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Death Penalty For Hackers?

EMIce writes "The New York Times Op-Ed page has a piece entitled Worse Than Death (Obnoxious but free registration required) that calls for harsher 'hacker' penalties as a deterrent, quoting one academic as recommending even well, the death penalty - as a deterrent for the likes of Sasser author Sven Jaschan. Let's face it, businesses are becoming more dependent on their computers but they continue to be a point of failure, and subsequently, frustration through lost profits. Perpetrated breakdowns are now pushing that aggravation towards an edge. The author suggests commuting the idea of a death sentence into a lifetime of servitude doing viral cleanup. What role should enforcement play in such cases and is this too harsh, even considering the billions in damage that is sometimes caused?"

8 of 1,096 comments (clear)

  1. Obligatory BugMeNot Link: by hedgehog2097 · · Score: 4, Informative
  2. Text of Article by $RANDOMLUSER · · Score: 4, Informative

    Last year a German teenager named Sven Jaschan released the Sasser worm, one of the costliest acts of sabotage in the history of the Internet. It crippled computers around the world, closing businesses, halting trains and grounding airplanes.
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    Which of these punishments does he deserve?

    A) A 21-month suspended sentence and 30 hours of community service.

    B) Two years in prison.

    C) A five-year ban on using computers.

    D) Death.

    E) Something worse.

    If you answered A, you must be the German judge who gave him that sentence last week.

    If you answered B or C, you're confusing him with other hackers who have been sent to prison and banned from using computers or the Internet. But those punishments don't seem to have deterred hackers like Mr. Jaschan from taking their place.

    I'm tempted to say that the correct answer is D, and not just because of the man-years I've spent running virus scans and reformatting hard drives. I'm almost convinced by Steven Landsburg's cost-benefit analysis showing that the spreaders of computer viruses and worms are more logical candidates for capital punishment than murderers are.

    Professor Landsburg, an economist at the University of Rochester, has calculated the relative value to society of executing murderers and hackers. By using studies estimating the deterrent value of capital punishment, he figures that executing one murderer yields at most $100 million in social benefits.

    The benefits of executing a hacker would be greater, he argues, because the social costs of hacking are estimated to be so much higher: $50 billion per year. Deterring a mere one-fifth of 1 percent of those crimes - one in 500 hackers - would save society $100 million. And Professor Landsburg believes that a lot more than one in 500 hackers would be deterred by the sight of a colleague on death row.

    I see his logic, but I also see practical difficulties. For one thing, many hackers live in places where capital punishment is illegal. For another, most of them are teenage boys, a group that has never been known for fearing death. They're probably more afraid of going five years without computer games.

    So that leaves us with E: something worse than death. Something that would approximate the millions of hours of tedium that hackers have inflicted on society.

    Hackers are the Internet equivalent of Richard Reid, the shoe-bomber who didn't manage to hurt anyone on his airplane but has been annoying travelers ever since. When I join the line of passengers taking off their shoes at the airport, I get little satisfaction in thinking that the man responsible for this ritual is sitting somewhere by himself in a prison cell, probably with his shoes on.

    He ought to spend his days within smelling range of all those socks at the airport. In an exclusive poll I once conducted among fellow passengers, I found that 80 percent favored forcing Mr. Reid to sit next to the metal detector, helping small children put their sneakers back on.

    The remaining 20 percent in the poll (meaning one guy) said that wasn't harsh enough. He advocated requiring Mr. Reid to change the Odor-Eaters insoles of runners at the end of the New York City Marathon.

    What would be the equivalent public service for Internet sociopaths? Maybe convicted spammers could be sentenced to community service testing all their own wares. The number of organ-enlargement offers would decline if a spammer thought he'd have to appear in a public-service television commercial explaining that he'd tried them all and they just didn't work for him.

    Convicted hackers like Mr. Jaschan could be sentenced to a lifetime of removing worms and viruses, but the computer experts I consulted said there would be too big a risk that the hackers would enjoy the job. After all, Mr. Jaschan is now doing just that for a software security firm.

    The

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    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  3. Relax by antientropic · · Score: 4, Informative

    The poster needs to have his humour detector adjusted. It should be obvious that Tierney is not quite serious about the death penalty. It's more than a bit tongue-in-cheek. Quote from the article:

    Make the hacker spend 16 hours a day fielding help-desk inquiries in an AOL chat room for computer novices. Force him to do this with a user name at least as uncool as KoolDude and to work on a vintage IBM PC with a 2400-baud dial-up connection. Most painful of all for any geek, make him use Windows 95 for the rest of his life.

  4. Re:Look, out, John... by Otter · · Score: 3, Informative
    Somone call John Dvorak...his title as reigning champion of the blithering idiots is being seriously contested.

    Just who is this John Tierney anyway? Judging from his whining about 'man-years I've spent running virus scans and reformatting hard drives', he doesn't sound like any computer profesional I know...

    1) He's joking.

    2) He's a columnist who frequently combines analysis with whimsy.

    3) I understand that the submitter and CmdrTaco can't be expected to catch this stuff. But with 67 +1 posts, am I really the only one to get it?

    4) How freaking dense are you people? I'm looking forward to "Who is this Dave Barry fellow? He doesn't sound like any computer professional I know...

  5. Re:Look, out, John... by TripMaster+Monkey · · Score: 4, Informative

    Not wanting to install a patch to a production server is not necessarily complacency. In point of fact, in some cases, it *is* vigilance, assuming you've ever installed a patch and seen software mysteriously and suddeny cease functioning...it happens on Windows servers from time to time, if you didn't know.

    Actually, I do know...as it has happened to me more than once (Windows XP SP2 breaking WinFax and Windows Server 2003 SP1 breaking Windows Update immediately spring to mind). This is where the concept of a QA server comes into play. Any sysadmin worth their salt will have some sort of test server set up where they can test updates, patches, service packs, etc. without endangering their mission-critical systems. It's a simple process, but apparently thre's a lot of sysadmins out there who can't be bothered to exercise due dilligence...hence, my accusation of complacency.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

  6. Link to the ORIGINAL slate article by Lanoitarus · · Score: 5, Informative

    This Tierney guy says that his article is based on an article by Steven Landsburg, an Economics Professor at the University of Rochester.

    The original article (by Landsburg himself) is a bit more detailed, and can be found on Slate here:
    http://slate.msn.com/id/2101297/

  7. Re:I agree. The very idea of such a penalty is evi by BewireNomali · · Score: 4, Informative

    I agree with you that we're spoiled.

    But perspective is a bitch. As a kid, you don't create the conditions, you deal with them. And as a kid, I remember distinctly going hungry.

    In regards to crackheads, my best friend's mom was an actual crackhead. Mine was an illegal immigrant, so she couldn't work for much of my childhood... or worked sparingly. We'd both be hungry and we'd steal Utz brand potato chips from the bodega on the corner often on a summer night to get through to the next day. hypoglycemic headaches are a bitch when you're a kid. I remember them clearly.

    In Harlem now, I can imagine that there are kids like me and my friend... just dealing with conditions that are placed upon them.

    --
    un burrito me trampeó.
  8. Re:Asimov had an interesting idea here by harlows_monkeys · · Score: 4, Informative

    The story is "A Perfect Fit", available in the Asimov collection "Winds of Change".