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French Power Company Fined For Hacking Greenpeace

judgecorp writes "Electricite de France (EDF) which uses nuclear reactors to generate the majority of France's electricity, has been found guilty of hacking into Greenpeace computers in 2006. EDF has been fined fined €1.5 million and ordered to pay Greenpeace a further half a million euros, for what the judge described as an act of 'industrial scale espionage.'"

49 of 196 comments (clear)

  1. Um, OK. by Millennium · · Score: 4, Interesting

    As long as this rule applies both ways -i.e. if Greenpeace were to hack into the computers if some other company, they would be fined a more or less equal amount- then I can't say I see any problem with it.

    1. Re:Um, OK. by TheLink · · Score: 5, Insightful

      So far from my observation if a private individual hacks, the private individual risks going to prison.

      Whereas if a corporation does it there's no prison time involved for any of the people involved.

      I think prison time would discourage both private individuals and individuals acting on behalf of corporations.

      --
    2. Re:Um, OK. by Millennium · · Score: 4, Insightful

      What you describe is an unfair system: different parties play by different rules based on a factor of no relevance to the matter at hand.

      In a fair system, everyone plays by the same rules, and that's the type of system I'm talking about here.

    3. Re:Um, OK. by TheGratefulNet · · Score: 5, Insightful

      if corporations 'are people' then they should GO TO JAIL like people when caught breaking the law.

      it would be fun as hell to design what it means to be a corp 'in prison'. wouldn't it be fun?? imagine how we could stick it, back, to all the fucked up corps who have gotton away with bloody murder (or nearly so) over the years.

      the thing is, justice is owned by the state and the state is now owned by corps. don't expect ANY justice toward corps. not until after some revolution (...) comes, anyway.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Um, OK. by data2 · · Score: 5, Informative

      To be fair, this incident resulted in several people getting prison time.

    5. Re:Um, OK. by DinDaddy · · Score: 3, Insightful

      How is the degree to which the penalty discourages the behavior not relevant?

      Your claim of its irrelevance is wrong.

    6. Re:Um, OK. by trum4n · · Score: 5, Insightful

      But it's not fair to fine a citizen the same as a corporation. You could empty my bank accounts, and the corp wouldn't even notice that amount of money. So you can ruin a persons life, or fine a company effectively nothing, with the same dollar value. Fine me 10,000$, you better fine Exxon 25+ billion.

    7. Re:Um, OK. by bentcd · · Score: 2

      "Either would get fined 1M" isn't obviously any more fair than "either would get fined into bankruptcy (alternatively some percentage thereof which is probably more to the point here)".

      Variations over "fined into bankruptcy" are essentially just the financial equivalents to either death sentence or life imprisonment, depending on how you look at it.

      --
      sigs are hazardous to your health
    8. Re:Um, OK. by Smallpond · · Score: 4, Informative

      So far from my observation if a private individual hacks, the private individual risks going to prison.

      Whereas if a corporation does it there's no prison time involved for any of the people involved.

      I think prison time would discourage both private individuals and individuals acting on behalf of corporations.

      Under US law, corporations shield the owners from financial loss, not criminal behavior. A person commits a crime and goes to jail regardless of whether they acted on behalf of a corporation. The executives at Enron were all charged with fraud, for example. This case is under French law, tho.

    9. Re:Um, OK. by Captain+Hook · · Score: 2

      The best analogy that I can think of for a corporate prison is placing the company under extremely tight restrictions on financial contracts

      I.e. not allowed to make any new contracts or service existing contacts.

      What is prison if not an artificial limit on the social interactions of the prisoner with the rest of society.

      The trouble with that of course is that the actions of a few higher executive officers would most adversely affect the rank and file employee and would likely be a death sentence for any company recieving any such sentence (who'd do business with them afterward they fail to delivery any goods the company is contracted to supply but aren't allowed to).

      The only reasonable sentence I can think of is prison sentences for the executive officers.

      The real problem of course is that Corporations aren't really people, so they shouldn't have the same rights and responsibilities as a person, Corporations are after all effectively immortal.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    10. Re:Um, OK. by nospam007 · · Score: 5, Informative

      "This way, the rich have the same incentive as the poor to abide by the laws."

      German and Swiss law do this, the fines are expressed in "earned per day" (Tagessätze) amounts between 1€ and 30,000€ per day depending on your income.

    11. Re:Um, OK. by Tim+C · · Score: 2

      Yes, in much the same way that when an individual is imprisoned you don't send their friends and family down too. Shutting down the corporation hurts all its employees and their families, as well as the guilty parties.

    12. Re:Um, OK. by the_xaqster · · Score: 2

      If you are going to RTFA, at least read all of it.
      They got prison, with SOME of the time suspended.

      --
      I'm just here to regulate Funkyness
    13. Re:Um, OK. by kiwimate · · Score: 5, Informative

      I usually feel obliged to defend France (I think they get a raw deal, especially from Americans who can't see past the last 80 years of history and forget how the French contributed during the American revolution), but in this particular context I'm cynical. I grew up in New Zealand, and was living in Auckland the night the Rainbow Warrior was bombed. The two official French secret agents were sentenced to 10 years, served two, and most of that was in a tropical resort. They've since received medals and accolades from the government, both been promoted, written books...basically made out like heroes from this.

      I won't claim to speak for all my fellow kiwis, but this is about the only incident that I hold a grudge over and think was never handled fairly.

    14. Re:Um, OK. by Swanktastic · · Score: 4, Insightful

      I know this is Slashdot, but the French contributing to the success of the American Revolution was 100% done out of self-interest. The Bourbons loved democracy in the same way Americans loved radical Islam when we gave Afghanistan freedom fighters Stingers to shoot down Russian helicopters. And it came back and bit them in the tail in a much more dramatic and bloody way.

    15. Re:Um, OK. by oobayly · · Score: 5, Insightful

      Likewise, the US had no interest in becoming involved in WWII until Pearl Harbour (or at least until Hitler declared war on the USA four days later) - over 2 years since the start of the war in Europe. Don't get me wrong, I can see why, after the loss of 110,000 soldiers in WWI.

      It's common for some Americans to go on about how we'd all be speaking German if it wasn't for them, so I think it's only fair for them to be reminded that it's quite possible they'd still be speaking the Queen's English and drinking warm beer if it weren't for the French.

      Like Britain petitioning the USA to enter WWII, Benjamin Franklin actively petitioned for support in France in 1776 - the only difference was that the French covertly entered the American War of Independence before formally recognising the USA two years later - causing Britain to declare war on France.

    16. Re:Um, OK. by sjames · · Score: 2

      Under U.S. practice, unless the crime is truly infamous, the corporation pays an insignificant fine and the matter is declared settled.

      Nobody at Sony went to jail for their little rootkit debacle in spite of infecting DoD computers.

    17. Re:Um, OK. by painandgreed · · Score: 2

      Like Britain petitioning the USA to enter WWII, Benjamin Franklin actively petitioned for support in France in 1776 - the only difference was that the French covertly entered the American War of Independence before formally recognising the USA two years later - causing Britain to declare war on France.

      Then there's not really any difference then. We had entered the war long before Pearl Harbor. We already were drafting men into the army. We were trading destroyers to Britain for bases. We had established the Lend-Lease act already and officially became the "Arsenal of Democracy" in 1940. There were reasons that the Japanese felt that they had to bomb us first, and that was because we were actively moving against them in the war already by denying them resources but not denying them to their enemies. We hadn't entered the war, but we were hardly being neutral before Pearl Harbor.

  2. Kinda low by itchythebear · · Score: 2

    I didn't read the article yet, but 1.5 million euros seems like kind of a slap on the wrist for a power company. They'll prob make that much profit just from people using their computers to read this slashdot story (ok, that's kind of a hyperbole, but you get the idea). If this was "industrial scale espionage" like the summary said, you'd think there would be more than just a "small" fine for punishment.

    --
    If what I just said sounded like a troll, it was probably just a failed attempt at humor.
    1. Re:Kinda low by itchythebear · · Score: 5, Informative
      Whoops, I jumped the gun

      FTFA:

      The judge sentenced Pierre-Paul François, who was EDF’s deputy head of nuclear production security in 2006 to three years imprisonment, with 30 months suspended. Meanwhile his boss, Pascal Durieux, who was EDF’s head of nuclear production security in 2006, was also sentenced to three years imprisonment, two years suspended, and a 10,000 euros (£8,500) fine for apparently commissioning the spying operation.

      and

      As a result of this, the French judge issued a guilty verdict in the case of Thierry Lorho, the head of Kargus Consultants. The former member of France’s secret services was sentenced to three years in jail, with two suspended and a €4,000 (£3,450) fine. EDF was also ordered to pay €50,000 (£42,800) to Jadot.

      --
      If what I just said sounded like a troll, it was probably just a failed attempt at humor.
    2. Re:Kinda low by The+Askylist · · Score: 5, Interesting
      Kargus was also the firm involved in hacking the anti-doping lab which had caught out Floyd Landis for cheating in the Tour de France. Landis was given a 1 year suspended sentence, as was his coach.

      .

      The Kargus guy involved got 3 years, and the hacker himself 2, but with 18 months suspended.

      AFP report here

    3. Re:Kinda low by fuzzyfuzzyfungus · · Score: 5, Informative

      Incidentally, the French secret service of which the Kargus consulting creep was an alumnus was the same entity responsible for sinking one of Greenpeace's ships with limpet mines in order to avoid being inconvenienced by a protest they were going to lead... Keep it classy.

  3. And yet... by Anonymous Coward · · Score: 5, Informative

    If the situation were reversed... Greenpeace would be declared terrorists and alot of people would be tossed in jail for a long long time.

    Once again the lesson is.. If you wanna be a criminal. Start a company first.

    1. Re:And yet... by TheGratefulNet · · Score: 4, Insightful

      quite OT but slightly humorous: if you are an adult and pay to have sex with an adult, that's a crime.

      EXCEPT when you are a corporation and are filming it. then its 100% perfectly legal.

      corps have more rights than people. they actually do.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:And yet... by Swanktastic · · Score: 4, Informative

      http://www.straightdope.com/columns/read/2845/why-arent-porn-actors-charged-with-prostitution

      The key quote FTA:
      But in 1988 his conviction was overturned by the California Supreme Court, which cited precedent establishing that "for [an act] to constitute 'prostitution,' the genitals, buttocks, or female breast, of either the prostitute or the customer must come in contact with some part of the body of the other for the purpose of sexual arousal or gratification of the customer or of the prostitute" [emphasis added]. The court found that the "payment of acting fees was the only payment involved in the instant case. . . . There is no evidence that [Freeman] paid the acting fees for the purpose of sexual arousal or gratification, his own or the actors'." Thus, no prostitution.

  4. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  5. Re:a hefty bill? by firex726 · · Score: 3, Insightful

    Yea, a nuclear reactor costs what? tens of billions to build?

    Two million would be nothing, probably came out of the "Settlement fund".

  6. Re:a hefty bill? by Gideon+Wells · · Score: 5, Interesting

    I used to think like that, but then I worked for a company that cost several hundred million to build. Millions of dollars came in and left through the place on a daily basis at times. They only got to keep pennies on the dollar and most of the money had to go towards the loans and other investors. There were times the company had tens of thousands on its books as usable, owned, cash.

    You can't judge cost to build as the standard for something like this. The investors and owners, probably could come up with that easily. The company itself if there are enough shield corporations between it and the owners? Hard to say.

    --
    by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
  7. Re:a hefty bill? by pixelpusher220 · · Score: 2, Informative

    They only got to keep pennies on the dollar and most of the money had to go towards the loans and other investors.

    I assume you're point is that it isn't terribly profitable to run a nuclear plant. How much more unprofitable would it be if you didn't have the government subsidizing those loans in the first place?

    If the big oil/coal industries want to decry subsidies to green tech, they should also be screaming louder about the nuclear subsidies.

    Green also doesn't tend to blow up and render large areas uninhabitable for decades...

    --
    People in cars cause accidents....accidents in cars cause people :-D
  8. Re:a hefty bill? by Gutboy · · Score: 5, Informative

    They made (net income) 1.249 billion last year.

  9. Re:a hefty bill? by MimeticLie · · Score: 5, Informative

    Green also doesn't tend to blow up and render large areas uninhabitable for decades...

    Cough. Also, which of these numbers is lowest, again? Hint: it's not hydro, wind, solar, or biomass.

  10. Re:Fined? by uncanny · · Score: 2

    The judge sentenced Pierre-Paul François, who was EDF’s deputy head of nuclear production security in 2006 to three years imprisonment

    TFA

  11. Well by Jiro · · Score: 2

    Because, of course, Greenpeace's activities are fully legal.

    Think of EDF's hacking as civil disobedience aimed at Greenpeace. They're violating the law in a nonviolent (but potentially harmful) way to fight someone that they don't like. Greenpeace is also in the business of violating the law in a nonviolent (but potentially harmful) way to fight someone that they don't like. Sauce for the goose, sauce for the gander.

    1. Re:Well by LWATCDR · · Score: 5, Insightful

      Really?
      Okay I am no fan of Geenpeace at all. I do not think their tactics and often their goals are correct.
      However...
      EDF is a heavily regulated utility company that is responsible for the running of nuclear facilites. They should without a doubt be held to an extremely high standard when it comes to following laws and regulations.
      Greenpeace is a bunch of hippies that think they are doing good. Just as their is no room for Police officers and the military to be allowed to commit institutional acts of civil disobedience there can be no room for EDF to do the same.
      Plus I am sure that Greenpeace members have spent the night in jail in the past and will again.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  12. Re:a hefty bill? by kiwimate · · Score: 4, Informative

    I will preface this by saying I have no idea of the comparative cash flows in different countries, or between different parts of the utility/electric industry. That said...

    In the U.S., if you are part of the power grid (critical infrastructure, also known as the Bulk Electric System, or BES) and are found in violation, NERC has the power to fine you one million dollars per violation, per day. This fine starts at the outset of the violation (not when it was actually discovered) and can continue until it is rectified. Example trade magazine discussion, second paragraph under NERC Basics.

  13. Re:a hefty bill? by rahvin112 · · Score: 2

    Loan guarantees cost the government absolutely nothing as long as the company doesn't declare bankruptcy. Because as the name suggests it's simply a guarantee, not a subsidy. It allows the company to borrow at government interest rates (2-3%) rather than market interest rates (6-9%) with the only cost being the government backs the debt with a payment guarantee in the event the company becomes insolvent.

    So again, Loan Guarantee's are NOT a subsidy.

  14. Re:Get away with murder? by kiwimate · · Score: 3, Insightful

    Consider what would happen if a foreign power tried the same thing in the USA today.

    ...in Baltimore Harbor. The Rainbow Warrior wasn't blown up at sea; this occurred in harbor in the largest city in the country, with a lot of other completely unrelated ships and their personnel in the vicinity.

  15. Re:a hefty bill? by pixelpusher220 · · Score: 3, Insightful

    From your wikipedia reference:

    "It infamously failed in 1975, causing more casualties than any other dam failure in history, and was subsequently rebuilt."

    I don't see them rebuilding Fukushima or Chernobyl anytime soon...

    I didn't say other power sources don't have failure issues, I said other power sources don't render the surrounding 100 square miles uninhabitable for decades.

    care to try again?

    --
    People in cars cause accidents....accidents in cars cause people :-D
  16. Re:a hefty bill? by pixelpusher220 · · Score: 3, Interesting

    To answer your 'deaths per TWH' reference. That's not the point. The point is how much cost is associated with that figure. Where would coal be on that list if they had to fully scrub their emissions to prevent the mercury and other such stuff from escaping? Now add CO2.

    They could easily get their numbers down to nuclear levels but it wouldn't be economical in any sense...

    and they might need....wait for it....

    government loan guarantees to be able to build such expensive plants.

    Lets talk about construction versus operation. Exactly how many people die from solar panels simply sitting on a roof? Does your nuclear figure include the construction costs of the plants? Wind ditto. It just sits there spinning and as long as you aren't within a few hundred yards on a *very* windy day...zero casualties.

    --
    People in cars cause accidents....accidents in cars cause people :-D
  17. Re:a hefty bill? by ddxexex · · Score: 2, Informative

    Slightly OT, but just for kicks I calculated the deaths/TWh for nuclear if you included Hiroshima and Nagasaki (~250,000 deaths). I ended up with 6 deaths/TWh from the .04 deaths/TWh originally. Oil is 36 deaths/TWh and US Coal is 15. I think that nicely shows just how deadly Oil and Coal are.

  18. Re:a hefty bill? by tnk1 · · Score: 4, Insightful

    There was nothing wrong with what he said. He didn't say they were borrowing from the government, he said that they could borrow (from private banks) at government rates.

    The reason that governments get much lower rates is that they are very unlikely to default on their loans so there is much less risk and cost involved in loaning them money. That means that the interest rate they charge can be very low. If you can get the government credit "blanket" extended over you, then the banks can consider your loan to be just as safe as a government one and give you the same deal.

    So he was right, a loan guarantee is NOT a subsidy, unless there is a bankruptcy. It makes it less expensive to build a reactor, but that money does not come from the government. I was also loaned money for my education that was a federal student loan. Since the government was on the hook for the money, I got a low interest rate, but the government did not pay one cent for my education loans.

  19. Re:fine a Citizen by TaoPhoenix · · Score: 4, Insightful

    Aren't the citizens getting fined more than Corps?

    So "Industrial Espionage" is only worth a penalty of a million or two but Anonymous hackers are Terrorists for Life?

    Remember that Corporations are People? How did Corps manage to NOT get on the Terrorist Lists?!

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  20. Re:a hefty bill? by s73v3r · · Score: 3, Insightful

    Quite frankly, passing on costs of violations should be illegal. The company is the one that should have to suffer, not the consumer.

  21. Re:Greenpeace takes in over $300M/year by inpher · · Score: 4, Informative
  22. Re:fine a Citizen by Anonymous Coward · · Score: 2, Insightful

    I think you're missing the point: corporations are people *when it suits them*

  23. Re:a hefty bill? by Reverand+Dave · · Score: 2

    The lost profit is to the bank at the expense of the company borrowing the capital, not the taxpayers. More to the point, it is not actually lost profit because without the lower interest rates, many of these businesses wouldn't even be borrowing any capital which would mean the profit would be... wait for it...

    non-existent without the gov't loan guarantees.

    The way you rail against it you'd think the nuclear power industry molested you or something. This is the point where you have lost credibility due to irrationality. Good day sir.

    --
    I got here through a series of tubes
  24. Re:a hefty bill? by Reverand+Dave · · Score: 2

    A lower cost to build the plant is relative. Without the guarantees, the plant would not be built so in essence, there is not a lower cost to build the plant, there is only one cost which since lower is a comparative term it is invalid in this case because there is no comparison. That is not a subsidy. Now if the gov't wasn't collecting taxes due on said plant or was deferring its own collection of interest premiums then that would be a subsidy, but neither are occurring in this case.

    --
    I got here through a series of tubes
  25. Re:a hefty bill? by Code+Yanker · · Score: 3, Insightful

    Exactly how many people die from solar panels simply sitting on a roof? Does your nuclear figure include the construction costs of the plants?

    Most of the death toll from nuclear power since the adoption of the containment vessel probably comes from mining, not construction. I'm willing to bet the same for other forms of generation, except for fossil fuels and hydroelectric. Getting the raw materials out of the ground is a labor intensive process requiring heavy machinery and risky setups, and lives are invariably lost or shortened more so than in normal construction. In China alone, between 5,000 and 20,000 people die each year from mining accidents.

    It has been 25 years since a nuclear disaster occured that resulted in the loss of human lives, 64 lives directly, according to UNSCEAR but up to 4,000 according to the World Health Organization when shortened lives are also accounted for. That means that since Chernobyl, the death toll from mining supercedes the nuclear death toll by between 30 and 7800 times over depending on who you trust. Keep in mind, this is for CHINA ALONE, and is assuming mining in China was NOT more dangerous 25 years ago.

    Now lets take into account that Chernobyl implemented a design created primarily for weapons production, had no containment vessel, and was being run by a communist regime on the brink of collapse. The scale of melt-down that occured there would be near-impossible for a gifted group of well-funded terrorist engineers to cause in a modern reactor with containment. The worst nature has thrown at an ill-prepared plant (read: Fukushima) still resulted in no deaths.

    So here would be my question: which energy source requires the most mined materials per TW. Honestly, I don't know. But my suspicions are that nuclear would be near the bottom of that list.

    Wind ditto. It just sits there spinning and as long as you aren't within a few hundred yards on a *very* windy day...zero casualties.

    As long as [ this | that ]. If you are going to hold nuclear to these extreme corner cases, please hold all other energy generation techniques to equally high standards.

  26. Re:a hefty bill? by Code+Yanker · · Score: 2

    I hold them to extreme corner cases as commensurate with the risk of what happens when those conditions manifest themselves.

    No, you didn't. Your previous post assumes that people standing in a windy field next to a fatally defective wind turbine is equally as likely as reactor being built without a containment vessel, or being ill-prepared before being hit by a tsunami, this leads to an inaccurate calculation of risk. If risk is defined as probability of an event multiplied by its consequences, wind power is still the riskier bet. This is magnified when you consider that the probability of the windy-field scenario would be magnified if we were to scale wind-energy up to nuclear's specs.

    Nuclear simply has consequences that no other power source does. In each and every other case I can quite safely walk the grounds of a failed power plant the very day after the accident. You simply can't do that with nuclear when it goes tits up.

    The costs of nuclear that are not associated with loss of human life are a valid argument. Land becomes unusable for a period of time. Back to my original comment, I'm willing to bet that this area of land is very, very insignificant when you consider the land made unusable when mining for the input materials. Again, I think nuclear will fair favorably, but we would need more resources than I have at my fingertips at this computer to make a reasonable estimate.