Slashdot Mirror
UK Hackers Face Antisocial Behaviour Orders
ukhackster writes "The UK government has proposed that suspected cybercriminals could be banned from the Internet or have their PCs seized, even if they've not been convicted. These so-called Asbos have typically been used against teenage hoodlums or small-time crooks, but now they're gunning for organised criminals." From the article: "Asbos give the courts almost unlimited powers when imposing conditions on the person receiving the order. Under the Home Office proposals, the courts would have almost unlimited discretion to impose the order if they believe it probable that a suspect had 'acted in a way which facilitated or was likely to facilitate the commissioning of serious crime.' In a civil court, hearsay is admissible evidence, and the burden of proof is lighter than criminal courts."
There, I've said it. I am ashamed of my own government. I am disgusted at their blantant disregard for freedom, and the human "rights" they claim to champion. I abhor their reactionary, quasi-populist approach to law enforcement that will ultimately criminalise non-conformists. I denounce their fear-mongering, alarmist, despicable manipulation of the public (90 days' detention without trial? All your private keys are belng to us?).
UK Slashdotters: let's make sure we punish these lunatics at the next general election.
This refers to an antisocial personality disorder. This doesn't mean introversion, but someone who has no morals, remorse for wrongdoing or any capability of foresight. People with an APD are the stereotypical criminal masterminds or street-smart con-men. They are often charming at first, but their only motivation is their own desires. They can be fantastic at acting, pretending to be sorry, but see society as nothing more than a game to win, at any cost.
Diagnostic Criteria in the US
But yeah, this legislation is a bunch of crap.
I think you're misunderstanding how ASBOs and restraining orders work.
With a restraining order, the prosecution asks the Judge to command the defendant not to do a bunch of unplesant things. If the defendant ignores this, and does those things, and that is proven in court, then and only then does he go to jail
With an ASBO, the prosecution asks the Judge to command the defendant not to do a bunch of unplesant things, and sets some penalties, such as having his PC confiscated or whatever if he ignores the order. If the defendant ignores the order, and does those things, and that is proven in court, then and only then does he have his PC confiscated or whatever.
The judge absolutely cannot order the guy's PC to be taken away or whatever, without proving breach of the order in court.
So it goes to court not once but twice. Firstly the Judge has to ascertain that there is sufficient grounds for granting the order, and secondly a jury has to be convinced that the order was breached.
Your remaining reservations are equally as valid against restraining orders, which have worked well for decades without anyone having a valid problem.
Andrew Oakley - www.aoakley.com
Let's don't forget the upcoming European IPRED2:
...
Article 3 Offences
Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements, are treated as criminal offences.
Article 7 Joint investigation teams
The Member States must ensure that the holders of intellectual property rights concerned, or their representatives, and experts, are allowed to assist the investigations carried out by joint investigation teams into the offences referred to in Article 3.
Article 8: Initiation of criminal proceedings
Member States shall ensure that the possibility of initiating investigations into, or prosecution of, offences covered by Article 3 are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed in the territory of the Member State.
Here you find the list of responsible rapporteurs in parliament. If you think the formula infringement==crime is wrong it would be appropriate to take action now.
The source of IPRED2 is Jacqueline Minor from DG Internal Market, who also started the software patents directive project. Here she want to mess up criminal law of the member states.