Using Net Proxies Will Lead To Harsher Sentences

Afforess writes "'Proxy servers are an everyday part of Internet surfing. But using one in a crime could soon lead to more time in the clink,' reports the Associated Press. The new federal rules would make the use of proxy servers count as 'sophistication' in a crime, leading to 25% longer jail sentences. Privacy advocates complain this will disincentivize privacy and anonymity online. '[The government is telling people] ... if you take normal steps to protect your privacy, we're going to view you as a more sophisticated criminal,' writes the Center for Democracy and Technology. Others fear this may lead to 'cruel and unusual punishments' as Internet and cell phone providers often use proxies without users' knowledge to reroute Internet traffic. This may also ultimately harm corporations when employees abuse VPN's, as they too are counted as a 'proxy' in the new legislation. TOR, a common Internet anonymizer, is also targeted in the new legislation. Some analysts believe this legislation is an effort to stop leaked US Government information from reaching outside sources, such as Wikileaks. The legislation (PDF, the proposed amendment is on pages 5-15) will be voted on by the United States Sentencing Commission on April 15, and is set to take effect on November 1st. The EFF has already urged the Commission to reject the amendment."

Comments

But

[EkriirkE]

What about forced proxy usage? Like using opera mini. Even in sockets mode, it seems to pipe through the Swedish proxy.

Re:But

[Anonymous Coward]

OT, but I twigged on the Opera Mini comment.

Warning: Opera Mini fakes out the SSL connections - resulting in the Swedish proxy seeing all of the supposedly encrypted traffic.

Re:But

[Warhawke]

I think /. is missing the point. They are claiming that using a proxy implies sophistication. There's truth to that, as sophistication is a neutral term in a neutral environment. But 25% more of 0 time spent in jail is still 0. Don't do illegal sh** on your proxy and you'll be fine. If you do illegal sh** on your proxy, don't get caught, and you'll also be fine. But if you're using a proxy to prevent detection of your illegal activity, that is rationally a sign of sophistication and justifiably warrants increased jail-time.

Re:But

[Anonymous Coward]

That's the issue: More and more stuff is being criminalized. Seen the ACTA treaty, the parts that were leaked? It allows private parties to initiate criminal (as in don't drop the soap) action against individuals in the US. In the UK, this is already done, but here in the US, private goons can't have someone arrested, then figure out how to prosecute a case later... yet.

Add the fact that ISPs are ordered to keep logs indefinitely (and a number will happily hand them over to anyone), it creates an aura of surveillance. Thoughtcrime anyone? Right now, the solution is proxies. For example, the proxy I use does keep logs, but ditches them after a couple days if there isn't an obvious intrusion or case of abuse, which is reasonable. There have been claims that proxies that "don't keep logs" actually do, so I'd rather know the disposing time of an honest service.

This attack on anonymity isn't going to catch the criminals (they are in countries with less Draconian laws, or are hijacking a legit connection), it is mainly a tool to go after dissidents and help keep more in depth profiles of Internet users.

Re:But

[Jumperalex]

Why is that? What does "sophistication" have to do with the underlying crime? You either did something illegal, with an actual victim or you did not. How good you are at doing it should have nothing to do with your punishment. Consider it from the other perspective: just because someone is too stupid to use a proxy to cover their illegal activity means they should get a LOWER sentence? WTF? And what exactly is the purpose? It won't be a deterrent to the real crime. The future criminal is just as likely to attempt ID theft, hack a system, attempt to launder money, extort, etc etc regardless if they know using a proxy to do it is also illegal?

So what is the real intent ... to inflate sentences with false logic because they know increasing the penalty on the actual crime committed (you know the one that actually had the victim) would stretch the limits of legitimacy and seem in and of itself excessive. Well too bad. Either make the case that the current penalty isn't enough or move on; but stop inventing crimes.

and of course none of this addressing the chilling effect such a law would have on 100% legal and legitimate uses ... but uses for which the government might not like and so now they can charge you with 1) the dubious charge for the act they didn't like but isn't REALLY illegal, and 2) the sophistication charge (or modifier, whatever the more legal term would be). So now you are in a deeper pickle and are more likely to plead out since the "lesser charge" of using a proxy just might stick vice the bogus charge of [insert tin foil hat worthy activity here].

Re:But

[shoemilk]

I think /. is missing the point. They are claiming that using a ski mask implies sophistication. There's truth to that, as sophistication is a neutral term in a neutral environment. But 25% more of 0 time spent in jail is still 0. Don't do illegal sh** with your ski mask and you'll be fine. If you do illegal sh** with your ski mask, don't get caught, and you'll also be fine. But if you're using a ski mask to prevent detection of your illegal activity by hiding your face, that is rationally a sign of sophistication and justifiably warrants increased jail-time.

Where are the bills claiming this? Where are the ski mask bills? Everyone knows there's no other reason for ski masks but armed robbery!

Time for a new name...

[certain death]

We will rename Proxies to Application Firewalls once they get all the wording in their laws right and passed! :o)

Re:Time for a new name...

[trentblase]

First, it's not a law, merely a guideline (they are amending a comment). Second, the comment does not say "proxy". It says: "In a scheme involving computers, using any technology or software to conceal the identity or geographic location of the perpetrator ordinarily indicates sophisticated means". Note the word "ordinarily." I am a privacy advocate, but this is not a particularly scary turn of events. It's basically saying that if you commit a crime and use technology to hide who you are, judges are encouraged to increase sentencing because you are likely to be a more sophisticated criminal than one who did not have the forethought to hide his identity. It sounds downright plausible to me.

Law without common sense

[Anonymous Coward]

Why does the hell adding internet makes thing so different in law?

If two guys both killed someone and robbed a bank where the only difference is one wore a ski mask and the other didn't, should the stupid one get less of a sentence because he was "easier to catch." I fail to see how being easier to harder to catch weight that much on the weight of the crime itself.

Sure, they may mean it as a deterrent but shouldn't that be on the crime itself instead of any tools that has both legal and illegal uses. Of course, there are other issues related to more technical aspects especially when proxies are relatively common.

Dear Legislators:

[svnt]

We spent millions on our warrantless wiretapping systems installed in telecoms across the nation. Unfortunately, it turns out you can avoid having your data collected by use of a fancy system called a 'proxy' that's been around since the dawn of the Internet. Who knew?

Please fix this for us.

Sincerely,
The NSA

P.S. We have sexting photos of your wives and daughters. They're not 'sophisticated' but they sure look like fun!

blech

[Red Flayer]

Just to restate this in blindingly simple terms -- if someone tries not to get caught when committing a crime, they should be subject to harsher punishment?

Seriously?

So if someone hides a body, he should have an increased jail time (not a decreased jail time for eventually disclosing the location of the body)?

If I fudge my books to embezzle money, I should have an increased jail sentence over someone who just takes the cash and makes no effort to not get caught?

Why are we rewarding stupidity?

I think I know why...

If [PUNISHMENT] times [RISK OF GETTING CAUGHT] is less than [BENEFIT OF CRIME] then [COMMIT CRIME].

Since these criminals using proxies reduce their risk of getting caught, they need to have harsher punishments in order for the punishment to act as a deterrent.

It's hardly fair, though, since the down side of all this is that the legit use of proxies is made to seem like a crime itself. Maybe they need to realize that this formula, while logical, doesn't actually work, since criminals tend to underestimate their risk of getting caught.

Re:This just in....

[Calydor]

WTF does it matter what the police thinks if I'm not doing anything illegal?

So let's escallate this...

[Baldrson]

Strange we don't see "stiffer sentences" being handed down for more "sophisticated" legal techniques to violate the immigration law or financial fraud.

Perhaps it has something to do with this attitude:

'TV Judge Greg Mathis and filmmaker Matty Rich are teaming up to create game for PC, PS3 and Xbox 360 called Mathis âoeDetroitâ Street Judge.'

'The game is expected to be reminiscent of Grand Theft Auto - but with prison rape.'

'Huh?'

'Mathis says his goal as a judge, and as a gamer, is to introduce consequences todayâ(TM)s youth and the best way to do that is through videogames.'

'âoeThe main difference between our game and Grand Theft Auto is that players will have to deal with the justice system and consequences for their actions,â said Mathis.'

'âoeWhen you go to prison, you gain credibility when you come back on the streets. On the other hand, when you go to prison you can also be raped. So take your chances. We may see young people who make the wrong choice and go to prison and are assaulted repeatedly (in this game).â'

I wonder how long before some "geek" responds with a video game where the judges, bureaucrats, politicians and fortune 1000 executives are being killed en masse by the "sophisticated technologists" who got prison raped?

Re:Away! Into our submarine!

[Shakrai]

Also, get yourself a "dirty" laptop. something that you can ditch and not have anything that can identify it as yours. Great idea is a laptop that has a easily removed hard drive.

Of course for the price of that laptop you just ditched you could probably have bought a lot of $0.99 tracks on iTunes and saved yourself the hassle ;)