computer access! by Anonymous Coward · · Score: 0

      why? this kid really doesnt have a clue about what it takes to make these sorts of things. he just re-released a slightly modified version of the original, which is easily done with one of the many virus creation applications.

      no skill at ALL.

    2. Re:Giv'em computer access! by CFrankBernard · · Score: 1

      A job's pay should be commensurate to skill/learning/productivity/diligence--even with mundane yet necessary tasks. My point is that victims shouldn't have to pay any of the living expenses of debtors forced into profitless welfare "living." We need to progress past the failures of so-called penitence/penitentiaries for crimes such as stealing. Government should promote the principle/potential for restitution instead of tax-penalizing the victims of that crime in order to support/facilitate the rapidly growing class of jobless/welfare/criminal/homosexual/masturbating inmates/primates.

  42. Jail time? by Anonymous Coward · · Score: 0
    >Still, Parson cannot leave his home except to go to work, or if supervised and preapproved by the court. The judge declined Koller's request to grant him greater freedoms, such as being able to go to the movies without his parents.

    This sounds a lot like jailtime to me.

  43. What? by John+Seminal · · Score: 1
    he can now look forward to 18-36 months behind bars and -- shades of Kevin Mitnick's phantom damages

    those are not phantom damages to the people who suffered because of it. if someone had to spend time fixing a system or had lowered security because of it, then the damages are real. and if he takes that approach, that there are no "phantom damages" and that it's not his fault, then he will get the book thrown at him because he has no remorse.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:What? by Anonymous Coward · · Score: 0

      What about the fact that the damages were largely a result of neglegence - people didn't download and install the nessecary patches that were avaliable weeks before Blaster

    2. Re:What? by Anonymous Coward · · Score: 0

      this is getting back to that old argument. the thief is not at fault if a guy did not have a dead bolt lock on his front door.

      anyways, you are trolling looking for a fight, otherwise you would have used your account.

  44. Hardly by GoClick · · Score: 1

    The idea is to make an example out of him not to actually change him. "Corrections Services" don't correct the offender they correct everyone else.

  45. hrm...well-OK as long as you don't get caught. by Anonymous Coward · · Score: 0

    "i can say this: if you don't know enough to keep from getting caught, well, enjoy the penalty."

    and

    "Sorry, no remorse for those that act without knowing enough."

    I'll keep the above in mind next time Slashdot posts about some teenager getting caught downloading copyrighted music.

  46. Average joe user by Anonymous Coward · · Score: 0

    The kid is getting off light with the damages. People are talking about "IT" departments like everyone is a big company.

    Well they aren't. How many home users had to shell out $$$ to have the worm removed from their computer by the local computer shop?

  47. Jail, schmail by frAme57 · · Score: 1
    So this kid can take a piece of code - the core of which was written by someone else and that trashes peoples' computers, modify it a bit and send it out to trash still more peoples' computers?

    Sign him up on the WinXP sp3 team! Then put a tracker on him and make him live on the MS campus until his sentence is up: restitution and incarceration.

    To distract Windows users from that fact that any virus damage was their own fault* future versions of MS Office can have an animation of Clippy buggering the kid in a Microsoft Virtual Pound Me in the Ass Jail.

    *through poor system maintenance of an already and inherently insecure system

    --
    "In a hierarchy every employee will rise to his level of incompetence". The Peter Principle
    1. Re:Jail, schmail by 59Bassman · · Score: 1
      frAme57 wrote:

      To distract Windows users from that fact that any virus damage was their own fault*...

      *through poor system maintenance of an already and inherently insecure system

      "Well your honor, ya see she was wearing this sexy skirt and halter top. It's like she was BEGGIN' me to rape her..."
    2. Re:Jail, schmail by frAme57 · · Score: 1
      Nice try, friend. But I am not swayed by your faulty analogy. Come to think of it, I am disgusted by it. Yes, I have seen offices screech to a halt because of a virus. But if you really think that having your computer - even your whole network - trashed by a virus would cause you the same physical harm, the same anguish, the same nightmarish fear of one's surroundings that being raped can cause, you really need to get out more.

      If you just meant that the "being vulnerable is the same as asking for it" argument is false, the comparison is still a red herring.

      How about something like, "Well your honor, I got separated from my group during a field trip to the local hospital, when I founnd myself alone in a room with someone who was dressed as a nurse. She took off her blouse and bra, and started grinding her breasts into my face."

      "I had heard the rumors about the crazy hooker that liked to sneak into the hospital dressed as a doctor; the one who would offer to store valuables for patients going into surgery and then disappear with them - the one who would empty sharps bins and biohazard bags into her coat pockets. I heard she would screw and/or blow several guys at a time in the communicable disease ward - yelling all the time that she was clean, healthy and discrete; the perfect girl to take home to their moms."

      "So I figured, 'what the hell?' I reached up to touch one of her boobs - and she grabbed my collar, slammed my face into the floor and started kicking me in the crotch...."

      (And in case anyone needs to be told: the character of the crazy hooker represents my opinion of the Microsoft corporation, and the MS Windows operating system. Individual Windows users are represented by inocent people in the hospital who, fooled by her official looking garb may have unknowigly and trustingly interacted with her.)

      --
      "In a hierarchy every employee will rise to his level of incompetence". The Peter Principle
  48. Time to get a job by glrotate · · Score: 0, Offtopic
    All I know about Bush is I had a job when Clinton was president.


    Dude that was almost 4 years ago. Isn't that excuse starting to wear a little thin down at the unemployment office?

    1. Re:Time to get a job by Kevin_Peters · · Score: 0, Offtopic

      Have you tried to get a job, lately? They say the economy booms during times of war. I haven't seen a boom in anything except people "saying" the economy is getting better. Show me the proof.

      --
      The music is all around us. I can hear it. Can you?
    2. Re:Time to get a job by Monkelectric · · Score: 0, Offtopic

      Yep. In my town, 5000 people showed up for 400 *walmart* jobs. For people like myself with engineering degrees, theres just no hope.

      --

      Religion is a gateway psychosis. -- Dave Foley

    3. Re:Time to get a job by gujo-odori · · Score: 1

      I'll get modded OT for this (or who knows? Maybe some will find it interesting enough to reward me even though it's OT), and you might want to skip this one if you care about topicality.

      Have I tried to get a job lately? Well, if last fall counts as lately, yes. After voluntarily leaving my previous position, I had a new job offer in less than two months, and I only applied for a few positions before receiving that offer. Less than a year into this job, I have been promoted to the leader of my team and have recruited several new members.

      I've hired four people in the last two months and will be hiring a fifth in the next month or so. Those four were all new positions. The one open now is to replace someone who was recruited away.

      There's your anecdotal proof. For statistical proof, you might want to check on new job creation. It's happening. Not as fast as hoped for, but it's happening. The economy isn't shrinking, it's growing, and new job creation is proof of that. Does that guarantee you'll get a job (if you're unemployed now)? No. Getting a job, even in good times, means being in the right place at the right time with the right skillset. IT isn't the greatest skillset to have right now. Biotech is a much better one. The competition is rough, and if you're out of work I do feel for you, but there really are jobs out there. If you're in LA and need a job, post a link to your resume in reply to this; I'll take a look. No guarantees, but I do have a position open and I will read your resume.

      Want more proof? The Fed just tightened rates again. They only do that when the economy is growing.

      Yes, things are tough. Yes, there is still an over-supply of workers in the IT job market in many, if not all, parts of the United States. This is partly due to offshoring, and partly due to the fact that there are just simply too many people in the IT job market right now. The hiring craze that went on during the .com era, much of it by companies with absolutely unsustainable business models, was guaranteed to created this kind of a glut.

      However, none of that is Bush's fault. He wasn't even president when the things that caused this situation were happening. It was already a done deal on the day he was sworn in.

      Likewise, it's not Clinton's fault, either. He wasn't out there holding a gun to people's heads and forcing them to create impossible companies with ridiculous business models. Nor was he acting as a Silicon Valley Robin Hood, stealing from the rich VC firms and giving to the poor dot-com CEOs. They did that all on their own. Was Clinton responsible for stopping it? No. He was not even legally empowered to stop it.

      The economy doesn't boom during times of war, although it booms for certain industries. If you have experience in, say, manufacturing artillery shells, you might find this a good time to be looking for work. War is a drag on the economy, although in the short term it can break a recession, as happened when WW II broke out. The boom, however, came *after* WW II, when millions of people got out of the military with money to spend. Pent-up civilian demand (so much was rationed during the war and cars were not manufactured at all in the United States) also contributed to the post-war boom,

      Also, so far, the war we are engaged in now (and we will be engaged in this war for decades to come, regardless of who is elected president in November) has not been one that burns a lot of big-ticket items. Losses of tanks and aircraft have been few and far between. We are fighting an enemy with little ability to destroy either of those. We've probably lost more aircraft to accidents than to enemy fire.

      WW II made war industries boom. Ships and aircraft were being built and lost at tremendous rates. Huge amounts of new military hardware was needed. So far in this war, there hasn't been such a need for new stuff. It's being fought with equipment the military already has. The only stuff they

  49. You are a fool by Anonymous Coward · · Score: 0

    Do you really think that people get dragged away at night and shot like back in the USSR?

    Wait what am I asking? Ofcourse you think that. You are a fool and you ought to really get a grip on reality.

  50. this guy *wrote* a virus? by dmbrooking · · Score: 5, Interesting

    Saying that this guy wrote a virus is like me changing the names in The Lord of the Rings and calling myself an author....

    1. Re:this guy *wrote* a virus? by tftp · · Score: 2, Insightful
      No. But you will be a publisher. That's the crime in this case.

      The guy wouldn't be in jail for mere compilation of the virus, or for any changes as such.

  51. My time, resources, and data are valuable by MrCool80s · · Score: 2, Insightful


    While this particular kid may be an idiot and a copy-cat, his perpetuation of the virus (intent and implementation) is nearly as bad as the original writer's efforts. He took a virus and re-wreaked it on the world (or whomever he coould).

    I manage a small reasearch lab server and infrastructure. And of course I do tech support for my family. Virus protection, et al, does not always cut it, especially in the first 24-48 hours. That said, we all know security is integral, but people like the original writer and these copycats make the digital envronment dangerous/evil/[choose your favorite adjective], it doesn't start that way fundamentally. (Let's not get in to a discussion of the "nature" of the internet.)

    Even with what I consider to be an above-average skill set, an outbreak can waste anywhere up to 30 hours of my time depending how serious and how fast it is. You call my lost time, resources, and users' data "phantom damages"? I most strenuously disagree. Extrapolating these factors to the world's populaton at large and I have no compassion for the guilty, whatsoever. Their terms should be measured tens of years, not months.

    MrCool80s

    1. Re:My time, resources, and data are valuable by droleary · · Score: 1

      I manage a small reasearch lab server and infrastructure.

      So you picked Windows as the secure means of doing that? You should be fired. Stop blaming this one kid for your bad decisions.

      Even with what I consider to be an above-average skill set, an outbreak can waste anywhere up to 30 hours of my time depending how serious and how fast it is. You call my lost time, resources, and users' data "phantom damages"?

      Yes, I do. If you dropped the ball, don't blame gravity for making it fall. Gravity is just doing what everyone with sense expects it to do. Everyone with sense knows that Windows is a can of worms. It's not like this guy was the first, nor has he been the last, to exploit MS software. If your time is so valuable and exploits are so costly, why do you continue to run Windows?

    2. Re:My time, resources, and data are valuable by Anonymous Coward · · Score: 0

      Shame on you for not blocking executable attachments, not using proper firewall rules, anti-spyware and enforcing users to stay clear away from IE and Outlook.

      Shame on Microsoft for not securing their OS per default and actually being the creator of all the opportunities to write viruses in the first place. The Internet would be a much safer place without Microsoft.

      You live in a glass-house, you deserve the shards when somebody throws a stone..

    3. Re:My time, resources, and data are valuable by MrCool80s · · Score: 1

      What constructive comments. Short of providing the world with the details of my life let me clarify with:

      1) I don't get paid, I volunteer (more snide comments?)

      2) I don't own the machines

      3) I have tried providing GNU/Linux concept machines, but users shied away, even with instruction and encouragement.

      The world is not yet as ideal as you/we would like it to be.

    4. Re:My time, resources, and data are valuable by droleary · · Score: 1

      1) I don't get paid, I volunteer (more snide comments?)

      Absolutely! See, you're a big part of the problem. Instead of the research lab incurring the actual costs of running Windows, you hide the problems in an attempt to seem helpful. You think you're doing the right thing, but you're really just supporting a multi-billion dollar monopoly.

      2) I don't own the machines

      So what? Either you actually manage the lab for the owners or you don't. It sounds like you don't. It sounds like your just another cheap IT drone.

      3) I have tried providing GNU/Linux concept machines, but users shied away, even with instruction and encouragement.

      Where did I say to use Linux? Depending on the details, maybe they should have gotten a Mac. But here's an idea: when you put in the Linux machines, did you say you wouldn't support the Windows boxes anymore? Did you flat out tell them to get comfortable as a Linux user or get comfortable as a MSCE? If they shy away, it's usually because they think they can get out of having to change, and that sounds like exactly what happened.

      You have failed to support your case, so stop bitching about Windows exploits. Stop whining about valuable "lost" time when you know full well what to expect when running Windows. Stop pretending any one person outside of Redmond is at all responsible for your bad situation except yourself.

  52. Re:We as a society need to decide how to handle th by thephotoman · · Score: 1

    I must admit, restitution seems a bit much, if only because you can't get blood out of a turnip (as they say in the American Midwest). However, a hefty fine should be issued to make a monetary appeal to people not to do these kinds of things. I might also suggest a black mark on his credit report would be in order.

    However, he wasn't learning tech. If he wanted to learn tech, there's open source software out there that he could play around with and hopefully produce something the world could use. I know it's a long shot, but playing with open source code is generally much more instructive way of learning tech--by taking apart something that actually works instead of taking apart something that is intended to do damage upon release. I don't know, but when I was a kid, I always played around with things in the hope of finding something useful that I could perhaps one day sell to make the world that much easier for everyone.

    --
    Haec merda tauri est. Ceterum censeo Carthaginem esse delendam.
  53. Not quite... by endoboy · · Score: 1

    "what most of us did when we were his age" was the functional equivalent of playing with matches what he did was play with matches, burn down the building, and get caught at it. If he only gets 18 months he's getting off lucky

  54. Wow by Anonymous Coward · · Score: 1, Funny

    So that's what the "Overrated" moderation option is for. I understand now.

  55. I say find a rope and a tree by davmoo · · Score: 1

    It never ceases to make me wonder when Slashdot tries to support and garner sympathy for jackasses like this guy. I think he got off light.

    Yes, Windows is insecure and it made it easy for this script kiddie to do his deeds. But that is totally irrelevant here.

    I've also read comments here about how this guy was just "tinkering" and "fooling around with code" like we all supposedly do. Bullshit.

    If I use a known-faulty lock on my front door, that does not give you any rights to enter my house or damage my property just to "tinker around" or see if you can do it, no matter how easy it was for you to enter. Likewise, if I build my house out of straw or something else equally flammable, that does not give you the right to set it on fire just because I'm stupid.

    The little prick is a criminal, and he deserves to be treated as such. And so does anyone else who writes or intentionally releases viruses or worms. I hope the other criminals have their Vaseline ready.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:I say find a rope and a tree by Anonymous Coward · · Score: 0
      If I use a known-faulty lock on my front door, that does not give you any rights to enter my house or damage my property just to "tinker around" or see if you can do it, no matter how easy it was for you to enter. Likewise, if I build my house out of straw or something else equally flammable, that does not give you the right to set it on fire just because I'm stupid.
      God, I HATE the locked-door analogy.
    2. Re:I say find a rope and a tree by Anonymous Coward · · Score: 0

      Witness the charity!

      I hope if *you* are ever caught doing anything that's actually *criminal* (like, oh I dunno, speeding in a residental zone which is a tad more dangerous) you get a shank put in you in prison.

      Of course, I don't really mean that - but you see how easy it is to slide into vindictive, hateful punishments? Wishing brutality on a kid who (stupidly, yes) hit a few keys is something repulsive and just *has* to colour you moral character and outlook. God help your own kids.

  56. The press is getting better! by callipygian-showsyst · · Score: 1

    They didn't call him a "computer genius" or a "Whiz Kid!"

  57. Wow! by Anonymous Coward · · Score: 0
    Virus writers deserve whatever they get, and usually a lot more.


    From your vapid bile and your low(ish) user number, I have to guess that you're one of the oldest MS astroturfers here. In another age you would've whipped - on behalf of the Invisible Silk Co. - the little boy that called the emperor naked, wouldn't you?

  58. Phantom damages? Hardly, in this case, IMO. by Jeff+DeMaagd · · Score: 2, Interesting

    Unless you don't think time has any value.

    While the Mitnick case was unjust in, that I understand anyway, he "stole" code which he might have gotten if he asked very nicely through a student program, but being hit with exorbitant damages, Blaster and variants costed a lot in bandwidth, productivity losses and cost/time of removal.

  59. Re:We as a society need to decide how to handle th by aardvarkjoe · · Score: 1
    The difference between his playing around and your playing around is that what he did cost people lots of time and money. You're trying to just gloss over that, but the fact of the matter is that it makes a whole world of difference. An 18-year-old person is an adult: he is expected to think about the consequences of his actions, and is expected to take responsibility for what he does. He should be required to do everything possible to make restitution for those harmed by his actions. (Of course, those harmed by him probably won't see much -- if any -- of the money, but that's another can of worms, and doesn't excuse him from his responsibilities.)

    How about comparing his "playing around with tech" to somebody "playing around with matches" who purposefully burns down a building? What's the difference? In fact, he probably got off with a lighter sentence for doing more actual damage than a lot of criminals.

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  60. Would a kick in your balls be a favor to *you*? by Anonymous Coward · · Score: 0
    I mean, after all, that would give you incentive to learn how to fight, now wouldn't it?

    Are you beginning to see the flaws in your "logic" yet?

  61. I'm in line by NanoGator · · Score: 1

    " ...he can now look forward to 18-36 months behind bars and -- shades of Kevin Mitnick's phantom damages -- may be expected to pay millions in restitution."

    Great! When do I get my check?

    --
    "Derp de derp."
  62. Long live to the script kiddies by Anonymous Coward · · Score: 0

    Everyone has stolen code from everyone, that makes a script kiddie of everyone, if you haven't taken advantage of that your last name is no Gates neither Jobs.

    When you have coded your stupid "Hello World" in what ever language you started programming with you have fallen in the Script Kiddie category, so stop using it as an expression to deminish others because you'll be deminishing yourself.

    A community devided is a dead community.

  63. Sue Microsoft by Hanzie · · Score: 1
    ...then why shouldn't we be able to sue Microsoft...


    We can. Anybody can sue anybody for darn near anything. Many have sued Microsoft for various things, and won.



    On the other hand, Microsoft is also allowed to:

    1. Defend itself from our lawsuits.

    2. Sue us back.

    --
    ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
  64. You *must* be joking by TiggertheMad · · Score: 1

    But as for the millions, who actually get's the money?

    What money? You are talking about an 18 year old kid, with no college degree and a federal felony record. You think that this punk will be able to get anything more than a $6.50 per hour job pumping gas? He will be lucky to be able to pay rent.

    Good luck collecting millions in restitution...

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  65. *shudder* by violet16 · · Score: 1

    I completely hear what you guys are saying about the wrongness his actions... but still, it gives me the heeby-jeebies that they're going to send this guy to prison for typing.

    1. Re:*shudder* by MoneyT · · Score: 4, Insightful

      They're not sending him to prison for typing any more than they send rapists to jail for feeling good.

      He took a known computer virus, designed to cause damage. Modified it so that he would know which computers were infected and then willfuly and purposefully released said virus back into the wild to cause havoc.

      --
      T Money
      World Domination with a plastic spoon since 1984
    2. Re:*shudder* by RichardX · · Score: 1

      Just like you can get sent to jail for wiggling your finger.... if that finger happens to be in front of the trigger of a gun which is pointed at someone's head.

      For what it's worth, I can think of several ways "just typing" could/should get you into all sorts of trouble. Death threats, anyone?

      --
      Curiosity was framed. Ignorance killed the cat.
  66. Stop reading /. if it makes you angry and depresse by Anonymous Coward · · Score: 0

    I hope you get a kid of your own someday.

    Might just change your view on things..

    Or maybe you're just trolling. It doesn't matter. Whatever you spout is coming from a place of anger and hate. You can't feel the knot in your stomach as you write it, but now you're made aware of it.

  67. Re:We as a society need to decide how to handle th by tftp · · Score: 1
    That's not much different in spirit from what many of us did at his age, playing with tech, poking at it, learning how things work.

    It is one thing to buy a sword and try it out in an empty room. It is a different thing to wield the same sword in a crowded store. Anything that you "play" with can get you jailed or killed. That's why it is a bad idea to play with fire or to run with scissors... or to knowingly distribute viruses of any kind.

  68. Do it right... by ewe2 · · Score: 1

    ...make the kid pay off the US foreign debt. It's slightly more constructive. I can't wait till we gets ourselves an FTA and sue him too.

    --
    insecurity asks the wrong question irritation gives the wrong answer
  69. Fly on the cell wall by SEWilco · · Score: 1

    "What are you in for, kid?"
    "Plagiarism"

  70. Blaster variant creator by Quiberon · · Score: 1

    This guy is a 'scapegoat', or even a 'whistleblower'. How about the ISP who supplied him with the infective agent ? The software vendor who supplied the infectable code ? I expect they both have waivers which will cover them against the possibility of civil liability, but surely they are both in the same boat as him if it comes to criminal liability.

    1. Re:Blaster variant creator by MoneyT · · Score: 1

      Neither the ISP or the software hosts intentionaly used this virus. He did. Knowingly, williingly and purposefuly, he released a damaging piece of viral code into the wild.

      --
      T Money
      World Domination with a plastic spoon since 1984
  71. Actually you're wrong. by CountBrass · · Score: 1
    you sir, are lost if you think an 18 yr. old that knows how to code (sorta) and re-used known virus code to make another virus, is "lacking the moral logic to recognize what he was doing is wrong".

    Uhm actually recent brain research has shown that teenagers are *incapable* of realising that there are consequences to their actions- the connections between the left and right side of the brains required to make that link simply do not develop until they are in their early twenties.

    Here's an article that describes it in more detail.

    --
    Bad analogies are like waxing a monkey with a rainbow.
    1. Re:Actually you're wrong. by Anonymous Coward · · Score: 0

      I agree, he probably didn't think things all the way through. I don't think that he should be put in prison at all everyone here gets soo excited about spam and viruses and yes I am an admin for servers and I have to clean up after imperfect coding (patches), imperfect management policies and viruses/malware, so don't try to blow it out of proportion - he didn't hold a gun to anyone's head, he didn't poison anyone's water, food or air, he didn't injure or threaten anyone - it is not something he should be put away for. I am amazed at people being ready at the slightest provocation, to send people to jail - but not for copyright violations or drugs. Although copyright violations and drugs don't bother me that much, I don't see a huge moral difference between those two and spam & viruses - consent to some extent, I guess

      This kid caused a little annoyance for a bunch of people but the collected executives of MS, Worldcom, Brown & Root, Halliburton and the US government have deliberately with malice aforethought harmed many more people in grievous ways and yet nothing happens to them - crimes of the poor, crimes of desperation, crime borne from being beaten over the head every minute by the images of an affluent, prosperous society while you are floundering and unable to bootstrap into an upward spiral from the ecosystem of poverty, unprofessional crimes committed by amateurs these are all punished to the furthest extent of the law...
      ...but slick, professional, corporate crime that ruins the lives (Enron, S&L scandal) , reputation (Port Chicago) or health (Love Canal Bhopal) or freedom (MS/DOJ Settlement) of many people those go with often just a stern, public talking-to during a congressional hearing.

    2. Re:Actually you're wrong. by timmyf2371 · · Score: 1
      I'm 21 so I still remember my teenage years quite clearly.

      By the age of around 14-15, if not *earlier* I knew murder was wrong and would get me put in prison. Similarly, activities such as theft would get me a shorter term in prison.

      By the age of 18, I - as were the other people in I knew in my age range - was "worldly wise" and read the news, knew things that were happening. I'm wondering if you're trying to say that an 18 year old wouldn't realise releasing a (modified) virus into the wild would have severe consequences, especially since the original blaster worm caused so much damage.

      --

      Backup not found: (A)bort (R)etry (P)anic
    3. Re:Actually you're wrong. by mpdolan37 · · Score: 1

      I am only 25 and still remember being 18. I still remember being 16 and getting my drivers license. Hell, I still remember going to see batman when I was only 8 or so years old, and I still remember that I knew that viruses were bad, period. I knew that murder was wrong. Black and White. Cut and Dried. I'm not saying that I didn't do anything wrong when I was that age. I just didn't care of the reprecussions of my actions. much like I think this kid really didn't see that his actions were going to disrupt some guy's business plan in Bangore, maine. Kids don't think of stuff like that. So I leave it to you to decide. morals need to be self realized because no one else can tell you that something is wrong or right. you need to understand for yourself. otherwise you will be a mindless zombie, and not know who you really are. but that's a whole nother topic. Peace I'm out.

      --
      Facts are useless, they can be used to prove anything.
  72. FREEEEEEDOM! by Anonymous Coward · · Score: 0

    With everything going on in the world an especially here in the good old USofA, I would expect more of you to be realistic to the fact that the Internet is the last partially free society on the planet. Digest this: The vast majority of posters here justify their ILLEGAL downloading of music because of an evil corporation called the RIAA. They control the content and how we are to listen to it while taking a dump on the hands which feed them, the artists and the consumers. I, like these posters, agree...to hell with the RIAA. Support your favorite artists by seeing a show or buying a tshirt. The 10 cents they get from a CD sale doesn't do a whole lot for them. Now, why is it so many would agree with me here but be blind to the fact that corporations are taking over the Internet for one reason and one reason only, their bottom line. Should the Internet be a place to make your millions? Sure, it COULD be but no one should have to make it easy for you. Risk VS reward, tis is the nature of the beast that we call the Internet. I laugh at these IT guys bitching about how it took them 30 hours to clean up blaster's mess. I respond with 2 words: JOB SECURITY. You people have jobs because the Internet is FREE and your job is to protect those who wish to venture onto it in attempt to increase productivity. Its a beautiful thing; some might compare it to the "wild west." Stop letting corporations and government feed you this bull. This kid toilet papered some houses in the digital world.

  73. Re:We as a society need to decide how to handle th by CountBrass · · Score: 1
    what he did cost people lots of time and money.

    Now come on, that's not really a valid reason to send people to jail is it? If it were they'd be full of old grannies that take to long to cross the road.

    18 year olds are literally incapable of understanding the consequences of their actions. Literally. The problem is that they look an awful lot like us adults despite the fact that they incapable of thinking as adults. See here for details or do a Google on something like "teenage brain research"; it's pretty recent and the law hasn't even begun to catch up.

    --
    Bad analogies are like waxing a monkey with a rainbow.
  74. Re:Do the crime, do the time... by FireFury03 · · Score: 2, Interesting

    "he is forever be known as a script kiddy" (which begs the question, Why? Modifying a virus isn't a good way to make yourself popular).

    Script kiddies aren't popular (at least outside script kiddie circles) - they are usually considered the lowest form of life.

    * Virus writer: understands how stuff works, spends a long time putting together viruses (this is not right but he's put some effort into it)
    * Cracker: again, like the virus writer, understands how exploits work, spends lots of time writing the exploit (again, not right but some effort has gone into it and in the long run it _does_ uncover bugs in software, which might be a good thing)
    * Script kiddie: Can't type properly, inserts numbers in everything because he thinks it looks "cool" (actually it make him look like a 12 year old tosser). Uses someone else's virus/exploit code and either uses it as-is or makes some minor modifications. This guy has done absolutely no work in writing the code he's using and almost certaionly doesn't havea clue how it works.

    Virus writers and crackers deserve some respect because they understand stuff and work for it, even if it is wrong. Script kiddies don't deserve respect because they don't understand anything, just rip off someone else's code and then think it's cool to compromise a few thousand/million machines.

  75. Robert Parson? by Rob_Warwick · · Score: 3, Informative
    The article doesn't mention a Robert Parson.

    It talks about Jeffrey Lee Parson. Also the /. story says he's 18. The USATODAY one says 19, though he would have been 18 at the time he released the worm (guessing based on article, I don't know when his birthday is).

    Please check the facts before you submit a Slashdot story.

  76. Re:This guy is an idiot an deserves everything he by Inda · · Score: 3, Insightful

    He was in court to plead guilty. He probably knew he was looking at a stretch. Why does it matter what clothes he was wearing?

    I used to get stopped regularly by the police. Normally I was just walking along the pathment minding my own business. I was stopped because of my hooded top most of the time - it's cold and wet in the UK. What a world to live in when people judge you by the clothes you wear.

    I've heard geeks here complaining about the stick they get... because they look like geeks? So sad.

    For the record I've never been arrested or convicted.

    --
    This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  77. Virus writing is NOT evil.. by andr0meda · · Score: 1

    ... but I think in this case, he *should* be made an example of. Virus writers need to *STOP*. Now.

    I do *SO* NOT agree. A virus is a challenge to the system. It tests the system. If there were no virusses written, security would simply NOT exist.

    I hate mail virusses and spam just as anyone else, but a true virus that manages to infect and spread contains a 2-fold message: OS and App vendors need to get their act together before selling stuff, and consumers need to be more critical of what they buy before they buy, and then learn how to use it.

    Virus writers are part of the underground of the PC world. Just like in the organic world, no world exists without an underground, it's a fundamental part of it, a symbiosis. If you destroy the groundlayer, you weaken and eventually destroy the whole system. People need to think more before putting everything into white and black boxes.

    --
    With great power comes great electricity bills.
    1. Re:Virus writing is NOT evil.. by 59Bassman · · Score: 1
      Are you serious?

      So burglary is OK, because it tests the locks and makes lock companies build better ones?

      Drunk driving is OK, because it tests car safety and makes car manufacturers build better ones?

      Murder is OK, because it tests the human race and makes us build better ones?

      Virus writing does NOT have to be part of the PC world. Making it sound like virus writers have this noble purpose of improving PC security is 100% pure BS. Virus writers are attempting to cause the most damage possible, either for some type of adrenaline rush or for profit. I can't imagine anyone possibly thinking that they're making the world a better place by wasting thousands of man-hours by people trying to clean infected systems.

      Sorry, I don't buy it.

    2. Re:Virus writing is NOT evil.. by andr0meda · · Score: 1


      Sigh.. again..


      So burglary is OK, because it tests the locks and makes lock companies build better ones?


      No because burglary directly breaches personal rights, i.e. unlawfully enter and steal.


      Drunk driving is OK, because it tests car safety and makes car manufacturers build better ones?


      No because drunk driving puts other people directly in life threatening danger.


      Murder is OK, because it tests the human race and makes us build better ones?


      No because it directly harms people.


      Virus writing does NOT have to be part of the PC world. Making it sound like virus writers have this noble purpose of improving PC security is 100% pure BS. Virus writers are attempting to cause the most damage possible, either for some type of adrenaline rush or for profit. I can't imagine anyone possibly thinking that they're making the world a better place by wasting thousands of man-hours by people trying to clean infected systems.


      The question is not what's good about spending man-hours on cleaning infected systems, the question is what's not good about spending man-hours on preventing infection. You are 100% true about the motives of virus writers. A lot of them are just in it for the kick, but not all of them. Some even make a job out of it hacking into systems. Regardless of their motives, the entire virus scene constantly waves red flags around flaws and holes that should not be there. Instead of looking at it as an attack to fight, the 'system' should learn and overcome as fast as possible. I'm not some romanticizing lunatic that has ties with virus writers, in fact I have nothing to do with them. I'm concerned with sociological trends in society, and virusses are more usefull than people take them for.

      None of the things you mentioned is going to disappear, btw.. Not by prohbiting people, punishing people, killing people.. you can wish for it to end, but you know your wish will never be a reality. The only thing you can hope for, is that more people become educated and can correctly tax the risks involved.

      You probably thought of slapping the powerplant example right in my face, where critical systems can become compromised, and can become a real life threatening danger to people, and that's very, very seriously bad. But you know that those systems should be protected well enough so that such things simply can't go wrong when that magnitude of risk is involved. They build airplane- and bomb- proof cages around nuclear reactors for a reason. Why is it so strange to ask for similar stringent approaches when software is involved? The real fuckwit is not the killer, it is the one that doesn't care enough and so allows the catastrophe to happen.

      --
      With great power comes great electricity bills.
    3. Re:Virus writing is NOT evil.. by 59Bassman · · Score: 1
      Sigh right back atcha...

      I didn't bring up the powerplant example, but since you did, there is a perfect example of where a virus writer could cause serious injury or property damage. Just because the system "should" be better protected doesn't make it any less serious when a virus writer unleashes his latest masterpiece on the world.

      Do I wish for a world where there was no robbery or no murder? No. I understand that a significant fraction of humanity is morally corrupt, and I'm unwilling to trade my personal liberty for the type of police state necessary to keep everybody safe all of the time. I'm willing to accept some of the responsibility for keeping my family safe from those who lack a moral compass. But that does not mean that I don't want to see murderers pay for what they've done. I don't think we need to stop punishing thieves (especially high level corporate thieves, but that's another thread) for the evil that they do.

      Similarly, I don't think we should stop punishing virus writers. Severely. I do agree that systems should be more secure, and that holes should be patched. I'll submit to you though that it's much more difficult to patch holes in a million lines of code than it is to exploit them. I don't think it's possible to rationalize anything that virus writers do as a valuable service - it's harmful all around. If the software gets better because if it, that's a side benefit kinda like less CO2 emissions from breathing when someone dies. That's not why virus writers write viruses, and it's not why murderers kill people.

      This kid clearly went wrong somewhere. Maybe there was a chance that a guidance counselor, computer class teacher, or heck even a parent had an inkling of what the kid was messing with. How much better would it have been if this kid's efforts were channelled into a Sourceforge project. He wanted to stick it to the recording industry? Write an interface for the iPod to Linux. Work on an alternative to ProTools that would actually run on OS software. Or if it was security he was concerned with, get involved with fixing bugs in other OS projects. I have to believe there was a way to turn his "talents" to some positive use. Unfortunately now the kid isn't going to be wanted by anyone who codes, just for fear of a backdoor or a trojan.

    4. Re:Virus writing is NOT evil.. by mikefe · · Score: 1

      "You probably thought of slapping the powerplant example right in my face, where critical systems can become compromised, and can become a real life threatening danger to people, and that's very, very seriously bad. But you know that those systems should be protected well enough so that such things simply can't go wrong when that magnitude of risk is involved. They build airplane- and bomb- proof cages around nuclear reactors for a reason. Why is it so strange to ask for similar stringent approaches when software is involved? The real fuckwit is not the killer, it is the one that doesn't care enough and so allows the catastrophe to happen."

      Those protections wouldn't be around the power plants unless there was some risk of people trying to exploit the explosiveness of the power plant. If there weren't crazy people thretening the power plant, or the cold war those protections simply would not be there.

      The funny thing is that it's the same people who complain about the military budget and costs of those things to *protect* people that say we need these other protections in the same logical direction (thick cages to protect against bomb and airplane attack).

      andr0meda hasn't come out saying that virus writers shouldn't be punished, just that they serve a purpose. I say that you'd lose a lot of virus writers if doing that didn't have punishment. They wouldn't be l33t anymore, but you'd get overwhelmed with the others that don't care about leetness and get even more people than when it was banned.

      Anyway, you have an entire industry supported by virus writers. Antivirus, just like you have an entire industry supported by crooks and robers, the police. The larger effect from virus writers isn't going to be larger penetration of OSS anti-virus and anti-spam, it's going to be more freedoms lost because the majority of people don't understand how computers work and will ask for laws to protect them, and their IT people who are telling them it's partly the vendor's fault they were infected are just extremeists and the vendor will never get the blame.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    5. Re:Virus writing is NOT evil.. by andr0meda · · Score: 1



      Anyway, you have an entire industry supported by virus writers. Antivirus, just like you have an entire industry supported by crooks and robers, the police. The larger effect from virus writers isn't going to be larger penetration of OSS anti-virus and anti-spam, it's going to be more freedoms lost because the majority of people don't understand how computers work and will ask for laws to protect them, and their IT people who are telling them it's partly the vendor's fault they were infected are just extremeists and the vendor will never get the blame.


      Yay! Somebody gets it! :) Wohoo!

      --
      With great power comes great electricity bills.
  78. He was not responsible. by CountBrass · · Score: 2, Interesting

    Would you imprison a two year old for, well, anything? Why not? Of course because they are incapable of realising that if they stick a hairpin into a power outlet (ie "investigating their world" aka "trying shit out") they might start a fire that burns down their house.

    Similarly teenagers are literally incapable of realising that there are consequences to their actions- the part of the brain required to do so simply does not develop until they are in their early twenties. Simple. Scientific. Fact. They might look like adults but they do not think like adults.

    Now, how about this lynch mob turn around and go home.

    --
    Bad analogies are like waxing a monkey with a rainbow.
    1. Re:He was not responsible. by JuggleGeek · · Score: 2, Informative
      Similarly teenagers are literally incapable of realising that there are consequences to their actions

      If they don't, then it's damn time they started learning.

      I knew there were consequences to my actions long before I was his age. In times past, men married much younger than we do in the USA today - and dealt with the fact that they had to be an adult earlier. The idea that you can do anyting you want (shoot people, steal, write viruses, whatver) until you are 25 (or 30 or 40 or 50 - it always seems to rise) just leads more and more people into arguing "I was yound, so it's OK". You know what? When the kids at Colombine shot other kids, I didn't blame the gun manufacturer, I blamed the kids. Telling me "They were young" doesn't take the blame away from them - they did it.

      Kids need to learn that lesson, and saying "It's OK, they were young" doesn't take the problem away, or convince other kids that *they* should be responsible.

    2. Re:He was not responsible. by Watcher · · Score: 1

      Amen to that, and then some. I can't believe for a moment he wasn't aware of the consequences, at least to others. Hell, I and my friends were very aware of these kinds of things in middle school. I don't buy this claim that someone who does something before the age of 18 doesn't have to pay for it in. I'm OK with lighter penalties, sometimes a warning is all you need to set someone straight, but I'm not in favor of just letting them off for "being a kid". Two kids (12 & 13 years old) nearly killed me and 30 others when they doused our apartment building with gasoline and set it afire-and I don't believe for a moment they didn't at least know what the consequences would be of their actions.

  79. Not good by andr0meda · · Score: 1


    A) The idiot didn't even write the virus, the real author will write another just to please you.

    B) Catching people who write virusses and sentencing them away does not stop others from writing virusses.

    C) Writing a virus that takes advantage of security leaks is like journalism, it gets the word out on a defunct security system. It is GOOD that virusses exist, because companies will sell anything to anyone without true user rights and security issue considerations otherwise. It protects us from blind market driven comformancy, and informs users what the dangers are when they trust their machines and the software on it blindly.

    D) Virusses create jobs. Lots of jobs.

    --
    With great power comes great electricity bills.
    1. Re:Not good by Anonymous Coward · · Score: 0

      catching a murderer doesnt stop someone else from murdering.

      whta the fuck is your point?

  80. Yeah and? Stupid criminals go to jail. Old story by SmallFurryCreature · · Score: 4, Interesting
    Sorry but am I supposed to feel sorry for this guy? Well okay, I believe that society should show the compassion to criminals that the criminals showed to their victims. So lets see. If he made the virus easy to remove and totally harmless then lets give him an easy and painless sentence like cleaning the toilets for a couple of months for no pay.

    but he didn't did he, he showed no compassion for his victims so why should we show him? He wanted to play with the big boys, cause discomfort to countless people, be the though guy. Well now he can be though in jail. Something tells me he is going to be crying for his mommy.

    I don't agree with many things american but the saying "if you can't do the time, don't do the crime" I can get behind. This guy was no victim of society. He was not a poor man stealing bread for his family. He was nothing more then a little punk who went around smashing peoples car, a thief stealing every bike around because he is to lazy to walk, a parasite.

    Sure he was an idiot but an idiot who deliberatly set out to cause other people harm. What do you suggest we do? Give him a 50 dollar penalty? Slap on the wrist? Then he will be boasting in seconds on the net on how the pigs couldn't touch him and his leet hacking skills brought down the net.

    No let him rot for a couple of months. I doubt it will send a message to other script kiddies but there is always the element of revenge. Ghandi may have a thing or two to say about revenge but Ghandi also left a country wich now has been at war for 50 yrs with itself and its neighbour. (tamils and pakistan)

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  81. Re:Do the crime, do the time... by DMUTPeregrine · · Score: 1

    if redistributing were against the law, we could catch so many more people, and get so many more damages... What about a worm that morphs itself, but very rarely, so that random loosers get blamed? And I do agree with the jail time here.

    --
    Not a sentence!
  82. Guilty by Anonymous Coward · · Score: 0

    Some people have argued here on Slashdot that he is not really more guilty for slightly modifying the worm and sending it out, than for knowingly sending out the worm unmodified. The second would be much harder to prove, but if you could prove it, I think it should carry a similar punishment to the first.

    Worms like this use up time from people's lives. They take over people's computers. That's not cool. His version of the worm was estimated to infect 48,000 computers; if you sentenced him to one minute in jail for each minute he wasted from someone's life, that could work out to a bunch of months. If you multiply the time as a penalty (like "triple damages"), you could get a longer sentence than the one he is facing.

    In my opinion, the fact that he denial-of-service attacked Windows Update makes the offense worse. Microsoft users really need to go to Windows Update to get the updates to defend themselves against attacks like the Blaster worm. He made it harder for them to do that, and he did it on purpose.

    As technology advances, it gets easier to automate things. It's easier now to send a message to all your friends, but it's easier now to spam strangers too. As automation increases, the ability to cause problems for strangers increases. It may seem disproportionate that he just sat in a chair and did a little bit of editing on a worm, and now he's facing all this jail time and financial penalties. You have to balance the damage his worm variant did, not how long it took him to write it, against the punishment.

    Some here on Slashdot have opined that the original Blaster author is the real villain, not this guy. They are both villains, and I don't think this guy should go free just because the original author has not been caught yet.

  83. My questions to /. by teamhasnoi · · Score: 2, Interesting
    Does he get a 'rebate' on the "phantom damages" for all the $$$ made by the sweep and clean operations, antivirus companies, and independent techs?

    Who is really to blame for this? People who run unsecured Windows installs, or the original worm writer? Is cyber-punk really getting a fair shake, when authorities have made it clear they are making an example out of him?

    What lawyer is going to let their client walk in to a courtroom dressed the way he was, and expect to sway the judge?

    Why is Microsoft not held liable for an OS full of exploits?

    Why are /.ers so angry at dumb cyber-dork and not angry at the company that makes the OS that makes these worms possible, or people that continue to use Outlook Express - when there are alternatives for both?

    Is it a /. thing that everyone who goes to prison should be raped? Is anal rape rehabilitation to /.ers?

    1. Re:My questions to /. by Watcher · · Score: 1

      Who is really to blame for this? People who run unsecured Windows installs, or the original worm writer?
      Why is it we're supposed to be more angry at the victim than at the criminal? If we tell the victim of violent crime "Its your fault for not locking the door.", its morally reprehensible at a minimum. Yet, when someone writes, or modifies as in this case, a worm and releases it in the wild with the full knowledge of the consequences, we see fit to blame the users of the operating system because it is somehow more acceptable to our vision of the world? Get it through your heads-doing this kind of thing is destructive and unacceptable, and you will pay a penalty. I don't see any more reason to hold this kid up as some kind of martyr than I do someone who happens to be the fifth person to loot a store during a riot. Just because he didn't create the virus does not make him somehow a victim-he made the changes, I doubt very much he's so clueless as to not know what the consequences of those changes are, and he released it in the wild.

      Is cyber-punk really getting a fair shake, when authorities have made it clear they are making an example out of him?
      Oh, come on-if as you imply cyber-punk means modifying and releasing malicious programs of any sort, then its getting a very fair shake. Stop caterwalling, this isn't the so-called glory days of Mitnick's imprisonment.

      Why is Microsoft not held liable for an OS full of exploits?
      Microsoft certainly is having their feet held to the fire by their customers over their security problems. Those that haven't abandoned windows for unix servers, that is.

      Why are /.ers so angry at dumb cyber-dork and not angry at the company that makes the OS that makes these worms possible, or people that continue to use Outlook Express - when there are alternatives for both?
      Why are we more angry at the guy who threw the brick than Glen Gary, the guys who made the brick that could be thrown through a window? Give me a break-if you can prove malicious intent or willful negligence on the part of Microsoft, great! Many of us are tired of the windows problems-that's why I use a firewall now, bought a mac, and have used Linux for a file server for the last half dozen years. However, the problems in their software do not excuse those who choose to exploit them-that's no better than saying "the window was open, so as angry as we are at the burglar, we're also angry at you, the home owner". Noone is making these people write viruses! They choose to do it. Got that?

  84. Your argument fails ... by GreenEggsAndHam · · Score: 3, Informative

    It's certain that moral values are learned differently by different people, depending on their genetic make-up and environment.

    By the age of 18 however, we have been consistently tutored into the meaning of right and wrong by our elders SPECIFICALLY to make up for the variations in individuals' ability to learn the concept of themselves.

    In fact, you don't learn right and wrong spontaneously, it's what society and family teach you.

    Your argument seems to say that no one should be held liable for their unwillingness to join society as one of its functional members. Well that's weird because it's when an individual breaches that contract that ... WE LOCK 'EM UP !!!!

    It's not like society just left people to their own devices and then will-nilly locked them up for random reasons.

    This guy knew perfectly well what he was doing.

    Take him down.

    1. Re:Your argument fails ... by CountBrass · · Score: 0, Flamebait

      I wonder what your excuse is for being an idiot. At least teenagers have the excuse that they're brains aren't finished yet (as I explained in my post- did you bother to read it?)

      --
      Bad analogies are like waxing a monkey with a rainbow.
    2. Re:Your argument fails ... by Anonymous Coward · · Score: 0

      Flamebait? What fuckwit moderator did that: what are you some kind of arse wipe cock sucker?

  85. if you steal a penny from everyone in the usa... by bani · · Score: 1

    ...it's no great loss to any one individual, but it still means you stole nearly $3 million.

    what he did is roughly equivalent. he's being punished accordingly.

  86. 100% agreed by bani · · Score: 0, Flamebait

    i say ban them from the internet 'till they're 21.

  87. federal # me in the @$$ by Anonymous Coward · · Score: 0

    Forgive me, but I hope this kid gets all the malice *pounded* out of him in prison. Bastard.

  88. ridiculous by ronaldyang · · Score: 0

    a reasonable punishment would be a ton of community service. this kid should not go to jail. 18 yrs may legally be a major, but by common sense, is not. This reeks of corporations trying to fudge their lame ass EPS's

  89. 5cr1pt k1dd135 can do that????? by essreenim · · Score: 1

    And then there's that lifelong 5cr1pt k1dd13 title. of course
    No 5cr1pt k1dd135 don't even know how to modify virii. They just download them and send them on somewhere else

  90. How does the money restitution thing work anyway? by fantomas · · Score: 1
    Excuse my ignorance, Old European here... :-)

    How does the Money restitution thing work in the USA anyway? we are always hearing on the media how somebody has been sued / fined 1 /10/ 100 million dollars for a crime. How does this work in reality? I'm guessing the 18 yr old in this case has a Saturday job in the local shop, maybe a job delivering newspapers, that sort of thing, few dollars an hour at most, annual income in the region of 5000 dollars if he's lucky. Do they set up some repayment plan over the next 30 years taking a percentage of his income, or what? or is it purely a nominal figure to impress the court and the media and they write it off as he obviously doesn't have 10 million in his piggy bank / teenage savings account?

  91. Re:This guy is an idiot an deserves everything he by Placido · · Score: 1

    Time to burn some Karma!!

    <rant>
    Why does it matter what clothes he was wearing?

    It matters because by dressing smartly he could reduce his sentance. If he's stubborn^H^H^H^H^Hpid enough to dress the way he wants then he's going to have to face the consequences of the way people interpret that look.

    What a world to live in when people judge you by the clothes you wear.

    I sympathise with the sentiment... actually scratch that, no I don't. Of course people judge other people by the way they look. Are you trying to tell me that you can't get clues from a person's appearance? If I see a skinhead wearing a football strip with many tattoos of their football club and a few scars then I DO NOT stop them to ask directions.
    You use your eyes to guide your judgements about life and people. Complaining when other people do the same is at best childish and at worst ignorant.

    Who are you going to ask for directions?
    This guy or this guy?

    Who would you rather date?
    Her or her?

    Him, him or him?

    Sorry. Had to throw that last one in.

    If you have a problem with your appearance then A) dress well and B) stay fit. That's all you need to do.
    </rant>

    --

    Pinky: "What are we going to do tomorrow night Brain?"
    Brain: "I would tell you Pinky but this 120 char limi
  92. Re:We as a society need to decide how to handle th by JuggleGeek · · Score: 1
    We need to rethink how we deal with this sort of headache so that we encourage kids not to mess with worms and stuff, without treating them worse than violent criminals. I don't have the answers, but I can't see how throwing the book at this kid is going to solve much.

    You seem to think that telling the other kids "He did it, cause trouble, on purpose, and we're just going to let it slide" is a good plan. I don't. I'm one of those guys that played with things - that's how I learned. (That's *still* how I learn.) But there is a lot of diffence between figuring out what you can do with a computer and intentionally causing problems with everyone elses that you can.

    I grew up around guns, too. Hunting, target shooting, that sort of thing. But if I took one of those same guns and started shooting at people, just 'cause I could, I should be arrested. This kid did the same thing - took what he had, and used it to screw up other people.

    I know how to do a lot of things. I could write something, turn it loose, and end up "owning" a lot of computers, which I could then use to run a DoS attack. Inovative? No, not really. Good for anyone? No, not really. Screw them up? yes, it would. Should I be punished if I did? Yes, I should. Neither shooting people "because you can" nor screwing up their computers "because you can" should be acceptable. If I did this, I should be punished.

    Him too. If you can't behave in a responsible manner, then you need to have your behavior controlled. Millions of dollars? He doesn't have it, so it's pointless to talk about it. Punishement? Sure, he deserves it.

  93. Re:This guy is an idiot an deserves everything he by Moraelin · · Score: 4, Insightful

    I'm such a geek. Normally I don't really give a damn about what people think of what I wear.

    (It's decent. I'm not wearing a crotchless S&M outfit to work, or anything. If anyone is fundamentally offended the sight of a clean pair of jeans, they're just stupid. And I have better things to do than worry about stupid people.)

    However, in this case we're talking a court of law. You don't want to piss off the judge who might, on a whim, give you a suspended sentence or community service or send you behind bars for a few years.

    You _don't_ want to look like an unrepentant "fuck you all" rebel to the judge. You don't want to look like you're damn proud of what you've done. (Which is the impression that such a "Big Daddy" t-shirt would have given even me.)

    I'm not even saying he should have worn a suit and tie or anything. But, you know, even if you're gonna wear a t-shirt, make it a plain one.

    I mean, geeze, wear that t-shirt to school. Wear it at a party. Wear it even to a job interview if you honestly don't give a damn about the outcome. But a court of law is more serious: unlike a job interview, you can't just try again somewhere else.

    Basically all I'm saying is that there's difference between not caring about stupid people, and _being_ the stupid one. Freakin' big difference.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  94. Bollocks by Moraelin · · Score: 1

    When I was in the teens, I also had the idea to make a virus. Mind you, back then it meant file or boot sector virus, not an exploit over TCP/IP. We're talking the 80s.

    Coding one was actually a very trivial exercise, and I like to think I did a fairly good assembly job of keeping it under 512 bytes, so it wouldn't be too obvious. It also worked.

    But here's the catch: even at that kind of age, I was perfectly able to know it was wrong. That virus was only tested and demonstrated to a couple of friends in a controlled non-networked environment, then destroyed. It also carried no malicious payload anyway.

    Teenager or not, I think everyone I knew was perfectly able to distinguish the moral difference betweem a "let's see how this works" exercise, and releasing a plague. Some of them might have thought it would be way cool to cause that harm, but I don't think anyone was incapable of discerning that it was wrong.

    And let's forget viruses. We trust teenagers with a lot of other stuff.

    E.g., depending on the country, you may be allowed to drive at 16 years old. You are trusted to drive a dangerous ton of metal, and not suddenly go running people over.

    E.g., in a lot of countries you can be conscripted at 18 years old. And then given an assault rifle and live ammo, and left alone with it for hours, guarding some corner of the compound. Someone incapable of discerning consequences would start shooting at people to pass the time away. But in practice they don't.

    So, well, gimme a break. If teenagers can be trusted with an assault rifle or a car, I do believe that an 18 year old is also very capable of understanding what a virus is.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  95. Airtight proof by Everleet · · Score: 1
    In other news, I've just discovered the author of W32/MyDoom-A. I'll be alerting the authorities to this new evidence shortly.
    Administrator, Domain
    domain.admin@sco.com
    The SCO Group
    355 S 520 W
    Suite 100
    Lindon, UT 84042
    US
    801-932-5800
    --
    It's tragic. Laugh.
  96. REPLY TO ALL by FunWithHeadlines · · Score: 1
    I've appreciated the responses I've gotten, but I want to clarify one thing and say another:

    Clarify: I did say what the kid did was wrong, and that society needs to do something to discourage this sort of thing from happening. I never said to give the kid a pass.

    Say: What's with all these analogies? He's been likened to an arsonist, someone who stabs another person, someone who shoots another person. Folks, those all involve dangerous situations with bodily harm and permanent, material loss. Sorry, but that's not what this kid did. An analogy for what this kid did might be to stand outside a business with a megaphone and create such a racket that no one can get work done until he is shut up. It cost that business time and money, but no building got burned down, no one got stabbed, no one got shot. It's a significant difference.

    1. Re:REPLY TO ALL by Anonymous Coward · · Score: 0
      Sorry, but that's not what this kid did. An analogy for what this kid did might be to stand outside a business with a megaphone and create such a racket that no one can get work done until he is shut up.
      No, not quite. As computers become ever more intertwined into every thing we do as human beings in a modern society, the damage done to computers becomes ever more serious a risk.

      Back in the day the Morris worm was merely a huge pain in the ass that caused zero work to be done at a dozen or so major universities and research institutions. Real loss? Merely some money, most of it supplied by the taxpayers.

      Imagine today if the Moris worm got loose in a hospital network, shutting down vital networks and overloading already overworked machines. Sure, all the folks on slashdot'll think was lost is some time for the administrators, and some money. But in reality people will have diagnoses delayed because the radiologist can't pull up the digital image of the x-ray, instead having to wait for interoffice mail to get the images to him. Thats just one example.

      Ultimately, criminal severity doesn't have much to do with real world harm, but a lot more to do with perceived moral wrongness. This is why there's manslaughter and first degree murder. What this kid did was on the order of first degree murder, because it showed willfull intent, especially since he modified a known highly virulent worm. He knew it was going to cause havoc, in fact he chose the target for the havoc.

      And really, the monetary to loss to those of us who have to deal with these worms time after time is a real thing. I know its hard to take these numbers seriously, but when you're actually on the front lines and see two or three days in a week completely wasted to dealing with the 92 thousand variations on the same piece of shit worm instead of being productive in rolling out new products or services to your paying customer base, then you realize these things suck.

    2. Re:REPLY TO ALL by FunWithHeadlines · · Score: 1

      Point taken, but in this case the kid is not being charged with causing hospital mix-ups or anything else that caused damage to human beings. He is being charged simply with time lost and time=money. That's why I used the analogy I did, one that causes annoyance and waste of time, but no one dies. No one died or got hurt here, at least not that the prosecutors said.

    3. Re:REPLY TO ALL by SnarfQuest · · Score: 1

      An analogy for what this kid did might be to stand outside a business with a megaphone and create such a racket that no one can get work done until he is shut up.

      Totally lousy analogy, necause when he stops yelling the problem is immediately gone with no effort on your part. That is NOT what he did.

      No, what he did is more like going into your business and pissing all over your computer. How would you like to use it without bothering to clean off his piss?

      So, he has wasted a lot of your day by requiring you to clean it off, and there are five other guys in the lobby waiting for a chance to pee on your computer.

      And now everyone is telling you not to be upset about those people urinating on your computer, that they are just "experimenting", and you have no reason for being mad, because no "real" damage has been done.

      Oh, while you were reading this, someone took a crap in your coffee cup. Enjoy your coffee, no "real" damage was done, right?

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    4. Re:REPLY TO ALL by FunWithHeadlines · · Score: 1
      Slow down, I never said not to be upset at what the kid did. I said from the beginning that what he did was wrong, he should be punished, that we want to discourage this sort of thing. Because I haven't suggested shooting the kid I'm getting these twisted accusations that I want to give the kid a pass. I don't. I just think that the approach being taken is not doing much good and we need to figure out a better societal deterrant.

      As for your pissing analogy, I agree, it's better than mine.

  97. Re:Virus writing is TOO evil.. by Royster · · Score: 1

    >> do *SO* NOT agree. A virus is a challenge to the system. It tests the system. If there were no virusses written, security would simply NOT exist.

    The values expressed by this post are so backward I don't know where to begin.

    Virus writers waste resources that could be put to other uses.

    Virus writers cause business interruptions.

    Virus writers contribute to the flood of spam.

    These are real, large costs. And they aren't even countered by "increased security". There's no such thing as absolute security. There's only "enough security". Virus raise the bar for everyone and all they are doing is fighting the viruses. It dosn't serve to block other security problems -- like confidential information beiung passed in plaintext.

    Reexamine the costs and benefits of virus writers. This kid brought real costs onto other people. That it was relatively easy to do dosen't exculpate him.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  98. Mixed feelings? You've got to be shitting me... by WIAKywbfatw · · Score: 1

    If he didn't cause the damage then who did? It was a virus that he had created, albeit one based on someone else's code, so who else is responsible for it?

    Pretending that he's not responsible for the damage his virus caused because it wasn't solely his own work is narrow-sighted. Suppose someone were to take a fairly harmless human virus, say chickenpox, and tweak it to turn it into a pandemic-level threat that kills anyone infected: would you argue that that person isn't responsible?

    Both cases involve taking a virus from the wild and engineering it to cause more destruction. Both should be treated accordingly.

    This kid knew the potential consequences of his actions. He isn't someone else's patsy, he's a smart individual who just didn't care about the damage he could cause. It's his crime, it should be his time.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  99. Re:Virus writing is TOO evil.. by PhilHibbs · · Score: 1
    Virus writers contribute to the flood of spam.
    I don't know where I stand on this arguement, but this one is backwards - spammers contribute to the flood of viruses.
  100. Re:Virus writing is TOO evil.. by andr0meda · · Score: 1


    No not backwards, just another view than the one everyone else has.

    And yes, the costs are large, devastatingly large, and real, and yes perfect security does not exist. Very annoying, and I hate *that* as much as you do. But if everything is so damn sensitive to breaches, why the hell are we trusting our corporations and institutions with that 'technology' in the first place? It is our job to make sure our kids are safe, our car is locked, our money is in a bank, and our borders are protected. Likewise, it is our job to make sure our digital data is safe, if not, reality is bound to make a wake-up call one way or the other.

    Virusses do not solve anything, but they raise red flags. They are the watchdogs of our digital civilisation. Of course that doesn't mean that we don't have to try to minimize the breaches wherever possible, in fact, that's the whole point. However, punishing people for spreading virusses is a reaction that is easy, brings brief relief to the community, and seems just because we invented a law for it. But does it solve anything? Of course not. Why kid ourselves any longer, lapping up the milk each time the can spills over?

    --
    With great power comes great electricity bills.
  101. Bandwidth Costs by l4m3z0r · · Score: 1
    Bandwidth costs come to mind as one of the most important wastes. When a company(or a person like me for that matter) pays for a internet pipe they expect it to be usable for legitimate business. So when their connection is overrun with virus traffic, the service they paid for is now slowed or broken.

    I think that virus writers should help pay for my cable modem and monthly service charges. Since they see fit to degrade the speed at which I can get internet content. Wouldn't you like a faster internet void of viruses?

    Its high time people start to wake up and get rid of the attitude that virus writers/hackers aren't really harming anybody. Or that they don't make companies lose money. Whether you want to admit it or not, virus writing/hacking is bad and costs $$ for companys and even for you or I.

  102. I can remember when... by Anonymous Coward · · Score: 0

    You actually had to:

    1) Physiaclly hurt someone.
    2) Steal something from someone (time didn't count)
    3) Pose a real-life hazard to the public.

    in order to get that much jail time.

    Funny how times change.

  103. Professional... by Anonymous Coward · · Score: 0

    Professionals are personally accountable all the way up the chain!

    I was administering big iron back in 1976. I administrate Unix servers now. When I read statements such as yours I can only think, "He's not talking about me, surely!" because I do believe that both the company that produces exploitable software and the exploiter should be held equally accountable. If that means that the board and technical staff of Microsoft responsible for the hole through which Blaster penetrated must go to jail, then so be it.

    Amen. Personal responsibility for the fall of Western Civilization and all that. Maybe their successors will be a little more careful.

  104. His Name... by Mephij · · Score: 1

    Is Robert Parson. His Name Is Robert Parson. His Name Is Robert Parson. His Name Is Robert Parson. .....

  105. At least he'll lose weight in jail. by Anonymous Coward · · Score: 0

    Seriously, as a fat guy I never imagined kids could be that fat. I mean, I had a tiny paunch at 18 but not a lipidic halo erupting from my face. I keep thinking that there are lots of other slightly-fat middle aged people now, when this kid is my age will his enormity be the new standard for regular fatness? Kevin Mitnick's fatness level was just right, but this kid takes the cake. And some donuts.

    You may be laughing, but this kid is the geek ambassador. Someone a lot thinner and better-looking needs to commit a higher-profile cybercrime, and soon. Why oh why was Adrian Lamo not a bigger story? Where's Jonny Lee Miller when you need him?! </gay>

  106. Adult vs teen brain by OlafW · · Score: 1

    Interesting article. I'm not sure I'm convinced, but definitely thought provoking. But if you think it through to its logical conclusion, what you are saying is that teen agers, even up to 18 years old, should not be held accountable for their actions, and that we, as society, should restrict/protect them. So Parsons' legal gardians should be going to jail?

  107. Re:Virus writing is TOO evil.. by Royster · · Score: 1

    They are, in some cases, the same people.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  108. Re:Virus writing is TOO evil.. by Royster · · Score: 1

    We use technology in our business becuase it makes the employees more productive. We do Internet commerce because it reduces the cost of getting product in front of purchasers and it makes the purchase easier for both. Software is a multiplier good which increases

    But, becuiase there are miscreants who wish to coopt the system to their own ends, we have to waste some of that productivity gain in fighting off the miscreants. And it's an ever accelerating battle.

    Secturity is not an end goal. It is a process. You can buy as much security as you can afford and still not be 100% protected from miscreants. Money spent of fighting spam and viruses is, by and large, wasted money.

    I just can't see how you can defend virus writers. It's vandalism pure and simple.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  109. Bitch Tits by kabrakan · · Score: 1

    His name was Robert Parson. His name was Robert Parson!

    --
    Slartibartfast:"Is that your robot?"
    Marvin:"No, I'm mine."
  110. No Sympathy by luwain · · Score: 1

    I have no sympathy for Robert Parsons. In my mind people who write viruses and release them are terrorists and should be treated accordingly. Hey, don't do the crime. I think he got off too lightly.

  111. Re:Yeah and? Stupid criminals go to jail. Old stor by foolip · · Score: 1

    An eye for an eye?

    I see it as absolutely pointless to revenge criminals -- it's an absurd thought that you can deserve to have harm done upon you because you harmed someone else. The only valid reasons for "punishment" there can be is to protect someone else and/or to rehabilitate.

    I believe "Society" (you and I) should show everyone compassion, including criminals, and we'll be better off for it.

  112. Re:Yeah and? Stupid criminals go to jail. Old stor by SpooForBrains · · Score: 1

    Dude, Tamils is Sri Lanka, and Pakistan wasn't Gandhi's fault, you can blame Mohammed Ali Jinnah for that one.

    --
    "The dew has clearly fallen with a particularly sickening thud this morning"
  113. Microsoft responsibility by thomasa · · Score: 1

    QUOTE
    We appreciate the fact that the defendant has accepted responsibility for the crime he committed," Microsoft deputy general counsel Nancy Anderson said Wednesday.
    UNQUOTE

    I believe that Microsoft has to bare some of the
    responsibilty for this too. It was their bad
    software that made it possible.

  114. This kid is in for it by Anonymous Coward · · Score: 0

    What a fat bitch. His rolls will ripple and jiggle with each thrust of bubba's cock. He's gonna get in touch with his feminine side real quick. By the time he's released, he'll be able to suck a golf ball through a garden hose, and his sphincter will be big enough to hide a VW bug.

  115. Re:Yeah and? Stupid criminals go to jail. Old stor by The+Only+Druid · · Score: 2, Insightful

    What you're doing here is just being contrarian. Its always been agreed by philosophers that revenge was as potentially valid a reason for punishment as rehabilitation or protection. The reason for picking one over the other two (and of course, you needn't only pick one) is always going to be your larger overarching ethos.

    You simply assume that revenge is an invalid reason, without providing any argument thereof. Worse, you call it 'absurd' to believe in vengeance, almost definately creating an ad hominem argument since you [again] haven't provided an argument.

    You want a valid reason for vengeance? One is that it can be preventative, i.e. a deterrant. Obviously it cannot be in one-hundred-percent of the cases, but thats why most justice systems are hybrids [of two or three of the purposes for punishment]. Want another reason? Vengeance is capitalist: it suggests that there is a value to all things, i.e. goods and services including people and property, and that you are responsible for making retribution to the value you take from someone: if you take their hand, you deserve to pay the price you unfairly exacted from them. No one suggests that it makes everything 'even' or 'square', but rather helps appease the pain of loss for your victim[s]. Want still another? In some cases [such as literally plucking an eye out, removing a hand, or killing the criminal], the vengeance may accomplish one or both of the other goals [protection or rehabilitation] by preventing the criminal from even being capable of recommitting the crime.

    Here's the thing: I'm not advocating vengeance as a purpose in justice, but rather suggesting that it is no where near as cut and dry as you want to believe.

    --
    "Stumble before you crawl"
  116. i cant see giving him 3 years by black_13 · · Score: 1

    i cant see giving him 3 years of jail time for this. how much time has ken lay served? or jeff skillling.

    1. Re:i cant see giving him 3 years by Anonymous Coward · · Score: 0

      Those two haven't been to court, yet.
      Their time will come.

  117. His name.... by dspisak · · Score: 1

    is Robert Parson.

    (chorous) His name is Robert Parson.

    Looks like another member of Project Mayhem has died.

    1. Re:His name.... by Anonymous Coward · · Score: 0

      Paulson , not Parson.

  118. Re:We as a society need to decide how to handle th by aardvarkjoe · · Score: 1
    Now come on, that's not really a valid reason to send people to jail is it?
    Er -- yes, it is. Are you really prepared to say that nobody should ever go to jail for vandalism, arson, theft, embezzlement, or any other crime that results in loss of money or time?

    And you're misinterpreting the meaning of the research you're referring to. (I've studied some of it before; that article is rather misleading.) Yes, an 18-year-old kid does not think in exactly the same way as an adult. That does not mean that he can't think about consequences, and it certainly does not mean that he bears no responsibility for his actions.

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  119. Re:Yeah and? Stupid criminals go to jail. Old stor by Lost+Engineer · · Score: 1

    Ethos, true. Doesn't it make sense though to maximize the benefit to society, if we're going to spend all this time/money/effort to punish people. Revenge maximizes the benefit to no one, whereas rehabilitation reduces the chances that this person will do it again. Revenge merely perpetuates the cycle of violence, on all levels, personal and society. In fact, you're living in a society (I'm assuming USA which I prolly shouldn't) dealing with the consequences of revenge punishment. These are prisons filled to the brim with nonviolent offenders and the almost inevitable return to crime of those who emerge.

  120. Give him a slap on the wrist by Anonymous Coward · · Score: 0

    Since he didn't do major personal damage to people, I'm all for giving him a slap on the wrist ... by each of the people who had to clean up his unwanted crap on his computer.

    Each of us has a limited life. These dorks steal that time. Now if we had a machine that could age him a few hours for the time he stole from each person, would he still be alive?

    Ditto for the spammers and spyware writers.

  121. DWD (Driving While Dark) by lysium · · Score: 1
    What a world to live in when people judge you by the clothes you wear.

    It is much worse in America. This is a country that is obsessed with appearances, uniforms.....group identity.

    A few years back, a wealthy Hispanic friend was given a used Porsche for his birthday. Whenever he used the car, he dressed in slacks, oxford shirt, and tie. His normal look was skater-geek, and wearing that typically resulted in him being pulled over and grilled on suspicion of car theft. Dressing well lessened, but did not halt, such police attention. He received more than the usual share of tickets on top of it.

    --
    Together, we will drive the rats from the tundra.
    1. Re:DWD (Driving While Dark) by Anonymous Coward · · Score: 0

      He received more than the usual share of tickets on top of it.

      More than 0, you mean?

  122. Re:Virus writing is TOO evil.. by andr0meda · · Score: 1



    But, becuiase there are miscreants who wish to coopt the system to their own ends, we have to waste some of that productivity gain in fighting off the miscreants. And it's an ever accelerating battle.

    Secturity is not an end goal. It is a process. You can buy as much security as you can afford and still not be 100% protected from miscreants. Money spent of fighting spam and viruses is, by and large, wasted money.

    I just can't see how you can defend virus writers. It's vandalism pure and simple.


    That's all very well and very true, but at the end of the day, your systems, secured or not, are going to get attacked by malicious persons. Instead of simply waiting for the court, police, justice dept, brother in law or the local mob to spend their energy into the bottomless pit of chasing the bad guy (tm), which as a matter of fact is also payed by your corporation, your emplyees, the coffee-lady and her dog, why not invest in making it less possible to get attacked in the first place? Your corporation should be able to trust the 'guaranteed safety' when using a solution, and that trust should be earned by the one delivering the software/hardware. On a construction yard, you don't use a crane that is not sufficiently safe for the workers to work with, and you don't want that crane tipping over on the construction you're completing.

    If I declare it illegal for cats to walk onto my lawn and poo between the plants, does that prevent cats from messing on it? No. Do i need to kill the cat to solve that problem? No. Do I need to keep the cat in my cellar? Maybe, if you're cold blooded. Can I prevent that the cat returns by using special anti-cat sticks between the plants? Yes.

    [Mental note: The cat will go somewhere else instead..]

    One small thing: I'm not defending virus writers. I'm saying virusses are good because they sound the alarm when it comes to security. They keep people on their toes, and they raise the level of awareness about digital security. I think that's good, not because I want everybody paranoid, but because I'm fond of my personal privacy, and I think most other people are too, and I'd like us all to enjoy that as much and as long as possible.

    --
    With great power comes great electricity bills.
  123. Legal Angle? by MECC · · Score: 1

    Does it bother anyone that he may have to pay damages that can't be clearly calculated, but rather are guessed at? Most business don't cost employee's time in project proposals, since those costs are considered 'soft'. Yet, when it comes to court damages, suddenly those costs are 'hard'.

    --
    "We are all geniuses when we dream"
    - E.M. Cioran
  124. Re:if you steal a penny from everyone in the usa.. by Daagar · · Score: 1

    Yeah, but good luck getting those millions of pennies cashed in

  125. 5cr1pt k1dd13 by dinog · · Score: 1
    Life-long 5cr1pt k1dd13 title ?

    No ! Not that, anything but that !

    Surely this would be considered a cruel and unusual punishment by any standard.

    Dean G.

  126. Re:Yeah and? Stupid criminals go to jail. Old stor by Oddster · · Score: 1

    While I am in agreement with you that the Blaster variant creator should have to do the time, there are several problems with your argument:

    1) We live in a democracy here in the US, with an independent judiciary. The basic purposes of an independent judiciary dates back to Locke and Voltaire, writers fresh in the minds of the Constitution's Framers. The purpose in point is that revenge is an unacceptable goal in punishment - this is why the victim does not dictate penalties. The purpose of incarceration is to a) protect society and b) force the perpetrator to think about his/her actions.

    2) India is not at war with the Tamils. Sri Lanka, an independent island nation, is at war with Sri Lankan Tamil rebels. Indian Tamils, from the province of Tamil-Nadu, are not at war with the Indian government.

    3) India has never sought revenge against Pakistan (they have never crossed the border), and that is probably the reason the two nations have not gone to nuclear war.

    An eye for an eye leaves the whole world blind.

  127. Too bad by g0bshiTe · · Score: 1

    He wasted his talent and I use that term loosely on rewriting virii. I think a better solution is keep him out of the overcrowded system, and put his ass to work pouring over hours of logs doing forensic analysis for companies. Otherwise keep his ass of a computer for the rest of his life.

    As for phantom damages, they don't expect these people to pay that, take Mitnick for example what was it 80 to 800 million? At $300 a month it would take him roughly 222 thousand years to pay back.

    If I were Mitnick I'd say FUCK YOU bill me.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  128. Re:This guy is an idiot an deserves everything he by brarrr · · Score: 1

    The t-shirt thing w/ big daddy was what he wore on the day he was arraigned - several months ago. As in it's what he was wearing the day they picked him up, so you can't fault him for wearing that to court (although you're welcome to fault him for just wearing it out in public).

    Yesterday he was in an ill-fitting suit, having watched it on the news here in seattle, and had 'normal' hair. Still looked like a tool but certainly was showing respect to the court.

    --
    to email me: take my /. handle and append .net preceded by charter.
  129. And Justice For All! by sciop101 · · Score: 0

    Robert Morris, Jr. sold his company (Viaweb) to Yahoo! for $50 Million and is a professor at MIT. Also, first worm writer, and first person to be indicted under the Computer Abuse and Fraud Act of 1986.

    Mitnick has his name on old t-shirts and faded bumper stickers.

    --
    The only thing new in this world is the history that you don't know.[Harry Truman]
  130. Re:We as a society need to decide how to handle th by poot_rootbeer · · Score: 1

    He took a worm and modified it and released it. That's not much different in spirit from what many of us did at his age, playing with tech, poking at it, learning how things work.

    Except for the whole "released it" part.

    Some of us may have built potato cannons when we were young, too, and there's certainly a legitimate educational experience to be found there. But if we used those cannons to smash the windows out of automobiles, that wouldn't be educational, it would be destructive and meritless.

    There's a line where curious tinkering becomes malicious activity, and the kid crossed it.

  131. Re:Yeah and? Stupid criminals go to jail. Old stor by Seedy2 · · Score: 1

    Really, it should not be a question of revenge, but one of punishment. Crimes are, mostly, crimes for a reason. Criminals should be punished in accordance with their crime. The idea of cruel or unusual punishment should ALWAYS be taken in context with the crime.
    Jails should not have free luxuries like TV.
    Prisoners should HAVE to work for their keep.
    Does anyone have any proof that anyone has ever been rehabilitated? Really?

    Enough buttons pushed yet? :)

    Seriously though, most people who say they are sorry are only sorry they've been caught. As soon as you look away they will go one doing whatever they want. For many people no amount of punishment will change them, for many punishment makes them (try to be) more careful. Some people turn to crime because they don't think there is any other way, these are the ones that can be helped, given another way. The rest are just psychopaths, too bad we have no place to exile them to.

    --
    Nothing to say here... move along
  132. Re:We as a society need to decide how to handle th by Rudeboy777 · · Score: 1

    I see from your response that this comment isn't a decent troll which was my first thought.

    If the accused wanted to "play" with the worm, he could have just seen what it did on his own network. But by releasing it in the wild, he was knowingly putting something out there to cause others grief. The arson analogies are a bit much but the potato gun one is a good one. Most of us did spend a lot of time with Lego and 500 in 1 kits but we didn't put them to destructive use, nor would (most of us) ever consider it.

    I have a few rootkits I have salvaged from compromised Linux systems and they are interesting to analyze but I sure as hell am not going to use it on someone else's machine.

    --

    From hell's heart I fstab at /dev/hdc

  133. two kids by bani · · Score: 1

    hopefully did prison terms.

    1. Re:two kids by Watcher · · Score: 1

      I wish I knew, the apartment complex owners didn't tell us much. Part of the reason why everyone moved out as soon as they could find better living conditions. I expect they ended up in a juvinile prison for awhile, though-too many people in danger not to.

  134. wannabe by Anonymous Coward · · Score: 0

    i went to high scool with the guy and he's not even a decent programmer, but just some wannabe geek who wrote a check his tush couldn't cash. he really shouldn't be getting a lot of jail time.

  135. Software liability by po8 · · Score: 1

    (IANAL.)

    Who gets sued when damages come as a result of security flaws in open source software (and yes, such flaws do exist)?

    The author of the software, of course. For most open source software, this would effectively prevent a lawsuit, since most open source developers don't have deep enough pockets to make it worth the trouble. For the stuff written by e.g. IBM, though, you bet they'd have to be careful. (Note that the proposal is really to allow consumers to sue over gross negligence, not just the existence of a security flaw.)

    In reality of course, most software comes with disclaimers saying the company is not liable for such damages, so this whole issue is moot.

    In reality, the legal status of such disclaimers tends to be highly questionable. I can put a disclaimer on my Happy Fun Ball (TM) saying I'm not responsible if it explodes and kills your kid: trust me that this isn't lawsuit-proofing. There are many kinds of liability that cannot be disclaimed. The principal reason for such disclaimers is to discourage licensees from suing, not to protect the licensor from judgement.

  136. Many "industry" programmers used to be crackers by Anonymous Coward · · Score: 0

    I feel sorry for the guy. Yes he's not very mature...

    But many of the people I know working for Sony, Microsoft, Ernst & Young, banks, BASF, etc cracked games in the old days. They learnt their skills that way and now they program much better than those that only went through university. You learn by playing, and computers were our playground.

    Now the playground is full of people carving it up "my patent", "my copyright", "my IT infrastructure", wanting to own it and not allowing those that made it to continue exploring it.

  137. Re:Yeah and? Stupid criminals go to jail. Old stor by DM9290 · · Score: 2, Interesting


    What you're doing here is just being contrarian. Its always been agreed by philosophers that revenge was as potentially valid a reason for punishment as rehabilitation or protection.


    Just out of curiousity. Which philophers argue that revenge is a valid reason for punishment? I would argue against those philosophers as I will argue now against you.


    You simply assume that revenge is an invalid reason, without providing any argument thereof. Worse, you call it 'absurd' to believe in vengeance, almost definately creating an ad hominem argument since you [again] haven't provided an argument.


    Dismissing an argument by simply labeling it ad hominem then name-calling the arguer as being "simply contrarian" is an ad hominem argument itself, and far worse, it is ad personum.

    The fact that revenge is absurd is easy to establish. And obvious to anyone with any sense or intelligence beyond the preschool level. No. It is "you" who are simply being contrarian. You are arguing a position that you could not possibly believe in.

    Furthermore, you are using argumentum ad vericundiam by deferring to the authority of the 'philosophers'. Philosophers you do not even bother to identify. Philosophers which obviously do not exist, unless they are as contrarian and senseless as you. Your reliance on the authority of these so called philosophers isn't going to fool anyone.


    You want a valid reason for vengeance? One is that it can be preventative, i.e. a deterrant. Obviously it cannot be in one-hundred-percent of the cases, but thats why most justice systems are hybrids [of two or three of the purposes for punishment].


    But "deterrence" is already one of the stated purposes for punishment. Therefore courts are free to apply whatever remedy will accomplish deterrence. This may include causing reasonable harm to the convict, that can be justified by the benefit of the deterrence.

    Because the court is already free to achieve as much deterrance as it deems to be justified, the kind of revenge you must be advocating, is the kind of revenge that actually does not provide deterrence.

    Want another reason? Vengeance is capitalist: it suggests that there is a value to all things, i.e. goods and services including people and property, and that you are responsible for making retribution to the value you take from someone: if you take their hand, you deserve to pay the price you unfairly exacted from them.

    Clearly you must agree therefore that revenge has no place in a socially just society, as capitalism has absolutely nothing to do with justice.

    But even though you agree that revenge is not appropriate in a just society, your argument does not favour revenge in a capitalist society.

    The victim gets nothing of any worth of the revenge. No capital. Furthermore, your premise that a principle of capitalism is 'making retribution to the value you take from someone' is utter nonsense. The principle of capitalism is making MORE than the value you take from someone, or in the alternative paying less. Buy low... sell high. No capitalist would invest money in an enterprise, if their only hope was to get exactly the same amount of money in return. They could just hang on to their money and make the same return.

    No. It is CRIME which is capitalist. And it is CRIME that you are advocating when you advocate revenge.

    No one suggests that it makes everything 'even' or 'square', but rather helps appease the pain of loss for your victim[s].

    only if your victims are sadists or cruel.

    However, when you are on the topic of appeasing the urges of the cruel and the sadistic: couldn't giving the victims a 'free pass' to commit murder and mayhem also appease such urges? Why is it better to inflict unjustified harm on the criminal, rather than on the innocent? That is.. if appeasement (rather than actual justice) is your only argument in favour of revenge.

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  138. Who really made it is the question by Anonymous Coward · · Score: 0

    We got our man sergeant!! Move along folks.. Nothing to see here.

  139. Re:Yeah and? Stupid criminals go to jail. Old stor by The+Only+Druid · · Score: 2, Insightful

    "Just out of curiousity. Which philophers argue that revenge is a valid reason for punishment? I would argue against those philosophers as I will argue now against you."

    Offhand, I can name a few. Plato, Draco, Hamurabi and others. The pragmatists (incl. many utilitarians) such as Mill also discussed such a possibility [as vengeance being appropriate], and accepted if there could be a demonstrated increase in utility due to the vengeance. If the vengeance accomplishes deterrance, as I suggested, then it would be acceptable.

    "Dismissing an argument by simply labeling it ad hominem then name-calling the arguer as being "simply contrarian" is an ad hominem argument itself, and far worse, it is ad personum."

    You're completely wrong, and clearly don't understand the words you're using for several reasons: first, the phrase 'ad hominem' is an argumentative term and one of the most dangerous logical fallacies. It refers to when you attack the person without addressing the argument, which is meaningless since an argument stands on its own merits, not that of the person giving it. Second, 'ad personum' is not a phrase with similar meaning: ad personum means "on a personal basis" and refers to the method by which you determine whether someone violated a rule. Try looking up things you don't understand before using them in arguments. Third, when I called the poster "contrarian" I was not suggesting that was a flaw in the argument, but rather commenting on the apparent motivations of the person. My disagreement with their stance was based solely on my logical points.

    I'm not going to bother with the rest of your points, since I don't feel any of them are anything but repetition of your claim that revenge is automatically bad. I will however mention that you again misuse a few terms: "prima facae" means "on first glance" or "without analysis", and refers to problems with a hypothesis (or claim) that are apparent without any discussion. In other words, they're points that can be made immediately, without argumentation, from the initial claim. In the way you use it, following two argumentative steps, its innapropriate. Further, you misuse the terms "cruel" and "sadistic": the former is an adjective/adverb which primarily refers to people/behaviors which are defined by a purely malicious character, while the latter is an adjective/adverb referring to people/behaviors which are defined by the character of enjoying the unrighteous suffering of others. You misuse them in the following way: a victim inflicting revenge is being neither cruel (since the revenge is not malicious, but rather extracting fair payment and punishment) nor sadistic (since, again, there is no malicious or unrighteous behavior).

    --
    "Stumble before you crawl"
  140. Re:Virus writing is TOO evil.. by Royster · · Score: 1

    Viruses are like graffiti. There are people who admire some graffiti for its artistic merit. But when I sit on a subway train and I'm faced with someone's tag, my day is not improved.

    Virus are vandalism. It's wrong to write and release them. The people who do so should be punished.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  141. Big and Bad? by Anonymous Coward · · Score: 0

    We'll see how "Big & Bad" he feels after he's been ass-reamed numerous times in jail by someone who actually is.

  142. Re:This guy is an idiot an deserves everything he by Anonymous Coward · · Score: 0

    Like you said if you have a problem with your appearance? What about me as a young black man except for the glasses no geekness to him. Yet if I wear the same football jersey any other fan would with some baggy jeans (not too baggy and not sagging) and im walking into work to check my schedule and a few elderly women my clutch there purse just a bit more or change there mind about leaving the cat door unlocked as I walk by. I am nowhere being entirely menacing or anything and get along with everyone that knows me but what sombody thinks they see often lead to fale judgements. Like an Iranian friend of mine, nobody seems to be able to tell the diff between sombody of iranian and afghani descent and he gets some stairs and is given a hard time every so often. But as you say I should stop my complaining because my ignorance of the social norm is clouding my judgement.

  143. Re:How does the money restitution thing work anywa by Anonymous Coward · · Score: 0
    (Disclaimer: I am not a lawyer and this is not legal advice. I don't even know why people have to put this disclaimer up.)

    I believe the amount and methods of payback are mostly up to the judge. Two common methods are to seize property (attachment) and to take a percentage out of a paycheck (wage garnishment).

    The court is generally careful to work out a payment scheme that doesn't ruin the guilty party, but sometimes restitution is too strict and sometimes it is not enough. I don't think they expect this guy to be able to pay millions, so "full" restitution would almost certainly be some money here and there that doesn't at the end add up to the full amount but is enough to negatively affect his lifestyle.

    He's pleading guilty, which means he almost certainly can't appeal and get another trial and judgement (although I think there might be the slim possibility if he argued his legal counsel was ineffective). I don't know if there are circumstances in which the court could later forgive him part of his restitution/fine, or how likely that is to occur. He can't escape the restitution/fine by filing bankruptcy in the future.

  144. Re:Virus writing is TOO evil.. by andr0meda · · Score: 1



    Viruses are like graffiti. There are people who admire some graffiti for its artistic merit. But when I sit on a subway train and I'm faced with someone's tag, my day is not improved.

    Virus are vandalism. It's wrong to write and release them. The people who do so should be punished.


    Ok, every man his own beliefs, brother.

    Peace.

    --
    With great power comes great electricity bills.
  145. I didn't insult you or use profanity by GreenEggsAndHam · · Score: 1

    you need to grow up, no surprise that you write the drivel you do.

  146. Re:Yeah and? Stupid criminals go to jail. Old stor by DM9290 · · Score: 1

    You're completely wrong, and clearly don't understand the words you're using for several reasons: first, the phrase 'ad hominem' is an argumentative term and one of the most dangerous logical fallacies. It refers to when you attack the person without addressing the argument, which is meaningless since an argument stands on its own merits, not that of the person giving it. Second, 'ad personum' is not a phrase with similar meaning: ad personum means "on a personal basis" and refers to the method by which you determine whether someone violated a rule. Try looking up things you don't understand before using them in arguments. Third, when I called the poster "contrarian" I was not suggesting that was a flaw in the argument, but rather commenting on the apparent motivations of the person. My disagreement with their stance was based solely on my logical points.

    Have you ever heard of the story of the trolls who were planning to eat the hobbits. They argued about how to do it for so long that the sun came up, and the trolls were reified. I am trying to find your argument but it seems to be lost in all the words.

    'ad personum' is not a phrase with similar meaning: [as ad hominem]

    I didn't say it was. You are generalizing my argument beyond its original scope.

    An argument can suffer from both fallacies. And yours did.

    Third, when I called the poster "contrarian" I was not suggesting that was a flaw in the argument, but rather commenting on the apparent motivations of the person.

    So now you are arguing that in fact, what you were doing was making an irrelevant personal remark rather than actually attacking the argument? What logical fallacy is more "dangerous"?

    Moreover he did give an argument in support of his contention. compassion.

    Try looking up things you don't understand before using them in arguments.

    Before I rely on any of your points in any future argument I will certainly "try" looking them up. However, I don't suspect I'll find them. They make no sense.

    I'm not going to bother with the rest of your points, since I don't feel any of them are anything but repetition of your claim that revenge is automatically bad.

    I claimed no such thing. You are incredible.

    I will however mention that you again misuse a few terms:

    No I don't.

    "prima facae" means "on first glance" or "without analysis",

    That is how I used it.

    ...and refers to problems with a hypothesis (or
    claim) that are apparent without any discussion. In other words, they're points that can be made immediately, without argumentation, from the initial claim.


    You seem to be arguing that Prima facae means, "at no glance" or "without logic". It doesn't.
    It simply is a threshold of proof which precludes any analysis which would require a weighing of evidence.

    Your literal translation although fine, still leaves your explanation wrong.

    To say that "The act of revenge is moral in a general case" is prima facae wrong because "on first glance" and without a "weighing" of any facts pertinant to a specific case, and accepting all the arguments, which are not self contradictory or irrelevant or logically false, one will conclude the act is wrong.

    Prima Facae does not mean universally true. Just because I say revenge is prima facae wrong, it does not mean that I am claiming that in particular cases after a full analysis, on a second (or third or 10th) glance, revenge can not ultimately be proven to be good.

    I believe revenge will not be proven to be good, however I argue that the onus is not on me to prove this.

    In the way you use it, following two argumentative steps, its innapropriate.

    Without weighing any of the specific considerations, one can prove revenge is prima facae wrong. If that can be done (and it was), the onus would be on the proponent to argue for it. Not the other way aroun

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  147. Re:Yeah and? Stupid criminals go to jail. Old stor by foolip · · Score: 1

    What a contrarian is I don't know, but all the google hits seem to have something to do with investment and capital. Perhaps revenge could be argued against on contrarian grounds, but since I have made no real arguments -- only claims -- I don't see why you say that.

    You're absolutely right, I give no arguments against revenge. I can't see that calling the idea absurd really consitutes an ad hominem argument since I have not said anything about the person making the orginal claim. Let me instead turn to my reasons for opposing revenge.

    Definition. By revenge I mean an action which harms the reciever, and the reciever deserves to be harmed. Perhaps my definition of revenge does not fit all the actions which someone might say is revenge, but for purposes of this discussion, I need a word to describe the action of harming because harm is deserved.

    What I should actually do is claim that revenge cannot exist, since I believe that harm cannot be deserved. Unfortunately for me, this belief is unprovable unless all possible arguments to the contrary can be anticipated and falsified. An example will shine some light on why I hold this belief.

    If someone takes your bike you may rightfully take it back. Not because the taker deserves to be harmed (by having the bike taken away), but because you have a right to your bike (here making the assumption that there is some sort of property right and that in this case it is not displaced by a more fundamental right). As far as I can see, taking the bike from the taker only makes sense if it restores the bike to you. There are of course limits to this (e.g. if the taker faces great harm (death, starvation or similar) when you take the bike back then you must not do so). Taking revenge on the taker after the bike has been restored to you only makes sense (by my definition) if further harm is deserved. The burden of proof should lie on (s)he who claims that harm is deserved in this or any other case.

    I have not claimed that harming criminals can never be morally right, but rather that revenge -- doing harm because harm is deserved -- is impossible because harm cannot be deserved. Your reasons for vengeance (which I must read as punishment so as not to equate it with revenge) may or may not give support for punishment, but they do not show that harm can be deserved (and of course I couldn't ask that they do since it I did not define exactly what I mean by revenge in my original posting).

    Although not of any moral relevance, I see "eye for eye" as savage and somewhat childish. If the desire to retaliate and getting some satisfaction (peace of mind) from it is a natural part of a human psyche, I really do think that it should be supressed to the fullest extent possible. More morally relevant: assuming a moral of rights, it cannot be just to violate a criminals right to life and liberty to satisfy the victims right to peace of mind, because if such a right exits I am almost certain it is of a lower standing that the right to life and liberty. On utilitarian grounds I don't doubt that such treatment could be right (or even a duty) if there are enough people who derive satisfaction from seeing the criminal punished. The debate is endless (well not really) and it is not the question I am really concerned about.

    In any eveny, it is true that the question at hand is not "cut and dry", and I thank you for pointing this out.

  148. Re:Yeah and? Stupid criminals go to jail. by 2TecTom · · Score: 1

    I'll assume you meant, "deterrent" and, furthermore, I'll assume you've never done anything despite "deterrents".

    Actually, it's an old argument and one that has been clearly shown to be relatively valueless. It's commonly known as "the carrot or the stick." For a clear example of the uselessness of the stick method, simply imagine two schools, one uses carrots, the other sticks. Which would you send your child to?

    By the way, in my personal experience and humble opinion, vengeance and violence are only used by those who are simply too incompetent to adopt a more mature and responsible methodology.

    On this note, to me it seems commonsensical that responsibility for crimes by juveniles should be visited upon the juvenile and their guardians. No?

    --
    Words to men, as air to birds.
  149. Re:This guy is an idiot an deserves everything he by Placido · · Score: 1

    I am nowhere being entirely menacing or anything and get along with everyone that knows me but what som[e]body thinks they see often lead to fal[s]e judgements.

    The judgment on your appearance is not going to be consistent across races, cultures and age. For every granny that locks her cat door there's a young kid who thinks you're cool. Who are you trying to impress? The grannies, the ladies, the guys or the kids? Your social group or, in the case of the MORON who got locked up, the judge sentancing you.

    But as you say I should stop my complaining because my ignorance of the social norm is clouding my judgement.

    Stop complaining because it's not something you can fix by whining about it. Dress smartly, don't look like a fricking thief and ignore the assholes who judge on skin colour.

    Sorry but as a white guy whose lived on an island where 99% of the population is black/indian I get prejudice based on my skin colour too. I don't whine so get on with your life. If you pay attention to racists you give them credence.

    --

    Pinky: "What are we going to do tomorrow night Brain?"
    Brain: "I would tell you Pinky but this 120 char limi
  150. Re:We as a society need to decide how to handle th by FunWithHeadlines · · Score: 1

    No, I wasn't trolling, I was quite serious. The problem with being thoughtful and introspective at a time when the crowd wants blood is you get picked apart as being "too soft." I said the kid did wrong and it needs to be stopped. All I meant is that the approach the feds have been taking isn't working to discourage this sort of behavior, and we as a society need to find a better deterrent, whatever that may be.

  151. Hey by Anonymous Coward · · Score: 0

    What about the people who coded the popups when I browsed to the website to read that article? Shouldn't they be prosecuted too?

  152. Re:Yeah and? Stupid criminals go to jail. Old stor by Anonymous Coward · · Score: 0

    kid gets out of jail, known felon, what kind of job can he get? Say he gets fined for millions, (the maximum fine is 1/2 million, plus the "damages", [and who gets it? The victims? ha.] ), any job he gets, he forks it all over, except survival money, I suppose. He can NEVER get out from the debt. What's he going to do, go to a fancy law school so he can MAKE MONEY FAST and get out of debt? (As if felons are accepted to law school.) No, it's hopeless. Only thing to do is say fuck it all. Underground criminal for life. The kid has got no way to go straight even if he wants to. Sounds like a life sentence to me.

  153. Re:Yeah and? Stupid criminals go to jail. Old stor by Anonymous Coward · · Score: 0
    Ghandi may have a thing or two to say about revenge but Ghandi also left a country wich now has been at war for 50 yrs with itself and its neighbour. (tamils and pakistan)
    Not quite. The ongoing problems are due to intrasingence on both the Hindu and Muslim sides when Independence came, and the rather hamfisted meddling of the British.
  154. Illiterate trolls... by nwbvt · · Score: 1
    ...really can piss me off.

    "Are you now arguing that this only applies if you didn't know that your decision was a poor one ?"

    Well now it wouldn't really be foreseeable otherwise, now would it?

    "I'd say that all my examples were foreseeable consequences of your own decisions."

    But in case you missed it, I had more criteria than it just being a foreseeable consequence of your own decision.

    "Take a route through a bad part of town and it is foreseeable that you might be mugged."

    Only if you have physic powers.

    "It seems to me that this would equate not charging the perperator."

    Well thats because you are an idiot. I am talking about metaethical issues here, not legal ones. Need any help understanding the difference?

    "I'm assuming that you meant to say "unless the junkie gets sick or dies"."

    Actually I did say that.

    "Murder ? The junkie knew the dangers, and chose to accept them. No one forced him to take the heroin. "Murder" implies the dealer ended the junkies life purposefully; no such thing has happened."

    Not according to the definition of murder. But fine, manslaughter if you want to nitpick. Still illegal.

    "Think of it this way: if you play russian roulette by yourself with one pull of trigger per night, is whoever sells you ammunition (knowing of your habbit) a murderer when you lose ?"

    Thats so dumb it doesn't deserve another thought.

    "And if I work in a hamburger joint, and a really fat man comes in and orders a hamburger and french fries, am I a murderer to sell them to him ?"

    Is a halfway relevant analogy coming soon?

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    1. Re:Illiterate trolls... by ultranova · · Score: 1

      ...really can piss me off.

      At least I understand what I wrote myself, which is more than can be said about you.

      "Are you now arguing that this only applies if you didn't know that your decision was a poor one ?"

      Well now it wouldn't really be foreseeable otherwise, now would it?

      So if I know that connecting a Windows machine containing important business data to the Internet might lead to bad consequences, but someone else doesn't, is this a foreseeable consequence or not ? And if that someone did connect a Windows machine with important business data into the Internet, and got hacked, does he have grounds for complain or not ?

      "I'd say that all my examples were foreseeable consequences of your own decisions."

      But in case you missed it, I had more criteria than it just being a foreseeable consequence of your own decision.

      I indeed missed those criteria, perhaps because you never bothered to say what they are. Care to do so now ?

      "It seems to me that this would equate not charging the perperator."

      Well thats because you are an idiot. I am talking about metaethical issues here, not legal ones. Need any help understanding the difference?

      You said: "I would submit that if you cause something that is a foreseeable consequence of your own poor decision, you have no grounds for a complaint, regardless of whether or not it itself is fair or lawful."

      If you didn't talk about legal issues, then why did you mention them ?

      And no, I don't know what you mean by the word "metaethical". Explain.

      And calling me an idiot is pretty pointless when you seem to have trouble understanding your own writings.

      "I'm assuming that you meant to say "unless the junkie gets sick or dies"."

      Actually I did say that.

      Really ? Slashdot seems to disagree. According to it, I said: "The junkie has no grounds to complain to the dealer, because the dealer has done no crime against the junkie."

      To which you answered: Not if he gets sick or dies. Unless you don't consider murder a crime.

      Now, english is not my native language, so maybe I'm wrong here... But the literal meaning of your statement would seem to me to be that the dealer has made no crime against the junkie if the junkie gets sick or dies, which made no sense in the context. That is why I made the clarification.

      "Murder ? The junkie knew the dangers, and chose to accept them. No one forced him to take the heroin. "Murder" implies the dealer ended the junkies life purposefully; no such thing has happened."

      Not according to the definition of murder. But fine, manslaughter if you want to nitpick. Still illegal.

      I don't know about your homeland, but here murder is legally defined as killing someone in cold blood, and commonly defined as killing someone purposefully.

      According to Dictionary.com murder means "The unlawful killing of one human by another, especially with premeditated malice." As the dealer had no intention of killing the junkie (none of his actions had the junkies death as a goal), this obviously is not the case.

      Manslaughter, being defined by the same source as "The unlawful killing of one human by another without express or implied intent to do injury" is not correct either, since the dealer didn't kill the junkie - it was the junkies own insistence of engaging in hazardous practices which killed him. The dealer was likely to not be even present when the junkie died.

      The dealer never cut a single hair out of the junkies head - he simply sold the junkie harmfull substance, which the junkie then used of his own free will, fully knowing it was harmfull.

      "Think of it this way: if you play russian r

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  155. Re:How does the money restitution thing work anywa by fantomas · · Score: 1

    cool, cheers. So actually the teenager ends up getting a fine of 500 dollars or so? something big enough to make him go "ouch" and have to sit at home and watch tv with his mum and dad for a year while his friends are out on the town, but not sending in the local officials to vacuum clean his room for anything worth more than a dollar? Is the 10 million fine then nominally put in place as a precedent (UK law works on precedence as I understand) so if a company/ rich adult with more like this kind of money commits the same offense, the prosecution can request a fine of this amount because there is a precedent for doing so?

  156. Re:Yeah and? Stupid criminals go to jail. Old stor by TheWingThing · · Score: 1

    Couple of things, though off topic:

    It's Gandhi, not Ghandi.

    India is not at war with Tamils. Tamils are the people in the state of Tamil Nadu which is a part of India.

    Some Tamils emigrated to Sri Lanka a few centuries ago even before India became a republic. These people (Tamils in Sri Lanka) are Sri Lankan citizens and not Indians.

    Some of these Sri Lankan Tamils (a militant group called the Tamil Tigers, aka LTTE) are at war with the Sri Lankan government.

    Better brush up your history and geography.