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Why 'Cyber Crime' Should Just Be Called 'Crime'

netzar writes "CAUSE executive director Neil Schwartzman, in a post on CircleID, urges governments and law enforcement to treat cyber crime as what it really is: 'crime': 'When someone is mugged, harassed, kidnapped or raped on a sidewalk, we don't call it "sidewalk crime" and call for new laws to regulate sidewalks. It is crime, and those who commit crimes are subject to the full force of the law. For too long, people have referred to spam in dismissive terms: just hit delete, some say, or let the filters take care of it. Others — most of us, in fact — refer to phishing, which is the first step in theft of real money from real people and institutions, as "cyber crime." It's time for that to stop... This isn't just email. This isn't a war. This isn't "cyber." This is crime.'"

368 comments

  1. As soon as they ... by Intron · · Score: 5, Insightful

    Great idea. It will happen about the same time that "white collar crimes" are treated the same as mugging or burglary.

    --
    Intron: the portion of DNA which expresses nothing useful.
    1. Re:As soon as they ... by RapmasterT · · Score: 5, Insightful

      and while we're at it can we get rid of the "hate" category of crime too? Personally I'm not much interested in someone's motivations for committing a crime, only the results and their actual actions. I'll even compromise and agree to ratchet the levels of punishment UP to the "hate crime" level for everything.

    2. Re:As soon as they ... by entotre · · Score: 1

      I for one hope they will keep the distinction between cyberwar and actual war.

    3. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Yeah, and maybe we can put politicians and cops who violate our rights into jail, as opposed to a slap on the wrist with pay...

    4. Re:As soon as they ... by spleen_blender · · Score: 1, Troll

      Let's just do away with different degrees of murder and manslaughter too then. Since motive doesn't matter apparently. Accidentally kill a guy in a car accident? Just as bad as plotting and executing your ex wife since the result of their actual actions are the same. DERP.

    5. Re:As soon as they ... by selven · · Score: 4, Interesting

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

    6. Re:As soon as they ... by Intron · · Score: 4, Insightful

      Liberal as I am, Hate Crime still makes me uneasy too. So does convicting someone of conspiring to commit a crime that never actually took place.

      --
      Intron: the portion of DNA which expresses nothing useful.
    7. Re:As soon as they ... by spleen_blender · · Score: 1

      Given your reasoned response I'd like to hear why you do not support hate crime legislation.

    8. Re:As soon as they ... by CannonballHead · · Score: 1

      Because, clearly, people murder other people while loving them.

      If you want to call it something, call it "Racism Motivated Crime" or "Sexism Motivated Crime" or "Anti-Establishment Motivated Crime" or something like that.

      Otherwise, it sounds like "hate" is something that happens when you're racist or sexist. Sure, hate happens then, but hate happens without racism, sexism, anti-academiaism, anti-establishmentism, etc. Hate can happen because you got in my way on the freeway.

      (I'm not saying I hate people based on any of those things, just using myself as an example :))

    9. Re:As soon as they ... by thehostiles · · Score: 1

      but if you get drafted, you could fight from the comfort of an air conditioned office instead of from inside a tank

    10. Re:As soon as they ... by KingFrog · · Score: 1

      In my case, it's straightforward...if someone is assaulted, and it is by someone who is defending himself, that's acceptable. If someone is assaulted, but it's by someone who is robbing them, or who dislikes their color, or who is in a different gang, or...the list goes on. These are all assaults with the intention of harming someone who was not placing you or anyone else in immediate danger. At this point, WHICH of your criminal reasons caused you to commit the assault is something *I* don't really care about.

    11. Re:As soon as they ... by CrimsonAvenger · · Score: 1

      So you don't care if someone's motivation for killing is self-defense?

      Note that "killing" is not necessarily synonymous with "murder". Or with manslaughter.

      In some places, if you kill someone in self-defense, you'll be charged with murder. And usually not convicted.

      In other places, the police will take your statement, cart off the body, and that's the end of it.

      Though in both cases above, a DA up for reelection who thinks that getting tough makes him more likely to win his next election can turn self-defense into murder on a whim.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    12. Re:As soon as they ... by spleen_blender · · Score: 2, Insightful

      Oh come on... you're nitpicking semantics. And love is not the opposite of hate anyway, apathy is. Which is what non- "racism motivated crime" et al. IS.

      Normal murder the person killing has apathy for the life of the other person. It is in the way of them obtaining what they want. Burglary, contract killing, gang wars, revenge, etc.

      HATE crime is committing the act not because you don't care who they are and they are an obstacle to your goal, but because THEY ARE THE GOAL.

      Can you really not see that distinction?

    13. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Not even a nice try there troll.

      Manslaughter requires a lack of the intention to kill.

    14. Re:As soon as they ... by spleen_blender · · Score: 1

      Coincidence of differing associations (race, gang, etc) is not the same as motive as you're describing though.

      imo hate crime charges should ONLY be pursued when it is clear that the race, sex, etc was the motivating factor and not simply coincidental.

    15. Re:As soon as they ... by spleen_blender · · Score: 4, Insightful

      You're also ignoring the fact that hate crime has the intent of causing a chilling effect throughout a community IN ADDITION TO the direct harm caused to their target. It objectively causes more harm than normal non "hate" crime.

      You're a fucking brainiac.

    16. Re:As soon as they ... by clarkkent09 · · Score: 2, Insightful

      Come on, there is obviously a difference between intent to commit a crime and no intent. It is less easy to see a difference between murdering someone say to steal their money and murdering someone because they are homosexual.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    17. Re:As soon as they ... by RyuuzakiTetsuya · · Score: 4, Interesting

      I agree. i'm a little uneasy charging someone for what amounts to a thought crime, but if you smash a synagogue's window in, vandalize the place, and spray paint swastikas all over the place or you kill a transvestite and carve "FAG" into their chest, it's *very* clear, then let's call it what it is, terrorism.

      --
      Non impediti ratione cogitationus.
    18. Re:As soon as they ... by Anonymous Coward · · Score: 0

      so what about crimes of passion, like a man killing his wife for cheating on him? SHE IS THE GOAL in that scenario as well, so should it be construed as hate crime?

    19. Re:As soon as they ... by ushering05401 · · Score: 1

      Great idea. It will happen about the same time that "white collar crimes" are treated the same as mugging or burglary.

      That is one perspective. Another perspective is that the 'cyber' is there to cast a pall on targeted industries that have the audacity to require technically competent individuals to bring technology to market.

      In the process the industries are creating technologically empowered individuals, most of whom will be off-shored when their specialized services have produced the desired innovation, and their specialized knowledge has aged. The remainder are management.

      The described situation == Future Terrorist Hotbed of America... just ask DHS ;)

      So in this sense the 'cyber' has already Godwin'd the thread as it represents a boxcar.

      In a slightly more open world, where private companies do not have to sue government agencies for skirting fair practice bidding, the influxes of experienced engineers would be a massive boon to the educational establishment, small businesses, incubator businesses, and even investment consulting. If the expectation was that you made the big leagues to build up a nest egg, then enjoyed smaller incomes while leveraging the experience and doing something satisfying we wouldn't have any problem at all.

      Unfortunately, once you work on big time projects you become a member of the empowered 'cyber' actor club and and are subject to NDAs, No Competes, and possibly much worse if you were in a 'sensitive industry' (making stuff that works better than our enemies stuff so our own people can't have it because we don't want our enemy to have it).

      This is a part of the mindset that I would love to see thrown out with the bathwater, so to speak. This type of thinking sets up a self-fulfilling prophecy.

      Get rid of the cyber now so that people in the affected industries can stop having to profess allegiance to a hat color; can stop experiencing fabricated stresses that are going to chafe down the road; and some can start having more interesting conversations with all these 'terrorists' that out there waiting to prey on us. No badge or national secrecy required.

      Technically empowered people, whether hackers or 'engineers' are still humans, and most of those choose not to senselessly slaughter people. In fact you would have to abuse most people for years before they would get to that point.

      Wait, what?

    20. Re:As soon as they ... by Anonymous Coward · · Score: 0

      The concept of 'hate' crime is bullshit to begin with.

    21. Re:As soon as they ... by Anonymous Coward · · Score: 0

      How do you assault someone in self-defense? You can defend yourself from assault, in which case the person assaulting you may suffer physical harm. It can be determined that the self-defense response was not appropriate (e.g. shooting someone who threw a wadded up piece of paper at you.) but someone cannot take defensive action until someone has taken offensive action or made it appear apparent that they were about to take offensive action.

    22. Re:As soon as they ... by spleen_blender · · Score: 1

      No, she isn't the goal. The goal is revenge... not to send a message to anyone but to satisfy his twisted perspective of justice, regardless of his state of mind at the time.

    23. Re:As soon as they ... by entotre · · Score: 1

      Today that is only possible with airplanes - http://goo.gl/d5W7 (nytimes)
      The distinction is blurring perhaps

    24. Re:As soon as they ... by formfeed · · Score: 4, Insightful

      can we get rid of the "hate" category of crime too?

      If a crime is not directed at only the actual victim but against a larger group of people, that intention -be it hate or the intention to intimidate- should be taken into account.

      I might not agree with how the label "hate crime" is used all the time, but it acts as a form of terrorism against minorities and should be treated as such.

    25. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Good god you all are a bunch of spoiled anglo whiners. This forum is dying a depressing death.

      Do you have any idea what it is like to have someone attempt to place your entire community into a state of fear? No, because you're a bunch of honkey ignoramuses who never will be able to experience what it is like. So do you have empathy? No, you try to twist it around like you are the victims. You fucking disgust me.

    26. Re:As soon as they ... by Anonymous Coward · · Score: 0

      It is shallow and petulant thinking.

      By not trying to prove that, you scream your confession that you really meant "I don't agree with it". That is the ONLY possible meaning.

    27. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Hate crimes should be punished harsher than otherwise because it chills the neighbors!!! Or not.

    28. Re:As soon as they ... by spleen_blender · · Score: 0, Redundant

      Read the other threads under this parent instead of trolling here, please. I'm proving why I'm right without uncertainty.

    29. Re:As soon as they ... by arose · · Score: 1

      Until they hack the power grid...

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    30. Re:As soon as they ... by AuMatar · · Score: 5, Interesting

      The idea behind hate crime is that its twofold.

      1)Kill your wife/parents/lover and there's a personal reason for killing that specific person. Kill for reason of skin color or religion and it's random-- anyone in that group is a possible next target. Due to this, the killer is more dangerous to the general population than a normal killer.

      2)There was a time when white men who killed black men in the south were almost always let off, due to the prejudice of the juries. This allowed the whites to be held accountable in federal court for federal crimes, and circumvented a corrupt localized system of justice. Obviously not a good long term solution for this, but it was a necessary short term one.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    31. Re:As soon as they ... by Anonymous Coward · · Score: 2, Insightful

      ALL crime has a chilling effect in the area it happens.
      A store gets robbed or a person gets shot, and you think they people are any less traumatized because it wasn't a "hate crime" ?!

      "They just came in and started shooting, but thank god it was a hate crime!"
      Now who's the fucking brainiac.

    32. Re:As soon as they ... by spleen_blender · · Score: 1

      Not you, for sure.

      The intent of other crime isn't the chilling effect though. So are you arguing intent doesn't matter and only the consequences of actions matter? Because I can eviscerate you on that topic if you want.

      Or are you implying hate crime doesn't intend to create a chilling effect? I find it hard to believe you could be so stupid as to think that and simultaneously be capable of operating a computer.

    33. Re:As soon as they ... by Anonymous Coward · · Score: 0

      imo hate crime charges should ONLY be pursued when it is clear that the race, sex, etc was the motivating factor and not simply coincidental.

      You are a moron. You're saying you don't support hate crime laws because they are misused, but would support them if they are used correctly? Part of getting a hate crime conviction is proving that the crime was motivated by hate; if this is being "proven" when it's not true blame shitty public defenders.

    34. Re:As soon as they ... by stevie.f · · Score: 5, Insightful

      Problem is, here (England) a hate crime is only when the race, religion, sexual orientation or disibility of the victim is a motivating factor.

      This makes me uncomfortable, because it makes attacking someone outside of a mosque because you have a problem with their religion somehow worse than attacking someone outside a sci-fi convention because you have a problem with geeks.

      In my mind this legitimises some kinds of hate. I'd be much happier if the whole hate crime thing was done away with, at least until someone figures out how to word it so that it's fairer and doesn't elevate only certain groups to having special 'victim' status'.

    35. Re:As soon as they ... by booyabazooka · · Score: 1

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      Is that a crime?

    36. Re:As soon as they ... by spleen_blender · · Score: 0, Redundant

      I completely agree with all you said.

    37. Re:As soon as they ... by spleen_blender · · Score: 1

      Is premeditated murder thought crime compared to 2nd degree murder?

    38. Re:As soon as they ... by interval1066 · · Score: 2, Insightful

      Agreed. So-called "hate-crimes" sound too much like the crime-of-the-day. Who in fact defines what exactly a hate crime is? Is the murder of a black person more heinous that the killing of an Irishman? If so, why? Seems to me that murder is murder, and calling one a "hate-crime" puts more worth on some one's life due to their race or creed, which goes completely against the principal of a blind justice system.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    39. Re:As soon as they ... by Anonymous Coward · · Score: 1, Informative

      You're also ignoring the fact that hate crime has the intent of causing a chilling effect throughout a community IN ADDITION TO the direct harm caused to their target.

      In other words, the act is intended to double as a threat to the rest of the community? Is that what you mean?

    40. Re:As soon as they ... by Main+Gauche · · Score: 0, Troll

      ...the intent of causing a chilling effect throughout a community ...

      You're a fucking brainiac.

      Was the irony intended?

    41. Re:As soon as they ... by spleen_blender · · Score: 0, Troll

      Yeah, then they just mod you a troll or overrated and keep going on with their ridiculous overinflated egos spouting stupidity as if it is insight.

      So depressing... I remember back in the day when... ah fuck it. I don't even care about the nostalgia anymore.

    42. Re:As soon as they ... by UnknownSoldier · · Score: 1

      > This makes me uncomfortable, because it makes attacking someone outside of a mosque because you have a problem with their religion somehow worse than attacking someone outside a sci-fi convention because you have a problem with geeks. /tongue in cheek
      Everyone knows it’s those fucking LARPers wrecking it for the Ren Faire folks, of course nothing beats a good 'ol fight going then "Star Wars vs. Star Trek" ... ;-)

      http://www.brunching.com/images/geekchartbig.gif

      Anyways, Religion is kindergarten Spirituality.

    43. Re:As soon as they ... by spleen_blender · · Score: 0, Troll

      I'm glad someone appreciated it.

    44. Re:As soon as they ... by CannonballHead · · Score: 1

      I see a distinction between hate and apathy, yes. And if that were the legal distinction, I might be able to along with you...

      But:

      Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's protected characteristics of race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability.

      Also, some of what you describe (e.g., burglary) - isn't that differentiated with "pre-meditated?" And, lastly - how do you have "revenge" without hate? I don't think you can combine a desire for revenge with "apathy" terribly successfully.

      Nor, IMO, can "gang wars" be completely apathetic. You don't tend to go to war unless you have some sort of ... uh, negative passion (hate?) for the person you are warring against. However, I grant that there are times where you may not actually be feeling a distinct passion of "hate" - like you mention, contract killing or burglary.

      But, here's the rub. I'm arguing about the current laws regarding "hate crimes." You appear to be arguing for the idea of "hate" crime. So it seems we may, in the end, agree on what "hate" crimes are. Perhaps I mistakenly thought you were defending the current implementation of "hate" crime laws.

    45. Re:As soon as they ... by ToasterMonkey · · Score: 0, Offtopic

      Personally I'm not much interested in someone's motivations for committing a crime, only the results and their actual actions.

      So you don't care if someone's motivation for killing is self-defense?

      Or if they have no intent at all for that matter. GP and moderators are insane.

    46. Re:As soon as they ... by cigawoot · · Score: 0, Redundant

      The problem with getting rid of the "hate" crime category is that its a legal term. A person convicted of a hate crime has a more severe punishment then a non-hate crime offense.

      Under the law, there is a difference between assaulting someone for some money and assaulting someone because their apart of a specific ethnic group.

    47. Re:As soon as they ... by drsmithy · · Score: 1

      and while we're at it can we get rid of the "hate" category of crime too?

      Hate crimes are there to help separate the people who are doing harm for some rational reason (I really want his iPod) from the people who are doing harm for an irrational reason (he's a nigger).

      The potential for rehabilitating someone who starts off thinking rationally is much better, hence the value in making the distinction. Though I'm going to guess from your stereotypical right-wing "ratchet the levels of punishment UP to the "hate crime" level for everything" attitude, rehabilitation isn't something you really believe in.

    48. Re:As soon as they ... by HungryHobo · · Score: 1

      You speak as if hate crime is the only violent crime which has a chilling effect.
      Gang violence (join us or else), extortion with associated kneecappings (the boss wants his money).
      In fact any violent crime committed with the intent of *sending a messege* or making an example of someone has that exact effect.

      "hate" crime is nothing special whatsoever in that respect.

    49. Re:As soon as they ... by FatdogHaiku · · Score: 1

      I know a guy that just hates pot. He cuts it down and takes great delight in burning it... apparently to increase it agony, he only burns a little bit at a time... if he remembers... and isn't busy eating...

      I say he should get the chair, as long as it reclines and has a cup holder... It doesn't matter if he fries, he's already baked.

      Tip your hemp delivery person! I'll be here all week.

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    50. Re:As soon as they ... by HungryHobo · · Score: 1

      If it were applied to other forms of violent crime committed with the intent to *send a messege* then that would be fine.
      But it's only applied in a subset of such cases where race is an issue.

    51. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Kill for reason of skin color or religion and it's random-- anyone in that group is a possible next target.

      Or if you kill someone that cuts you off in traffic, then ANY driver could be the next target.

      Or if you kill someone based on their political affiliation.
      ... or based on the side of town the live on.
      ... or whether they're righty or lefty.
      ... or their hair color.
      ... or ... well you get the idea.

      Obviously not a good long term solution for this, but it was a necessary short term one.

      Something about a road to somewhere paved with good intentions.

      If it was truly a short term solution then the law(s) would have come with sunsets on them.

      Instead we find ourselves with more "hate" laws which will last forever.

    52. Re:As soon as they ... by pgmrdlm · · Score: 0, Troll

      hmmm, wonder how many people here are of Jewish religion. Naaa, they wouldn't know about hate crime. How about people that are gay? Naaa, again they wouldn't know about hate crime.

      Leave it to you to only identify hate crime as something that is associated with people of a different color.

      I don't care what the color of your skin is. Your nothing but a fucking bigot.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    53. Re:As soon as they ... by MaskedSlacker · · Score: 1

      calling one a "hate-crime" puts more worth on some one's life due to their race or creed, which goes completely against the principal of a blind justice system.

      No it doesn't. What it does do is recognize that persons committing murder for ideological reasons ('cause blacks/hispanics/homosexuals/three-toed purple people eaters are inferior/bad/dangerous) are likely to continue doing so and/or incite others to do the same, and respond to the recognition by keeping them off the streets longer due to the extra risk posed to society.

    54. Re:As soon as they ... by TheRaven64 · · Score: 1

      So which would you rather have living in your community, someone who'd attack you to steal your money, or someone who'd attack you because they disliked some arbitrary group that they considered you to be a member of?

      --
      I am TheRaven on Soylent News
    55. Re:As soon as they ... by spleen_blender · · Score: 1

      I speak as if it is the only kind that has the INTENT of creating a chilling effect.

      But that isn't the only kind, organized crime will often try to dissuade competition and create warnings to rivals and send messages with violence. I'm not really sure what I think of that part of it, but I do know that crimes where the action actively intends to send a message should be punished more than crimes with action and no intended message. We as a society have the ability to make laws to try to form a future society in an image we want.

      I want a society where there are no people who have thoughts or beliefs which would be considered "hateful", as in racism, sexism, homophobia, etc. By punishing those more harshly I believe it adds momentum toward reaching that destination.

    56. Re:As soon as they ... by orient · · Score: 1

      The intention (proven!) to commit a crime should be punished the same as the actual crime. Actually, in some jurisdictions it is.

      --
      Laudele lor desigur m-ar mahni peste masura.
    57. Re:As soon as they ... by spleen_blender · · Score: 1

      To whom are messages usually sent in organized crime?

      Generally I believe it is rivals, not communities of law abiding citizens.

      Does that really not make a difference to you?

    58. Re:As soon as they ... by hey! · · Score: 1

      Hate crimes are misnamed. The issue is not how the person committing the crime *feels* about the victim, it is what he *depriving the victim of*. What we call a "hate crime" is a deprivation of liberty, not only to the direct victim of the crime, but to countless people like him. In fact, it is tantamount to terrorism.

      When somebody burns a cross on your lawn, it isn't simple trespass. The burning cross says in no uncertain terms,"None of you can live here. Try and you'll die." That's an attempt to alter the future behavior of an entire community against its will, using threat of violence. If that is not terrorism, what is?

      When somebody beats up somebody because he "looks gay", it tells everyone they must look and act according to rules the perpetrator has chosen for them, otherwise they'll get the same. That's a deprivation of liberty, plain and simple. Nobody has a right to set themselves up as the regulator of manners, fashion and appearance for other people going about their business. I don't think they have the right to regulate others' sexual mores, either.

      It mystifies me that people don't seem to get this, when they understand perfectly well how the essential distinction functions in all kind of analogous situations. If I beat you up, that's simple assault. If I say, "pay me protection or this will happen to you and your family again," then I beat you up, THAT is extortion, which is a much more serious crime than assault. If I say, "If your country doesn't change your foreign policy, none of you will be safe from injury or death," then I've graduated to terrorism.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    59. Re:As soon as they ... by cfalcon · · Score: 1

      Killing someone is not by itself a crime.

      Killing someone illegally is murder. That's a crime.

      Killing someone in self defense is not a crime at all.

    60. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Yeah, and they only beat that gay guy at the bar to a bloody pulp because he looked at them queer...er, weird.

    61. Re:As soon as they ... by i_liek_turtles · · Score: 1

      In that case, let's make manslaughter the same as 1st degree murder. After all, intent doesn't matter, only results, right?

    62. Re:As soon as they ... by Kosi · · Score: 1

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      Killing someone in self-defense is not a crime.

    63. Re:As soon as they ... by HungryHobo · · Score: 1

      Messages are also aimed at the local community. (to make sure people respect them or more accurately, fear them.)
      Local businessmen to make sure they pay protection.
      Local families to make sure they get recruits and nobody even thinks about joining any rival gangs.

      I'd also ask why you can't seem to talk in a civil manner in this topic?
      You have a somewhat reasonable position but it's overshadowed by your awful discussion style and abusive language.

    64. Re:As soon as they ... by HeronBlademaster · · Score: 1

      Who in fact defines what exactly a hate crime is? Is the murder of a black person more heinous that the killing of an Irishman? If so, why? Seems to me that murder is murder, and calling one a "hate-crime" puts more worth on some one's life due to their race or creed, which goes completely against the principal of a blind justice system.

      I'm pretty sure you don't understand. A murder is not a hate crime merely because the killer is one race and the victim another. A murder is a hate crime if and only if the killer's motive for killing was that the victim was of a particular race/gender/some other innate characteristic. It does not matter what that characteristic is, it only matters that it was the reason for the murder.

      This is in no way incompatible with the justice system applying equally to everyone (a "blind" justice system). In fact, the system is built to account for this... It's not the arresting officer or the prosecution or even the judge who gets to decide whether the defendant's motive makes it a hate crime, that's up to the jury. The prosecution can certainly argue that it does, but juries are supposed to decide for themselves.

      I'm sure if you put your mind to it, you'll be able to come up with reasons it's worse to murder someone because they're a particular race than to murder someone while robbing a bank, and why both are worse than spur-of-the-moment "crime of passion" sorts of murders.

      For example, hate-motivated murders are far more likely to be repeated than most other types of murder. If you're willing to kill an Irishman merely because you don't like Irishmen, what's to stop you from killing the next Irishman you see? On the other hand, if you killed your spouse because you were arguing over who was cheating on who, and it just got out of hand, well, that's not likely to happen again.

      This is why we have a distinction between manslaughter and murder. If you're going to claim that all murders should be treated equally regardless of motive, then you must also claim that manslaughter should be merged in with that universal punishment for murder. I don't think that's your intended goal, is it? So, you must decide: is motive important?

    65. Re:As soon as they ... by HungryHobo · · Score: 1

      you can't beat someone into being a good person.
      Singling out crimes which are done with the intent of intimidating or sending a message to a larger community is fine but making a list of different types of people and treating crimes against them differently because they're apparently a special *victim class* of society is quite different.

      Beating a furry/train-spotter/prostitute/tax collector to death to send a message to the rest of their community,profession or group shouldn't be treated as less bad than beating anyone else to death to send a message to their community just because someone decided that the latter groups are different type of people.

    66. Re:As soon as they ... by HeronBlademaster · · Score: 1

      Which has a more chilling effect on the surrounding community:

      - Jim murders Bob because Bob is Irish.
      - Jim murders Bob because Bob was sleeping with Jim's wife.

      Both are murder. However, the former causes fear among all Irish members of the community merely for being born Irish. The latter causes fear among... people who are sleeping with Jim's wife?

      Hate-motivated murder has a much more far-reaching effect, and it should be punished accordingly.

    67. Re:As soon as they ... by ogl_codemonkey · · Score: 1

      Locking somebody away for longer makes them less hateful when they are released?

      I think this is the problem with your criminal system - the majority of public opinion seems to be focused on harsher punishment rather than more effective rehabilitation.

      Somebody with no marketable skills or employment history goes to jail for burglary, gets out two years later with exactly the same skills and a worse attitude toward society, and the best people can think when she re-offends is that she wasn't in jail long enough?

      Food for thought: http://en.wikipedia.org/wiki/Incarceration_in_the_United_States states that the US has nearly 25% of the *worlds* prison population.

    68. Re:As soon as they ... by Anonymous Coward · · Score: 0

      nigger

      how dare you

    69. Re:As soon as they ... by HeronBlademaster · · Score: 1

      Poor form to reply to myself, but I left out the bit that connects HungryHobo's comments to mine:

      The point is not that other types of crime do not affect the surrounding community, the point is that it's silly to pretend motive is irrelevant.

    70. Re:As soon as they ... by Anonymous Coward · · Score: 0

      You're right, Neil Schwartzman is a total idiot if he actually said that stuff. Would anyone that reads the news suggest there's no white collar crime, just crime? No category called theft, just crime. No crimes of passions, we just call it crime right? No murders, of course not, its just called crime.

      There are all sorts of ways to categorize crimes, we all know that, and to claim otherwise is not serious.

      But he right about one thing, there no such thing as sidewalk crime, just muggings, auto theft, vandalism, and prostitution....but no category called sidewalk crime. What a total jack *ss.

    71. Re:As soon as they ... by Anonymous Coward · · Score: 0

      The intent of other crime isn't the chilling effect though.

      That isn't what you're arguing. If a KKK member kills a black person for being in a white neighborhood, that can have a chilling effect: Black people will avoid white neighborhoods. But if a KKK member kills a black person for being black, not for being anywhere or doing anything in particular, there is no chilling effect since there is nothing for a black person to do differently to avoid it. But the hate crime laws still punish the latter more than a "normal" murder. So your position can only defend "hate crime" laws to the extent that a "hate crime" is limited to a crime that is intended to have chilling effects. The existing hate crime laws punish more than that.

      They also punish less than that. Vexatious litigation is frequently intended to have chilling effects. So also vandalism, theft, kidnapping, assault, murder or any of a variety of crimes when committed for the purpose of retaliation in response to the victim's actions.

      In other words, if your intent is to impose greater punishment for "criminal acts for the purpose of chilling others' behavior" then say that. But that has nothing to do with race specifically.

    72. Re:As soon as they ... by mattack2 · · Score: 1

      So you don't care if someone's motivation for killing is self-defense?

      The question was about a crime. If it's (legally) self-defense, it by definition not a crime.

    73. Re:As soon as they ... by Jbcarpen · · Score: 1

      For example, hate-motivated murders are far more likely to be repeated than most other types of murder. If you're willing to kill an Irishman merely because you don't like Irishmen, what's to stop you from killing the next Irishman you see?

      And herein lies the problem with current hate crime legislation. According to the law, it's not possible to commit a hate crime against a white man, or a christian, or... (insert other dominant group here), at least not due to their membership in that group.

      So if a white man kills a black man because he hates blacks, that's a hate crime. Whereas if a black man kills a white man because he hates whites, it's just murder.

      That does mean that under current laws the life of a black man is considered to be more important than a white man. And here I thought that we were supposed to be striving for equality in this country.

      --
      GENERATION 667: The first time you see this, copy it into your sig on any forum and add 1 to the generation
    74. Re:As soon as they ... by mattack2 · · Score: 1

      Me talk caveman today.

    75. Re:As soon as they ... by Anonymous Coward · · Score: 1, Informative

      terrorism (using some definitions) requirea an intended political change. what's the po.itica of your proposed violence?

    76. Re:As soon as they ... by misexistentialist · · Score: 1

      That type of vandalism is often done by kids, not by Neo-Nazi combat brigades. Similarly, the people killing a transvestite are probably working out personal issues more than trying to send a message of terror. If all the transvestites went into hiding they'd just find another target on Saturday night.

    77. Re:As soon as they ... by robotandrew · · Score: 1

      I've considered robbing banks on multiple occasions, but have never actually done so. Should I be put in jail?

    78. Re:As soon as they ... by ShooterNeo · · Score: 1

      What if the person's a little crazy and lacks the kind of resources to actually carry out the crime? There's been some big terrorism convictions where they have given people monstrous sentences for planned crimes that they could not have actually committed.

    79. Re:As soon as they ... by Firethorn · · Score: 1

      He, sidewalk-crime. As mentioned, you have 'hate-crimes', 'white collar crime', 'gang crime', 'drug crime', and 'gun crime', just to name a few.

      I think a person's motivations should be considered when they commit a crime, but there's far more reasons to jack up punishment simply because a victim was chosen on the basis of the color of their skin, sex, religion, or orientation.

      --
      I don't read AC A human right
    80. Re:As soon as they ... by RyuuzakiTetsuya · · Score: 1

      i wish I could mod this '-1, Victim blaming'

      --
      Non impediti ratione cogitationus.
    81. Re:As soon as they ... by sumdumass · · Score: 1

      So you would say there is a need for more severe punishment if someone had plotted and executed his wife because she was black by ancestry instead of because he wanted to sleep with another woman ? Well, how about if he plotted and killed his wife because she was white and he wanted to be with a black or Latino woman because he felt that it was the only type of woman that could satisfy him?

      I mean common, plotting and killing a person is a capitol crime in most areas. Those that are not seem to have some moratorium on the death penalty. So what are we really going to do, give him two life sentences in the pokey or put him through the gas chamber twice?

      What traditionally matters is if the crime was accidental, the result of recklessness, negligence, of intentional actions. Almost everyone who stikes another person does so out of hate of some sort at the time of the strike. Is being on record as saying nigger or honky or chink or something like that a few days earlier justification to double the punishment? How about if it was just the repeating of a racist joke that actually was funny?

      I find it hard to believe that you can't legitimately tell the differences between states of mind and how racially motivated crimes are already a deliberate state of mind.

    82. Re:As soon as they ... by Z34107 · · Score: 1

      Your DERP has incensed the moderators, but there are plenty of crimes where it makes sense to take motive into account. Accidentally bumping an old lady with your bike is entirely different from taking an axe to her head, even though recent events show both ways leave her equally dead.

      The question shouldn't be "Why do we take intent into account?" but "Is the victim's race as important as whether or not as whether the crime was an accident?" DERP to all those who said, "yes."

      --
      DATABASE WOW WOW
    83. Re:As soon as they ... by j-beda · · Score: 1

      "Considering" is a bit different than "intending".

      Hopefully in order to get a solid conviction "the man" needs to provide a bit more evidence of intent than "a few folk sitting around and talking", but in principle I would rather that the police are provided with a few tools to help them prevent crimes rather than just being able to act after the fact.

    84. Re:As soon as they ... by HeronBlademaster · · Score: 1

      According to the law, it's not possible to commit a hate crime against a white man, or a christian, or... (insert other dominant group here), at least not due to their membership in that group.

      Citation needed.

    85. Re:As soon as they ... by TFAFalcon · · Score: 1

      And why is murdering someone for their money somehow better? Or just murdering them because you were bored and they were the first person you met?

    86. Re:As soon as they ... by HeronBlademaster · · Score: 2, Informative

      Since I happened to stumble on it during a brief foray on google, I thought I'd mention that the FBI reported that 16.8% of hate crimes in 2008 were committed against whites, and more hate crimes were committed against Christians than against Muslims (8.7% vs 7.5%). (I lumped Catholics and Protestants together for the anti-Christian percentage; it's possibly higher depending on what exactly "Protestant" means and what groups are included in the "anti-other religion" percentage.)

      So far I've found no evidence of a law stating hate crimes are not possible against a particular group of people, while I've found references to several laws that explicitly do not mention any particular group of people.

      If you meant to say that a prosecutor would find it difficult if not impossible to convince a jury that "he hates whites" or "he hates christians" was the motive for a murder, that's a separate issue entirely, and it's possibly true, but you said "according to the law", so...

    87. Re:As soon as they ... by sumdumass · · Score: 1

      Well, answer this then. What would make it any different if they didn't like the sports jersey he was wearing or if he accidentally said something that offended someone? This is not unheard of. Then fact that he is gay means nothing in those motivations. Or are you suggesting that anyone who is gay or black or female automagically should have more protections somehow?

    88. Re:As soon as they ... by sumdumass · · Score: 1

      If it's not reasonable that you can escape an assault without further harm, then you return the assault until you are about to escape the harm.

      In other words, while you can't really be shooting someone who threw a wadded up piece of paper at you, you can move them out of the way when they are also blocking the only exist from the room in order to exist yourself. The throwing of the paper showed an intent of aggressions, the blocking of the exist showed intent of continuing the assault. Your moving them may actually be an assault in and of itself (if you push them down and leave).

    89. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Which is why capital punishment for all murders (hate or not) is actually saner than our current setup.

      But the Rs won't let us focus on rehabilitation, and the Ds won't let us just get to the point and shoot them, so the system stays broken. *sigh*

      As for total incarceration, the vast majority of that is unrelated to murders or other hate crimes -- it's mostly the war on drugs, and various criminality associated with the drug trade. Legalize drugs (and thereby remove the criminal gangs' monopoly on the drug trade) and within a generation we'd see a massive improvement... but neither party pushes for that.

      It's almost like people in power, regardless of party and professed ideology, realize they're better off maintaining crime as an issue than actually doing anything about it. But we know that could never happen, right?

    90. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Because in those scenarios you're either desperate or nuts.

    91. Re:As soon as they ... by Anonymous Coward · · Score: 0

      ...So you don't care if someone's motivation for killing is self-defense?...

      Why do you consider self-defense a crime?

    92. Re:As soon as they ... by Anonymous Coward · · Score: 0

      I used to agree about hate crimes, but then I realized that hate crime is really another word for terrorism.

    93. Re:As soon as they ... by Anonymous Coward · · Score: 0

      I don't. Killing someone isn't illegal (necessarily)

      Murdering them is.

      Homicide can fall into accidental/negligent/justified.

      Guess what...the last one isn't justified.

    94. Re:As soon as they ... by Anonymous Coward · · Score: 0

      You're also ignoring the fact that hate crime has the intent of causing a chilling effect throughout a community IN ADDITION TO the direct harm caused to their target. It objectively causes more harm than normal non "hate" crime.,,.

      So by this criteria we should consider false DMCA takedown notices and the **AA lawsuits against innocent targets hate crimes as well. I like it.

    95. Re:As soon as they ... by Genda · · Score: 1

      A person attacks you with a knife... you deflect the blow and receive an injury to your right leg. You happen to be a martial artist, and before you even formulate what next to do, you go into auto-pilot and stitch your assailant with about a dozen well placed punches. He is now seriously injured and falls down unconscious. You have just assaulted someone in self defense, in fact someone who attacked you with a deadly weapon. In addition, you as a registered martial artist, are now required to stick around for the police to determine if you exceeded reasonable force in your self defense. Of course like most folks in this situation, you get the flock out of dodge and hope nobody caught you on a cell phone.

    96. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Liberal as I am, Hate Crime still makes me uneasy too.

      So, you don't see a difference between, say, four guys lynching a black man just simply because he's black and ... oh, killing someone in a drunken barfight?

      In the case of the lynching, you set out to do a malicious act on what more or less amounts to a whim, and a feeling of entitlement. The victim obviously deserved it for simply being the victim.

      If you're not part of a group that has ever routinely been on the receiving end of hate crimes ... do some research. The level of malice and, well, hate that goes into hate crimes is bloody awful.

      Take, for instance, this guy -- a young gay man beaten essentially to death for being gay. For some of us, this was a horrific thing which put an entire community of people into fear -- and a lot of people went around acting like "what did they do wrong? They only killed a faggot.".

      Hate Crime is real, and can get into some entirely next-level shit, because it comes from ignorance and spite.

    97. Re:As soon as they ... by sumdumass · · Score: 2

      The problem with your concept is that laws don't stop murders from happening. They only prescribe penalties for committing the murder and that's only if you are caught. If someone is caught after committing a murder, they are already up for life in prison or the death penalty. We can't really make them serve two life sentences or send them through the gas chamber twice.

      So lets take this to the next logical level with assault. You say the need is because they do it over and over again. Well, what if someone is just antisocial and had problems interacting with others, they are likely to assault people over and over, shouldn't those random strangers receive the extra protection too? Or is there some benefit that should only extend to the classes defined by hate crimes?

      Well, it doesn't particularly matter what you replied with because almost all states have laws that elevate the severity of one offense to the next level if not higher with repeated convictions. In my state, if I just walked over to you and punched you in the face, it would be a misdemeanor by itself carrying 6 months and a $1000 fine (even if I continued doing it repeatedly). If I assaulted you with a weapon, it would be aggravated- a minor felony offense (4th degree or class D as some jurisdictions name it). If I assaulted you in any way that would have caused serious harm, I would get the with aggravated classification added on too. IF I did any of that within two years of each offense, the misdemeanor would automatically become a felony, the felony 4 would become a felony 3, and if it happened again within 2 years of that, they would both become a felony 1. So repeat offenders are already punished with extra penalties in a practical way.

      With this knowledge, I'm not sure why we need hate crimes at all. Nothing I have seen about the justifications to date has offered anything that there wasn't already a law covering as the excuse. Maybe it's only to gain federal jurisdiction to seek the death penalty in areas that don't have one or do not enforce it? Maybe it's because some people think the protected classes are actually special or something? either way, both are wrong.

    98. Re:As soon as they ... by Anonymous Coward · · Score: 0

      What if no-one else in the state is Irish, but Jim's wife is the town whore? Even stupider than pretending motive is irrelevant is think that how many people a crime scares should determine the punishment.

    99. Re:As soon as they ... by HeronBlademaster · · Score: 1

      It's not the number of people the crime scares that matters. What matters is the intent with which the crime is committed.

    100. Re:As soon as they ... by jjk3 · · Score: 1

      More and more events are refereed to as terrorism and it's only a manner of time before all criminals will be called terrorists. But it will be after we get rid of rights and due process for terrorists.

    101. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Don't be hatin'.

    102. Re:As soon as they ... by Pseudonym+Authority · · Score: 1

      Is that why you have 500 fucking accounts?

    103. Re:As soon as they ... by mywhitewolf · · Score: 2, Insightful

      So, you don't see a difference between, say, four guys lynching a black man just simply because he's black and ... oh, killing someone in a drunken barfight?

      i do, one is premeditated murder, the other is more than likely accidental manslaughter. reasons for a crime / excuses for crimes should only lessen the extent of punishment as required.

      hate crime shouldn't be considered the "next level" of crime because they have nothing to excuse their actions for it, its still "murder one" or whatever.

      how is me getting into a fight because you support the wrong football team any different to me getting into a fight with you because your black?

      also, in regards to self defense, I'm a firm believer in any amount of force is acceptable for any assault under self defense while the third party is still a threat. if you assault me by kicking? how do i know your not going to take it further with a stab wound after I'm on the ground or just stomping my head until I'm dead? i can attempt to defend myself but what if I'm physically smaller / weaker? your choices would be "defend myself to the letter of the law and probably get my Arse handed to me and i could end up dead" or "excessive force, and survive, hell, i didn't start it and i don't know what the person is capable of." those who start wars don't always get to decide how they end, and those who pick fights shouldn't be the ones who chose what scale it can be elevated to.

    104. Re:As soon as they ... by Bigjeff5 · · Score: 1

      You're also ignoring the fact that hate crime has the intent of causing a chilling effect

      No it doesn't, at least, not any of the hate crimes I have ever heard of. I'm sure it has happened in the past (almost certainly the KKK, and many other gangs), but all the actual hate crimes I have ever heard of were perpetrated by some fucktard who hated anybody of a different ethnicity. The guys actually committing the crimes rarely think that far ahead.

      To refer to the ultimate example of a hate crime, Hitler wasn't trying to send a message to the Jewish community when he instigated the Holocaust, he was trying to kill all the Jews.

      Hate crimes are motivated by hatred, and they should either include all crimes that are motivated by hatred, or none of them (honestly, I think the system is set up well enough to deal with hate crimes without the addition of any specific hate crime laws).

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    105. Re:As soon as they ... by Boronx · · Score: 1

      Money, because he's just a scumbag that can be dealt with, one scumbag at a time by the whole community. We used to have folks around here promising to hang interracial couples from the nearest street light. Local law never did anything to these guys. Bill Clinton and Janet Reno came in and kicked their asses continually until they went to jail or just left.

    106. Re:As soon as they ... by Hognoxious · · Score: 1

      Intending to kill is one thing. The reason behind the intention is another thing entirely.

      The hate crime bullshit is all about the second.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    107. Re:As soon as they ... by Kjella · · Score: 1

      That isn't what you're arguing. If a KKK member kills a black person for being in a white neighborhood, that can have a chilling effect: Black people will avoid white neighborhoods. But if a KKK member kills a black person for being black, not for being anywhere or doing anything in particular, there is no chilling effect since there is nothing for a black person to do differently to avoid it. But the hate crime laws still punish the latter more than a "normal" murder. So your position can only defend "hate crime" laws to the extent that a "hate crime" is limited to a crime that is intended to have chilling effects. The existing hate crime laws punish more than that.

      You don't understand how a racist thinks. their very existence where they don't "belong" is a provocation and so is every time they pretend to be equal to the "superior" race. Maybe it's not so obvious in the US but here in Europe the neonazi paroles have been like "Norway for Norwegians, foreigners out". And they don't mean the nationality in your passport, what generation immigrant you are or how integrated you are, they mean are you ethnically native to the country. If not get out, go "home". Maybe the hypocrisy would be a bit too much for US racists, but I'm sure many of them want to ship them back to Africa all the same.

      Remember that racists don't believe in the "all men are created free and equal". Essentially they want a do-over on the whole Rosa Parks thing and the civil rights movement. Every time inferior races think they have the same right to the same bus seat or the same schools or the same jobs or talking to a white girl as if they're good enough for her, that offends them. That is your "not for being anywhere or doing anything in particular". Hell, it was difficult to make a jury of white men convict a white man for killing a black man, some still like to think they are some kind of animal that can be put down like a dog.

      Obviously it would be wrong on so many levels trying to appease the racists. But that there is "nothing for a black person to do differently to avoid it" is not true.

      --
      Live today, because you never know what tomorrow brings
    108. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Depends on the level of conspiring. Having a few beers with your mates discussing the best way to break into Fort Knox is not quite the same as discovering some Saudi terrorists with box cutters and pilot manuals on Sept 10 2001. I'm more than happy for the latter types to be locked up.

    109. Re:As soon as they ... by MaskedSlacker · · Score: 1

      Well, it doesn't particularly matter what you replied with

      I love when people are this arrogant. Yes sir, you are surely the incarnation of fiat knowledge. Oh please, will you speak and let us be enlightened? Why would I bother reading the rest of your post when you're so arrogant that you actually think your reasoning in a complex issue is foolproof? I'm a pretty arrogant asshole, and even I'm not stupid enough to think my reasoning is perfect.

    110. Re:As soon as they ... by Pseudonym+Authority · · Score: 1, Funny

      That post is written by something that is so stupid, if I took its tiny brain and rolled it down the edge of a razor blade, it would be like a lone car going down a six lane highway. Clearly, you spend way too much time in darkened rooms in front of your seven-year-old computer turning a whiter shade of pale. Go outside once in a while and breathe, before your brain starts to rot from all that festering stagnation and cognitive dysfunction.

      Here's a tip: no one will ever know that you've had a lobotomy if you wear a wig to hide to the scars; stop posting your drivel on message boards, and learn to control the slobbering. I understand what you are trying to say, even though you obviously don't. Have you ever noticed that whenever you sit behind a keyboard, some idiot starts typing? To quote Martin Luther King, Jr.: "Nothing in the world is more dangerous than a sincere ignorance and conscientious stupidity."

      You have that certain nothing. Truly, you are about as interesting as watching a slug move slowly across a large rock. You are nastier than a five-dollar whore getting a shit enema. You're a waste of time, space, air, flesh, and the rectum you were born from, retard. Maybe you wouldn't come across as such a jellyfish-sucking mental midget if you weren't an 'idiot savant' without the 'savant' part; if your weren't so fat that when you run, you make the CD player skip at the radio station, or if you didn't have a face so ugly that Peeping Toms break into your house and close the blinds. Who am I kidding? You would.

      Please try to have some small idea of what in the hell you're talking about before you try to post again.

      TL;DR:You are nothing.

    111. Re:As soon as they ... by MichaelKristopeit126 · · Score: 0, Troll
      you continue to cower.

      what is your name? what is your address?

      what are you afraid of?

      you're completely pathetic.

    112. Re:As soon as they ... by rtb61 · · Score: 1

      Hate crime is treated differently because of it's nature. To rob someone with violence occur to satisfy greed and once filled ceases. Hate crime repeats until the target of hate is eliminated as such is a much more dangerous serial crime, to be repeated again and again upon a far more regular basis and including the elderly and children amongst it's victims. So as a focus of policing and to allow more severe penalties prior to escalation, assault to murder and repeat nature ie nip it in the bud.

      Of course this would not be necessary if every convicted criminal underwent a psychiatric examination to detect the underlying psychological motivation like psychopathy and the sentence was based upon likely effectiveness of lack there of of rehabilitation ie once detected should psychopaths or those very likely to repeat their crimes be released back into the population. This is of course blocked by idiot knee jerk reactionaries who view mental conditions as excuses to avoid punishment and prisons should be places of sadistic punishment rather than constructive rehabilitation or long term humane isolation from the rest of the population.

      As for cyber crimes, that is just nothing more than a 'neato' political term to get more money and win votes. So it has more to do with exaggerating crimes rather than diminishing them.

      --
      Chaos - everything, everywhere, everywhen
    113. Re:As soon as they ... by Pseudonym+Authority · · Score: 1

      My name is Samuel Kieck, and I live at Ste 260, 2800 S Interstate 35, Austin.
      Why are you so mad thou?

    114. Re:As soon as they ... by davester666 · · Score: 1

      Then why to cops get more protections? Hell, they VOLUNTEER to do it.

      --
      Sleep your way to a whiter smile...date a dentist!
    115. Re:As soon as they ... by internettoughguy · · Score: 1

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

      Yes and it's critical information when deciding whether or not to parole as well, as those who commit "hate crimes" are very likely to re-offend, so should logically be kept out of society for longer than those who commit crimes out of passion or desperation.

      When your killing people simply based on race/sex/beliefs, there are millions of potential victims.

    116. Re:As soon as they ... by internettoughguy · · Score: 1

      What if the person's a little crazy and lacks the kind of resources to actually carry out the crime? There's been some big terrorism convictions where they have given people monstrous sentences for planned crimes that they could not have actually committed.

      We should hook up ECG scanners to elderly folk, and when we detect murderous intent for their "carers"; we'll be able to use that as excuse to put them down.

    117. Re:As soon as they ... by MichaelKristopeit126 · · Score: 0, Troll
      i'm mad that you think that "thou" is a conjunction and not a pronoun, retard.

      enjoy your apartment.

    118. Re:As soon as they ... by Pseudonym+Authority · · Score: 1, Insightful

      Look here son, you are still shitposting. Why do you do this? What makes creating new accounts so enjoyable?
      Why don't you just go back to posting on 12chan if you insist on being a retard?

    119. Re:As soon as they ... by Jedi+Alec · · Score: 1

      That's pretty much the argument here on /. against a lot of legislation. "Well, yeah, in theory it kinda sounds like a good idea, but i don't trust the folks who're supposed to enforce it".

      Take 1 liter of incompetence, half a liter of corruption and 2 teaspoons of evil overlordness and you get the recipe for the way government is perceived by a lot of folks around this here place.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    120. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

      It's quite obvious that GP didn't intend to say anything like that.
      Good work, you found a "bug" in his post, have as many cookies as you like, you are still trolling.

    121. Re:As soon as they ... by Anonymous Coward · · Score: 0

      that story was cool, man.

    122. Re:As soon as they ... by mwvdlee · · Score: 1

      Read the other threads under this parent instead of trolling here, please. I'm proving why I'm right without uncertainty.

      Only religious nutjobs are "right without uncertainty". Sensible people are "right until proven wrong".
      And you most certainly cannot prove you are right without uncertainty. At best you can disprove specific statements.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    123. Re:As soon as they ... by mwvdlee · · Score: 1

      If the cops catch you getting out of a running car with your hoodie, mask, empty dufflebags and loaded guns in front of a bank building... you should probably be put in jail for attempted robbery.
      Just because the cops succesfully did their job of protecting the innocent doesn't make your intentions any less criminal.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    124. Re:As soon as they ... by mwvdlee · · Score: 1

      If a store gets robbed or a person gets shot in my neighborhood, I may feel a little less safe, but I don't feel anybody's out to get me.
      If somebody murdered somebody because they were a white male geek, I'd be a lot more scared.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    125. Re:As soon as they ... by mwvdlee · · Score: 1

      Both are murder. However, the former causes fear among all Irish members of the community merely for being born Irish. The latter causes fear among... people who are sleeping with Jim's wife?

      It depends on how big a slut Jim's wife was.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    126. Re:As soon as they ... by poliscipirate · · Score: 1

      So does convicting someone of conspiring to commit a crime that never actually took place.

      You need it to be an arrestable offense so that you can prevent the implementation of the planned crime. Convicting someone for it afterwards is meant to punish and prevent them from attempting to do it again.

    127. Re:As soon as they ... by bratwiz · · Score: 1

      Of course, then you have the fringe cases, like where the perps smash in the synagogue's window and vandalize the place and then spray paint fleur de le's all over the place, or kill a transvestite and carve "FIG" into their chest... do you prosecute them for being terrorists, or for just being plain old retards?

    128. Re:As soon as they ... by Shikaku · · Score: 1

      Halloween party gunshow?

    129. Re:As soon as they ... by cp.tar · · Score: 1

      How do you assault someone in self-defense? You can defend yourself from assault, in which case the person assaulting you may suffer physical harm. It can be determined that the self-defense response was not appropriate (e.g. shooting someone who threw a wadded up piece of paper at you.) but someone cannot take defensive action until someone has taken offensive action or made it appear apparent that they were about to take offensive action.

      Two words: preemptive strike.

      </ducks>

      --
      Ignore this signature. By order.
    130. Re:As soon as they ... by Anonymous Coward · · Score: 0

      It could be worse: what if hate crime was another word for SOCIALISM !!!

    131. Re:As soon as they ... by Tom · · Score: 1

      So does convicting someone of conspiring to commit a crime that never actually took place.

      I hope you mean "because in the end they decided not to do it" and not "because the police stopped them".

      Because man, I am happy that the police doesn't have to stand by and wait until a crime has actually happened. Prevention is as much a part of their job as investigation.

      --
      Assorted stuff I do sometimes: Lemuria.org
    132. Re:As soon as they ... by McGuirk · · Score: 1

      Your analogy of the old lady is an issue of intent, not motive. Accident vs. Intended is intent. Kill the old lady for her money vs. you don't like her face is an issue of motive.

    133. Re:As soon as they ... by neoshroom · · Score: 1

      "CAUSE executive director Neil Schwartzman, in a post on CircleID, urges governments and law enforcement to treat cyber crime as what it really is: 'crime': 'When someone is mugged, harassed, kidnapped or raped on a sidewalk, we don't call it "sidewalk crime" and call for new laws to regulate sidewalks. It is crime, and those who commit crimes are subject to the full force of the law. For too long, people have referred to spam in dismissive terms: just hit delete, some say, or let the filters take care of it. Others — most of us, in fact — refer to phishing, which is the first step in theft of real money from real people and institutions, as "cyber crime." It's time for that to stop... This isn't just email. This isn't a war. This isn't "cyber." This is crime.'"

      Great idea. It will happen about the same time that "white collar crimes" are treated the same as mugging or burglary.

      Yes, totally "great" idea because:

      When I get a grocery circular in the mail, that isn't junkmail: it's a serious crime called spam.

      When someone talks about me or to me in a way I don't like, that isn't free speech: it's a serious crime called cyberstallking/cyberbullying.

      Can we stop criminalizing every little behavior under the sun? Personally, I think Moses had one thing right. Ten laws are way better than several thousand. Now if we could only get around to solving problems instead of criminalizing problems—there is a huge difference between the two.

      --
      Big apple, new Yorik, undig it, something's unrotting in Edenmark.
    134. Re:As soon as they ... by McGuirk · · Score: 1

      I find myself a bit jaded with Hate Crime laws as the hate crime designation is often thrown around as if it were seasoning on food. It doesn't only apply to racists.

      Here's my prime example: I know a fellow who decided it would be funny to throw a water bottle at a car. Idiotic thing to do, yes, but the lady whose car he hit called the cops. That's even fine. However, when he was convicted (I can't remember of what) it was considered a hate crime. He was white, the lady driving the car was black. There were no words spoken between the two. Why is that?

    135. Re:As soon as they ... by walterbyrd · · Score: 1

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

      Self defense is not a crime. While intent may be relevant to determining punishment, that is not a reason for special category of crime.

    136. Re:As soon as they ... by mwvdlee · · Score: 1

      Halloween party gunshow?

      Which should be considered a criminal offence.
      Problem solved.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    137. Re:As soon as they ... by rjstanford · · Score: 1

      i do, one is premeditated murder, the other is more than likely accidental manslaughter. reasons for a crime / excuses for crimes should only lessen the extent of punishment as required.

      The trouble with that is that often, before the legislation, a hate crime would fall into the lesser category: "How could it be premeditated murder when we'd never even seen the [insert slur here] before we lynched him?" Even if a group of people went out with intent to find a [insert slur here] and kill them, that didn't imply that the specific crime was premeditated. Hence the new rules which, admittedly, sound goofy at first. The history of law is an interested history to study.

      ps: the Shift key makes your posts, and therefore your ideas, easier to read and thus more likely to convince people.

      --
      You're special forces then? That's great! I just love your olympics!
    138. Re:As soon as they ... by therealkevinkretz · · Score: 1

      Right. And every day that perception is positively reinforced. To perceive it otherwise would be illogical.

    139. Re:As soon as they ... by Gravitron+5000 · · Score: 1

      Slashdot: So easy a caveman can do it.

    140. Re:As soon as they ... by hesaigo999ca · · Score: 1

      >It will happen about the same time that "white collar crimes"
      If you are talking about things like that guy that stole 50 billion dollars....and got a slap on the wrist, that might be because none of the affected parties came together and pushed for a hard sentence, they all separately did their own thing, where as if this person had stolen 50 billion dollars from just one company, that company would have had the legal weight to throw the book at him with.

      I think it would be great to finally get more people understanding that cyber crime is crime and not juts haxors having fun....too many people are too easily swayed from pressing charges when it comes to computer stuff, because they have no time or patience for it. The company (like gene simmons) that has been dddosed repeatedly (don't even know why really), seems to me would be a great starting point.

      If we can start applying more awareness on that subject, the more it comes out, the more people know what they can do when it happens to them, the more it sets precedents.

    141. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      But that's why we don't have penal codes for "killing", we do have them for "murder", "manslaughter", etc. In other words, existing law already distinguishes between the intent in regards to the outcome. Hence, why designating some murders as hate-motivated and therefore worthy of additional punishment is repugnant - murder is, well, murder.

    142. Re:As soon as they ... by SoVeryTired · · Score: 1

      "Hah! Attempted murder? Now honestly, what is that? Do they give a Nobel prize for attempted chemistry? Do they?"

      --
      Slashdot: news for Apple. Stuff that Apple.
    143. Re:As soon as they ... by Anonymous Coward · · Score: 0

      If a crime is not directed at only the actual victim but against a larger group of people, that intention -be it hate or the intention to intimidate- should be taken into account.

      One could argue that most crimes are directed at a "larger group of people" that many refer to as "society." Is rape a hate crime against women? Is robbery a hate crime against the wealthy? If a crime doesn't have a a strictly personal element (you killed my father, prepare to die) then it must be directed against all people who have anything in common with the victim.

      I might not agree with how the label "hate crime" is used all the time, but it acts as a form of terrorism against minorities and should be treated as such.

      Again, it's pretty terrifying to know that I could be shot in the face walking home because my shoes look nice. TURRRISM!!

    144. Re:As soon as they ... by Anonymous Coward · · Score: 0

      That positive reinforcement of your perception that you see every day is called "confirmation bias".

    145. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Normal crime can restrict the freedom of residents of a community as well. Especially when the media uses it to drum fear into grandmothers.

    146. Re:As soon as they ... by DarthVain · · Score: 1

      Yeah we got hate crimes here in Canada as well.

      Lighting a cross on fire isn't exactly illegal, but doing on the front lawn of an interracial marriage couple while yelling racial slurs in the dark might be, as shown by some douchebags this past year.

    147. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Nice touch taunting them with the metric system ;)

    148. Re:As soon as they ... by Anonymous Coward · · Score: 0

      Soulskill, if you want crime to be called crime, then don't say "real money" and "real people",
      just say money, and people

    149. Re:As soon as they ... by Anonymous Coward · · Score: 0

      I don't believe the Cybermen of Dr Who have returned.

      If I am on a jury, and I hear cyber crime mentioned I am most likely to acquit and award damages against the prosecution. Unless they were nasty and disproportionally destructive. As State victim compensation maxes out at 50K, that is the maximum for 'cyber crime'
      cyber = victimless
      crime = civil matter or trespass
      whinging : If someone got in, you bear some personal accountability. If you need to do feelgood restores, you wear that as a business cost.

    150. Re:As soon as they ... by juasko · · Score: 0

      No, the first is not a murder, the second is.

      An kill in an accident, is an accident, the result is just as severe as in the case of the murderer, but the cause is way different. Motive is usually also used as a key to find if it was a murder, manslaughter (sounds bad in english dråp in swedish) or accident. Mostly between the first two.

      If I have a motive to kill someone it's more likely that I commit a murder and not manslaughter. The result is the same of the both, howerver calls for different judgement as the first one of them is rawer then the second, a planed act versus an impulsive act, 'that might have been provoked'. Murdere could also be provoked but is more sever as the one in act has had time to calm down and rethink his actions.

      But it does not mather where the crime happens, if it's at the sidewalk, on a cargo ship in the middle of pacific ocean or in the mountains, or desert of nevada.

      So place and time of the act should not matter, but motive, way of action with other variables are still very important features to consider. But a crime is a crime, no need to give specail names to crimes done on different locations.

    151. Re:As soon as they ... by Anonymous Coward · · Score: 1, Informative

      No, terrorism is something slightly different. Terrorism is creating terror in a group as a mean to obtain something else.
      A hate crime is a crime motivated by hate.

    152. Re:As soon as they ... by Dorkmaster+Flek · · Score: 1

      The motive in those cases is not what matters. It's the circumstances of the crime. Accidentally killing someone in a car accident is different than killing someone in the heat of passion (manslaughter) which is in turn different from premeditated murder.

      --
      I like to think of online DRM as something akin to a college -- you pay for lessons until you learn something.
    153. Re:As soon as they ... by juasko · · Score: 0

      Revenge can be motivated by love atctually, the love for the one suffering from a crime. But a revange is still a crime, if not legally a crime it's morally.

      Those who confess to crhistianty should know this, "-the revenge is mine", not yours, not even the one suffering from a crime should revenge. Musslims are more close to the ancient Jewish system where ther revenge belonged to the family of the one suffering from a crime, though the modern musslim way is nowhere near the orign, where the one guilty was punished, but now usually the victim is punished especially if it happend to be a woman.

      And for those who are non belivers or atheists, well the teaching of moral which our laws base on; have their orign in different religions. The western way has it origns in the chistian teachings. Some base their laws on Islam, and other base them on some other religion.

      So religion has had a key role in the laws made, and in teaching a sertain amount of moral knowledge. And before someone says the western way is based on Roman right. Rome chose "christianity" as their state church, today known as the catholic church... church of Rome. I dont say I agree with their teachings or the others mentioned. But they still have played their role in forming modern law systems like it or not, but it's a fact.

      Even the modern state of Israel is "thanks to" or "due to" the Christian belives that where strong during that time period. Israel would not have existed today if it where not due to Christianity. And many christian bodies still belive that Israel is where Jesus will appear in his second coming. This was the forse behind forming a modern Israel. Where christian leaders agreed on forming an new state of Israel, sort of "helping Jesus in his works". Their methods where not that "chirstian" but still we can recognise the force religion has had on politics and still have.

      This became a bit oftopic, but I hope I brought some perspective into the diskussion. Sertanaly a crime is a crime, wheter it was hate or love or any other motive.

      Motive as I mentioned earlier only is a way of meassuring type of deed from the one comitting a crime, was it a murder, manslaughter or an accident. An accident is actually usually not a crime, though it's results are no less severe. Aslo different judgments are made on depending on if it was a murder or an manslaughter. (I hope the words have the same meaning as in my native language*).

      *)Murder, an planed act of killing a fellowman, manslaugher an unplanned act of killing a fellowman ("in the heat of the moment").

    154. Re:As soon as they ... by juasko · · Score: 0

      didn't he say he didnt care about motive, intent and motive are not the same.

      I can have a motive to kill John Doe, but I don't have the intent to. Motive motivates, it does not cause or act, and it's lesser than the intention. I could have the intention to kill John Doe, it has still not caused me to but will if given the chance.
      The chance is also subjected to variables. Could be at every or any chance. Or at the chance where getting caught is minimized. Which is also subjected to vary. As there might be different levels of aceptable chance of getting cought.

      Disclaimer:
      Now this was just to describe, if your name happen to be John Doe it's not you that is mentioned.

    155. Re:As soon as they ... by CannonballHead · · Score: 1

      I disagree with the revenge-from-love. Perhaps the hate of one who caused the suffering is "motivated" by the love for the sufferer... but I don't think people want revenge (or become vengeful) simply because you love the sufferer. There is nothing you can do, out of love, for someone who died; but you can be moved to hate for the one who killed, and thus be moved to revenge.

      And yes, revenge, according to the Bible, is not to be carried out personally. :)

    156. Re:As soon as they ... by Dalzhim · · Score: 1

      Carving fag on a travestite's chest isn't terrorism. It's a death threat against homosexual people.
      Instead of labeling crimes as "hate crimes", we should subdivide them into two different crimes. Murder, and death threats against a large group of people supported by an example.

    157. Re:As soon as they ... by juasko · · Score: 0

      Yes probelm is that people here don't differenciate Murder and manslaughter. But they are different.

      Motive behind a murder, should not call for difference. But motive might show the difference between what act that was comitted. And what act that was committed calls for different judgements.

      I'm not a lawyer but hey, this should be common knowledge.
      Accidents can happen, still you might be called responsible for that accident. E.g. dig a hole in the street ("legally") what ever reason. Don't mark it and set up warning signs clear ahead. You can be charged for the accidents that happend. No you did not cause the accident, but your still responsible.

      If you did you part, there is that should be layed on you. But if you didn't an accident can be enough for jail, even if you wheren't directly involved in the accident.

      There should be different judgements depending on different acts. But motive or intetion is never the act. However they help in judgeing what act actually was commited. And it's the type of act that is basis for the judgement.

    158. Re:As soon as they ... by bussdriver · · Score: 1

      In terms of public threat the robbers who kill for money are a bigger problem since there are more people to rob than there are homosexuals. I figure more people will hear about them IF they get out of jail than the robber-- making the robber more of a threat if they get back into the public.

    159. Re:As soon as they ... by ginbot462 · · Score: 1

      Then we can turn them into "biofuel".

      It's people. Biofuel is made out of people. They're making our fuel out of people. Next thing they'll be breeding us like cattle for food. You've gotta tell them. You've gotta tell them!

      --
      Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion
    160. Re:As soon as they ... by Kell+Bengal · · Score: 1

      Mr. Kristopeit has a history of seeking out intelligent posters and trying to provoke them by posting logically flawed responses, then moving on to inane rubbish and, if you persevere, insults. In a perverse kind of way, his bothering people is a compliment as it shows that they're the sort of sensible thoughtful poster he just can't stand and is compelled to troll.

      Perhaps it amuses him, perhaps he is frustrated and wants revenge at his intellectual betters, or perhaps he is unhinged in some way. Regardless, his masterful sibling post "ur mum's face insist on being a retard" says everything you need to know about the guy.

      --
      Scientists point out problems, engineers fix them
      altslashdot.org: The future of slashdot.
    161. Re:As soon as they ... by jewens · · Score: 1

      I think your stance on self defence goes wrong when you use the word "any" twice in the first sentance and leave out the word "immediate" before threat.

      Try this version on for size "I'm a firm believer that force is acceptable for self defense while the other party is still an immediate threat."

      If you are capable of exerting "excessive force" then you certainly ought to be able to defend yourself using a less-than-excessive level of force long enough to get the hell out of dodge.

      If you intend to remain within the realm of self defense then it breaks down like this.

      1. Person kicks/attempts to kick you - this is assault
      2. You defend/counter-attack to enable yourself to get away - this is self defense
      3. You escalate/continue the attack beyond #2 - now you're fighting.
      4. You defeat the original attacker using "excessive force" - Congratulations, now you've commited assault. Be sure to give Bubba a high-five in prison shower.

      To prevent this being modded off-topic here is the cyber version.

      1. Your server is probed by an unknown entity with an IP address in China - this is a cyber attack
      2. You block all traffic from said IP address at the firewall - this is self defense
      3. You start scanning the IP address in China - now you're fighting.
      4. You unleash the full force of /. by redirecting every article link to the IP address in China- Congratulations, now you've commited a cyber crime.

      --
      That group of bovine standing over there appears quite portentous. That's right it's an ominous cow herd.
    162. Re:As soon as they ... by RapmasterT · · Score: 1

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

      Self-defense isn't a crime. Also, you've confused "intent" with "motivation", they're very different things. As long as a person INTENDS to commit a crime, I don't care what their MOTIVATION is.

      Many people in this thread have made the same mistake. The difference between murder, manslaughter, and self-defense are in no way related to the motivations for the action.

    163. Re:As soon as they ... by RapmasterT · · Score: 1

      Given your reasoned response I'd like to hear why you do not support hate crime legislation.

      Mostly because the 14th Amendment to the US Constitution prohibits it. Equal protection under the law is a little difficult to come by if you say one class of people is deliberately to be treated differently.

      Beyond that, there is the guilty until proven innocent element of hate crime legislation.

    164. Re:As soon as they ... by RapmasterT · · Score: 1

      In that case, let's make manslaughter the same as 1st degree murder. After all, intent doesn't matter, only results, right?

      The words "motivation" and "intent" are not synonyms. I'd suggest when you look up the definitions, you also look up "straw man argument" as well.

    165. Re:As soon as they ... by Anonymous Coward · · Score: 0

      You forget the fact that a cyber crime is committed on the internet, the WORLD WIDE web. Which is, you guessed it, world wide. If someone got mugged in a sidewalk that existed on the border of two nations, it wouldn't be just "crime" as you say it. It would apply a vastly different set of rules that both nations involved can agree on.

    166. Re:As soon as they ... by ImprovOmega · · Score: 1

      As far as I understand the law in the U.S. (I am not a lawyer) you can only be prosecuted for conspiracy if you've taken tangible steps in preparation for a specific act. Like buying pipes and gunpowder, or putting together a robbery kit, or getting in touch with a hitman and hammering out contract details, or other things like that. Talk is cheap and still generally legal, as far as I understand.

    167. Re:As soon as they ... by Anonymous Coward · · Score: 0

      If someone kills in self-defense, then it isn't a crime. Committing a Matthew Shepard type incident is a crime regardless of the motivation.

    168. Re:As soon as they ... by Teunis · · Score: 1

      IF I remember the writing of the law correctly (I'm not a lawyer. I've a dreadful habit of reading books of law for fun) - the hatred laws in Canada have to do with the inciting of violence, not as much on who the targets of the violence are. It's an interesting difference from what sounds to be English law.

    169. Re:As soon as they ... by sumdumass · · Score: 1

      So then you support the special treatment?

      Cops get the special protection of extra penalties only because they are enforcing the law or apprehending suspects after the law has been broken. If you look, you will find that all government officials get extra protections from assaults, threats, and other violent acts in connection to their duty.

      And no, even if it was a gay cop in a sports jersey sitting at the end of the bar that two guys pounded the crap out of because their team got beaten by the team on the sports jersy, those special or more protection doesn't kick in unless the cop a: makes it known he is a cop, and B: is acting within his official duties. If an off duty cop starts a fight with you over a parking place and you end up winning the fight, you are not facing more charges for hitting an officer of the law then you would be if it was me.

    170. Re:As soon as they ... by sumdumass · · Score: 1

      Motive shouldn't matter at all. The state of mind and how calculated the act was should. You can't say that a person who sneezes and looses control of their car, riding up into the sidewalk and killing a person in the process is any different whether the person who died was black, white, gay, straight, or anywhere in between. Even if it was a white supremacist driving and a black man who died or a black panther racist driving and a white man who dies. Now what you can do is use the racial element and investigate further to determine if it was an accident or intentional killing which would demonstrate a different state of mind. However, that is not determined by default due to a law. It has to be looked at, considered with the evidence, and judged in the normal process of law. In other words, making it a hate crime does nothing more then proving it to be intentional would do which is one step below proving why it was intentional.

      Motive should not mean anything except if the court is going to be lenient on a person or not. And to that point, it can all end up going back to the state of mind. Suppose you waiting in the corner of the house for your spouse to come home with a loaded gun, the shot and killed him or her. This shows intent along with premeditation. Not suppose that your spouse was mentally and physically abusing your and your kids, made you scared to death (fear of losing your life) if you reported it to anyone. Now this also shows motive, it either shows revenge or self defense. Necessity is a valid defense in most situations so self defense might not even make it to the court. Where it would/might, you would only be judged on the amount of force over the minimum needed to escape the harm to it's more of a mind game between you and the judge/jury.

    171. Re:As soon as they ... by sumdumass · · Score: 1

      I love when people are this arrogant. Yes sir, you are surely the incarnation of fiat knowledge. Oh please, will you speak and let us be enlightened?

      well, the question was just supposed to get you to think about what hate crime laws miss. Obviously, it didn't work on you at all. But the real reason I said it didn't matter was because existing law already account for those people who do it over and over again.

      So please do not mistake your ignorance for my arrogance.

      Why would I bother reading the rest of your post when you're so arrogant that you actually think your reasoning in a complex issue is foolproof? I'm a pretty arrogant asshole, and even I'm not stupid enough to think my reasoning is perfect.

      Look, if you want to be an idiot, that's your fault, not mine. You can remain a stupid as you wish for all I care. If the very first sentence of the next paragraph, you know, the only you only quoted part of, it listed why it wasn't important. I mean hell, you wasted more time and effort quoting and replying then it would have taken to finish reading the fucking sentence and spending a minute to understand it. I'm sorry that my regular use of the English language was not dumbed down enough for you to understand that repeat offenders already get dealt with more harshly. I'm sorry that me bringing up a point about the idea that repeat offenders need to be stopped with special laws that do not capture all repeat offenders is already covered by existing laws and the special laws aren't needed is too difficult for you to understand. But hey, this is the internet, lets start a campaign to create a special law to protect you.

    172. Re:As soon as they ... by Intron · · Score: 1

      So does convicting someone of conspiring to commit a crime that never actually took place.

      I hope you mean "because in the end they decided not to do it" and not "because the police stopped them".

      Because man, I am happy that the police doesn't have to stand by and wait until a crime has actually happened. Prevention is as much a part of their job as investigation.

      That's where we differ, then. I'm not happy with police "preventing crime". Look up the Tulia TX drug sting - it prevented a whole lot of drug crime. Or look up how the police prevented Fred Hampton and the black panthers from committing crimes in Chicago. If you think those are exceptional cases, then tell me what exceptional punishments happened to the police officers involved.

      --
      Intron: the portion of DNA which expresses nothing useful.
    173. Re:As soon as they ... by kdemetter · · Score: 1

      So much anger , so much hate.

      Come on , don't repress it , let it all out.

    174. Re:As soon as they ... by Tom · · Score: 1

      That's where we differ, then.

      In principle, or in our assumption of how much fucked up shit and blunders happen when they try?

      I'm serious. Imagine you go shopping and a few armed assholes hold up the shop you're in. One of them is pointing a gun at you, and he's joking with his pal that he'd like to shoot someone, just for the fun of it. Fortunately, there's a whole squad of police officers also in the shop. Two of them are moving to arrest the guy holding up the shop keeper. Four are watching you and your potential murderer, but they refuse to intervene until he actually pulls the trigger.

      That is the world you want to be living in?

      --
      Assorted stuff I do sometimes: Lemuria.org
    175. Re:As soon as they ... by mywhitewolf · · Score: 1

      1. Person kicks/attempts to kick you - this is assault 2. You defend/counter-attack to enable yourself to get away - this is self defense 3. You escalate/continue the attack beyond #2 - now you're fighting. 4. You defeat the original attacker using "excessive force" - Congratulations, now you've commited assault. Be sure to give Bubba a high-five in prison shower.

      To prevent this being modded off-topic here is the cyber version.

      1. Your server is probed by an unknown entity with an IP address in China - this is a cyber attack 2. You block all traffic from said IP address at the firewall - this is self defense 3. You start scanning the IP address in China - now you're fighting. 4. You unleash the full force of /. by redirecting every article link to the IP address in China- Congratulations, now you've commited a cyber crime.

      the problem is

      1, you defend / counter-attack to enable yourself to get away,

      2 person becomes bitter because you fought back and shoots you as you run away, you don't know the persons intentions and what they are capable of.

      3, I'd prefer to be hi-fiving Bubber for 3 years then be dead.

      I wonder how many women get raped/murdered because they tried to defend them selves by kicking the guy in the nuts and then run away only to be caught again and worse to happen?

  2. gray area? by MasterGwaha · · Score: 1

    "sidewalk crime" has too much gray area. thats why we just call it crime. cyber crime though... well its specific too isnt it?

    1. Re:gray area? by Monkeedude1212 · · Score: 2, Insightful

      What are you guys on about?

      Street crime is a loose term for criminal offences taking place in public places. It has commonly been used for the term mugging around here.

      There is a great distinction in Cyber Crime - like they mention phishing. If I had gone door to door pretending to be with your bank and requested any of your credit cards, you'd either be considered an idiot and/or I could be charged with some form of fraud. Fraud is it's own kind of Crime - it has it's own laws regarding it, why can't Cyber stuff be the same?

      I get what you're trying to say, people don't seem to take "Cyber Crime" as serious as regular crime, but they are very different, in many ways, and segregation already exists in other forms of Law.

    2. Re:gray area? by MightyMartian · · Score: 1

      What do they call it if someone throttles you with your iPod USB cable? iMurder?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:gray area? by mangu · · Score: 0, Flamebait

      If I had gone door to door pretending to be with your bank and requested any of your credit cards, you'd either be considered an idiot and/or I could be charged with some form of fraud.

      In some places if you leave the keys in your car and it gets stolen you may be considered an accessory to the crime. It should be the same thing if your computer is not adequately protected.

      Ignorance should be no excuse. If you are too lazy to learn how to use it properly, then you should not use a computer. People who let their computers become part of a criminal organization should be prosecuted as accessories.

    4. Re:gray area? by Tacvek · · Score: 1

      Most so called "cyber crime" are already crime and the appropriate categorization should be used. Why should "cyber" fraud be considered any different than regular fraud? There is no need.

      Why should "Hacking" not simply fall under existing categories like invasion of privacy, tortuous interference, damage to property, etc?

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    5. Re:gray area? by jonbryce · · Score: 1

      In England, if you steal money from a bank using a computer, there may well be a computer misuse act offence on the charge sheet, but the main charge will be theft or fraud, much the same as if you had stolen the money from the bank using forged paper documents. If you raid the bank and take the money by force, then there will be additional firearms and robbery related offences on the charge sheet.

      From the police's point of view, it will be the cybercrime unit that deals with the investigation and passing the information on to the Director of Public Prosecutions, because they are the ones with the IT experience to deal with it. The work required by the police is a bit different from the usual fingerprint and DNA sample approach used for offline crime.

    6. Re:gray area? by pgmrdlm · · Score: 1

      Why should there be a limit in the amount of losses to occur before something is investigated?

      http://listcrime.com/reportcybercrime.html

      Although you should report cybercrime to Federal law enforcement, unfortunately they usually don't work on small monetary losses. What commonly happens is that U.S. Attorney's office for these federal agencies will decline prosecution because your monetary loss is just not enough for them to seek prosecution at the federal level.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    7. Re:gray area? by SpammersAreScum · · Score: 1

      Fraud is it's own kind of Crime - it has it's own laws regarding it, why can't Cyber stuff be the same?

      Wrong question. Fraud is a type of crime which could be committed through any number of channels, including mail, telephone and online. Why should online -- "Cyber" -- fraud be viewed or treated differently from the others?

    8. Re:gray area? by ArsonSmith · · Score: 2, Insightful

      In other places it may be grand theft auto, plus circumvention of an access control device (DMCA) with keys that have software chips in them.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    9. Re:gray area? by Tacvek · · Score: 1

      That is true of anything you report to the FBI. If it is not drug-related, violent, or involving a lot of money, you are very unlikely to ever hear back.

      Its not often a problem though, because many federal crimes are also state crimes, so the state police can do the investigating and then offer the case to the US Attorney (who may be more inclined to prosecute if it did not take up the time of the FBI, etc) or prosecute at the state level.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    10. Re:gray area? by compgenius3 · · Score: 1

      If I had gone door to door pretending to be with your bank and requested any of your credit cards, you'd either be considered an idiot and/or I could be charged with some form of fraud.

      I would argue that you're an idiot if you respond to phishing e-mails.

      --
      Sexual intercourse is kicking death in the ass while singing. ~Charles Bukowski
    11. Re:gray area? by Boronx · · Score: 1

      They don't call it "sidewalk crime" because they call it "street crime", which is totally different and wildly inaccurate by several feet in some jurisdictions.

      What a dumb summary.

  3. Now if we can get people to stop by geekoid · · Score: 0, Offtopic

    saying IT.

    I hear people actually say "I'm in IT." It's like saying "I work in roads" Are you a street cleaner? civil engineer? road painter? sell rock?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Now if we can get people to stop by noidentity · · Score: 1

      Hi, my name is Tom, and I work in MT (matter technology). Oh, specifically? I operate a forklift.

    2. Re:Now if we can get people to stop by santax · · Score: 2, Insightful

      When you are truly in an IT job, you are all of them. After you're done fixing the plumbing that is.

    3. Re:Now if we can get people to stop by Qzukk · · Score: 1

      "I work in roads" Are you a street cleaner? civil engineer? road painter? sell rock?

      Actually, they're one of those little reflective bumps in the middle of the road.

      Hey, that could explain why some stretches of road I have to drive on every night with no streetlights and no painted lines have most of their reflective bumps missing: they all went on strike!

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:Now if we can get people to stop by decipher_saint · · Score: 1

      Yes, that.

      I learnt a long time ago specifically not to mention that "I work with computers" because it inevitably leads to the "Oh really? I'm having a problem with my..."

      When pressed, I just say "systems analyst", most people nod sagely and the conversation continues unimpeded, however I sometimes get the impression that I could say that I'm a "floob doppler" and have that carry equal meaning...

      --
      crazy dynamite monkey
    5. Re:Now if we can get people to stop by geekoid · · Score: 1

      Completely depends on where you work. I have worn all the hats, and I have been in situation where my job is pretty specific. They don't want developers touching the database structure, or running cable.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Now if we can get people to stop by geekoid · · Score: 1

      I don't find that to be true at all. It's very rare someone asks me to fix their computer.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Now if we can get people to stop by santax · · Score: 1

      Man here we devs are sort of happy the 'electricians' stopped running the cables!

    8. Re:Now if we can get people to stop by decipher_saint · · Score: 1

      You sir, are lucky.

      Almost every time I go to a party primarily populated by non-techies it comes up, sometimes vicariously which is even worse ("oh this guy can help you out, he's a programmer"). In reality I don't mind talking about what I do, but I mind very much if I'm being tapped as a resource at a sociable gathering. So it has paid to just keep my big yap shut on that particular subject.

      --
      crazy dynamite monkey
    9. Re:Now if we can get people to stop by Dynedain · · Score: 1

      No, it's more like saying "I'm in Transportation".

      Which is fine to start the discussion, especially since most people don't care whether you are a DB admin or if you are a network engineer. It's all just technology to them.

      Look at people in the aerospace industry, they don't start out by saying "I'm a materials specialist studying the radar reflective characteristics on components with concave non-metallic surfaces under pressure" (or whatever the equivalent job description is), they say "I'm in aerospace" and continue the discussion from there if the other party is interested in more detail.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    10. Re:Now if we can get people to stop by HungryHobo · · Score: 1

      Personally I have no problem doing a little PC work for friends, a friend who's a carpenter did our door, a friend who's an insurance assessor helped us sort out an insurance claim so I'm happy to build up a few favours with friends.

      Strangers can pay if they want to get me to work for them.(exception if they're hot, coding a trivial java app a few years ago helped get me my girlfiend)

    11. Re:Now if we can get people to stop by Anonymous Coward · · Score: 0

      It's like saying "I work in roads" Are you a street cleaner? civil engineer? road painter? sell rock?

      Whoa, slow down a bit. I don't understand all that technical "road talk" at all.

  4. Why 'Cyber Crime' Should Just Be Called 'Crime' by Yvan256 · · Score: 4, Insightful

    Because we're all fed up with the cyber-whatever headlines.

    1. Re:Why 'Cyber Crime' Should Just Be Called 'Crime' by Israfels · · Score: 1

      I'm still waiting for the Cyborg-whatever crimes. Those will be much more interesting times.

  5. "Gun Crime", "Hate Crime" by Anonymous Coward · · Score: 1, Insightful

    The point is to identify a crime committed in a particular way as new kind of crime. Having a different category allows one to expand governmental powers, particularly in the form of regulatory agencies, beyond the bounds of what the public would normally accept for the unqualified crime.

  6. Naive by loteck · · Score: 5, Insightful

    We call it cyber-crime because of the special skills and knowledge required to appropriately investigate and prosecute it. I really don't want a beat cop who makes arrests for street muggings responsible for investigating high-tech crime. Specially trained members of law enforcement will probably be required to enforce especially complex types of crime.

    1. Re:Naive by hellkyng · · Score: 1

      The point isn't that we need to call it cyber-crime to specify the type of researcher needed to investigate it. Its that it needs to be straight crime as far as the courts are concerned. "Cyber-Crime" isn't about nerdy kids sitting in basements anymore (basement dwellers other than slashdotters...), it is about sophisticated organized crime groups coordinating and working together to defraud people on large scales. When someone can steal millions of dollars and infect thousands of PCs and get off with probation it is completely unacceptable. It is extremely profitable to operate a botnet, or spam pillz, and it takes a lot of coordinated effort across multiple countries to put a stop to it. If the courts can't get over this differentiation between "cyber" crime and "real" crime it makes it pointless to prosecute these individuals. This is very nasty crime, perpetrated by very bad people, it needs to be treated as such. I am trying to find a link, but a security researcher had his daughter kidnapped for a number of years for looking into the wrong "cyber" criminals. She was only recently returned to him, after a number of years, having been through much badness. Treating cyber crime as an innocent outlet of nerdy teens is a big mistake.

    2. Re:Naive by Fluffeh · · Score: 1

      but a security researcher had his daughter kidnapped for a number of years for looking into the wrong "cyber" criminals. She was only recently returned to him, after a number of years, having been through much badness.

      I believe that the story you are referring to is this one which was mentioned in the book Fatal System Error by Joseph Menn.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    3. Re:Naive by hellkyng · · Score: 1

      That is the one, good find! Scary stuff, when you are only researching/investigating/prosecuting "Cyber" crime...

  7. But... but... by Qzukk · · Score: 2, Insightful

    What are our elected representatives going to do to convince us they deserve to keep being paid by our tax dollars if they can't make themselves look busy by making things illegaler?!?!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
    1. Re:But... but... by Anonymous Coward · · Score: 0

      But you elected them. Or didn't you vote? Either way you can still take responsibility for what they do. Or you can be irresponsible and think, "None of my business, I didn't vote them in."

    2. Re:But... but... by suutar · · Score: 1

      They'll switch to making sure nothing gets done and then claim to be better than the opposition for not allowing bad stuff.

    3. Re:But... but... by Israfels · · Score: 1

      Wait, wait, this "new" type of crime requires a whole new level of police enforcement. Therefore, we need more tax revenue to pay for that department.

      So don't be angry about the taxes, it's for the children. If you're against this tax, you're against children!

      /sarcasim

  8. Eh? by Anonymous Coward · · Score: 0

    Yeah, we don't call them sidewalk crime or whatever. But we do call them things like "violent" crime, "sex" crime, "white collar" crime, "hobo" crime, "punctuation" crime, etc. So what's wrong with "cyber" crime?

  9. no by Anonymous Coward · · Score: 0

    cybercrime relates to things that can only take place as information. 1s and 0s dcan only do so much.

  10. Call it what you want. It won't matter. by MarkvW · · Score: 4, Insightful

    Local cops generally don't care about contractual fraud unless you deliver a complete evidence package all tied up with a nice blue ribbon. They'll call it "civil" and blow you off.

    Only big cases get any attention.

    There is enough violence to keep the cops busy.

  11. Car analogy by The_mad_linguist · · Score: 3, Funny

    So, it's like saying that we shouldn't call people being shot from a car a "drive-by shooting" or someone being run over by a car a "hit-and-run"?

    Ack, this isn't working. BadAnalogyGuy, help me out here.

    1. Re:Car analogy by Anonymous Coward · · Score: 0

      It's like saying "here is a cyberspace, and now it's up to you if you want to make crime." You're welcome.

    2. Re:Car analogy by Anonymous Coward · · Score: 0

      Those could be either categorized as 'murder', 'attempted murder', 'manslaugther', or possibly 'attempted manslaughter'... all depending on if killing them was attempted or accidental, and whether they were killed or not.

    3. Re:Car analogy by Anonymous Coward · · Score: 0

      Screw that I want a PIZZA ANALOGY!!

    4. Re:Car analogy by Anonymous Coward · · Score: 0

      INABAG but I will jump in anyway.

      It is like saying that if someone decides to rob the drive-in we shouldn't call it a car-robbery.

      (I know, whooosh and all that, but I just wanted to type in a bag.)

    5. Re:Car analogy by Anonymous Coward · · Score: 0

      No, it's like saying even if it is an autonomous car it shouldn't be called a cyber-drive-by or a cyber-hit-and-run.

    6. Re:Car analogy by Anonymous Coward · · Score: 0

      So, it's like saying that we shouldn't call people being shot from a car a "drive-by shooting"

      Well, only if the car (or other vehicle; Escalade? oops.) is actually moving.

      or someone being run over by a car a "hit-and-run"?

      Probably depends on 1) whether the car fled the scene (no run if not?) and 2) whether the victim died (vehicular homicide if so? with fleeing the scene and probably hit and run thrown in if the driver left?)

    7. Re:Car analogy by Anonymous Coward · · Score: 0

      Seriously though, why don't we have "car crime" already? Automobiles are much more mature technology and there are specifics.

  12. Cyber by Prien715 · · Score: 4, Funny

    Cyber sex is sex! You can really get pregnant, not just cyber pregnant.

    Be sure to use a condom!

    --
    -- Political fascism requires a Fuhrer.
    1. Re:Cyber by godrik · · Score: 1

      Would a cyber condom work ?

    2. Re:Cyber by antdude · · Score: 1

      And cyber condom!! :D

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    3. Re:Cyber by rrossman2 · · Score: 1

      It's just a stretchy firewall to keep all of that sper... spam out

    4. Re:Cyber by lul_wat · · Score: 1

      All those 'Cyber Dollars' on my creditcard bill are proof that 'Cyber Dollars' are real money

      --
      Divide a cake by zero. Is it still a cake?
    5. Re:Cyber by Anonymous Coward · · Score: 0

      Except for the part where cyber sex isn't.

    6. Re:Cyber by EdIII · · Score: 1

      Depends. Some anti-virus software is worse than the disease.

    7. Re:Cyber by Anonymous Coward · · Score: 0

      We need to do something about teenage cyber pregnancy.

    8. Re:Cyber by Anonymous Coward · · Score: 0

      Cyber sex is sex!

      Everyone on slashdot just lost their virginity...and didn't realise it already happened. How sad and not memorable.

    9. Re:Cyber by shentino · · Score: 1

      I can't

      I'm iMpotent.

    10. Re:Cyber by Anonymous Coward · · Score: 0

      Sex is not a crime!

  13. Also Naive by betterunixthanunix · · Score: 5, Interesting

    Many modern criminal investigations require specialists. Rape, murder, arson, and so forth -- commonly investigated by specialists. Why should a crime that involves computers suddenly have a special category, when other forms of crime do not?

    --
    Palm trees and 8
    1. Re:Also Naive by loteck · · Score: 1
      Because cyber-crime doesn't refer to a mere specialized type of crime, but an entirely different paradigm. This new paradigm of crime not only requires completely new types of training and skill-building, it will require well-written and clear laws that don't yet exist if we're ever going to get out of the "wild west" in which we currently reside.

      Giving it a label helps to identify it and differentiate it, which is probably beneficial.

    2. Re:Also Naive by CrimsonAvenger · · Score: 1

      Why should a crime that involves computers suddenly have a special category, when other forms of crime do not?

      Yeah, Lord knows we don't want them adding new categories of crimes.

      Next thing you know, we'll have "sex crimes" and "violent crimes" and "victimless crimes" and such nonsense....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re:Also Naive by geekoid · · Score: 1

      but you just listed a bunch of special categories of crimes.

      Sense: you post makes none.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Also Naive by _Sprocket_ · · Score: 2, Interesting

      Because cyber-crime doesn't refer to a mere specialized type of crime, but an entirely different paradigm. This new paradigm of crime not only requires completely new types of training and skill-building, it will require well-written and clear laws that don't yet exist if we're ever going to get out of the "wild west" in which we currently reside.

      New laws? Ahhh - I see. You're part of the problem.

    5. Re:Also Naive by Anonymous Coward · · Score: 0

      How does fraud stop being fraud if it's done using a computer? It may require an investigator with an understanding of how fraud can be conducted using a computer, much like it would take knowledge when dealing with other forms of fraud, but that does not require a large collection of laws that differentiate every single form of fraud. Do we need a special law for fraud when it is perpetrated by someone dressed as Miss Piggy and conducted in a Wal-Mart parking lot?

    6. Re:Also Naive by jack2000 · · Score: 1

      Oh yeah? How about the Drugs squad, or "Internal affairs" for combating crime commited by cops. New branches of the law enforcement need to be established as society changes. Also we're fed up with Cyber-whathave you. You should treat it as crime but marely have specifically trained cops handle it

    7. Re:Also Naive by cptdondo · · Score: 1

      New laws? Ahhh - I see. You're part of the problem.

      Huh?! Crime will always seek new avenues of least resistance. New technology creates new opportunities, and not just for consumers but for those with base motives. Once we figure out what we don't want to happen, we have to create laws against it.

      If you don't have a law against it, it's not a crime. Spam didn't used to be a crime. At one time, hacking into a system connected to a public carrier (eg internet or modem) was not a crime since you didn't physically enter the premises; thus no B&E and no crime.

      We have to create new, effective laws against new exploits against the public good. That's the way civilization responds to change.

    8. Re:Also Naive by DragonWriter · · Score: 1

      Why should a crime that involves computers suddenly have a special category, when other forms of crime do not?

      So, your argument takes as a premise that we don't already have "property crimes", "drug crimes", "organized crime", "violent crime", "sex crimes", "financial crime", "war crimes", "crimes against humanity", and all kinds of other specialized subdivisions of crime besides "cyber crime"?

      Would you perhaps like to reconsider that?

    9. Re:Also Naive by _Sprocket_ · · Score: 1

      Huh?! Crime will always seek new avenues of least resistance. New technology creates new opportunities, and not just for consumers but for those with base motives. Once we figure out what we don't want to happen, we have to create laws against it.

      The methods and avenues of attack may be new, but the crimes themselves tend to be very old. Fraud, harassment, trespassing, etc. We often don't need new laws but rather simply a better understanding of existing law applies to new technology. And an increased awareness of criminal use of that technology.

      You might want to go back over your history a bit. There were criminal cases against intruders well before computer trespass laws hit the books (and the laws that exist are not universal). The B&E bit is a red herring. The real issue back then was being able to demonstrate damages; something that's changed drastically with more recent precedents set for incident handling man-hours being added to the damages tally.

    10. Re:Also Naive by blueg3 · · Score: 1

      There are lots of categories of crime, and many of them have specialists. There's street crime, violent crime, white collar crime, gang crime.

    11. Re:Also Naive by bws111 · · Score: 1

      How do you codify this better understanding? Write it into a law? Or do you just let each individual cop, prosecutor, judge, and jury apply their own 'better understanding'?

      Say you go into a coffee shop and use their wifi. The neighborhood cop comes in and the owner of the shop complains to him that you have been sitting there using their wifi without buying anything, even though the sign says 'customers only'. Does the cop arrest you for fraud (you are pretending to be a customer when you're not)? Trespass (you are using their network without permission)? Theft of services? Any of those COULD be applied in that case if the laws were broad enough (which is what you seem to be advocating). It is much better to have many narrowly written specific laws than a few broad laws that can be interpreted differently by everyone.

    12. Re:Also Naive by _Sprocket_ · · Score: 2, Insightful

      How do you codify this better understanding? Write it into a law? Or do you just let each individual cop, prosecutor, judge, and jury apply their own 'better understanding'?

      Isn't that how it works now? Cop makes an arrest based on his interpretation of the law. Prosecutor decides if there is a case and then makes that case. Judge listens to the prosecutor's case and your lawyer's case, ensuring legal requirements are met and giving instructions to the jury. Jury makes a decision based on what they heard in court (and their own biases). A court ruling is given. A precedent is set. The next time this hits a court, that precedent will be referenced.

      While I appreciate the desire to improve our legal framework, the reality is that legal framework is rather ponderous and slow to catch up with the pace of technology. Laws take time to write. And they go through enough hands that your intent isn't always what gets codified. Laws are rarely cut-and-dry and often interpreted anyway. So what you end up with is a constantly out-of-date yet increasingly complex system of law full of loopholes and pitfalls that only an expert can hope to keep up with, much less understand.

    13. Re:Also Naive by Anonymous Coward · · Score: 0

      We call it cyber-crime because for now we don't know exactly what cyber-crime is. Sometimes we call spam as a crime, but when some agent came to my office I don't arrest hem. Or when someone download some software, is it crime or not?
      When someone murder, thats clear, when someone stole your credit card or money, thats clear. But if you download music from other computer, is it crime, what punishment is good for that and what is to much?

    14. Re:Also Naive by Anonymous Coward · · Score: 0

      Many modern criminal investigations require specialists. Rape, murder, arson, and so forth -- commonly investigated by specialists. Why should a crime that involves computers suddenly have a special category, when other forms of crime do not?

      "In the criminal justice system, [computer]-based offenses are considered especially heinous. In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the [Cyber Crimes] Unit. These are their stories."

    15. Re:Also Naive by bussdriver · · Score: 1

      Experts exist ALREADY for other areas of law enforcement and we didn't need laws for them. THEFT and FRAUD online is the same thing; in fact many spam schemes are based upon snail mail based schemes of the past.

      Giving it a label falsely differentiates it which provides an opportunity to re-invent the wheel in a niche so the lobbyists and other power brokers can do things their way when they can not re-do the existing system. It also creates additional law to complicate things and employ more lawyers (the most powerful special interest group.)

    16. Re:Also Naive by ginbot462 · · Score: 1

      Mod Parent Up.

      I can't believe you're the only one saying this in the replies (from the ones at my threshold).

      He justified the point of having specialties by the very process of listing them.

      --
      Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion
  14. Crime doesn't pay by RLiegh · · Score: 2, Interesting

    But 'cyber crime' pays off in the form of increased profits, boosted ratings, legislation...

    Boogiemen are big business, as /. knows too well...

  15. In English, "x is foo crime" => "x is crime" by DragonWriter · · Score: 3, Insightful

    Others — most of us, in fact — refer to phishing, which is the first step in theft of real money from real people and institutions, as "cyber crime." It's time for that to stop...This isn't just email. This isn't a war. This isn't "cyber." This is crime.

    Should we also stop calling crime that affects property "property crime", and crime that involves violent acts "violent crime", and crime that involves criminal organizations "organized crime".

    Because, you know, all that is crime, too. In fact, as with "cyber-crime", the fact that it is crime is why it has "crime" in its name. Adding a more specific adjective to a noun doesn't negate the basic meaning of a noun.

  16. Ah, but there *is* "gun crime." by timothy · · Score: 1, Troll

    Billboards talk sternly about special penalties for "gun crime," and in the UK the phrase "knife crime" is common, too. (I've heard that one a few times in the U.S., but not often. But over there, there's http://www.knifecrimes.org/uk-knife-crime-victims.html)

    A distinction to be drawn, I think: there are pure category crime descriptions that people *don't* object to (I'm thinking of "white collar crime" / "violent crime"), but these seem different than "gun crime" or "knife crime" (no one talks about "car crime," despite the huge number of vehicular homicides, etc.), because these describe a crime according to its impact / immediate level of fear or risk, rather than on the instrumentalities used to perpetrate it. And I've never seen "gun crime" to mean "theft of lawfully owned guns," only "crimes committed with guns as instrumentality."

    ("White collar crime" is a nice sweeping term that includes embezzlement, some acts of bribery, strategic data destruction, etc - no one needs to call it "adding machine crime," or "degausser crime"; "violent crime" takes in rape, murder, etc, so no need for screwdriver crime, genitals crime, etc.)

    On this basis, "cyber crime" actually has *some* justification, even though it's an annoying term; it seems a fair distinction based the context it which it takes place.

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    1. Re:Ah, but there *is* "gun crime." by _Sprocket_ · · Score: 1

      Billboards talk sternly about special penalties for "gun crime," and in the UK the phrase "knife crime" is common, too. (I've heard that one a few times in the U.S., but not often. But over there, there's http://www.knifecrimes.org/uk-knife-crime-victims.html)

      A distinction to be drawn, I think: there are pure category crime descriptions that people *don't* object to (I'm thinking of "white collar crime" / "violent crime"), but these seem different than "gun crime" or "knife crime" (no one talks about "car crime," despite the huge number of vehicular homicides, etc.), because these describe a crime according to its impact / immediate level of fear or risk, rather than on the instrumentalities used to perpetrate it.

      It seems to me that the distinction is then political in nature. These labels are used to push agendas.

    2. Re:Ah, but there *is* "gun crime." by Mr+44 · · Score: 1

      Yes, and thats part of the problem. "Gun crime" is a term coined by those who have an agenda against the inanimate objects known as "guns". Notice how the term "knife crime" didn't exist until the british busybodies had succeeded in banning guns and needed a new target...

    3. Re:Ah, but there *is* "gun crime." by DragonWriter · · Score: 2, Insightful

      It seems to me that the distinction is then political in nature.

      All distinctions involving crime, including (perhaps most especially!) the distinction between "crime" and "not-crime", are political in nature.

    4. Re:Ah, but there *is* "gun crime." by timothy · · Score: 0, Flamebait

      Agreed, heartily :)

      Both "gun crime" and "knife crime" remind me a lot of the never-heard-before-2010 phrase "Homeland Security," which to me has an unpleasant mix of aw-shucks! and Heimat.

      I keep waiting for the term "glass crime" to be used; are you aware of the handwringing over this in Scotland? They say "glassing" instead. (cite: http://www.theglaswegian.co.uk/glasgow-news/news/2010/05/06/horror-glass-attacks-cut-thanks-to-drive-for-safe-drinking-in-glasgow-102692-22237602/)

      timothy

      --
      jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    5. Re:Ah, but there *is* "gun crime." by adamofgreyskull · · Score: 1

      (no one talks about "car crime," despite the huge number of vehicular homicides, etc.), because these describe a crime according to its impact / immediate level of fear or risk, rather than on the instrumentalities used to perpetrate it. And I've never seen "gun crime" to mean "theft of lawfully owned guns," only "crimes committed with guns as instrumentality."

      Umm...actually, since you mention it....in the UK the phrase "car crime" is used often. And more often than not, it's used in reference to theft of cars or theft from cars rather than speeding, death by dangerous driving or "joyriding" (though it is also used for those...sometimes).

      Anyway, "cyber crime" should be reserved for such time as cyborgs start committing crime, or we will find ourselves with a crime-description gap. (Robo-crime sounds too jokey, will never take off). And what if the cyborg commits a genitals crime with a gun...in a car! How will we classify *that* for the Annual Crime Survey?

    6. Re:Ah, but there *is* "gun crime." by timothy · · Score: 0, Redundant

      For that matter, what will happen when a love crime is accidentally interrupted by a hate crime because of a religion crime? Hopefully the cops will be able to sort it out ... the *police* cops.

      timothy

      --
      jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    7. Re:Ah, but there *is* "gun crime." by blueg3 · · Score: 1

      Strictly speaking, they're legal in nature. It's possible (though unlikely) to have a legal system in the absence of a political system, so a distinction between crimes can exist without a political nature. (It is necessarily legal, though.)

    8. Re:Ah, but there *is* "gun crime." by DragonWriter · · Score: 1

      Strictly speaking, they're legal in nature. It's possible (though unlikely) to have a legal system in the absence of a political system

      Strictly speaking, it is not possible to have a legal system without a political (="of or relating to the state, government, the body politic, public administration, policy-making, etc") system.

    9. Re:Ah, but there *is* "gun crime." by blueg3 · · Score: 1

      You certainly can have a legal system without a state or government.

    10. Re:Ah, but there *is* "gun crime." by DragonWriter · · Score: 1

      You certainly can have a legal system without a state or government.

      You can have a set of rules without a state of government, but its not a legal system in any meaningful sense unless it is backed by the compulsory power of an agency that acts as a state or government, even if it calls itself something else (e.g., a church.)

  17. We do call it 'air rage' and 'bank robbery' though by Anonymous Coward · · Score: 0

    Why call it 'Air Rage'? It's simply rage like any other!
    Why call it 'Bank robbery'? We don't call it "Flower shop robbery"!

    In other words: Little to see here.

  18. Re:Call it what you want. It won't matter. by newcastlejon · · Score: 4, Insightful

    There is enough violence to keep the cops busy.

    Don't forget all those damn kids and their "wacky baccy"!!!

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  19. Phishing / spam is a terrible example by dave562 · · Score: 3, Insightful

    There is absolutely nothing illegal about me turning to the person next to me and asking them for their banking credentials. The only difference is that if I do it in real life, they will laugh at me. If I do it on the internet, I am more likely to succeed.

    On another tangent here, the author misses the point. The real crime is that the banks make it too easy for someone other than the account holder to access the account. They make it too easy to get credit based on stolen credentials. The banks should demand token based authentication for online transactions. There are solutions that will send a one time PIN to a smart phone so a separate dongle isn't even necessary. The mechanisms for nearly bullet proof online commerce are available. The system is simply setup in a way that it is more affordable to write off fraud than it is to actively combat it.

    1. Re:Phishing / spam is a terrible example by geekoid · · Score: 2, Insightful

      You are more likely to succeed because when doing it online you can easily lie about who you are.
      If you set up a fake BofA bank branch, you could get a lot of bank credentials.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Phishing / spam is a terrible example by maxwell+demon · · Score: 2, Insightful

      There is absolutely nothing illegal about me turning to the person next to me and asking them for their banking credentials.

      If you claim that you are from his bank, I think it is.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    3. Re:Phishing / spam is a terrible example by dave562 · · Score: 1

      That's a good point. The banks haven't secured the communications channel. Geeks know that email isn't secure, but John Q Public still needs to learn the lesson. Whenever my bank sends me an email, it is little more than a notice that there is a message waiting for me. I have to access my online account to read the message. That creates a problem though, because it conditions the response to expect email communications from the bank.

      What is the angle of the banks? They want to get away from having to send out regular mail because sending physical paper through the mail is an expense. There are probably regulatory requirements that demand customers be notified when certain events take place. The banks want/have to notify the customers but don't want the expense of sending mail to them, so they turn to email.

      The only way around it that I can see is to require two factor authentication. People already receive an ATM card and a PIN number when they open an account. If they want access to online banking, they should get a dongle and/or smart phone app.

    4. Re:Phishing / spam is a terrible example by Urza9814 · · Score: 1

      Anyone can rent a storefront and set up a branch of your bank too. The difference is, when it's online it's a lot cheaper/easier, and there's a much lower risk. You aren't going to get shut down in a few days, and you can operate well outside the jurisdiction of the people you're ripping off. But hey, look at how many criminals have success with ATM skimmers, or stealing credit card info at restaurants, or anything like that. Those aren't secured either.

      Nothing makes a store front, or an ATM, or any other physical object more secure than the online equivalent - at least in terms of phishing attacks. The difference is just that everything is cheaper and more remote online.

    5. Re:Phishing / spam is a terrible example by Anonymous Coward · · Score: 0

      The difference between asking someone for their bank credentials on the street and over the internet is not so much the medium, but the pretext.

      It is not illegal to ask someone for their bank credentials, but it is very much illegal to falsely pose as a member of their bank, delude them into a false sense of security, and then ask them for their bank credentials. The distinction is made between simple inquisition and fraud.

      Phishing sites frequently cloak themselves in claims of legitimacy. Sometimes going so far as actually creating websites that look and behave exactly like the sites of the banks whose customers they're trying to defraud. This is, and should be, very much illegal.

    6. Re:Phishing / spam is a terrible example by Anonymous Coward · · Score: 0

      I don't want no stinking "token based authentication for online transactions". I want to be able to bank online without any hassles! I'm just fine with the way my bank does it. I don't want them to make it my problem that some other moron can't help giving their credentials to criminals.

    7. Re:Phishing / spam is a terrible example by Anonymous Coward · · Score: 0

      I've never given my bank an email address.

    8. Re:Phishing / spam is a terrible example by ShooterNeo · · Score: 1

      You're just saying that because it's never happened to you. The losses you would face if you ever did have your info stolen would be huge. (many, many hours of time and some money you would probably not get back) Token based authentications can be quick and easy.

    9. Re:Phishing / spam is a terrible example by jroysdon · · Score: 1

      They make it too easy to get credit based on stolen credentials. The banks should demand token based authentication for online transactions. There are solutions that will send a one time PIN to a smart phone so a separate dongle isn't even necessary.

      What you can do once you have had "identify fraud" committed against you is tell the 3 credit bureaus that this has occurred and that you require all new accounts to be verified over the phone.

      The downside is that you cannot walk into a store and get a contract-based cell phone or even Clear wireless without a credit check, so that means you have to wait a day for them to call (my experience). Some places turn it around right there on the spot (Verizon).

      But you have to have had "identity fraud" committed before they'll let you put that statement on your account.

      Both Citibank and BankAmerica offer "virtual" credit card numbers that you can use online. They expire in 1-2 months, and with BofA you can set a limit.

      An option like this in person would be nice, such that a store or restaurant can process your single transaction for a certain amount, but then after that the number be useless (stopping skimmers). If credit card companies wanted to get smart about fraud, this is what they'd do.

    10. Re:Phishing / spam is a terrible example by Anonymous Coward · · Score: 0

      In Finland there is always a series of numbers that is snail-mailed to the internet bank user, one of the numbers in the card plus the password and username is required to login, seems pretty water tight. Thing that screws the security is Visa, because only thing you need is the numbers in the Visa card.

    11. Re:Phishing / spam is a terrible example by cekander · · Score: 1

      Um, are you sure it's legal to dress up as a bankteller and work as a bank teller, and get a customer to give you their credentials? Because this is the analogy you should be making. Not some bum on the street asking for your credentials...

  20. Re:Cybersex by Insightfill · · Score: 1

    Cyber sex is sex! You can really get pregnant, not just cyber pregnant.

    Be sure to use a condom!

    Of course, this woman got pregnant watching a porn film. No, really!!

  21. If you ignore the hard parts, the problem is easy! by Anonymous Coward · · Score: 0

    Easy to say, hard to do. The Cuckoo's Egg, by Cliff Stoll, does a great job of showing why this is hard--while the technology may have changed, the jurisdictional problems certainly haven't.

    The author of the article practically ignores these difficulties, glibly saying "So what? Crimes have crossed borders before." That's the functional equivalent of saying "I solved world hunger! We just have to grow and distribute food more efficiently!" While the suggestion is true, it's also essentially useless, since you can't do anything with it. Turns out it's pretty hard to coordinate investigations across national borders, which is why spammers intentionally cross borders.

    Saying we need to treat cyber crime like any other crime doesn't deal with the problems that are not like other crime. Before email and electronic banking, if I wanted to rob a bank, I had to be physically near the bank. Now I can do it from the safety of outer mongolia, and have my money in a Caymen Islands account before the bank even realizes it has been robbed.

  22. silly language debate by Anonymous Coward · · Score: 0

    "Cyber crime" isn't the most attractive name, but you need a word to distinguish that from street crime, if only because a completely different skill set is required of the investigators and law enforcement.

  23. some laws have a poor fit in the cyber world and by Joe+The+Dragon · · Score: 1

    some laws have a poor fit in the cyber world and need to be reworked for them to work in the cyber world as the cyber world is not the same as the Street.

  24. Is this post a crime? by Anonymous Coward · · Score: 0

    Click here to find out

  25. euphemism? by ruseweek · · Score: 1

    I think the implication here is that "cyber crime" is a euphemism. For me, the descriptor doesn't negate anything about the crime. I would be more sympathetic to the argument if the term didn't contain 'crime', as in "cyber abuse" or something of the sort. Or if 'cyber' implied 'virtual', like some type of simulated crime.

  26. Of the mind... by sitarlo · · Score: 1

    I think the word "cyber" loosely translates to "mind" which would make cyber-crime = mindcrime. Geoff Tate's lyrics have a whole new meaning to me now!

    1. Re:Of the mind... by gratuitous_arp · · Score: 1

      Geoff Tate's lyrics have a whole new meaning to me now!

      Or Orwell.

      cyber -> mind -> thought
      cybercrime -> mindcrime -> thoughtcrime

      See you in the place where there is no darkness.

  27. Seriously... by cdrguru · · Score: 1

    If you can't point to a physical object (like cash) that was physically taken, then nobody has any right complaining. There is no "crime" because crime exists only in a physical space.

    Right?

    I keep hearing that justification. Someone is foolish and loses control of their bank account password. Someone else comes along and makes use of this information. The bank, having no idea who is defrauding whom, assumes their customer must be trying to pull a fast one and just tells them that it is too bad, they lost.

    Because of course the alternative is that I will just run down to my bank and tell them someone broke into my account and stole that $10,000 that seems to be missing. Who knows? Maybe they will replace it. Unlikely, from where I am sitting but who knows?

    Anyway, the idea that you can lose something important in a non-physical space really hasn't sunk in to everyone yet. Or even most people on the planet. So why is it a crime to steal money from someone on the street but not when you steal money from them online? Part of the problem is that the victim has to be complicit in the act of losing their money online in most cases. That immediately wipes out most law enforcement respect. It is like a naked woman being raped in a bar. If she is still naked when the cops arrive the chances of anyone being charged with rape is about zero.

    As far as non-money crimes actually being crimes isn't this the site where unauthorized copyright infringement is routinely treated as a non-problem? Why do you think anyone else is going to respect your problems online? This is again a basic disconnect that a lot of people (the majority today) have with things that happen online vs. physical space.

  28. Re:Call it what you want. It won't matter. by DaveGod · · Score: 1

    It usually is civil. Contracts are rules that the parties to the contract have made up and agreed to be bound by. That means it's up to those parties to take them to court. The police generally have no duty nor authority to act in civil matters.

    The police primarily exist to enforce criminal laws. If you like you can consider criminal laws to be rules that you and all of society are bound by. If you're in breach, society takes you to court - they just have a special department to handle it, called the police. The police have special powers but on the other hand there is (supposedly at least) an inherent assumption that you are innocent and must be proven guilty beyond reasonable doubt, unlike in civil cases where there is no assumption and verdict is on the balance.

    Fraud can be complex in that it can be one or both of civil and criminal. I'm not a lawyer but my understanding is that fraud which is fundamentally theft is criminal while fraud that is more like cheating on a contract is civil. Additionally there may be duties for the police that is related to a civil matter, but this will be some incidental activity where there is actual or potential crime, and the police will only be interested in that incidental activity.

  29. How we got here by selil · · Score: 2, Interesting

    In the 1970s a court case in California during an evidence hearing had an interesting discussion. The evidence of an intellectual property case was bounced as the evidence was all digital in nature. How can you have a theft when you still possess the original? Several avenues were considered and the result were the first computer laws detailing crimes that happened on computers versus normal property thefts. Much abridged version, but this is basically a United States issue that isn't necessarily found in other countries as their property rights are considered differently. Though, the United States has managed to export many of the concerns along with the Internet. Much of this is detailed by Thomas Whiteside in a book called "Computer Capers" circa 1978,

    --
    --- Location Unknown
    1. Re:How we got here by cheesybagel · · Score: 1

      Because it isn't theft is it? It is copying, or industrial espionage, or whatever. Not theft.

    2. Re:How we got here by Anonymous Coward · · Score: 0

      This is exactly the basis of the argument that copyright infringement is not theft that file-sharers tout. The key thing about theft is the deprivation of property. To actually steal a copyrighted work you would have to convince the payer of royalties that you are the creator of the work, which would really be fraud.

      Not arguing with the parent post, but it seemed like an appropriate place in the thread to make this semi-related point.

    3. Re:How we got here by Anonymous Coward · · Score: 0

      Theft absolutely does not require deprivation of property. Theft is defined as stealing OR larceny. Larceny is deprivation of property. From Webster's: steal: to take or appropriate (another's property, ideas, etc) without permission, dishonestly, or unlawfully, especially in a secret or surreptitious manner. None of the definitions of 'steal' require deprivation of property.

  30. Remember Dmitri Sklarov! by eyenot · · Score: 1

    These arguments against separating internet crimes are rife with logical fallacies, so many that I don't have the energy to get into it all.

    Let me remind everybody that the whole idea of persecuting someone for crimes using computer data as evidence is a relatively new development.

    New, mostly because computers haven't been around forever, even if they've been around *your* whole lifetime.

    New, as well, because people forget that laws shouldn't be molded because it'd be aW3s0m3 to have them read or act a certain way, they should be molded to make the most common sense and protect the most rights while not sacrificing any other rights in the process.

    Let me give you an example, which I love to bring up again, and again, and again, because it's SO perfect, of just what happens when people get carried away thinking their nerdish, little virual realities should bear more weight in big, real, grown-ups world. In the much-hated Martha Stewart's famous trial that every middle-to-lower income person in the country was bloodthirsty for, computer evidence was used to find her guilty. Computer evidence, mind you, that didn't exist, though there was a handy excuse: the testimony of one of Stewart's computer workers explained that there was at one time incriminating evidence on the computer (some memos or something) that Martha ordered him to delete, and that she then ordered him to delete the logs of his evil, dishonest, nerdly work so nobody would know he'd done what he'd done. Then, presumably, he deleted the logs of those deletions, as well, and so on. Point is, the testimony stood. The nonexistent logs and memos and everything actually were admitted as evidence to the jury. So was the testimony of the investigator who filed the original charges, even though he later was found guilty of perjury for said testimony.

    The point is, nobody in America should be tried on any digital evidence, whatsoever. Everybody who knows enough about technology knows this. Despite what you and your friends might tell each other, every day fewer and fewer people know jack shit about technology and what it's capable of. Usually at this point everybody is thinking: "child porn". Whether that's because you laugh every day at Pedo Bear and other joke sites that put the subject lightly, or because you're really concerned about it, only the internet knows. But just recently it was shown that all you have to do is claim that somebody else put your porn on your computer and get them in trouble, instead. http://yro.slashdot.org/article.pl?sid=10/08/06/150216

    The point is that it's a very, very, very, very slippery slope, indeed (and this isn't your classic slippery slope argument) when you start mucking around with using computer data as evidence. The last thing you want to do is give it MORE presumable tangibility in court. It's perfectly FINE that computer crimes are in a separate class, that way you can ensure that the evidence is treated as categorically weaker than the typical evidence, supporting lesser verdicts.

    --
    "Stratigraphically the origin of agriculture and thermonuclear destruction will appear essentially simultaneous" -- Lee
    1. Re:Remember Dmitri Sklarov! by cheekyjohnson · · Score: 1

      "Despite what you and your friends might tell each other, every day fewer and fewer people know jack shit about technology and what it's capable of."

      Especially when people begin believing that they are computer literate simply because they can access their Facebook account (I'm not kidding, someone told me this before).

      --
      Filthy, filthy copyrapists!
  31. Cyber Bullying by JazzXP · · Score: 1

    I feel the same way about Cyber Bullying. It's just bullying, nothing cyber about it (except for the fact of the person being bullied can just turn off the computer).

    1. Re:Cyber Bullying by Ash-Fox · · Score: 1

      I feel the same way about Cyber Sex. It's just sex, nothing cyber about it (except for the fact of the person having sex can just turn off the computer if the partner sucks).

      Fixed that comment for you.

      --
      Change is certain; progress is not obligatory.
  32. Screw features, develope and require security stds by DrXtreme · · Score: 1

    Normally I only read the posts, but this one so compelling I had to. Not only stop calling it 'Cyber' crime, but how about all these companies racking in the billions like the evil empire I left after WAY to many years of nearly getting fired for telling them how I thought they were either wrong of missing the target (yep Microsoft) - I take a 24 month moratorium on feature development for all applications and place their focus strictly on security and making the operating systems and applications, browsers and especially network stacks less prone to attacks or at least a damn sight harder to attack.

    Either way, kudos on all your posts, I have never posted as I have nowhere near the talent or knowledge most of you (most I say) have...but hell every virgin has to lose their cherry someday...

    --
    It is impossible for a man to learn what he thinks he already knows
  33. World government by w00tsauce · · Score: 1

    The internet is global and omnipresent, penal laws are not. We're still in the wild west.

  34. sex crime by goombah99 · · Score: 1

    Since the primary purpose of the internet is porn or seeking hookups via facebook, it would be logical to consider all cyber crime as sex crime.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  35. CAUCE not CAUSE by spamfighter · · Score: 1

    The 'C' stands for commercial in coalition against unsolicited commercial email. But thanks for the link love. Neil Schwartzman Executive Director CAUCE The Coalition Against Unsolicited Commercial Email, North America Inc. http://cauce.org/ http://twitter.com/cauce

  36. Job descriptions by zooblethorpe · · Score: 1

    Why, sir, I've doppled many floobs in my day. Just what is your post meant to imply???

    Dyspeptically yours,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  37. Don't add complexity by TiggertheMad · · Score: 4, Insightful

    It is less easy to see a difference between murdering someone say to steal their money and murdering someone because they are homosexual.

    Is there? Both cases the person is dead...Does someone who just killed a person for $5 in pocket change deserve to get less punishment, just because his motivations were different?

    In any event, the whole manslaughter/murder 1st/2nd/3rd provides more than enough granularity for sentencing purposes.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Don't add complexity by Anonymous Coward · · Score: 0

      Yes.

      Killing someone for money means your desperate for it, whether for alcohol, drugs or even food. If you serve your time for this, you might not get into that situation again.

      If you kill someone because they have darker skin, you're more of a threat; it wasn't a situation that motivated you, you killed someone because you thought they deserved to die or were somehow less valuable than you were. If the person still hates darker colored people, the situation they are willing to kill over still exists as long as darker colored people exist. That means they're a bigger threat than some druggie jonesing for their next fix.

    2. Re:Don't add complexity by juasko · · Score: 0

      Now how do you know that it was murder in the first place, could have been manslaughter. One is more serious act than the other, the result is though the same. But that is also tru with an accident where one is killed.

      Motive is never the cause, but if I have a motive it's more likely to be a murder than a manslaughter. That is why motive is important, it's all about how to judge the one commiting the crime.

      But a man slauther att the sidewalk or in a home should be no difference, neither should there be a difference between a murder on the street or in a home. But there is a difference between murder, and manslughter. A murderer is also less likely to regret his acts, or to confess his acts, it's all planned usually also planed not to get caught.

      A manslaughter does not plan, he acts at the specific moment, his not a murderer but has becom guilty of a crime "in the heat of that moment". Which he might not have committed if given time to calm down. The second scenario should be subject to consideration of the type of judgement brought upon him or her. While a murderer should be shown less flexibility in form of judgement. The second could be in consideration of mental health care under controlled forms and in some situations that could be enough, especially if the convict is willing to serv any time given him (which is a sign of great regret and understanding of the severity of his or her commited crime).

      There is no reason to keep a person who wont act similary again in a prison, as long as it can be confirmed that he or she most likely wont. An other murderer might not regret, or understand the severity of his crime, or he might not subject to the laws willingly. There are little need for showing flexibilty or mercy on such a criminal.

      Motive is very important to know in these situation. But you might have a motive but still be innosent of a crime. Same goes for intention, but if someone have intention, that it selfe should call for judicial actions, of proactive kind.

      If I had the intention to kill John Doe, but didn't kill him someone else was first, I still should receive some judgement, ofcource it should be on an idividual base, of proactive care to change my ways.

      It's not only in the persons own intrests it's in the intrests of the community. To lock in person in prisons, who might not need to be there is very innefective and costly. If such a person can get care to fix his inclanation then he or she is useful to the community.

      Now again if your name was John Doe it was not you.

    3. Re:Don't add complexity by Anonymous Coward · · Score: 0

      Killing those to steal money is a sin. However, killing homos is merely doing god's work. It's right there in the bible.

  38. Re:Call it what you want. It won't matter. by Mashiki · · Score: 1

    In Canada, fraud is fraud. It just depends on what type. However, considering electronic fraud is the most common these days and all of the police services across the country. Even the RCMP won't touch a case unless it involves at least $100,000. However some provincial police services will like the but provincial police aren't uniform. And getting politicians to give police more money to hire more officers, to do the job is hard. Most governments are simply freezing police.

    It's worse in the US where you guys are actually laying off police. Sorry but a officer to person ratio of 700-2500:1 isn't good.

    --
    Om, nomnomnom...
  39. Wrong on both counts by MikeRT · · Score: 1

    Due to this, the killer is more dangerous to the general population than a normal killer.

    Yes, in the sense that a serial killer is more dangerous than a one time killer. The motivation does not make that person more dangerous to society as a whole. In fact, such a killer is theoretically no more dangerous than a serial killer since serial killers usually target only 1 type of victim repeatedly.

    Obviously not a good long term solution for this, but it was a necessary short term one.

    Until someone invents a punishment worse than life imprisonment or execution, there is no better motivation than just throwing the book at them.

    Hate crime laws were chickenshit from the git go on that one. Just throw the damn book at the bigot and give him a hanging instead of a lethal injection.

    1. Re:Wrong on both counts by AuMatar · · Score: 1

      The problem was not only were they not throwing the book at them- they were letting them off because the juries thought it was ok to kill blacks. The federal law allowed it to be tried in a different set of courts in areas where there were fewer bigots on the juries. No amount of upping the penalty would have helped when the juries are crooked. And you can't throw a jury in jail for their verdict even if it's obvious that its blatantly biased. Start down that road and you're in deep shit.

      You're right, by that logic the hate criminal is no worse than a serial killer. But you'll notice that society and the law treat serial killers differently as well- in many states you have to be a multiple time killer to open up the death penalty, for instance.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:Wrong on both counts by cowboy76Spain · · Score: 1

      Due to this, the killer is more dangerous to the general population than a normal killer.

      Yes, in the sense that a serial killer is more dangerous than a one time killer. The motivation does not make that person more dangerous to society as a whole. In fact, such a killer is theoretically no more dangerous than a serial killer since serial killers usually target only 1 type of victim repeatedly.

      Obviously not a good long term solution for this, but it was a necessary short term one.

      Until someone invents a punishment worse than life imprisonment or execution, there is no better motivation than just throwing the book at them.

      Hate crime laws were chickenshit from the git go on that one. Just throw the damn book at the bigot and give him a hanging instead of a lethal injection.

      Two objections to your reasoning:

      • first, you seem to take as hate crime only murders (punished by life or execution). There are lots more of possible crimes: from an infamatory painting about you next to your house, to beating you, passing from vandalism in your goods, trespassing into your home, etc.. Unless you are suggesting life/execution for all of them, there is chance in most of them to take them into account.
      • second, it is true that serial killers are "in a sense" the same as hate criminals. The issue is that serial killers are usually isolated and so are very limited. When was the last time a mob of serial killers lynched someone? Opposite to this, crimes against people based in race, religion or sexuality have usually had very little trouble getting participants.

      Both of these points make relatively easy that a minority of people can make life a hell for someone else who, for example, does not want to have to be always in the back of the bus. Hate crime laws allows a certain measure of defense.

      --
      Why can't /. have a rich-text editor? Editing your own HTML is so XXth century.
    3. Re:Wrong on both counts by misexistentialist · · Score: 1

      Violating one's right to be tried by one's peers isn't exactly just either. Not sure what the solution should be, but if the black jurors also refused to convict blacks for killing whites some equilibrium would have to be reached.

    4. Re:Wrong on both counts by AuMatar · · Score: 1

      There weren't black juries trying white criminals. The white judges didn't allow it. Look into racism in the US south in the 1940s, 50s, and 60s.

      --
      I still have more fans than freaks. WTF is wrong with you people?
  40. Re:We do call it 'air rage' and 'bank robbery' tho by Manos_Of_Fate · · Score: 1

    Are you suggesting that what we call things doesn't change how we feel about them? The article is suggesting that including the term "cyber" makes it sound less serious to people, and that in order to properly address it we need to simply refer to it as crime.
    Also, your examples are not very good, IMO, as they're descriptions of specific crimes, not a description of an entire class of crime (which is increasingly becoming blurred in with regular crime as more and more of our lives are online). The distinction they make is important to describe what happened. It isn't as important that you make the distinction between extortion or theft made over the internet/on computers vs. not.

    --
    Isn't enough that I ruined a pony, making a gift for you?
  41. It should be called what it is:Domestic Terrorism. by orichter · · Score: 1

    Kill for reason of skin color or religion and it's random-- anyone in that group is a possible next target. Due to this, the killer is more dangerous to the general population than a normal killer.

    This is why I believe it should be referred to as "domestic terrorism". This would have several positive effects. First it would be more accurate, and second, people would understand how it differs from a standard crime. If 3000 people were killed in NYC on 9/11 for 3000 independent individual reasons, that is not nearly as big a crime which aims to terrorize the entire nation. This would also help people to understand the purpose of the distinction. If the people who killed Mathew Shephard killed him because they hate gays, and Mathew made a pass at them, or made fun of them. That is a crime against Mathew. If they selected him at random from a population of gays to send a message to all gays that being gay openly will get you killed, that is terrorism, and should be treated accordingly. In both cases they hate Mathew because he is gay. Only in the later case to they commit a crime against an entire group in addition to the individual crime.

  42. Keep it seperate by Anonymous Coward · · Score: 0

    I think the real issue is, differentiating what is a REAL crime that needs piority over PETTY crimes.

    It always annoys me when the news or people carry on about some person posting some insult on someones facebook or even sends some nasty text to someone and it gets all this blown out as 'cyber bullying' crap. Well, this is just because kids (young people) having access to an unsupervised world at which they yet can handle, even in the real world, they need to be told who/where they can/can't hang out with, where/when by parents.

    A real crime is someone physically getting murdered/bashed/robbed/raped. Then other fraud crimes are next, so my biggest worry is when they use the word 'cyber crime' they love to pretend that non commercial copyright crap is somehow at the same level as fraud and things... I mean, if a person copys an old MP3 to a friend, its not a proper crime, it does not even justify the word crime. So this is where the big problem exists. While all these record/movie companies like to carry on with their fancy lawyers, its still a trivial crime, just like photocopying sheet music.

    But anyway, that's why people don't care at all when they hear about a 'cyber crime' because no one is properly hurt as a human! (cyber bullying is a copout, just f**ing log out or unfriend someone and btw are you under 18 yes I bet) With internet fraud, banks always refund stolen money and even now if you have any decent amount of money in your account, that is not accessible online or there are limits etc.

    So lets keep it separate, but only use the word "cyber crime" for true "online crimes".

  43. Cuts both ways by havardi · · Score: 1

    To err is human. To really screw up, you need a computer:
    http://en.wikipedia.org/wiki/Harassment_by_computer

  44. Re:Cybersex by Sean_Inconsequential · · Score: 1

    All I could think when reading that is that she watched it in a porn movie theater and someone had been in the seat before her and messily took care of their daily business and didn't clean up after themselves... eww eww eww eww eww eww eww eww. I think I gave myself the willies, no pun intended.

  45. Guy has a point by Anonymous Coward · · Score: 0

    The article is right. As a reporter a few years ago, I did a story about local school districts and how they were adapting to text messaging, camera phones, etc.

    In a nutshell, the old rule was "Don't cheat."

    The new rule: "Also, don't cheat using technology."

  46. too much cyber-izing by reiisi · · Score: 1

    While it's true that some of the real-world laws don't fit well, what is more important is that far too many people's minds just shut down when they think of stuff done in the "virtual world".

    Part of the problem has been the hype about the virtual world.

    But part of it is simply not being able to find someone able (and willing) to explain what is going on in the "cyber" realm, so that the existing laws can be properly applied.

    We need more people willing to show how the "cyber" world and the "real" world are connected, for instance, how electronic or digital documents compare with paper documents, how wireless fraud on the internet compares to wireless fraud prior to the internet, etc. And we need more of that more than we need more laws.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  47. Stop blurring everything by holophrastic · · Score: 1

    Different words for different things is quite important. I will always draw lines between certain things -- and various types of crimes form big huge thick lines.

    For example, yes stealing money is a crime. It's a very different crime than killing someone. I have no problem saying that monetary theft is no where near as bad as murder. And I have no problem saying that rape isn't as bad as murder but is way worse than monetary theft. The difference is quite clear -- bodily harm.

    Similarly, cyber crimes go the same route. Ruining someone's web-site, or breaking into e-mail, or boat-loads of spam are all bad. But they aren't anything compared to their follow-up crimes of slander, identity theft, and bank fraud. I'd never suggest treating the first step like the second -- no way. Doing so is how we get stupid three-strikes and no-tolerance carp.

    Driving under the influence is a prime example. It used to be 0.08%, now it's 0.05%. It used to be with a drivers' licence, now it's with a licence and an age restriction. This is all carp. Driving drunk is not bad. Driving dangerously is. A almost always causes B. But B is the bad crime, A didn't hurt anyone.

    The funny thing is that we already had laws for bod driving -- reckless driving, public endangerment, and a thousand other things that let a police officer pull you over, and stop you from driving.

    So why will I get stopped for 0.06% when I'm driving well? At 200lbs, male, intelligent, small sports car (well-tuned), convertible (visibility), yellow (other visibility), on a dry, clear, country-road, low-traffic day, with 0.06%, compared to a blizzard, minivan, old minivan, bald tires, 105lbs, female, with 5 screaming children in the back, at night, in traffic, city highway, tired, stressed, sober.

    It's still a stupid decision to drive drunk. But it's a risk like any other -- just a dumb one to take. But taking that risk doesn't harm anyone but my sense of dignity. . .until I hit someone. Then, by all means, blame me for making the wrong decision to drive drunk. But who blames tho soccer-mom for taking the huge risk that she takes, without the alcohol? Only me.

    Please remember that distinctions are the entire purpose of words. Saying that driving drunk and not hurting anyone is just as bad as driving drunk and hitting someone is just plain ignorant. It's ignoring the very fabric of cause-and-effect by presuming that every cause produces a specific effect every time. That'd be idiotic -- although science would love that, particularly psychology.

    1. Re:Stop blurring everything by Anonymous Coward · · Score: 0

      You're an idiot. First of all, all you have to do is look at the statistics of alcohol-related fatalities to see that lowering the limit does have a positive effect. In 1982, 60% of traffic fatalities were alcohol-related. In 2008, it was down to 37%. Second of all, if you are going to take the stupid position that driving drunk isn't bad, how can you say driving dangerously is bad? After all, driving dangerously doesn't hurt anyone, it is only when you hit them (or cause them to hit something) that there is a problem. So according to your stupid logic, it should be perfectly OK to drive 100MPH down a residential street, as long as you don't hit anyone. And if you do happen to kill someone, well THEN you can be punished, and the people that are dead? Fuck em.

    2. Re:Stop blurring everything by holophrastic · · Score: 1

      You are correct. My semantics were off. "Dangerous" and "Drunk" are equivalent. Risking vs causing is certainly the distinction I'm making. Thank you for making it clearer.

      I've no doubt that lowering the limit improves statistics. But keep in mind that lowering the limit a) increases the penalties b) increases education c) increases enforcement. But certainly, lowering it to zero would be a bad thing -- even though it would save lives. But saving lives at all costs is not the idea of a free society. It doesn't work that way. There are risks that we all take by being on the road. And it's worth the risks. And those risks can be dangerous.

      But let's stay focused here. We're talking with the original posting about cyber crime vs. murder.

      So for your perspective, you wouldn't link drunk driving / murder with hacknig a web-site or reading someone's e-mail -- would you?

  48. There are sidewalk crime prevention laws by stimpleton · · Score: 1

    From TFS: "call for new laws to regulate sidewalks."

    Well, there are regulations govening behavior on sidewalks. And the history is to attempt to regulate crime. Its called Loitering

    --

    In post Patriot Act America, the library books scan you.
  49. Re:Call it what you want. It won't matter. by shadowofwind · · Score: 1

    They'll often blow off violent crimes also, if the victim isn't pressing charges because they're dead. They may rule it an accident or suicide without doing even a superficially adequate investigation, and even if there are known pieces that don't fit. It's less trouble that way.

  50. more harm? bull by Anonymous Coward · · Score: 0

    gangs/drugs... all cause more harm than any hate crime, but do those scum get extra jail time? Nope

  51. Crime? by Anonymous Coward · · Score: 0

    Crime?
    No.
    This is SPARTA!

  52. Re:Cybersex by Spril · · Score: 1
    Bogus story: http://www.popjolly.com/woman-says-she-became-pregnant-after-watching-porn-in-3d-365

    Editor’s Update : “As far fetched as it seems this came from a reputable source. it would, however seem that it is a fabrication. PopJolly staff were unable to validate the source after repeated attempts. The good folks at Gizmodo have clarified the story now. We got onioned . Sorry, move on! ”

  53. Cops Are Worse by b4upoo · · Score: 1

    Although I loath spam and the frauds that take place on the net I think I would prefer them to law enforcement getting involved.
                      Of all things I have been the subject of three serious investigations in the last ten years. Two of them were for major crimes. Ultimately I was never arrested for anything as I was cleared of all suspicions rather quickly. I simply live in a place where one can easily attract attention simply by not marching in step with everyone in the area. Although I don't want crime or criminals around me law enforcement really can be a hazard to normal people. I guess how much law enforcement one might desire is related to where one lives.

  54. Arghhhh by fyngyrz · · Score: 1

    Gun Crime is a term employed by those engaged in Liberty Crime.

    Seriously, I don't care if you assaulted someone with your fingernail clippings, fists, a knife, a gun, or a spork. What I care about is, did you start it, or were you defending? If you started it, was it intentional or accidental? Was it, perhaps, consensual (for instance, pulling the plug on old uncle Ed, who formally asked you to do it?) And finally, how much harm was done? Not what it was done with. Were people injured consequent to consensual agreement (boxing within the rules, etc.)? Was property harmed or transferred without consensual agreement? If so, what is the value here?

    If Joe nicks you with a bullet from a .30 cal machine gun, that's a lot less serious (basically, it isn't serious) than if he rips your eye out with his fingers. If Joe opens a half-inch gash in the top two layers of your skin with a centuries-old Katana (arguably one of the deadliest hand weapons ever made), that's a lot less serious than if he breaks your jaw with an open-handed slap. It's just common sense: And that, of course, is why the law doesn't look at it that way, because the people who make, enforce, and adjudicate the law are fucking idiots. All this "OMFG, gun!" "OMFG, knife!", "OMFG, martial artist" nonsense is just the purest kind of demonstration of an inability to reason much better than a three year old.

    Where's the harm? What is its degree? I want to know if it was consensual. I want to know if the party or parties were informed. I want to know if they could be informed (because as anyone capable of critical thinking knows, the line in the sand about age is one stupid, broken-ass way to determine competence -- it is absolutely guaranteed to do huge damage to people on either side of it, because its relation to actual competence is vague and highly uncorrelated to specific cases. Some 15-year olds are perfectly competent; some 30-year olds are not. The only way to know if they are competent is to test them for it, just as you would for a driver's license. An "I am competent" license would go a long way towards ameliorating a lot of the stupid moral cul-de-sacs our society has driven itself into WRT age, dating, trust funds, soldiering, voting, drinking, drugging, sentencing, etc.)

    The only thing I can think of that is more broken than most criminals is the court system: legislators, laws, lawyers, and judges. A complete fail, from end to end.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Arghhhh by dreampod · · Score: 1

      In most countries where there is gun control (most Western style countries other than the US) it is viewed as a modifier of intent which is why it is treated more harshly by law. The attitude is that there is little to no justification or use for a gun other than to intimidate with or actual cause harm and thus having a gun implies premeditation - even if you grabbed the gun from your drawer the instant before firing.

    2. Re:Arghhhh by fyngyrz · · Score: 1

      Premeditation should never be an issue. The valid issues are the harm actually done, defense or assault, consensuality, competence, as described above.

      I *think* about things a lot; doesn't mean I'm going to do them, or, having had those thoughts, that this is why I actually did something in the end, assuming I actually did it.

      Trying to assign me guilt for what you think I may have been thinking, or what you think you can intuit about what I may (or may not) have been thinking... that's stupid bullshit invented by idiots. You want to punish me for what I did? Ok. You want to punish me for what you imagine I was thinking? Fuck no. "Thoughtcrime" is bullshit on every level.

      And yes, I'm aware that most countries have created a huge pile of stupid law about these matters. Just like slave law, drug law, and a whole *bunch* of other law, the fact that it is law is in no way any assurance that it is anything but outright idiocy. The root problem is that most people can't think their way out of a paper bag. And I *especially* include lawmakers, lawyers and justices in that assessment, given the huge pile of evidence they've provided along those lines.

      --
      I've fallen off your lawn, and I can't get up.
    3. Re:Arghhhh by dreampod · · Score: 1

      I don't think that premeditation evens gets close to 'thoughtcrime'. If you think about doing something and never actually do it then it is entirely irrelevant, if you think about something and take tangible acts to further that (illegal) plan then you can get into the realm covered by 'conspiracy to X', and if you think about something and take acts to prepare for a criminal act that you complete then you are looking at premeditation.

      The reason that I feel that premeditation is a valid is that it reflects on your intent to cause the harm and the opportunity to recognize that what you are planning to do is illegal. This is why we have different statutes for 1st degree murder and manslaughter because while the victim may be just as dead either way it is considered more 'evil' to plot someones death than if it occurs in an accident that wasn't intended to cause their death.

    4. Re:Arghhhh by fyngyrz · · Score: 1

      Premeditation is your guess at what the person was thinking. So it doesn't show anything other than that you are guessing, and using that guess to modify your punishment regime. You can't read minds (at least, not yet); hence, unless the person tells you they planned something out - in which case they're admitting to assault anyway and the maximum penalty should apply - you really don't know. That's why premeditation "because they own a firearm" or any other external factor is nonsensical.

      There are many valid reasons to own firearms. Hunting. Martial arts. Reserve or active military status. Olympic style shooting. As a signal to your government, as encoded in the US constitution. Or, in the end, as a means to leverage the replacement of your government, as encoded in the US declaration of independence. As a collector. As a means of self- and familial-defense. None of these signal any premeditation of ending any person's life.

      I would like to direct you here; it's a lesson in thinking about liberty in chart form:

      http://www.ideaspike.com/law_nolaw.shtml#tent33

      --
      I've fallen off your lawn, and I can't get up.
  55. It IS! by Anonymous Coward · · Score: 0

    Cyber-Crime IS called crime. It's right there in the name: "cyber-CRIME"! "Cyber" is used as a modifier, like "Street-Crime" or "White Collar Crime".

  56. Re:Cybersex by Bigjeff5 · · Score: 1

    Yeah, but she'd have had to be doing the exact same thing for it to work, so, yeah.

    Gross.

    --
    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  57. So... by kurokame · · Score: 1

    If I use robots in a burglary, I'm good then? The crime polarity cancels?

  58. Not getting payed. by krischik · · Score: 1

    Would you feel deprived of property when you boss won't pay you at the end of the month? Is is theft? I don't know. but it certainly would be a crime.

  59. 'Cyber' by 4ndys · · Score: 1

    This is actually quite timely for me as I am currently studying Cyber Ethics at uni. While I admit, I have only just begun to read into this area and haven't read TFA, the textbook that I am reading starts by asking the question 'Why Cyber Ethics and not just Ethics'. I believe the answer to this would also apply in the case of this post.

    “A typical problem in Computer Ethics arises because there is a policy vacuum about how computer technology should be used. Computers provide us with new capabilities and these in turn give us new choices for action. Often, either no policies for conduct in these situations exist or existing policies seem inadequate.” (MOOR, James, 1985)

    Moor suggests that “Computers are logically malleable in that they can be shaped and molded to do any activity that can be characterized in terms of inputs, outputs and connecting logical operations. Because logic applies everywhere, the potential applications of computer technology appear limitless. The computer is the nearest thing we have to a universal tool. Indeed, the limits of computers are largely the limits of our own creativity.”

    MOOR, James. 1985. What is Computer Ethics?, p.266.

  60. But US banks are *so* secure! by bradley13 · · Score: 1

    I have accounts both in the US and outside. Outside the US, security tokens are pretty normal. Security at US banks is far, far worse. I especially like the banks that make you feel secure by asking you a security question. From a list they define and you cannot. For example: your wedding anniversary, or the year your mother was born. Oh, I feel so much more secure, I mean, nobody else could ever figure out that information.

    Another example: in the US it seems to be pretty normal to call up a company and authorize them to deduct money from your bank account. How do they know who is on the phone? The first time a company offered to do this, I almost fell of my chair: "you want to do what? You can *do* that?!?!" Unbelievable... I asked at the bank, and there is not even any way to prohibit this!

    --
    Enjoy life! This is not a dress rehearsal.
  61. Wouldn't help the fascists censor the Internet by Mira+One · · Score: 1

    That wouldn't help the fascists censor the Internet...so it won't happen.

  62. Re:In English, "x is foo crime" = "x is crime" by Anonymous Coward · · Score: 0

    Of course not. "Property", "violent", "organized", &c are not prefixes. With "cyber-", you get
    cyber-property crime, property cyber-crime, cyber-violent crime, cyber-violent cyber-crime, cyber-organized cyber-crime, and cyber-gun crime. If I steal your identity by tapping your landline, does it become phone-crime, or is it still theft, slander, or whatever crime I cyber-commit with your identity?

  63. Hrmmm by Tangwei · · Score: 0

    The problem I have with internet crimes of the bullying/hate persuasion is that they can be walked away from unlike similar crimes IRL.

  64. Re:In English, "x is foo crime" = "x is crime" by Anonymous Coward · · Score: 0

    Sometimes it pays to be specific... Wouldn't you love it if we all lumped linux/windows/macos under OS, because really they are OS's after all, aren't they? By your logic, that's what we should be calling them.

  65. What about cyber s-x? by Anonymous Coward · · Score: 0

    Do we just call it s-x now?

  66. Anonymous Coward by Anonymous Coward · · Score: 0

    Nobody likes being a Victim or criminalized by the government. I wouldn't say doing these things are completely moral however, those people who do those things also need to live with the federal reserve system of the government and use those notes of the federal reserve system to have their needs, this system of the federal reserve has people homeless camping by the river and people need to die/be corrected in order for this federal reserve system to work out for the government, huge power card and also for them to criminalize people after they know that people are using the federal reserve notes and dying, camping by the river but that fee they charge you to live (tax) makes it ok(the one that has them campipng by river) to 'charge' you for all kinds of other stuff, if they are indeed getting paid by this fee you have to pay them to have your needs(if using those notes of the federal reserve for your needs) 'you can't do it without them, and u have to die , camp by the river. so what' the people keeping the fed reserve alive from your local police to senate to treasurer dont care, they knew before they became in the positions nobody can do anything about needing the notes , their notes(if labeled right here federal resrve note) sure the people are able to make it but , they dont join a power trip because that power trip allows them and gives them some reason to do things to people, people are just trying to live they didnt ask for a fee to live or to even have to use the notes which we pay the fee with (if use the notes and pay the tax - fulfilling negotiatian we have with the reserve system/gov), we got something for ya people though if you think about god . you do judge others based on yourself so if you already think god - and know what it means , you're putting yourself in gods shoes and there isn't a person like god so you already know soethign with huge respect naturally and bigger than king kong exists. he sends them to hell, has been . tehy come to god when the die/go. you thought 'to be a god i would .' and thats already in your world... you knowing what god is..

  67. Hey while your at it... by DarthVain · · Score: 1

    Get the media and the media industry to stop referring to copyright infringement as "Pirating" and "Thieves"...

    I mean if you want to start being correct about terminology and stop using inflammatory biased language that might be a good start...Oh right, the media. nm.

  68. object oriented explanation by Anonymous Coward · · Score: 0

    so what about crimes of passion, like a man killing his wife for cheating on him? SHE IS THE GOAL in that scenario as well, so should it be construed as hate crime?

    Hate crime would be if a man killed some other man's wife for cheating on her husband. "Hate" in "hate crime" means hate against a class, not hate against particular instance of it.

  69. for the same reason why have serial killers by Anonymous Coward · · Score: 0

    for the same reason why have serial killers noted as such in law: if someone is going to kill someone because they're black, until all black people are dead, this person will continue to kill.

    Mind you, it's nice to see you take your online persona so literally.

    1. Re:for the same reason why have serial killers by sumdumass · · Score: 1

      I love it when idiots pretend to know it all but fail to do the slightest bit of research at all in their asertaitions. They then post as ACs because they are unsure of their own statements. It's fucking awesome.

      Anyways, there are no laws concerning serial killers. At least no federal laws and no laws in any state that I can find. Serial killers are little more then a classification used internally in criminal investigation that alerts investigators to the depth of the crimes. Sometimes this kicks in policies (not laws) that allow the request of help from federal agencies or allows extra territorial jurisdiction in a limited aspect of statutorily bound LEOs. You will never find someone on trial for being a serial killer, you will find people on trial for killing person X, Y, or Z, and maybe the mention of it being a serial murder, but the term serial will never be listed as an official charge.

  70. Anonymous Coward by Anonymous Coward · · Score: 0

    why in recent discovery i find that they all have to be psychopathic is because, they are all aware of the federal reserve system
    and that theyre even being paid by the fee or tax we as people owe to the federal reserve system/government for our needs since are using
    their federal reserve notes for our needs, being a aware they are aware of what it causes , as far as homeless, physically starving, you could get
    robbed, stolen from(keep in mind i say could cause it doesnt matter, the fed reserve system still has to work for the government and ur the cost) they know things like people need to be corrected
    by them for not paying this fee to live(tax) (if using fed reserve notes) and something that already has them starving than will 'charge' you with all types of other stuff
    (besides the charging just to live and have your needs via federal rserve system) they know all this and will tell you so what basically by joining, they know somebody
    would replace, you cant do anything about them or needing their notes, get with the program. this clearly indicates a foreign power role created that they had no
    problems becoming a part of , they dont even have to address any of it (why theyre able if paid by this fee/tax) or why they need it to work out so bad that our
    people need to die(the federal reserve system) they know it gives the some power people can't do anything about or won't win with and don't have to even go there
    it gives them that power. huge closet, or 'secret double life'. nobody likes the stealing crap we knowing that we cant do anything about the notes , we try to atleast not be hurt so bad like things like these(stealing) is why i totally understand

  71. Prevention. by Anonymous Coward · · Score: 0

    Prevention.

    If you drive and we do you for murder, the person who died isn't coming back to life.

    If you're stopped and taken out of your car for drunk driving BEFORE you kill someone, then that person doesn't die.

    1. Re:Prevention. by holophrastic · · Score: 1

      If we never let anyone drive, then no one dies -- and no one drives.

      We take risks. You have to let people take risks - even with other peoples' lives. Otherwise, you'll never leave the house.

      Forget flying or even building planes -- because they "may" break. New inventions are out. Forget exploring. And you don't get to go hiking in the woods.

      Forget swimming in the ocean, football, or hockey, archery or darts.

      You don't get to say BEFORE. Because you can't be certain. That's why english doesn't have a future tense.

  72. I'll give you mine by bussdriver · · Score: 1

    Simple. Hate is not a crime! Nor should it be, you can't stop hate by law anymore than you can drugs, sex, or any other human traits. skin color, or whatever.

    The only thing required is to have HATE be a suitable motive for a crime (which is was already.) Codifying everything is part of the problem in the legal system today - let the judges JUDGE the sentences so that self-defense people may get less or different consequences than some hate motivated person. Trying to program the system (and using lawyers to do it) to undermine and eliminate judges towards the a day when its so complex computers are 'interpreting' the law is too rigid and complex and foolish.

    Furthermore, by making laws discriminating against hate crimes you are effectively are creating a THOUGHT crime because in addition to the other charges an additional penalty is being applied for THINKING ('thought' in the most generalized way) an unpopular way. It sounds all well and good for politicians to pick on unpopular minorities (like smokers or races) but it is not fair and while you may not care about them your sense of fair play should deter you. Problem is most people fall for it and so repeats of the past will still happen.

    The impact of the motive on the crime should be left outside the system for the judge's discretion; as it always has been. Sure, human bias is involved but there is some appeal possible to help balance this and it is better than having a ridged machine-like policy where 1 size fits all.

    Another big FLAW in this hate crime reasoning is the idea that punishment deters crime. It does not do anything to deter many kinds of crime; again its not so simple that "1 size fits all" but then oversimplification works well for marketing politicians. You are not likely going to make any dent in "hate crimes" by punishing them - any deterrent is likely already there for the existing crime and the hate motive tends to cut down on the thinking.

  73. Re:Call it what you want. It won't matter. by IndustrialComplex · · Score: 1

    It's worse in the US where you guys are actually laying off police. Sorry but a officer to person ratio of 700-2500:1 isn't good.

    Are you sure? Perhaps the world isn't as dangerous and scary as we have been told. Cop:person ratio isn't as useful as perhaps a cop:crime and a person:crime ratio.

    What do we need with more police anyway? How many are really just revenue collections officers?

    I'm not saying that

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    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  74. Old-school? by ghostis · · Score: 1

    I think the cyber- prefix is an artifact our transitional age (no global network -> pervasive global network). Kids born today will probably not distinguish between "cyber" parts of their world and real parts as concretely as we do. If they hear "cyber" in conversation, they will dismiss the speaker as being part of their parents' generation. People born after the mid-70s tend think of the word "groovy" (language not-withstanding) the same way in my experience.

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    Computer Science is all about trying to find the right wrench to bang in the right screw. -T.Cumbo?
  75. So why charge them any different? by bussdriver · · Score: 1

    You don't need terrorism laws anymore than cyber crime. A few special case things but otherwise its the same stuff applies with no need for special junk added on to make somebody sound tough on crime... Mayors want most stats down while police and prosecutors want stats up they each twist them and screw up the system to those ends whether they like to or not in order to keep their jobs.

    No, we don't need to call it terrorism. It is STILL a crime the fact it scares some people is beside the point. Terrorizing people is done more by the media than the criminals in the USA anyhow; although, they do amplify conventional terrorism many times more powerful than it is -making them the biggest terror makers of all.

    Jailing a murderer who people dislike boosts morale - its the ones who get away that also get noticed that are the problem. What needs to be done special with such crimes is EXTRA EFFORT to make sure everybody sees him/them caught. Some platitudes about crime prevention also help unless they turn into laws... (you don't prevent crime most the time with those but the mob likes to hear it...)

    Racists were deterred as they were made accountable publicly -- extra punishment didn't do it, it was just getting them punished JUSTLY that made a big difference. But now we have "tough hate crimes" when the bigger problems were many decades ago.

  76. It does not matter. by bussdriver · · Score: 1

    The motive does not matter; you only need to have one and it need not be the actual motive either.

    Killing a geek because you hate them is still MURDER 1. Why does not matter; any motive will be fine (in addition to the evidence.) A serial killer is crazy and possibly may not actually hate (or hate in a normal sense) their victims - but they are a BIG threat and we don't seem to do special things for them - but then when they are finally caught they've usually screwed themselves so bad they have a chain of murder convictions.

    Now WHY should a hate murderer get punished more than another murderer? If somebody rapes and murders your mother why should they get LESS time simply because of the color of her skin is the same as the killers??

  77. Hate crimes ARE different by Benfea · · Score: 1

    If I beat you with a baseball bat, the victim is one person: you.

    However, if I beat you with a baseball bat because you're a white evangelical from rural Kentucky, then my intended victim is not you, it's all white evangelicals from rural Kentucky. Hate crimes are acts of terrorism designed to "send a message" to all members of the target group. The one who directly receives the violence is merely the message-bearer.

    Do this kind of thing enough, and you can cause quite a bit of harm by keeping an entire population near-paralyzed with fear, such as African-Americans during the height of KKK cross-burnings (and other acts of vandalism, and murder, and rape).

    Hate crimes are given larger punishments because the scope of the harm caused is so much greater.

    One has to wonder, however, why exactly you are so offended at the notion that hate crimes receive heavier punishments. There are a few obvious explanations, and none of them are particularly flattering to you.