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Are Programmers Responsible For the Actions of Their Clients?

Posted by timothy on from the ok-now-let's-talk-tortkey dept.

Bobfrankly1 writes "Robert Stuart and his company Extensions Software are being charged by New York authorities, claiming he is promoting gambling in New York because of the actions of his clients. They are charging him after he rejected a plea agreement that would have him plead guilty to lesser charges, adding backdoors to his software, and using said backdoors to gather details on his clients and their customers." Another article on the case at Salon.

10 of 222 comments (clear)

  1. No. by Threni · · Score: 5, Insightful

    There's no need to elaborate, is there? The analogies you conjur up in your mind are sufficient to tell you just how stupid an idea this is.

    1. Re:No. by NFN_NLN · · Score: 5, Insightful

      I found a similar story on another obscure website:

      "An anonymous reader points out the case of Saeed Malekpour, an Iranian-born permanent resident of Canada who worked as a web developer. In 2008, during a visit to Iran, Malekpour was arrested and detained by Iranian authorities on charges that he designed and moderated "adult content websites." In 2009, he was sentenced to death for "acting against the national security, insulting and desecrating the principles of Islam, and agitating the public mind." Malekpour wrote photo-uploading software, and in a letter he sent from prison, he said it was used by porn sites without his knowledge."

      http://yro.slashdot.org/story/12/01/22/0354253/web-developer-sentenced-to-death-in-iran

    2. Re:No. by Shoten · · Score: 4, Insightful

      There's no need to elaborate, is there? The analogies you conjur up in your mind are sufficient to tell you just how stupid an idea this is.

      Actually, yes...if you know in advance that what you're doing is actually facilitating a criminal act. It's called "being an accessory," or even falls under conspiracy, given the level of involvement needed to write software specifically to do certain things. Here's the difference:

      1: Being a gunsmith, making a gun, and putting it up for sale in accordance with all laws. Some guy you don't know buys it and then uses it to commit murder; the first time you learn of his intent to do so is when you find out that he did it. Okay, you aren't accountable.

      2: Being a gunsmith, and being approached by someone to make him a firearm with no serial number that wouldn't be traceable because it'd have no records. He pays you in cash, and tells you he intends to commit murder with it when you give it to him. Yeah, you're responsible in that case.

      Gambling in New York isn't legal. Writing software to be used in New York for gambling is therefore committing a crime. Slashdot just gave this a stupid title, is all..the crux of the question is not whether "programmers are responsible for the actions of their clients," but whether programmers who knowingly and willfully contribute to the commission of a crime can be prosecuted. And they can.

      --

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    3. Re:No. by anagama · · Score: 5, Insightful

      Why not address the larger issue of why the government has to be everyone's mom? People will gamble. Some people enjoy it. Some people get hurt. The identical thing can be said for anything: mountain biking, ice cream, jogging, or french fries.

      How's the saying go? Canada got the French. Australia got the cons. And we got the Puritans.

      fucking puritans.

      --
      What changed under Obama? Nothing Good
    4. Re:No. by russotto · · Score: 4, Insightful

      Gambling in New York isn't legal. Writing software to be used in New York for gambling is therefore committing a crime.

      This does not follow. It's not particularly unusual to build something "for export only" -- to use a car analogy, cars which aren't street legal in the US but are street legal in other countries. And if you prefer booze, the Jack Daniels distillery is located in a county where it is unlawful to sell alcohol.

  2. Perhaps by CmdrEdem · · Score: 4, Insightful

    IMHO it all depends if the programmer knows that the client will use said feature/software for illicit activity. If the programmer doesn't know them he`s not to blame. Otherwise he is a partner and should be prosecuted as so, specially if the feature in question has the only possible purpose of illegal action.

    --
    This combination doesn`t exist: ETIs that know about humanity and want to see us dead. Otherwise we wouldn't exist.
  3. Re:No by Synerg1y · · Score: 5, Insightful

    Are gun makers responsible for how their guns are used? :)

  4. Jurors, do your duty. by jcr · · Score: 4, Insightful

    Asinine shit like this is why we need to maintain our right to trial by jury. If you're ever called to serve on a jury, please remember that when you do so, you are directly exercising the people's sovereign power to determine a just verdict of the case before you. A jury has the right to return a not guilty verdict if they so choose, even though the prosecutor and the judge will lie to you and tell you otherwise. Remember, you OUTRANK the entire government when you're a jury.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  5. Send the DA to Jail by FoolishBluntman · · Score: 4, Insightful

    I think the plea bargain agreement(http://www.wired.com/images_blogs/threatlevel/2012/12/Robert-Stuart_Plea-Agreement.pdf) should land Manhattan Assistant District Attorney James Meadows in Federal Jail.
    He is asking the software vendor to commit theft on a large scale.
    I'm not sure of the exact change, something like conspiracy to commit grand theft.

  6. Re:Real reactionary by Intrepid+imaginaut · · Score: 4, Insightful

    The plea bargain is the most disturbing element for me. Apparently anyone can be charged with anything, and then forced to do whatever in exchange for a plea bargain for lesser punishment. The US is a very dangerous place to be right now.