Slashdot Mirror
Does Hacking Grades Warrant 20 Years in Jail?
While there have been many students who decided they would rather change their grades than come by them the usual way, the punishments for the most part have been pretty reasonable. However, the latest chapter in this type of behavior finds two culprits facing a $250,000 fine and 20 years in jail based on the number of charges leveled against them. "The guys have been charged with "unauthorized computer access, identity theft, conspiracy, and wire fraud." Obviously, these guys did a bad thing, but it's hard to see how the possible sentence matches with the crime. Of course, it seems unlikely that any judge would give them the maximum sentence, but even hearing that it's possible just for changing your grades seems ridiculous."
TFA and the post author confuse the issue by saying that these guys are getting punished for the end result (changing their grades), rather than the method (hacking an admin account, using that access to hack other accounts, stealing privileged information, AND taking cash to change someone's grades).
Imagine some jerkwad walked into a 7-11, got a Slurpee, tried to walk out without paying for it, then shot the clerk when the clerk confronted him. Then imagine the Slashdot article saying "this guy could get the death penalty just for stealing a Slurpee."
That's an extreme example, but it gets my message across. They're being prosecuted not only for what they did, but how they did it.
Also, if you read the original press release from the DOJ, it states: "The charged counts carry a maximum punishment of 20 years in prison and/or a $250,000 fine. However, the actual sentence will be determined at the discretion of the court after consideration of the Federal Sentencing Guidelines, which take into account a number of variables, and any applicable statutory sentencing factors."
So even the Feds, while stating the maximum possible sentence (probably for the deterrence value), are admitting that the actual sentence depends on a lot of factors and probably won't be the maximum. Although giving these guys double-dimes in the pen would send a message.
Start a happiness pandemic
Here's the article at InforWorld.
Where I once worked we had a couple of student workers change their own grades, one caught after she had been accepted at University of Michigan, for which she was undoubtably given a right boot in the arse from them after we notified them she had changed her grade. She may well have displaced the next student in line, who was now elsewhere or changed majors as a result of not being accepted. Certain schools only take so many into a programme each year.
The consequences of changing grades can be dire. How about someone receiveing an engineering degree who doesn't really have the solid math background required, but had a friend who worked in the college records office.
We also sacked a student who changed her grades so she could continue to receive financial aid. Hurts nobody, right? Wrong. How about the student who deserved it but all the money in the scholarship fund was given to others, including the one who falsified records.
I, too, doubt the judge would make an example of them. It will probably be a fine and some community service, along with the stain on their records for being convicted of a crime, which would doubtfully make a positive impression upon prospective employers, unless Enron and Arthur Anderson were still in business.
As to this article, Seems a bit of a "slow news day" post. Why not something about how Martial Law in Pakistan has resulted in severed internet connections and how people might be coping.
A feeling of having made the same mistake before: Deja Foobar
You are sentenced to school until such time as you earn the grade you created by hacking.
Complaining about the maximum sentence shows lack of experience with matters of law. There are many, many laws in various countries that carry a substantial maximum penalty for a crime because the crime _can_ be severe but it can also be ridiculously petty.
For example, most countries carry the crime "theft" on the books and if that country only has one statute for any sort of theft, the maximum penalty will look harsh if it would be applied to someone stealing a candy bar. However, one has to consider that the same statute also covers stealing millions from a bank in which case a sentence closer to the maximum could be justified.
That's why we have HUMAN judges, with all their faults, instead of just a computer that checks if all the conditions for the crime is met and just prints a "default" sentence, because not every case is the same even if they are punishable under the same law.
It's the standard MO of DA's these days. Pile on charge after charge until someone is looking down the barrel of 50 years for jay-walking, until they're very willing to take the plea-bargan slap on the wrist. Essentially torturing someone until they admit guilt. This way the DA doesn't have to actually work to convict someone while padding their resume with lots of convictions. Who wants to risk going before a capricious and tough on crime public, or worse, a tough on crime judge, to plead their innocence when they're looking at that much time? After all, if you were innocent you wouldn't have been arrested, right?
Yes, times have changed - people used to use their SSN's in public all over the place. Now, we know that this is like handing out keys to your bank accounts. Privacy about personal information is suddenly a (rightfully) important topic.
If TFA had been about someone at the school who let his laptop get stolen with all that sensitive information on it, slashdot would be full of people calling for his head. These guys break in, sell their access, and are suddenly martyrs because they got caught quickly, limiting the damage to changed grades? Bogus.
Also, beware the hyperbole. The court's job is to make sure that the sentence fits the crime, the listed penalties are maximums.
"I would do anything to pass this exam."
She leans closer to him, flips back her hair, gazes meaningfully into his eyes. "I mean..." she whispers, "I would do... anything."
He returns her gaze. "Anything?"
"Anything."
His voice softens. "Anything?"
"Anything."
His voice turns to a whisper. "Would you... study?"