Slashdot Mirror


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?"

126 of 1,096 comments (clear)

  1. Obligatory BugMeNot Link: by hedgehog2097 · · Score: 4, Informative
    1. Re:Obligatory BugMeNot Link: by Anonymous Coward · · Score: 5, Funny

      Dear hedgehog2097,

      It looks like you've hacked our registration system.

      See you in the death row.

      Sincerely,
      The New York Times

    2. Re:Obligatory BugMeNot Link: by xoboots · · Score: 4, Insightful

      Oh so the Death Penalty part is just a red-herring to attract attention? That's adds despicable on-top-of despicable. Off with their heads!

      Your assertion that we don't think critically about our own culture is rather unkind. Many of the people here seem to spend a lot of time thinking about the way modern super-companies have co-opted all areas of human endeaver -- to the detriment of the individual and society at large. Many also think hard about the role that they as individuals and technologists in general play in society.

      Political and corporate corruption is a much, much larger problem. Why not an article suggesting the death penalty for those offenders?

    3. Re:Obligatory BugMeNot Link: by Stephan+Schulz · · Score: 4, Insightful
      He cites research claiming that deterring a mere 0.2% of hacking crimes would save society $100 million. That's huge. We might not like regulation, but if we can't police our own bad behavior, steps need to be taken. Money talks.
      It is not only huge, but also completely spurious. The economic benefit does not scale linearly. As long as there are a few aggressive viruses out there, you need to keep up the infrastructure to combat them. In fact, you would probably have to keep them up as a precaution just in case, or W32_Usamma will take out all modern infrastructure in 2008.

      Moreover, consider the "Crime". The hacker does nothing more than running a program on his computer. That it spreads is caused by broken systems and stupid users. Yes, cracking should carry an appropriate penalty. But the key word is appropriate. I'd say it ranks somewhere between illegal graffiti (if done just "for fun") and fraud (if done with a commercial motive).

      --

      Stephan

  2. Look, out, John... by TripMaster+Monkey · · Score: 3, Insightful

    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...perhaps if he was a bit more in the know, he'd know that although Microsoft had released a patch for this loophole on 13 and 28 April 2004, many companies had not applied this protection before Sasser struck. Perhaps some of Mr. Tierney's considerable ire should be redirected towards the hordes of lazy sysadmins who had a solution for the Sasser worm, but chose complacency over vigilance.

    --
    ____

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

    1. Re:Look, out, John... by drakaan · · Score: 3, Insightful
      Time to play Devil's Advocate...

      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.

      To be fair, most of the companies that didn't install the patch for a reason like that probably made sure the systems were protected in other ways. Just couldn't let the "no install patch" = "lazy complacent sysadmin" generalization go unqualified.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    2. Re:Look, out, John... by DShard · · Score: 4, Insightful

      I see this as yet another fundemental misunderstanding of what security _is_ and how the proposed fix doesn't address the real problem in the least. As you correctly point out, admins and users are at fault here. The internet is a snapshot of society that has no boundaries. Anything that would happen in the real world will happen online. If purposeful defacement and destruction of property cannot be contained in the real world, nor will it online. Does the statement, "We should put to death people who create griffiti." even sound slightly rational?

    3. 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...

    4. Re:Look, out, John... by A+beautiful+mind · · Score: 5, Insightful

      Someone who can stick a price on human life, or argument for improving the economy by killing people deserves no respect from me.

      This "journalist" did just that.

      The article is pure flamebait. I don't even start telling about the collective responsibility of software makers and the lazy sysadmins. The sasser worm was like a polite burglar: if it found the front door open, it went in. If it found it closed, it went away. Well, newsflash dear analysts: until you start paying attention to security there always will be a guy who writes a crappy virus (95% of them is _crude_) which wreaks havoc only because users and vendors like Microsoft of ignoring security.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    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. Re:Look, out, John... by notNeilCasey · · Score: 2, Insightful

      I read and enjoyed this column. I think the main point he was making is that in terms of how much value you assign to a human life (he quotes a figure of, I believe, $100 million per), an author of a Sasser-like worm actually does more damage (measured in dollars) than a murderer and therefore, by his reasoning, could be eligible for capital punishment.

      It's pretty clear that he's just framing a thought experiment for his readers to illustrate how much damage a clever black hat can actually inflict - damage well in excess of what economists calculate to be the approximate worth of the average (I may be using that term loosely, I am not familiar with the study he cites) human being, not really advocating actual execution for hackers. Also, before anyone gets on their high horse about it being impossible to put a price tag on a human life, I suggest doing a little research on how the price tags for environmental laws, automobile safety standards, and insurance policies are calculated.

      Anyway, I also thought the suggestion at the end that good old Sven have to sit on Windows 95 2400 baud dial-up tech supporting AOL newbies all day at least +1 Funny.

    7. Re:Look, out, John... by sheldon · · Score: 4, Insightful

      Having a test server is a simple process.

      Knowing what all to test... that's the hard part.

    8. Re:Look, out, John... by MyLongNickName · · Score: 2, Funny

      You know it is time to go outside and meet real people when you have to consult wiki to find out if someone is joking or not.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    9. Re:Look, out, John... by letxa2000 · · Score: 2, Interesting
      Does the statement, "We should put to death people who create griffiti." even sound slightly rational?

      No. But I wouldn't mind throwing those that create graffiti in jail for a good 10 years.

      Quite frankly, I find it disgusting when people harm others (or their property) for no purpose whatsoever. At least when someone steals 20 bucks from a convenience store, you understand why... they needed money and while it is completely unacceptable, they were doing something to help themselves. With things like graffiti or viruses, you're harming others for the sheer joy of harming others. There's no benefit to the person doing the harm. That's just sick and should be punished as such. Maybe they should be sent to a mental institution.

    10. Re:Look, out, John... by TripMaster+Monkey · · Score: 2, Insightful


      So yeah, Test Servers are important but if you are in a hurry it is sometimes better to skip them in case you crash them beyond repair and hold up the rollout.

      That's easily the most insane thing I've heard all week. Such a strategy obviates the whole point of having test servers.

      It is never better to skip the test servers. Period. Before a patch makes it to the production environment, it must be tested to ensure it is ready for prime time. If a patch crashed your test servers totally, then congrats...they just paid for themselves.

      --
      ____

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

  3. And how about... by de+Bois-Guilbert · · Score: 2, Funny

    ...public floggings of idiots that don't sufficiently protect/firewall their computers!

  4. Phrack? by sleepingsquirrel · · Score: 4, Funny

    Ahh. That explains the demise of Phrack I guess.

  5. Easy. by Anonymous Coward · · Score: 2, Insightful

    No amount of money loss is worth a loss of someones life.

    Indeed, there can be no crime for which the death of an individual can be justified.

    Otherwise pure hypocrisy rules.

    1. Re:Easy. by Noxx · · Score: 2, Insightful

      Indeed, there can be no crime for which the death of an individual can be justified.

      How about mass murder?

      --
      Study everything, you'll find something you can use - Jason Bourne
  6. So hacker gets death... by aicrules · · Score: 5, Interesting

    because he costs companies millions in lost revenue, but CEO of company who commits fraud and loots the pension funds for billions gets nothing or maybe a few years in prison?

    Yeah, we're looking at the right places for deterence.

    1. Re:So hacker gets death... by Skye16 · · Score: 5, Insightful

      Ahh, but the CEO is rich. Thus, it's okay. Therefore, teenagers get executed and old rich white men take a few billion dollars to support their pure-gold-toilet needs.

    2. Re:So hacker gets death... by Vinnie_333 · · Score: 4, Funny

      Lesson learned: wait until you're a old rich white man before you begin your hacking career!

      --

      "We shall party like the Greeks of old! You know the ones I mean." - HedonismBot
    3. Re:So hacker gets death... by rikrebel · · Score: 3, Insightful


      Here here!! This is more corporate interestes above the common peoples.

      Suggesting that hacking can incur a death penalty because of the BILLIONS involved is VILE!

      We so far have kept our government from killing citizens over money, is this what we want now? I thought life was precious and beyond monetary value?

      So, we change laws so hackers get death for their billions in losses, but CEO's and other's at the "helm" or in places of power get carte blanche to do whatever they like in the "course of business", lining their own pockets, making billion dollar mistakes, or outright stealing?

      I guess America's much vaunted christian morality goes out the window when it comes to money.

      A message to John Tierney: Your suggesting that constant virus checking and a vague "cost benifit analysis" is enough to incur the dealth penalty makes you a soulles moron. Shame on the grey lady for even publishing your crap.

    4. Re:So hacker gets death... by RhettLivingston · · Score: 2, Interesting

      Two wrongs don't make a right. Yes, there are far worse things that don't get the death penalty, but those are wrongs too. Personally, I think it would be as fair if not more fair than the current systems if we came up with economic based standards. Put a number on the very generalized value of a life. Base it on something simple like the typical payout in accidental death due to an airline crashing. If that is $2.5 million, then just say that any crime or accumulation of crimes that you commit that causes more costs than the value of your life gets the death penalty. Of course, murder, since the person killed would have the same value as you, would get the death penalty. Manslaughter would too. Maybe then people would be more careful about stupidities like drinking and driving. The stupid woman that ran away to avoid her wedding and didn't have the courtesy to at least phone the authorities and stop the theft of their services in looking for her would get death too. Good riddance. In essence, this would move us back to punishment instead of reform. Its time for that move as reform has been rather thoroughly been proven to not be statistically viable.

    5. Re:So hacker gets death... by romeo_in_blk_jeans · · Score: 2, Insightful

      And who gets to determine how much an outage is worth? Never forget the great telephone outage back in the 80's (early 90's?) when AT&T got to make up their own dollar value in lost revenue... ...and our government was ok with this.

    6. Re:So hacker gets death... by mwvdlee · · Score: 5, Insightful

      Kidnappers: We have a columnist held hostage.

      Negotiator: What are your demands?

      K: We want a million dollar.

      N: A million?

      K: Yes.

      N: Oh well, that's more than the value of a human life.

      (hangs up and orders troops to blow up building)

      N: (talking to collegue) And to think it was that very journalist who proposed the price, isn't it ironic?

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    7. Re:So hacker gets death... by 91degrees · · Score: 2, Insightful

      But the hacker is probably middle class and fairly well off. Middle class families with middle class kids will probably have some (middle class) sympathy for the hacker. It's not a segment of society that you want to offend.

    8. Re:So hacker gets death... by Ann+Coulter · · Score: 2, Insightful

      The other side to deterrence is that it makes the perpetrators have less to lose. If crackers know that they will be detained indefinitely or killed, perhaps they will do something far more malicious than they would normally do. Deterrence can be saturated and the results are usually far more devastating than not having deterrents in the first place.

    9. Re:So hacker gets death... by daveschroeder · · Score: 2, Informative

      So hacker gets death...because he costs companies millions in lost revenue, but CEO of company who commits fraud and loots the pension funds for billions gets nothing or maybe a few years in prison?

      Actually, it was kind of tongue-in-cheek, meant to illustrate the seriousness of the effects of some of the worst attacks. And actually, it's more than "millions" that things like the premier worms and viruses cost. It's "billions", real billions of dollars, just like the looting CEOs. And that "lost revenue" that you seem so quick to write off amounts to real impact on our economy. Real lost jobs, real negative impacts, real effects on the mechanics of US business and government.

      And a "few years in prison"?

      63-year old former Worldcom CEO Bernard Ebbers got 25 years.

      80-year old Adelphia founder John Rigas got 15 years.

      48-year old former Adelphia CFO Timothy Regas got 20 years.

      (The Enron trial is not until January 2006).

      Seems like they're getting what they deserve, eh? Doesn't sound like "nothing" to me (funny how the slashdot crowd seemingly expects the wheels of justice to turn instantly there, but would likely be part of the same group of people who would be overly careful to not rush to prejudge others of perhaps lesser means in legal situations).

      Malicious computer hackers (née crackers) and malware writers should get due punishment as well. And no, not the "death penalty", but a harsh one. And no, not kids who pass around the admin password for iBooks in junior high, or people who happen to surf via an open, unprotected access point. But the real malicious hackers; the exact type the original article is referring to.

  7. Death Threat? by spiderworm · · Score: 3, Interesting

    Wowsers. Makes me wonder what the punishment would be for the software vendors whose products are virus friendly?

  8. Companies Should Look Inside First by Rolan · · Score: 4, Insightful

    Companies are always quick to blame the 'hackers' when something bad happens. What they need to do is look inside first at themselves. Besides the fact that the vast majority of damage done to company computers is an inside job, most of the external damage (caused by worms and viruses, etc) is caused by people not patching vulnerable systems or having a poor network setup. The virus/worm writers certainly aren't innocent, but a lot of the companies are as guilty for not doing what they need to to defend against such attacks.

    --
    - AMW
    1. Re:Companies Should Look Inside First by bcattwoo · · Score: 2, Interesting
      most of the external damage (caused by worms and viruses, etc) is caused by people not patching vulnerable systems or having a poor network setup. The virus/worm writers certainly aren't innocent, but a lot of the companies are as guilty for not doing what they need to to defend against such attacks.

      No, the external damage is caused solely by the virus/worm writers. Sure the companies could have done more to protect themselves and those who were responsible within the company should be punished by the company, but ultimate responsibility belongs with the ones who write the malicious code. I can think of a couple analogies (even one with a car) involving blaming the victim but I think there are enough of those on slashdot.

    2. Re:Companies Should Look Inside First by ScentCone · · Score: 4, Insightful

      But if you leave your front door open you are partially to blame

      Why? In what way does leaving your front door unlocked cause someone to walk off the street and attempt to enter your home without an invitation?

      The person who breaks in is still ultimately responsible, but you have to take some basic responsibility.

      Well, which is it? The person who is "ultimately" responsible, as you put it, is THE person who is responsible. Ultimate, as in finally and completely. So, if you lock your door, but do it with an inexpensive lock, and the typical burgler just pushes through it... is that any different? The point is, the bad guy has to decide to take an action. If he doesn't decide to, then he doesn't wind up in your house. Period. And it's exactly the same with crackers and other malware.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Companies Should Look Inside First by Kafteinn · · Score: 3, Interesting

      The virus situation is much more like if..
      every house in the world has a "Microsoft Super security system (tm)" installed so you shouldn't be able to get through the front door without a key.
      then a guy discovers he can get into his house without a key so he makes a robot who opens other houses, closes the door then has sex with the TV to make another robot who goes into another house to fuck a TV.

      I think this is perfectly acceptable since no one would know you don't need a key to get into Microsoft houses if the robot hadn't started his rampage of hot television on robot sex!

      --
      Hitler's in the fridge.
  9. shutdown -f now by Doc+Ruby · · Score: 2, Funny

    We must stand firm with our allies, Pakistan, Saudi Arabia, Egypt and Syria, in sending sinners to god for their eternal punishment. If they're not guilty, they're martyrs, and we've hastened their journey to their eternal reward, to the root account in the sky.

    "Kill 'em all, let God sort 'em out" - T-Shirt at the Republican National Convention

    --

    --
    make install -not war

    1. Re:shutdown -f now by 44BSD · · Score: 5, Funny

      "shutdown"? Don't molly-coddle 'em.

      # kill -9 1

  10. yes, kill hackers by hsmith · · Score: 5, Insightful

    Yes, lets kill hackers, but lets let more and more child molesters out of jail

    priorites people

    1. Re:yes, kill hackers by Abcd1234 · · Score: 2, Interesting

      Well, that didn't take long. I think we really need a new analogue to Godwin's Law as follows:

      "As an online discussion grows longer, the probability of a comparison involving child molestors approaches 1 (i.e. certainty)."

      Think of the children! Won't somebody *please* think of the children?!

  11. "viagra was powerless against my impotence" by pohl · · Score: 3, Insightful
    At some point businesses are going to have to place a greater emphasis on the importance of demanding quality software from their vendors and quality configuration from their system administrators. At some point we're going to have to be responsible consumers of technology, able to discern that some new whiz-bang facility offered by ACME Software is just a worm-propagation API in drag. We're going to have to recognize that vulnerabilities can, in fact, stem from software design decisions and that we can't just blame security heartaches on the ubiquity of the software.

    I hope that we reach that point far in advance of advocating the death penalty for electronic trespassers. Even a fan of stiff penalties should pause and reflect before going there based upon a dispassionate cost/benefit analysis.

    The worse-than-death ideas in the article are amusing, though.

    --

    The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

  12. Comment removed by account_deleted · · Score: 2, Interesting

    Comment removed based on user account deletion

  13. The obvious solution by jayhawk88 · · Score: 4, Funny

    ...is to make them work the Help Desk of any random ISP.

  14. Won't help by Da+Fokka · · Score: 4, Insightful

    Except for the fact that the idea is horribly wrong from an ethical viewpoint, it also simply won't work. The efficacy of a punishment is more related to the chance of being caught than to the severity of the punishment.

    Despite the risk of huge fines, almost everyone downloads movies at a regular basis, because the chances of being caught are near zero.

  15. If Hackers can by acadia11 · · Score: 3, Insightful

    get the "death" penalty. I think the guys from Enron and MCI, etc, who cost 10's of millions of damage in the form of lost pensions and 401K's for their employees should recieve an equivalent "death" penalty.

  16. 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.
    Skip to next paragraph

    Related More Columns by John Tierney
    Readers
    Forum: John Tierney's Columns

    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

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:Text of Article by Stauf · · Score: 2, Interesting

      the man-years I've

      This is the stupidest snippet ever. 1 man-year == an amount of men, x, working on a problem for y days each, such that x*y = 364 days.

      You, as an individual, cannot work more then 1 man-year in a year. In fact, I highly doubt anyone has ever worked 1 man-year in a year - you have to sleep sometime. This guy is claiming to have spend 365 may-days (8760 man-hours) running virus scans and reformatting hard drives. Working 40 hour weeks, that's 219 weeks. That's more then four years. And that's assuming that he never does any other sort of work.

      Looks like someone needs to brush up on their journalism skills.

  17. Re:Death? by aicrules · · Score: 3, Funny

    Yes, but some really rich guys had to fire half their master bathroom attendant staff for a week because they lost a few million as a result. Those former attendants were then deported because they were not legal citizens. In their home country they were seen as failures for not saving their family and stoned to death in a public square.

    See...hacking causes death! Death to hackers!

  18. I agree. The very idea of such a penalty is evil by ReformedExCon · · Score: 5, Insightful

    That punishment doesn't fit the crime. In many ways our justice system makes victims out of the perpetrators of crimes when the punishment is way out of proportion to the actual crime committed. When that happens, the justice system is perpetrating an injustice on the person found guilty in court.

    I don't like how some people think that just because someone is obnoxious or causes minor damage (and let's face it, virus infestations are fairly minor compared to the gamut of actual crimes that people are let off the hook with much less punishment) that they should be put away for ever or even put to death. I think it reeks of a completely blown sense of proportion. Unfortunately, the voters who think this way are more prone to vote than people who are more sanely-minded.

    Should the punishment for releasing a virus be tough? I don't think so. I think that it is a pretty benign "crime". It is crucial that we keep a sense of proportion when discussing the sentencing stage of justice.

    --
    Jesus saved me from my past. He can save you as well.
  19. So this is what it's come to... by Anonymous Coward · · Score: 2, Insightful

    The general public get criminalized, and people who (while complete pricks) aren't physically harming anyone get sentenced to death.
    At the same time, the **AA is running protection rackets and giving MS a reason to control the hardware you paid for. Not just in the US, but the rest of the world too. Both companies supported by a warmongering government that never should've been reelected.
    Call me crazy, but I think a public rebellion is in order here.

  20. Could someone please cite a published study? by Ieshan · · Score: 5, Insightful

    I'd appreciate it if any death penalty advocates could please cite a published work (in a reputable journal) which clearly shows statistical evidence that the death penalty actually acts as a deterrant in the mind of would-be criminals.

    As far as I can tell, it's just something that sounds really good. You know, "Criminals will be very scared of being killed for their actions, because normal people are very scared of being killed." From the little I know about the workings of the human mind, most sociopaths don't react to things the same way the rest of us do, and people who cause massive damage on an any scale - economic, physical, emotional - are sociopaths.

    Anyway, I'd just appreciate some good evidence for the "deterrant" hypothesis. Then I'll start to believe it might be a good idea.

    1. Re:Could someone please cite a published study? by 0123456 · · Score: 2, Interesting

      "people who cause massive damage on an any scale - economic, physical, emotional - are sociopaths."

      Then killing them is the only solution, since 'curing' them is basically impossible and locking them up only gives them a chance to escape.

      Theodore Dalrymple had an interesting article printed a few years ago when he was talking to prisoners about their thoughts on the death penalty: the conclusion was that prisoners were vastly _MORE_ supportive of the death penalty than the law-abiding. After all, they live in a world full of crime, and see the consequences on a regular basis.

    2. Re:Could someone please cite a published study? by lurch_ss · · Score: 2, Insightful

      It may or may not be a deterrant, but it definitely cuts down on repeat offenders.

    3. Re:Could someone please cite a published study? by Dr.+Evil · · Score: 2, Funny

      Clippy: "Hey! You didn't agree to the terms of your license agreement!

      User: "Cancel"

      Clippy: "You've just committed a capital offense!"

      User: "Cancel"

      Clippy: "Would you like to write a note to your family"

      User: "Cancel"

      Clippy "MS Death Squad(TM) has been dispatched. Are you sure you wouldn't like to write a note to your family?"

      User: "Cancel"

    4. Re:Could someone please cite a published study? by 99BottlesOfBeerInMyF · · Score: 5, Insightful

      There is quite a bit of evidence to the contrary, actually. People who commit violent crimes are usually either desperate or are personality types (like many juveniles and other dissociative types) that do not consider that they might be caught in their actions. Increasingly harsh penalties does little to deter the latter and often motivates the former category towards more violence. Why not risk a shoot out with the police if you're going to die if you go peacefully? Why not shoot the witnesses?

      Practically there are two problems. First, most people don't understand the above and law-makers who support concepts the public does not understand are easy targets. Second, the issue is very emotionally charged and victims and people who empathize with victims are more interested in vengeance than doing what is best for society. Harsh punishments for other, especially nonviolent crimes (like illegal intoxicant laws), cause similar escalations of crime into violent crime. Personally, I don't believe in capital punishment. This is not because I have any problem with killing or any religious qualms. I simply have little faith in the accuracy of our legal system (which seems to be justified considering the number of people on death row who are later proven innocent). Our criminal justice system is not perfect, police are not perfect people, and legal representation is often very, very poor for those without a lot of money. I don't trust it nor do I see how anyone else can trust it especially with something as important as life and death.

    5. Re:Could someone please cite a published study? by DarkSarin · · Score: 2

      You're correct as I stated it. The problem is that I assumed you would know more about the scenario: it is forced choice. Refusal to bet is not an option.

      You're final statement (assuming forced choice scenarios) is a pointed example of what I wanted to point out. The value of the $50 difference in potential outcomes is viewed extremely differently if you already have the money. Remember, at the start of the scenario you have NOTHING, so ANYTHING you leave with is a GAIN. But if I give someone the $100 before they bet, they will view the $75 and the $125 outcomes VERY differently than if they start with $0. Objectively, the probability (assuming forced choice) of leaving with $75 or $125 is identical in both scenarios (50%), but almost no one will interpret it in that fashion.

      You interpreted this exactly the way most people would (even those who understand probability quite well). Not that you aren't intelligent, but that you are typical. Read the book--it will help you make better decisions.

      --
      "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
  21. The death penalty is dubious as it is by Alioth · · Score: 5, Insightful

    As a kid, I used to think the death penalty was a great idea.

    At about age 16, we had a school debate on the subject. I was on the 'pro' death penalty side, but that debate sowed the inital small niggles of doubt.

    By the time I was 18, I realised the death penalty was completely barbaric. If just one innocent person is executed, that's tantamount to state sponsored murder. That's not to mention that capital punishment doesn't seem to deter crime anyway - Texas is executing more people than ever.

    One of the interesting things - if you have a debate with most pro-capital punishment people, they go awfully quiet when you ask them what would they do if they were falsely convicted of a capital crime. How would they feel as they were about to be gassed for a crime they didn't commit?

    I'm glad the EU outlaws capital punishment - it's a concept that should have disappeared in the 19th century. As Ghandi said - an eye for an eye and soon the whole world would be blind.

    1. Re:The death penalty is dubious as it is by strider44 · · Score: 2, Insightful

      The only difference between death and life imprisonment is that if the person turns out to be innocent you can't say "oops, lets set him free".

    2. Re:The death penalty is dubious as it is by El_Smack · · Score: 2, Insightful


      "One of the interesting things - if you have a debate with most pro-capital punishment people, they go awfully quiet when you ask them what would they do if they were falsely convicted of a capital crime. How would they feel as they were about to be gassed for a crime they didn't commit?"

      You would get pretty much the same reaction for any penalty. Proves nothing.

      --


      There are 01 kinds of cars in the world. The General Lee, and everything else.
    3. Re:The death penalty is dubious as it is by nine-times · · Score: 2, Insightful
      How would they feel as they were about to be gassed for a crime they didn't commit?

      That's a good question. I wonder how much better I would feel if I were merely forced to live the rest of my life being sodomized on a regular basis while in prison for a crime I didn't commit.

      Maybe we just shouldn't punish anyone?

    4. Re:The death penalty is dubious as it is by Sique · · Score: 2, Informative
      The main point I am argueing ist the fourth one:

      The costs of carrying out a death sentence (including death row incarceration) were about half the costs of carrying out a non-death sentence in a comparable case.

      All other costs involved are the ones about investigation and ligitation, not about sentencing.

      Normally (if everyone is equal before the law) the cost of ligitation should be the same for lifelong sentences and capital punishement. If the costs of investigation are lower if the prosecutor is not going for the capital punishment, then it looks to me that a prosecutor is more pressing for a thorough investigation if he can score a bull's eye. And if there is so much paper filed for a case then there are more possibilities for the attorneys of the defendant to find contradictions and faults, thus more turns and costs for appeal. And to get someone from the death row surely makes better PR than to get someone out of a lifelong sentence.

      Lets put it like this: in theory paying death penalty is cheaper than lifelong sentencing for a society. But because of the prominence for the death penalty all the costs necessary to achieve capital punishment are higher, and surely a huge part of them can be attributed to the vanity of the legal actors.
      --
      .sig: Sique *sigh*
    5. Re:The death penalty is dubious as it is by Experiment+626 · · Score: 2, Insightful

      What I always use to shut up the right-wingers is how can they be pro-capital punishment and pro-life at the same time. One of their views doesn't jive with the other.

      What exactly is so inconsistent about valuing the lives of innocent children more than the lives of mass murderers? How does it not "jive" to believe that people start off with a fundamental human right to live, and can lose that right only if they rob others of it themselves? That they don't just lose it by being an inconvenience to their mother. One might just as easily wonder at the left-wingers, who hold that babies are a dime a dozen, whereas serial killers are something precious whose lives are to be vigorously fought for.

    6. Re:The death penalty is dubious as it is by iwadasn · · Score: 3, Insightful


      Agreed. The Pro-death-penalty crowd always relies on at least one of the following two arguments....

      1) They deserve it, and it will make the victims feel better.

      Personally, I do not like the idea of living in a society where our justice system is based on inflicting misery on some people to make others feel better. End of story. By that logic (about to invoke goodwin's law) you could easily justify any genocide by saying "it makes me feel better".

      2) IT is a deterrent.

      Criminals are not perfectly logical beings, many of them are clinically insane. This doesn't even pass the laugh test.

    7. Re:The death penalty is dubious as it is by quickword · · Score: 2, Informative
      In the U.S. there is a measure called the "Prison Rape Elimination Act of 2003". One can find statistical information on Prison Rape kept by the Bureau of Justice Statistics.

      I would like sourcing on your claims that prison rape isn't widespread in Western nations other than the U.S. I would also be very interested to see where polling data can be found that proves your second claim that American Citizens feel prison rape is "OK" or "to be expected".

      Dr Véronique Vasseur was head physician at the French prison Santé for six years. She wrote a book called Médecin-chef à la Prison de la Santé that put forward claims of: prison rapes, prisoners forcing weaker prisoners to be slaves, beds teeming with lice and other insects, cells teeming with rats and mice, guards beating up prisoners, spoiled food frequently given to prisoners, frequent gastroenteritis epidemics, etc. French commissions were ordered to study the reported problems, but the results seem to have gone down the public's memory hole.

      There is probably evidence to suggest all prisons, Western or otherwise, are very unpleasant.

      I don't excuse any bad acts by Americans or any person of any nationality. I simply don't agree with your method of posting unsourced and I suspect, biased claims.

  22. 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.

  23. What has become of the traditional ways? by GeekDork · · Score: 2, Interesting

    Why not give those people a good ol' public whipping?

    --

    Fight hunger. Filet a politician and send him to a 3rd world country of your choice.

  24. Instead... by Greenisus · · Score: 4, Insightful

    Instead of "hacking" as a crime, perhaps the "hacker" should be charged with any crime that happens as a result. Break into a banking system, and it's fraud and possibly theft. Break into the 911 system and cause several people to die because they couldn't get help, and it's murder. Then, you don't have to make up new punishments and new laws and the punishment will be appropriate to the damage done.

    It just seems obvious to me. Am I missing something here?

  25. Re:is the punishment comissurate with the crime? by krgallagher · · Score: 3, Interesting
    "loosing most of the income for the rest of your life seems like a much harshier sentence, than death."

    Since part of the sentence for people convicted of computer crimes is that they can never use a computer again, they actually do lose their best opportunity to make a decent living.

    Personally I think the idea of a death penalty for hacking is rediculous. People have lost their retirement savings because of the actions of a few executives at Enron, Worldcom, and Tyco. I do not hear anyone calling for "The Death Penalty for Intentional Accounting Fraud."

    --

    Insert Generic Sig Here:

  26. Of course this is too harsh by glMatrixMode · · Score: 2, Insightful

    Of course this is too harsh.

    Do rapists, killers, pedophiles and other kinds of criminals get death penalties or lifetime jail ? Not in my country. Not in any country of the EU. Even in the USA, only killers get death sentences, and other kinds of crimes don't get you such harsh sentences (but correct me if I'm wrong here).

    Immaterial "crimes" like cracking into a computer system are only crimes because we decide so. We decide so because it is a way of ensuring the stability of our economic system. That's fine, but if we begin to compare that in severity to physical crimes, where people get injured, where violence happens, that means that we have forgotten everything. If we jail more severely (lifetime) a computer cracker than a rapist (usually 2 years jail), then we are totally decadent.

    --
    War doesn't prove who's right, just who's left.
  27. Re:oh, this is an easy one by jfengel · · Score: 2, Funny

    I like it! You sit the guy down at a special computer:

    Punch the monkey to win a prize!

    [click]

    WHOMP!

    Splat.

    ***

    It's got kind of a poetic justice.

  28. Bad math. by blackdefiance · · Score: 2, Insightful

    So this whole "an execution saves us $100M" concept is kind of troubling -- it's based on estimates that an execution deters a certain number of murders. Say, 10, at $10M per murdered person.

    Some people also estimate that an execution deters zero murders -- after all, the vast majority are committed in the heat of the moment.

    If zero murders are prevented by execution, then each execution really costs us millions of dollars in fees for a constitutionally-entitled defense and appeal.

    So the comparison at the heart of this blather is potentially bogus, as are many monetary estimates of impact of things like piracy (and to a lesser degree, malicious hackers).

  29. You are under arrest for crimes against profit. by Second_Derivative · · Score: 2, Insightful

    You are under arrest for crimes against profit. You have the right to ... well, nothing. A summary hearing by the corporate tribunal followed by execution shall follow shortly.

    I recall reading somewhere that lawyers originated in ancient Rome because plebians were not entitled to any form of justice, so they had to hire a member of the nobility (ie someone with money) if they were so ungrateful as to demand redress against some other noblemann that raped and pillaged everything they held dear.

    Fortunately though this guy is a nutjob with no influence of policy, of which there is no short supply either in the modern or ancient world. Too many people seem to get a stainless steel boner thinking of a world like this for it to bode well for any of us though.

  30. Re:Eeek! by bsgk · · Score: 4, Insightful

    Vengence shouldn't be a part of a court system. Your personal feelings (and mine if it happened to my child) shouldn't really be taken into account. That personal rage is not a solid foundation for justice.

  31. Just one problem with overly harsh sentences... by jeeperscats · · Score: 2, Insightful

    If there is a manditory death sentence for these crimes, and the members of the jury do not agree with the manditory sentence, they probably won't convict. There are people who are wholly against the death penalty for any crime and they will be on the jury. If the sentence is a long prison term, these same people will more likely convict.

  32. Feelings are irrelevant by ReformedExCon · · Score: 2, Insightful

    What if someone raped your child or SO?

    Perhaps "how you feel" should not be a factor in the severity of the sentencing.

    Justice should be served cold, not hot. Too often logic and reason gives way to emotions and the public's desire for a lynching. That is a travesty.

    --
    Jesus saved me from my past. He can save you as well.
  33. Just like rape victims... by Digital_Quartz · · Score: 2, Insightful


    You know, when a girl is wearing a short skirt, and she's walking at night alone? She's just as guilty of rape as the guy who rapes her, for not defending herself adequately.
    </SARCASM>

    That sort of thinking is nonsense.

    Not that I agree with this article either. I have a hard time taking anyone seriously who uses a "cost-benefit analysis" to determine who should live and who should die. (Why not just kill all the old people?)

  34. Amusing by rpdillon · · Score: 2, Insightful

    I always find this kind of thing amusing. This is really a manifestation of the fact that normal people are just basically fed up with computers. Worm writers are an outlet for this frustration, which gets us here, repsonding to an op-ed recommending the death penalty for a 17 year old who wrote a program.

    Why amusing? Because "normal" people don't seem to turn their anger on some of the root causes. I mean, admit it, the prevalence of worms is really a symptom, not a cause. Anyone who isn't "new here" knows where I'm going with this, but I'll say it anyway: turn an eye towards Redmond for the real culprit.

    For folks that a tire of having to run anti-virus, anti-spyware and constantly download and install "service packs" that break programs that they've already paid for, this one is for you. May we all learn to take security seriously in the *design* of the software, rather than tacking it on as an afterthought. Treating security like it is a trivial toy just so you can tack another bullet on the box is the real crime.

    I'm serious when I say that I look forward to the "next generation" of operating systems that will hopefully take security FAR more seriously than this generation did. I'm not talking about Longhorn, I'm talking about the operating systems my children will be using (children I don't have yet). Will worms and viruses still exist? Sure. They always will. But at least we'll have some doors with locks, and perhaps a security system by then; right now, most of us live in a tent that we bought that advertised "Sturdy, intruder repellent vinyl!".

  35. Asimov had an interesting idea here by harlows_monkeys · · Score: 4, Interesting
    There was an interesting Asimov short story about a computer criminal. The punishment was he was conditioned to get sick if he used a computer, and then was given a credit card with a large limit, and released. The general population was told of this, and told to be kind and help him whenever he asked.

    Since nearly everything involved computers, this left him very helpless. Restaurants had computers at the tables that you used to order, for example--so he could not get food at a restaurant unless he asked someone to order for him. Same for pretty much any purchase, or use of public transportation, and so on.

    The idea behind this punishment (which was for one year) was to make him see how dependent society was on computers, and therefore how serious and bad a crime it was to do anything that threatened the security of or the public's confidence in computers.

    1. Re:Asimov had an interesting idea here by A+beautiful+mind · · Score: 2, Insightful

      Are you sure you're not thinking of Anthony Burgess' "A Clockwork Orange"?

      Maybe then you should read it to know why Asomov's is a bad idea.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    2. Re:Asimov had an interesting idea here by crabpeople · · Score: 2, Funny
      viddy well lil bruddah viddy well

      --
      I'll just use my special getting high powers one more time...
    3. 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".

  36. Re:Death? by Bimo_Dude · · Score: 2, Insightful
    This is why the US is evil

    I wouldn't go so far as to say the US is evil. It's just the greedy bastards that run the US that are evil. The American citizens are (mostly) not.

    --
    "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
  37. Re:I agree. The very idea of such a penalty is evi by VernonNemitz · · Score: 5, Insightful

    If we punish with the death penalty those whose actions upset the lives of many many other people, and also cost lots and lots, then there is a long list of people who qualify. CEOs who rob pension funds, for example. Various politicians....

  38. Re:I agree. The very idea of such a penalty is evi by Cromac · · Score: 2, Insightful
    parent Offtopic? Mods must be on crack again. This speaks exactly to the topic at hand.

    Punishments should be harsher than they are currently, but death or a life sentence is way out of line for the crime. Once they start putting child molesters to death then maybe someone can start to think about it for computer crimes.

  39. Death Penalty for CEO's First by randall_burns · · Score: 5, Insightful

    What I dislike here is the double standard. Basically we have corporations _whining_ because they can't figure out how to hire the right folks to protect their networkers(or are too cheap to do so). On the other hand, we have CEO's of major corporations running places like Enron and Anderson that are essentially criminal organizations--and getting a complete slap on the wrist. Look at Ken Lay, the worldcom CEO, Milken. These folks all get the best justice money can buy-the type of service the average hacker just can't afford. The damage a crooked CEO can do at the helm of a major corporation makes what hackers do _pale_ by comparison. I don't see hackers leading the US into a pointless war in which thousands of young americans die or are permanently disabled to protect oil interests. I don't see hackers promoting products like thimerosal that may be causing permanent disability in children(or buying crooked politicians to get preferential legislation). I don't see hackers getting a corrupt president elected by vote fraud to refuse to enforce immigration law so corporations can make more money.

    If the corporate and governmental leaders want rule of law-they had better start by holding themselves accountable. Is is the corporate and governmental leaders that have created this state where the law is not taken seriously because they have exempted themselves from it.

  40. Let's face it... It's poor software by MichaelMarch · · Score: 2, Interesting

    The problem is not with the hackers. The problem is with poorly written software that allows this kind of attack/hack happen. If it wasen't for hackers our software would be very insecure and would be leeking holes everywhere. You can't say software companies/hardware companies fix security holes just becuase they might find a security risk. They are all re-active to security issues and NOT pro-active. You ask me, the death sentance should be given to anyone who releases a Operating system that requires 6a service packs just to make the software fuctional. A software company needs to take more responsablity for the software they release. Perhaps they should stop trying to push "new" releases all the time and just focus on one "good" product.

  41. Re:I agree. The very idea of such a penalty is evi by lightsaber1 · · Score: 4, Insightful
    As benign as the crime may seem to you, it does cost billions of dollars to corporations. The death penalty is in no way acceptable -- that punishment doesn't even resemble something that fits the crime.

    On the other hand, it is conceivable that people may die as a result of a virus in hospitals, for example.

    To me, a virus release could range from a misdemeanor vandalism charge to possibly as high as manslaughter in the extreme case. The crime is serious, but you are right, some people do tend ot lose perspective. Perhaps a turn in the total perspective vortex would do some good.

  42. The problem: by grasshoppa · · Score: 2, Insightful

    The problem isn't with the virus-jerks, although I'm not excusing their actions. The problem is software companies aren't held accountable like in other industries.

    If Ford, for example, made a car that due to a glitch caused it to run poorly and eat gas, there would be a lawsuit against them in no time flat. If they did it consistently, people would stop buying from them.

    That doesn't happen in the software industry. People write crap software that costs "profitability" when it goes haywire ( which happens often ), and the decision makers just shake their heads and mutter something about being the nature of the game.

    Virus-jerks aren't the problem, they are a symptom.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  43. Troll article if there ever was one by iminplaya · · Score: 2, Insightful

    But, since it's here, like everthing else related to property, hysteria rules. I mean, if they can take your house to build a strip mall, let's take it that last step and start killing people for lost profits. We all know that money is more important than the lives of mere humans, whose only purpose is to serve those profits.

    --
    What?
  44. Re:I agree. The very idea of such a penalty is evi by antiMStroll · · Score: 2, Insightful

    Where is Microsoft's responsibility in this punishment scheme?

  45. Re:I agree. The very idea of such a penalty is evi by finkployd · · Score: 2, Insightful

    Really? Why not the same as a auto manufacturer who's defect in a car contributed to an accident? Perhaps car makers should include a EULA that absolves them of all liability too.

    Finkployd

  46. Justice and practicality by nuggz · · Score: 2, Insightful

    I am totally for the death penalty, not even just for murder.

    Rape, child abuse, drunk driving, kill them all, we don't need those vermin around.

    I like the idea of solving a problem for all time, you kill the offender and your risk of reoffending becomes zero.

    However I can't support the death penalty today because it is impractical. We can't guarantee we caught and convict the right person, and it's too expensive. In our quest to limit executing the innocent we spend more than simply jailing them forever.
    For those two reasons I am against implementing it, although in theory it's a good idea.

  47. 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/

  48. Re:I agree. The very idea of such a penalty is evi by BewireNomali · · Score: 5, Interesting

    not so anymore. not in the united states. the very nature of poverty has changed fundamentally.

    I grew up in a welfare hotel in Harlem, here in New York. In the 90s, as a teen, I had a computer. So did a good number of my friends. Granted, most of us were in an accelerated academic program, so most of my friends were geeks, but we for the most part had computer systems.

    Kids now in my old neighborhood definitely have computers, and penetration is significant as computers are cheap. Local community leaders have impressed on the population the importance of computer literacy and parents have followed suit.
    And Harlem is as poor as a lot of places in this country.

    More importantly, having a computer and an internet connection is immediate distraction from poverty. When I was a kid, and to this day, cable penetration was very high, especially given that we had the second lowest per capita income in the city. It's the same reason drugs flourish in poor communities. When you're poor, you pay a premium for distraction. Computers these days are a relatively cheap distraction.

    and so you understand, I remember times when my computer was new and our refrigerator was empty. I can imagine it not being different now for some kids in Harlem and other poor places in the country.

    --
    un burrito me trampeó.
  49. Re:They're felons, they have no rights. by Baorc · · Score: 4, Insightful
    The problem with your argument is you are saying that we shouldn't whine about any crime's consequence because we just shouldn't do it. Well this goes on a broader range, let's say I take your argument to another degree and say that all crimes should be punished with the death penalty. Do you see the flaw in your argument now?

    But one of the best arguments I have against all death penalty (including murder) would be in the case of the conviction of an innoncent person. This speaks for itself. To avoid killing one innoncent person is worth not having the death penaltly at all.

  50. Why Stop There? by NickFortune · · Score: 4, Insightful
    Death for virus writers. Whoo. Why'd no one think of this sooner?

    And we don't have to stop there. Let's do the spammers too. They are the ones who profit. And the DDOS cartels; death to them too.

    Lazy sysadmins who fail to patch their servers promptly: they're costing industry millions. They gotta die.

    Who else? Howabout billionaires who aggressivley market insecure operating systems? It's all their fault, after all. Sayonara, Billy-Boy,

    And as long as we're motivated by financial loss, let's have people who download illegal MP3 files. Get 'em up against the wall! Offering movies over BitTorrent? Off with yer head! Run Warez? Bye-bye! Say "Hi" to Bill for me...

    What else can we do? Employee sickness costs billions to industry. Let's have the death penalty for catching a cold! It doesn't just serve as an incentive - it improves the gene pool as well!

    How about criticsing the government? I'll bet millions are spent on spinning the facts every time some ungrateful fool goes and blows the whistle. Let's string 'em up today!

    Think you're clever writing open source software do you? you're costing illegal software monopolies money with every line code. Don't think you've escaped our notice.

    Oh, and let's include mindless trolls who write idiot stories for major newspapers, and the brain damaged editors who dignify such claptrap by printing it. Let's off them as well. I can't think of a good reason why, but in amidst all this bloodshed, who the hell's going to notice?

    +++ SARCASM OFF

    --
    Don't let THEM immanentize the Eschaton!
  51. Re:I agree. The very idea of such a penalty is evi by BackInIraq · · Score: 2, Interesting

    Should the punishment for releasing a virus be tough? I don't think so. I think that it is a pretty benign "crime". It is crucial that we keep a sense of proportion when discussing the sentencing stage of justice.

    Considering both the money lost by business and disruptions to things like air travel, I'd say it's far from "benign," and definitely a crime. Death penalty? Hell yeah. But something harsher than a few months' worth of suspended sentence was in order on this one, IMO.

    Kids, creating computer viruses has VERY real consequences, and should most assuredly be a crime, and the kind that involves actual prison sentences...the kind where you really go to prison (the length of these sentences should, of course, be determined largely by both the damage caused and possible damage caused, within reason).

    But yeah, this guy is an asshat for even bringing up the idea of the death penalty in this case.

  52. Re:An eye for an eye and all that by A.K.A_Magnet · · Score: 2, Informative

    Damn! I just modded up another comment and sorry for the poster but I can't read THAT and not tell you that you are simply awfully arrogant to think that Gandhi didn't know that!

    The "an eye for an eye" thing is an old jewish law called the Talion Law, and damn EVERYBODY ON CIVILIZED EARTH knows that! I'm sure Gandhi did, too, you know... It was made even more famous by the very opposite philosophy proposed by someone you may have heard of, who said "If someone hits you on one cheek, present the other" which was a reversal from the then current (violent) doctrine. It's a fundamental difference between old judaism and early christiannism (which has now become quite irrelevent in both religions). Of course it dealt with justice and reparation, but in an excessive way, and it's clear Gandhi was cultivated enough to know all that.

    Gandhi's saying was just a well found formula to reject the world's massive use of the violent justice, as seen in death penalty, zero tolerance, fascism, and of course in his case, expressed that Indian should not take on British with violence, looking for vengeance, but pacifically (and it did work). I think it's a great analogy.

    Maybe our views differ on the subject, but anyway I just had to tell my point of view, now take it and do whatever you like with it :). I don't think, of course, you didn't know the Talion law, but still it's a little arrogant to think Gandhi didn't know that, only based on what he said and looking ridiculously to it without seeing that it's just a great piece of rhetoric.

    Just have a look at Gandhi's page at Wikipedia to see that he was well aware of the "civilized world" and its religions, having studied in London.

  53. Re:I agree. The very idea of such a penalty is evi by Cpt_Kirks · · Score: 5, Insightful

    You know, on a global scale, how we define "poor" and "poverty" is kind of silly.

    I have read that ~90% (seems high to me) of the world's population has never made a phone call. Probably a majority of people in the world have substandard food, water and shelter.

    Yet in the western world, we define "poverty" as not being able to afford broad-band, or only having one game console, or only having basic cable.

    Unless the parent(s)are total crack-heads, do any kids in the US REALLY go hungry? Call me a right wing fascist, but I find that hard to beleive. Food is cheap and plentiful here. You may not be able to afford steak, but most of the world lives on rice and beans, if they can get them.

    We are SO spoiled.

  54. Great Idea! by Irvu · · Score: 2, Interesting

    I'll begin spelling out the sentencing issue then get onto the humour.

    Extrme Punishment
    Really, I'm not kidding this is a first-class idea. After all extending sentences to the point of life has worked so well for us in the War on Drugs! Really, you may think I'm being sarcastic but I'm not.

    Over the years we have steadily increased the minimum punishments available for certain crimes on the general assumption that more fear for the criminals is better. This has reached an extreme in places like California whose 3-strikes law mandates that all triple felons (tax cheats and teenagers using the wacky weed included) go to jail For Life.

    This benevolent program has blessed the state with a large and growing prison population that can make things like license plates, or just sit around and be a drain on the economy when they are no threat to anyone. It has also given California a large commercial prison system which cost the state untold dollars, and employs many fine and underpaid guards as well as passing large amounts of money off to contractors to build ever more large and dangerous prisons.

    At present the state has found that by diverting at least drug addicts into treatment rather than the 3-strikes system they save as much as $300,000 per.

    Moreover, despite ever-tougher sentencing there is no proof, in California, New York or anywhere else that these sentences have acted to reduce crime in any meaningful sense. One could argue that people should be afraid of the law and I will grant you that people are but there is no evidence that I have seen which proves (in a meaningful sense) that this changes the actions of criminals in any overall sense. Crime existed before, and it still exists.

    As to the death penalty, despite normative arguments to the contrary there is no hard evidence that it has deterred even one criminal. States that use it have as much or more crime than those that don't. Similarly, states that have abandonded it (Illinois) have seen no attendent growth in crime. One could argue that this is a fluke I suppose but one cannot argue that it is positive evidence for the penalty.

    At best the death penalty gives us a "Cathartic Release" as one author put it. But as Illinois' last governor noted that catharsis is not worth the lives of innocent people who are executed. And make no mistake, innocent people sometimes do get sent to jail.

    So yeah, in light of the staggering evidence that meting out unreasonable and excessive punishments does nothing to reduce crime but only costs us unreasonable amounts of money and, probably, gets in the way of real solutions to our problems, I think that we should dive headfirst onto that rock.

    Humour
    The real purpose of the column, I suspect, was not to advocate the death penalty (but you never know) I suspect that it was really his attempt to make humour out of the situation (smelly socks) and to complain that the Germans aren't punishing their crackers enough. This is, as I see it, basically a joke. The problem is that at the core of the joke is the idea that more extreme sentencing is needed.

    While the cathartic joy of knowing that the latest Sasser guy is sent to AOL's Helldesk for life is there that relly won't help anyone but AOL.

    Personally I favor the idea of community service (perhaps more than 30 hours perhaps not). I want to see someone who causes such destruction help others in a meaningful way. I want to see them giving free computer classes to children in public schools, or helping libraries to setup their systems (under supervision) or help build something of value.

    The bottom line is that there are two ways to think about crime and punishment. The first is to seek catharsis, to salve the basic desires for vengance or some public demonstration of retribution. This view favors things like the death penalty and lends itself to the state of affairs we have now, ever increasing prison terms, ever increasing pri

  55. 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.
  56. Is this guy physically retarded? by iwadasn · · Score: 2, Insightful


    Here's the problem. Design a system that is completely succeptable to malicious people, and be shocked when somewhere, among the 6 billion people out there, one is malicious. Here are your two solutions....

    1) Make the system less succeptable to the darker aspects of human nature.

    2) Just take out your fury on the guy who installed seti at home on a work computer.

    In the physical world, this argument doesn't even pass the laugh test. Lets say there's a military base, but it has no fence around it. When children wander in and screw with things (perhaps causing serious damage), they are shot. That's hardly a solution. Put up a fence so some five year old doesn't wander in and drive a tank on the freeway, then maybe talk about giving more severe punishments to organized and competent attackers.

    Here's another example. At Columbia a few years ago, an elevator in one of the dorms plunged several floors, though fortunately nobody was hurt. They had to repair the elevator. Let's assume that the cost of this came out to $100,000. Columbia blamed the students for jumping up and down in the elevator, nobody knows if those claims are true. In the end, it doesn't matter. An elevator is a moving piece of floor, if jumping on a piece of floor endangers you and causes damage to the building, it's the designer's fault, not yours. If you try to steal $100,000 from a liquor store you'd be shot, should you be shot for jumping in an elevator? No, because reasonable precautions would have prevented that. Save severe punishments for serious malicious attacks that threaten human life and for which there is very little that can be done. If you can build a fence, or a decent elevator, then just start with that, and worry about your bloodthirst later.

  57. Re:I agree. The very idea of such a penalty is evi by ThosLives · · Score: 4, Interesting
    That's an interesting description of 'poor' on several accounts. Mostly I'd note that it's pretty poor that people somewhere deemed computer literacy more important than food and self-sustaining trade skill education. Obviously they understood the importance of education in breaking out of the poverty cycle, but it seems a little misplaced to me. And you had cable but no food? That seems as much a crime as drugs to me.

    The contrast between urban poor and rural is also kind of striking; rural poor don't bother with any of the 'distractions' - they are too busy actually out working in a field somewhere to grow food, repair their house, etc. Rural poor actually make it a point to try and not have to depend on the government to get them out of dire straits - a marked difference from urban poor (observe: red counties vs. blue counties). In fact, sometimes it's hard to define what rural poor really is: I've known some people who by most measures were dirt poor, but they: owned a piece of property, had a house, had enough food to eat, and had enough running water and resources to not be stricken by disease, and enough surplus to have free time to go on nice trips around their area (the Appalachians). And these folks were not uneducated either. The big difference is that they didn't worry about gadgets, television, the latest fashions, whatever. They were content with what they had, and they had enough to not live a life of hardship. Yes, they had to work, but were they poor? In some ways I think they are richer than I am.

    --
    "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
  58. Re:They're felons, they have no rights. by cool_number_9 · · Score: 5, Insightful
    might also comment on your view that the fact that a system could punitively execute someone for a crime they did not commit renderes all executions unacceptable is dangerous, because what is to stop folks from applying the same logic to lesser punishments? For instance, is it worth not having prisons to avoid imprisoning one innocent person?
    The thing is... while society cannot restitute the lost years of someone being innocently locked up in prison, it is possible to

    a) give the person back his/her freedom back and
    b) compensate this time-loss by other means, e.g. money.

    In case of the death-penalty there... welll, there is just no way to undo that, now is there? One could think of compensating the relatives, but that won't do any good for the poor sucker who's just been fried/injected/shot/hanged/eaten by ants.
  59. Re:They're felons, they have no rights. by 3terrabyte · · Score: 5, Insightful
    I disagree. Stealing a loaf of bread (so as not to die of starvation) amounts to cutting the theif's hands off in some countries. You like that idea?

    So what should hacking amount to? 7 years ago I was accused of hacking by a police officer because I told him I was programming on a Mud that was based in another state.

    Hacking could easily be described as anyone who logged into another server with someone else's login/password. (Logging into NYT's web page with bugmenot) Deserves the Death Penalty? I think not.

    So what DOES constitute a death-penalty hacking event? Something that causes a company 1 million dollars worth of lost profit? A life is worth that? Ok, how about 1 billion dollars, or a kazillion? Problem is, ****ALL**** companies, the RIAA, MPAA, and BSA have lied and and inflated their so-called losses by a gross amount. How can you put a life of a person in the hands of corporate greed?

    There are OTHER things that need to be fixed first. I don't see how a multi-criminal rapist would get an easier sentence than a kid who altered a VB script that was already out there. I don't see how this whole article could even be considered when the crooks at Enron get off without the death penalty first. Truth is, the author is just pissed off his computer crashed one day I'm sure.

    --

    Why are there only 19 people folding@home for slashdot?

  60. Re:I agree. The very idea of such a penalty is evi by gcatullus · · Score: 2, Interesting

    If only I had mod points - the parent post states succinctly something that I was always amazed at. That the "poor" pay a premium for distraction. I never understood why the people with the least disposable income seem to "squander" it on lottery tickets, drugs, flashy jewelry, overprice automobile accessories, etc. But the parent post summed it up well, these things all give you a momentary jolt from your painful circumstances. I can see the same parallels with the "poor" kids of decades ago seeking escape in libraries. Would we begrudge a child ten paperback books or a bargain basement Dell pc?

  61. Penalties, Punishments, and Crimes... by zev1983 · · Score: 2, Interesting

    Well, I was going to post a rant on how these the person writing this, and the academic cited in the headline were calling for the death penalty when far greater crimes against humanity are going unpunished than wasting peoples time and money cleaning virus and deleting spam. But my problem with it goes much deeper. The academic in the article seems to be confused with the terms business and society. He states that hackers do more damage to society, per hacker, than murderers, monetarily. He uses this to say it is more logical to give the death penalty to hackers. In most of the statistics I've seen regarding spam and viruses they usually pertain to businesses, not to society. Since he's using the amount of monetary damage inflicted as a means of determining whether someone should be put to death it would seem quite logical by this reasoning to put several of the board members of Enron to death. They after all stole billions of people's pensions and precipitated a massive drop in the markets and various other large scale effects. The stock market dropped more after Enron than it did after 9/11.

    I believe the academic wanted to make a point that perhaps harsher penalties are warranted, but the two crimes he chooses are so different that his argument looses much of it's meaning. He chooses murder, the taking of a life, which capitol punishment has not shown to be a deterrent of, which he compares to an action that is sometimes an immature prank by a teenager or a means criminally disseminating unwanted advertisements or illegally obtaining financial information for the purpose of fraud. I didn't know the two had reached a level where they were comparable in harm to society. If he wanted to bring up another crime to compare it to he should have chosen corporate fraud. It is more similar in it's effect, and it more measurable in it's effect. I seems he just used murder to make it sound more sensational, and to garner more attention.

    That's where I have a problem with this academic. He's trying to gain attention for the problem he's studying (and possibly himself), but ends up framing all of society in monetary terms, devaluing life, and everything else society entails in the process. It is not very smart to devalue the thing you are trying to protect in trying to make a point. But this is just more of the monetizing of life which is now so prevalent in this corporate dominated culture.

    Murder's price derives from it's effect on the family of the victim, it's effect on the surrounding area, even the effect on the perpetrators family, and I'm not going to try and quantify the cost of a human life here. Areas with high murder rates also can become seriously depressed and impoverished, sometimes extending to effects on entire regions. There are of course monetary costs involving incarceration and court costs, but to bring down human life to level of spam is insulting at best, and shows the weakness of his argument when referring to costs to 'society'.

    Here is where I realized I agree somewhat with the author's proposition of what he refers to as 'something worse than death'. While I don't agree with the worse than death portion, I do agree that the punishment should involve undoing or at least repairing some of the damage that was inflicted in the crime. It just doesn't make sense to lock someone up for years on end, encuring yet more financial cost to the government and taxpayers, when a more appropriate form of punishment would be a long term of some sort of community service. It would benefit both society and the individual much more than simple encarceration. As for deterrents, that's anyone's guess.

    It also occurred to me in writing this that perhaps the academic's true intent was to make point that would shock people and hence stimulate debate, sort of like Ward Churchil. If that is the case then I might not have a problem with this, but I doubt many people will think that far into this.

    I apologize for any bad editing, I've been writing this in between labeling, folding, stuffing and posting 200+ envelopes. Now that is a punishment worse than death...

  62. Re:I agree. The very idea of such a penalty is evi by aslate · · Score: 2, Informative

    There are two types of poverty:

    Absolute Poverty: The inability to live off you income, afford food etc.

    Relative Poverty: Those earning under 25% of the median income of a country.

  63. The issue here is the importance of obedience. by karlandtanya · · Score: 2, Insightful
    There are at least two schools of thought on this:

    The authoritarian view is that the law is absolute. No infraction is acceptable and the importance of the law always trumps the importance of the individual.

    In this case, the concept of an "unjust law" is meaningless. If the law says I can cause you harm, then I can do it. If the law requires you do something that is harmful or evil to you, then you must do it. If you disobey or complain, it's you, not the law who are wrong. The law is never wrong.

    In the context of this particular discussion, collective punishment becomes significant. The idea is that some particular group of people, as a whole, is perceived to be bad for society. (again, avoiding the oh so tempting inflammatory examples!). When an individual member of that class is caught breaking the law, they are held accountable for the perceived harm caused by the entire class.

    The absolutist view appeals to our sense of righteousness. Holding one idea and never under any circumstances questioning that idea gives us a sense of surety. (there's a word for that; can you name it?).The promise is that with perfect compliance we will have peace and safety. Give us, your leaders absoulte powers and provide those who we will point out for you these extreme penalties and we promise you safety, security, peace, and quiet.

    What is delivered, however, is never perfect compliance. So we feel moral outrage. We were lied to! We know what's right, and it's the law. So, it must be the violator who is wrong. Obedience is an absolute.

    The penalty for disobedience becomes retribution, not justice. The motive for this penalty is moral outrage, not concern for society. In this context, the harshest possible penalty is perfectly reasonable. And, as morally outraged people, we dissociate ourselves from the person we penalize. They are not like us. We can do anything we like to them. Our judgement will never be applied similarly to us because they are wrong and we are right.

    The pragmatic view is that society can tolerate a certain amount of non-compliance from its individuals.

    This non-compliance, beyond being simply tolerated, is valued and honored with terms like "civil disobedience" and "conscientious objection". When the law is no longer absolute, the term "unjust law" has meaning.

    The idea here is that a violation of the law is a discrepancy between the perpetrator and the law. Maybe the perpetrator is wrong. Maybe the law is wrong.

    Here, the justification for any penalty is the good of society. Do we punish this person for what he did? For what he might have done? For what he might do in the future? These are decisions that we have to make now--judgements, not application of an absolute forumla.

    When we make these judgements, we must also realize that the person we are judging could be one of us. That person is, actually, one of us. The disobedient member of society is no longer a moral outcast, and that means that whatever penalty we pass on him could be applied to us. Maybe we do choose to penalize the individual. Maybe he has harmed us. But it's not quite so easy to dismiss our frustration by beating up on a guilty person.

    This mindset considerably devalues obedience for the sake of obedience. In this view, law provides that if a violator causes harm he is punished. But, typically, if the harm is less significant, even if the law has been broken, the penalty is similarly light.

    The cost to individual freedom is taken into account when laws are written. It is possible for the lawmaker to say "it costs more of our individual freedom than the value we get by controlling this behaviour." The law then provides some incentive for obedience, but disobedience is expected and largely tolerated.

    The cost of this view is that the individuals, being placed

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  64. Re:I agree. The very idea of such a penalty is evi by Valdrax · · Score: 4, Interesting

    Unless the parent(s)are total crack-heads, do any kids in the US REALLY go hungry?

    Yes, yes they do. Not many do, but some extreme cases do. There are a lot parents who you might call "total crack-heads." My sister works as a teacher at an inner city school, and she sees a lot of this sort of thing. Some kids only get a school lunch as a reasonable meal.

    In the projects, there are two essentials -- a car and cable. Properly feeding and clothing your kids is secondary. It's not surprising given that most "parents" in the projects are stupid kids who got pregnant at an early age and never really learned how to fend for themselves. These are people who have no job skills and no initiative to improve themselves since they see every other pathetic loser around them as the status quo. They have no role models other than the flashy celebrities on the TV living hedonistically for little hard work (making music or playing games). As long as they're having fun and looking cool to their peers, everything's good.

    The kids (most of whom weren't wanted when the mother got pregnant) are treated as an burdensome obligation in many cases. They're taken care of just as well as any other unwanted chore is -- that is, shoved off on a grandparent or even another child. My sister has seen a six year old left at home alone to take care of a two year old. (Poor girl got put in a foster home where the foster parents didn't care about her either and just wanted to spend the welfare check for taking her in. I digress.)

    We are SO spoiled.

    Exactly. This is why this sort of thing happens. If the parents honestly had to work to survive and didn't have their own parents to fall back on, I think these kids would be a little better cared for. For the most part, parents in the poor neighborhoods DO feed their kids, but the cheap crap they feed them isn't healthy for them. This is why obesity is on the rise fastest in the poorest areas of the nation. How much does a good healthy meal with vegetables cost vs. McDonald's. You do the math.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  65. more nuance by uberjoe · · Score: 2, Insightful
    You may have a point about the ubiquity of food in our culture, but I would point out that while food may be cheap and omnipresent, most of it is processed, fatty, salty nutritionless garbage. QUALITY food which is actually healthy can be hard to find or too expensive for the truly poor.

    If you don't believe me just take a look at your local Whole Foods Market, or as I call it Whole Paycheck Market, and compare it with the stuff that you could get in a foodbank.

    --

    The days of the digital watch are numbered.

    1. Re:more nuance by BewireNomali · · Score: 2, Interesting

      agreed completely. its why i made a point of noting that we'd steal chips from the store. that qualified as food for us.

      i can give you an example of a meal. we might split a big bag of potato chips and get these things that we called "quarter waters" - these little plastic jugs of flavored sugar water with artificial flavor. Two kids could eat for $1.50-$2.00.

      another poster made a point of discussing the rise of obesity in poor neighborhoods.

      An interesting study has been done on obesity in New York City. The upper east side is the leanest place in the city (also the richest, per capita). Harlem is the fattest. The border is east 96th street. The rates of obesity and associated degenerative disease quadruple when you CROSS THE STREET. Much of it is due to availability of foods or lack thereof.

      --
      un burrito me trampeó.
  66. Re:They're felons, they have no rights. by Baorc · · Score: 2, Insightful
    There is also the flip side: is it worth killing 1 innocent person to prevent the death of 10 innocent persons (for this I mean by having a system that has the death penalty you execute an innocent as well as some guilty who would have killed 10 if they were not executed)? You must be very careful when using reductio ad absurdum.

    There is also the argument of the scientist where if he had the choice to kill one innoncent person to find a cure for cancer, would he do it? The answer is most likely no. And personally no I do not agree in killing an innoncent life to save others, because if we do take it case by case, it is obvious that if you killed the innoncent guy, than the real guy is out there and your death count is at 11 (innoncent dead convicted guy + your 10 victims that have been killed by the original killer.) And besides that, if the guy is locked away for life, there isn't a chance that he goes out and kills again.

    I do agree though, with a punishment that fits the crime but you have to be careful. We have to take into account alot of different factor, for one, the age of the criminal, in the sasser case, 17. Now do you really think that it's fair for him to serve a lifetime sentence? And here is where the kicker is, who gets to decide what is fair? Well for that you've got the jury to thank. But like everyone else, juries are made of people, people aren't perfect, they make mistakes. But I would rather see a mistake that doesn't involve the fate of someone's life.

  67. Death for computer hacking is a bad idea by Simonetta · · Score: 2, Insightful

    Over harsh punishment for computer crimes is a bad idea.

    1) It's too easy to make someone else look guilty. If you like the girlfriend of the guy in the next cubicle, buy a virus from your local friendly illegal substances dealer and make it appear that it was originated by the guy in the next cubicle. Then offer your most 'deepest' condolences to his newly-available girlfriend.

    2) The hackers/virus specialists aren't the cause of the problem. The problem is poorly designed and written operating systems. Killing people who develop applications for the OS isn't going to help fix the OS.

    3) The courts can't differenciate those who develop rogue code for 'national security' regardless of the nation from those who write it for amusement or corporate interests.

    The best way to deal with virus writers is to make them liable to civil lawsuits for the damage that they cause. Straightforward tort law. Any 17-year-old hacker who realizes that he is going to have to write database front-ends in Visual Basic for the next thirty years to pay off the damage his cool virus has done will reconsider releasing it.

    Also remind business leaders that using proprietary operating systems exposes them to underground attack because there isn't an open feedback loop where thousands of qualified people are constantly examining the OS source for flaws.

  68. RTFA -- this is not insightful by JavaRob · · Score: 2, Interesting
    Someone who can stick a price on human life, or argument for improving the economy by killing people deserves no respect from me.

    This "journalist" did just that.

    The article is pure flamebait.


    Someone who can make an outraged (outraged!) post about an article based on a Slashdot writeup might not deserve so much respect either....

    The journalist you're scorning (John Tierney) was very clearly NOT advocating the death penalty. He discussed an interesting report made by an analyst putting things in perspective -- i.e., that if you look at the penalties purely from the standpoint of saving society money, a death penalty for serious "hacker" crimes is much more logical than the death penalty for murder. Then he dismissed this as (rather obviously) impractical:
    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.
    ...and went on to make his own quite funny, alternate suggestions.
    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.
    This is NOT, repeat NOT an article that warrants outrage. The "hacker vs. murderer" comparison certainly makes for interesting discussion fodder (about what criteria we should *actually* use to decide punishments), and it can be fun to think up other good "punishment befitting the crime" penalties for virus-writers, spammers, etc... but no outrage in sight.
  69. Junk Columnist by Corydon76 · · Score: 4, Interesting
    Everybody (and Slashdot) just got played. This is par for the course for John Tierney. He lives to make really stupid suggestions in his columns, just to get people to respond. It's his own way of feeling important in the world. If enough people ignore his garbage columns, he will eventually go away.

    For more perspective on this, and to see some of the subjects of his past columns, see here.

  70. Ob Historical Note by jd · · Score: 2, Interesting
    In Victorian England, they discovered an interesting relationship between crime and punishment. As punishment became more severe and more vile, so did the crime. After some time of this, they started reforming the system, improving conditions and lessening the harshness. The crime levels went DOWN.


    Over time, prisons became run-down and overcrowded. Conditions worsened. The situation boiled over, several times - perhaps the most dramatic was the Strangeways rooftop protest. At about this time, you again see an increase in crime and violence that matches the deterioration of the penal system.


    The only obvious conclusion is that deterrence and punishment, per se, have no value in themselves. The idea, then, that by making these worse for hackers we can eliminate "cybercrime" is absurd. We have absolutely no evidence to back such a claim, and quite a lot of evidence that it is very unlikely to work.


    So, what would I propose? I would suggest giving those who carry out such crime some therapy on the off-chance that the talent is being misused because of emotional dysfunction. I would also suggest education, to convert the talent into a marketable skill. Combined, these would still be cheaper than a US-style execution and even if only that 0.02% he talked of could be turned into high-grade talent, the country would actually turn a profit on the whole deal.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  71. Re:comments on TFA by interstellar_donkey · · Score: 2

    the writer generalizes "hackers" to be basement dwelling teens whose lives revolve around video games. He says that death row will scare the a good many into submission. How exactly will imposing a lasting example of oppression reduce feelings of teen angst against "the man"?

    And you hit the nail on the head. Your typical teenager who is dissatisfied with society will rebel in a destructive way. Computers allow them to easily do that. Telling them "if you write this piece of code, we're going to put you on death row where you'll become a minor celebrity" would probably do little more then make the handful of teens on the borderline of total anti-social behavior go full throttle in seeing who can be the first to produce the first death sentence virus.

    What makes matters worse is the law has zero punishment for "the man" doing the exact same thing. Whereas a teenager who writes malicious code which by design finds its way into an unsuspecting remote machine without explicit permission, jeopardizes security and degrades efficiency is a "criminal", a company which does likewise under the guise of "marketing" and produces spyware which secretly finds its way onto millions of remote machines is blameless under the law. The unintentional, but very loud message becomes "If you're doing it for fun, you die. If you're doing it to make money, you're fine".

    I'm not a disenfranchised teenager, but I can't see how those who are would find this kind of message a deterrent.

    --
    The Internet is generally stupid
  72. Isn't "E" redundant by hey! · · Score: 3, Insightful

    C) A five-year ban on using computers.

    ...
    E) Something worse [than death]

    Seems like E is redundant for the population in question. And, by the way, I buy this assertion completely:

    Hackers are the Internet equivalent of Richard Reid,

    This is indisputably true. And having your network DOS'd is also the Internet equivalent of having your body blown to bits over the Atlantic. For that matter being forced to concede in chess is the gaming equivalent of having your country forced into unconditional surrender.

    Where we get into trouble is figuring because situations are analagous they must then be equally serious.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  73. Perspective by TechnoGrl · · Score: 2, Interesting
    Deterring a mere one-fifth of 1 percent of those crimes - one in 500 hackers - would save society $100 million.
    You want to save society some money?

    In 2000 Micro$oft paid ZERO Federal taxes.
    For the last FIVE years before Enron becoame defunct it also paid ZERO Federal taxes.
    Boeing corporation, in 2003 paid ZERO federal taxes as well.

    That's right - YOU paid more federal tax a few years ago then fricking M$, Boeing or Enron.

    You want to save society some cash?

    How about we start knocking off a few corporate monopolists before we start on the script kiddies?

    --
    ----- In Your Cubicle No One Can Hear You Scream...
  74. Utopia. by Amiasian · · Score: 2, Insightful

    I remember reading Moore's Utopia a while ago, and one of the more interesting ideas in it went something like this:

    If all crimes, regardless of severity, were punished equally, there would be no incentive not to commit more serious crimes.

    In other words, if a "hacker" knows the death penalty is the consequence, what's to stop them from using deadly force in their defense? Murder usually equals the death sentence, and since death is already a given for being a hacker, there is no loss for choosing to kill.

    For getting a reaction, I commend the author. I commend them in the same way I'd commend John C. Dvorak. Well done, good troll, but your opinion is ultimately moronic.

  75. Re:They're felons, they have no rights. by Baorc · · Score: 2, Insightful

    You have reached an illogical conclusion.

    I probably approached this the wrong way. What if it was someone you knew that you had to sacrifice? Could you tell them? Could you kill them? Though on an impersonnal level, I would agree as well, but I would have much more trouble making it someone I know. I guess that's in a human's nature to be greedy.

  76. Re:I agree. The very idea of such a penalty is evi by DM9290 · · Score: 2, Insightful

    "In many ways our justice system makes victims out of the perpetrators of crimes when the punishment is way out of proportion to the actual crime committed. When that happens, the justice system is perpetrating an injustice on the person found guilty in court."

    When that happens the justice system is no longer a justice system at all but merely a means of oppression. But worse, it exercises oppression not only over those "convicted of crime" (which itself would have little meaning in an unjust system), but also all people who must live under the yoke of oppression and the threat of being unjustly victimized.

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  77. Re:They're felons, they have no rights. by ShieldW0lf · · Score: 4, Insightful

    I have to somewhat agree with the ancestor posts in that when you commit crimes you are effectively saying that you don't want to adhere to the social contract established, so I don't believe a criminal is entitled to all the rights afforded to non-criminals.

    It's a social contract that has to be accepted by the majority to work. Think about it.

    You impose the death penalty for murderers. 0.01% of the population is now anti-social and has a vested interest in laying society low.

    You impose the death penalty for theft. 10% of the population is now anti-social and has a vested interest in laying society low.

    You impose the death penalty for copyright infringement. 90% of the population is now under threat of death for their normal living behavior and has a vested interest in laying society low.

    At this point, the majority of the people are now anti-social. Sometimes this means rebellion, sometimes it means subversion, but it eventually means the end of the society unless things change.

    The social contract is where we all agree that this is the way we want to behave and the way we want to live. If it ceases to be about wanting to comply and becomes something handed down from on high (like the current trend of corporate-bought laws) then it's time to burn the rulebooks and start fresh. Personally, I think we're going to see that time arrive before we die. You can see signs of it all over the place. People don't respect the system. Instead of being precious and treasured to them as it should be, it is generally resented, subverted and ignored. This is all in addition to an ever rising level of violence by the general populace, both against each other and against representatives of the system (terrorism anyone?).

    Figuring out the precise way to live and act that produces maximum economic productivity for the benefit of those who control the means of production and using the threat of law (which amounts to the threat of violence) to force everyone to comply is not the way to run a society, at least not in the long term. If it's harming the many for the benefit of a few, that is by its very nature anti-social. The way to run a society is to strip it down so that the laws reflect the way most people wish to live.

    Killing people who refuse to behave in a fashion that increases profits for businesses does not seem very social to me. As a matter of fact, it sounds a lot like the kind of slavery that lends moral justification to "Killing the Masters so we can be Free".

    Think about that the next time you lend your support to these fear-of-death type laws. Could be a day when you're the one in fear of your life because your lifestyle is no longer approved, or could even be a day when you're the one being slaughtered by those former-slaves-to-the-system you placed in that position with your support.

    Intolerance kills.

    --
    -1 Uncomfortable Truth
  78. another idiot, another day by maxpublic · · Score: 2, Insightful

    Sounds to me like this asshole properly failed to secure his computer, got hit with a virus, and now wants to go on a government-sanctioned killing rampage against everyone he believes is the source of his irritation.

    Hey, if we aren't going to dick around why not just make ALL 'serious' crimes punishable by death? And while we're at it, let's harvest the organs of these evil lawbreakers and use them to save the lives of countless upright citizens! I think Niven had something to say about that....

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  79. Re:I agree. The very idea of such a penalty is evi by hackstraw · · Score: 2, Insightful

    You know, on a global scale, how we define "poor" and "poverty" is kind of silly. ...

    Yet in the western world, we define "poverty" as not being able to afford broad-band, or only having one game console, or only having basic cable.


    Waaay offtopic, but lets play.

    Poor, rich, poverty, money, and all of that are manmade objects. They are not real in "the real world". I would bet that a motivated homeless person eating out of trashcans here in the US can probably eat better than a majority of the people in the "3rd" or "4th" world countries.

    Poor, rich, and all that is relative. Being at the bottom of any list is not desirable. I used to think the same thing, that the US people don't know poverty, but if you've ever had the pleasure of really knowing a poor person, wow. They are different, and at the bottom for a reason.

    If you can't afford broadband and other junk, you are not as skilled and successful as other people comparatively, so your respect and dignity goes down in comparison of those people. Its that simple.

    Also, a trick to remember is that poor is a state of mind, its not a level of the amount of money you have. If I were to rob Bill Gates, the richest man in the world, and leave him pennyless, I doubt he would instantly become "poor". On the inverse, I don't consider people with no money by choice poor. Take Jesus or Mother Theresa as examples. To my knowledge neither of these people had cash, but they are not poor icons, nor are they ever considered poor.

    Remember, poor people suck, just ask Kenny.

  80. Re:I agree. The very idea of such a penalty is evi by PeterBrett · · Score: 2, Insightful

    How much does a good healthy meal with vegetables cost vs. McDonald's. You do the math. In the UK, a McDonalds meal is £2-3 IIRC (I never eat there). I can easily cook a healthy nutritious meal with high-quality ingredients for £1.50 a head - and the more people to feed, the cheaper it gets. So for a large poor family (like mine used to be) McDonalds is (relatively) expensive.

  81. Re:I agree. The very idea of such a penalty is evi by Cpt_Kirks · · Score: 2, Interesting

    Jeebus, where did you come up with that number? More than one in ten Americans are homeless?

    A quick Google gave me a total of about 600,000.