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Are Programmers Responsible For the Actions of Their Clients?

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.

150 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 SomePgmr · · Score: 1, Informative

      [No.] There's no need to elaborate, is there?

      I want to agree, but according to the linked articles, it sounds like they're making headway on proving that wrong.

    3. Re:No. by wallsg · · Score: 1

      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.

      I agree it's stupid, but strictly as a devil's advocate what about lawsuits and/or charges against bar owners & bartenders where a patron gets drunk and drives and kills someone? There have also been periodic attempts to sue firearms manufacturers because of criminal use of their legal products.

      These "well they should know" examples are pretty much the same as someone who knowingly writes software used to run gambling sites. His customers apparently, unknown to him, using his product for "criminal" activity.

      (IMHO, my only problem with online gambling is insuring that the games are fair and that payoffs occur.)

    4. Re:No. by Anonymous Coward · · Score: 1

      That would be like making gun manufacturers liable for the actions of their customers, or alcohol companies for the actions of their (drunk) customers.

      What about the distributors you ask? The gun shops, liquor stores, or in this case the hosting company serving up these pages? They facilitate the use of these products which can be used for purposes that run afoul of the law.

      Of course, there is the flip side to this argument when it comes to Madoff's programmera.

    5. Re:No. by idobi · · Score: 4, Funny

      Let's sue Microsoft for Excel for enabling embezzlement

    6. Re:No. by TFAFalcon · · Score: 1

      In this case I can actually see some point in charging him. To use your analogy, he was running a brewery in a country where alcohol consumption is forbidden.
      Is there any use for his software in the US that is not against the law? If there isn't, then the guy is guilty of at least stupidity.

    7. Re:No. by iHambone · · Score: 1

      With respect to the bartenders example: In these cases, the server is alleged to have knowingly served alcohol to an obviously drunk person. There are statutes making that illegal. A better analogy along the drunk driving example line is suing the credit card company that the drunk used to pay his tab. They enabled his participation in the illegal activity in much the same way that the software allows the gamblers to play. I would say the website owners are akin the the overserving bartender, and they probably do deserve to get sued if they're allowing gambling where it's otherwise illegal.

    8. Re:No. by jeremyp · · Score: 2

      No, I'd say it's more like he's making brewing equipment in a country where alcohol consumption is forbidden and shipping the equipment to countries where it is legal.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    9. Re:No. by TFAFalcon · · Score: 2

      And his customers are shipping them right back, or at least selling their alcohol back in his country. I can definitely see why law enforcement is pissed off at him. But I'm not a lawyer so can't say if what he's doing is against the law or not.

    10. 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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    11. Re:No. by Java+Pimp · · Score: 2

      So does that mean Jon Johansen and his accomplices are in fact criminals for writing and distributing DeCSS and we were wrong in supporting and defending the cause all these years?

      --
      Ascalante: Your bride is over 3,000 years old.
      Kull: She told me she was 19!
    12. 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
    13. 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.

    14. Re:No. by rtb61 · · Score: 1, Troll

      Gambling is only gambling when the odds are equal for everyone, else it is a scam and those whom the odds favour are lying, cheating and stealing, that's the truth forget the bullshit. Typically the individual has to be charged so that he can be properly investigated to find out how much maintenance he was doing on his code. No one produced perfect code except the most simplest of it, first time around and the environment it which the code operates is itself continually changing, so maintenance is highly likely as is taking a percentage of income for reduced initial payment.

      Not to forget asshat many part of Australia were settled by free citizens ie Adelaide was a free settled colony.

      --
      Chaos - everything, everywhere, everywhen
    15. Re:No. by Myopic · · Score: 1

      Parent comment wins, shut down the thread. The question is would a reasonable person believe that he was facilitating a specific crime. If so, the culprit is guilty. This has always been the legal standard and software doesn't make it different. The burden is on the prosecution to show that a reasonable person would know. When judging the facts the key considerations are "reasonableness" and "specificity".

    16. Re:No. by Myopic · · Score: 1

      Yes, but then it wouldn't be "used in New York for gambling".

    17. Re:No. by anagama · · Score: 1

      No, gambling is gambling no matter what the odds. Some gambles are more favorable than others, but it is still gambling.

      --
      What changed under Obama? Nothing Good
    18. Re:No. by narcc · · Score: 1

      Now that analogy works! A+

    19. Re:No. by anagama · · Score: 3, Interesting

      No -- cheating would be telling everyone the odds are even when they are not. Anyone who plays at a casino game is totally aware that the house has an edge. Those people aren't being cheated -- they're gambling. Now it would be different if the casino advertised something along the lines of "players have a 5% edge over the house" but the truth was the opposite. Casinos don't do that though so nobody is being deceived (and if one did, then yes, they'd be cheaters and liars).

      I get that you don't like that setup, but your personal feelings don't change the character of the act of gambling when the odds don't favor you. It's still gambling, just not the smartest type. Secondly, how would the house stay in business and pay staff if the games were completely even? Statistically speaking, that business would be a bad bet, and under your thinking, it would be the customers that were cheaters and liars because the customers would have a much higher expectation of profit than the casino that had to pay staff, electricity, maintenance and capital costs -- and yet would only break even on bets over time. Plainly that's a recipe for losing money, so a totally 50/50 game in that sense would be totally unfair.

      --
      What changed under Obama? Nothing Good
    20. Re:No. by nateb · · Score: 2

      No one produced perfect code except the most simplest of it, first time around and the environment it which the code operates is itself continually changing, so maintenance is highly likely as is taking a percentage of income for reduced initial payment.

      Obviously, you've not taken Knuth to heart.

      --
      -- Nate
    21. Re:No. by nateb · · Score: 1

      programmera

      dictionary.com doesn't have this word. Please elaborate and elucidate me (and us.)

      --
      -- Nate
    22. Re:No. by jandersen · · Score: 1

      Why not address the larger issue of why the government has to be everyone's mom?

      Stop whining. You live in a society and enjoy the benefits; but in any society, all things are connected to some extent. So, if a family's breadwinner gambles away everything, it doesn't hurt only him, but a number of dependents; people who are most likely innocent in this context and who shouldn't have been hurt. Just imagine that you were hit by the consequences of the irresponsible actions of some fool; wouldn't you want to go after him? And if it turns out that there is nothing to come after, wouldn't you like to be able to go after those that enabled this person to hurt you? I bet you would.

      It is always so easy to be against the government and society in general when you feel safe and are annoyed that there are requirements as well as benefits; to me that is no better than uninformed smugness. You may think that you want "no government", but just remeber that no government would also mean no general education, which would mean very few doctors, no jobs outside subsistence farming etc. And it would mean very little infra-structure: no interstate highways, no trains, no water, electricity or internet. Whoops.

      Yeah, it is annoying to pay taxes and having rules, but it is like brushing your teeth or washing your hands: it's is a good idea.

    23. Re:No. by Calydor · · Score: 1

      So according to you the only honest gamble is a coin toss, MAYBE a game of rock, paper, scissors? Everything else is evil and cheating? Just trying to be sure I understand your viewpoint.

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    24. Re:No. by Calydor · · Score: 1

      Because no one ever uses anything in a way they are not supposed to?

      --
      -=This sig has nothing to do with my comment. Move along now=-
    25. Re:No. by Dr+Damage+I · · Score: 2

      FTFA: "...But Stuart, who has been charged along with his wife and brother-in-law with one felony count for promoting gambling in New York through their software firm, says that his company sells the software only to entities outside the U.S. and that he’s not aware of anyone using it in the U.S. or using it to take illegal bets in the U.S."

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    26. Re:No. by tehcyder · · Score: 1

      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.

      I've nothing against gambling or drug taking, but the argument is presumably that these can have negative effects on society as a whole, and that that overall negative effect trumps their individual right to do what they want.

      The reductio ad absurdum would be that the government shouldn't make murder illegal, since some people enjoy it, which not even the most extreme libertarian would seriously suggest. So there clearly is a grey area in between.

      If you injure yourself through mountain biking or jogging, that's broadly speaking your own problem and no one else's. I suppose with drug addiction or gambling, you could argue that it affects entire families.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    27. Re:No. by Myopic · · Score: 1

      If a reasonable person doesn't know how it will be used then it's not a crime.

      But it IS a crime for a person to provide services which a reasonable person would know would be used in a crime and then to PRETEND that they don't know how their services will be used. If a reasonable person wouldn't know, then that's not a crime. The burden of proof is on the prosecution.

      Come on, man, this isn't hard stuff. This is the very very basics of the laws which govern your actions, you should have known this stuff in high school.

    28. Re:No. by Myopic · · Score: 1

      Great. Tell it to a judge. If that's true, then he hasn't broken the law. If he's lying, only feigning ignorance when really he knew (or should have known -- the "reasonable person" standard) then he has broken the law. The burden is on the prosecution to show that a reasonable person would have known, or even better that he really did know and that he's lying now to cover his ass. If they can't do that then he goes free.

      You know that, right? You know that's how the law works, right? I mean, I'm not teaching you anything new here am I? Is anything I'm saying less than totally obvious?

    29. Re:No. by Golddess · · Score: 1

      So does that mean Jon Johansen and his accomplices are in fact criminals for writing and distributing DeCSS

      Maybe? IANAL so cannot say for sure. However...

      and we were wrong in supporting and defending the cause all these years?

      Just because something is illegal does not make it wrong.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    30. Re:No. by jedidiah · · Score: 1

      Getting paralyzed while falling off a horse impacts your family and "society" just as much as any well known victimless crime does.

      We just choose to demonize one personal choice rather than another.

      It all goes back to this country being founded by religious zealots.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:No. by Calydor · · Score: 1

      I'm not American, so unless you can recite every law in my country regarding this topic without spending a few hours looking them up I respectfully disagree with your statement that I should have know this stuff in high school.

      My country's school system is different, by the way. We don't specifically have 'high school'.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    32. Re:No. by Myopic · · Score: 1

      I apologize for assuming the whole audience lived under American laws. What country do you live in where people can be complicit in crimes and yet avoid prosecution? That sounds like a pirate's haven to me and I didn't realize such a place existed. Maybe I could move there and start selling bombs to terrorists or acting as a middle man for political assassinations.

      I focused on the American institution of high school because it is in high school when kids learn the last lessons they need before assuming the full responsibilities of majority which in America happens at 18. When you turn 18 in the United States, you better well understand that being complicit in a crime is prosecutable. What would be the corollary phase of life in your jurisdiction?

    33. Re:No. by Cederic · · Score: 1

      Gambling is only gambling when the odds are equal for everyone, else it is a scam and those whom the odds favour are lying, cheating and stealing, that's the truth forget the bullshit.

      If I put $20 on a roulette table, knowing that a 0 or 00 loses my stake and gives the house its cut, then by your definition I'm being scammed.

      By my definition I'm paying a 1/37th or 1/19th (depending where the table is) overhead for a source of entertainment. It's also very clear upfront, so there's no lying, no cheating and no stealing. I will indeed forget the bullshit - please stop writing it here on Slashdot.

      Gambling is fun. The fun has value. That value must be included in any financial assessment.

      I know I'm going to lose when I put money into slot machines. They have sparkly lights, make interesting noises and give me a momentary sense of anticipation. That's worth a couple of quid. Winning is merely a bonus.

    34. Re:No. by wallsg · · Score: 1

      Great. Tell it to a judge. If that's true, then he hasn't broken the law. If he's lying, only feigning ignorance when really he knew (or should have known -- the "reasonable person" standard) then he has broken the law. The burden is on the prosecution to show that a reasonable person would have known, or even better that he really did know and that he's lying now to cover his ass. If they can't do that then he goes free.

      You know that, right? You know that's how the law works, right? I mean, I'm not teaching you anything new here am I? Is anything I'm saying less than totally obvious?

      And he's out of business/broke/incurred tremendous debts due to the practically unlimited funds available to prosecute and the fact that even if found not guilty on all counts a defendant has to pay for his own defense. That's why it's standard operating procedure to charge a suspect with the kitchen sink and then plea bargain to one or a handful of guilty pleas. A poor person has no choice but to accept. A middle class person may be able to win, but will then be a poor person. Only the wealthy can really fight in court, and this isn't a problem with wealth but a problem with our court system. (IMHO, if the prosecution loses it should pay the defendant's legal costs.)

      This is only one step from the movie Brazil where suspects are charged for their interrogation.

      If a government doesn't like something you're doing they can find something to charge you with even if they know that a conviction's unlikely. This is the government equivalent of a SLAPP suit.

    35. Re:No. by rtb61 · · Score: 1

      Still with the lies, you know full well all the existing games could be adjusted to equal odds and then I wouldn't have a problem.

      --
      Chaos - everything, everywhere, everywhen
    36. Re:No. by Myopic · · Score: 1

      Agreed. You outline some serious problems with the justice system.

    37. Re:No. by DirtyLiar · · Score: 1

      HEY! /. isn't obscure!

      --

      THINK! It's patriotic

    38. Re:No. by sjames · · Score: 1

      It is entirely possible that a programmer might create a gambling site in New York under the presumption that it won't actually be deployed in New York. He may also not know gambling sites are illegal in NY. It's not his job to know that, it's not his site.

      I have no problem with a programmer being prosecuted iff it can be proven that he actually knew the software would be used for a crime, not merely that it could be and not merely that a 'reasonable man' would suspect it.

  2. No by Anonymous Coward · · Score: 3, Funny

    Are plumbers responsible for the actions of their clients?
    No. This is just as bullshit.

  3. 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.
    1. Re:Perhaps by ArcadeNut · · Score: 1, Troll

      So by your logic, anyone who writes FTP clients/servers, or Web Browsers, or ANYTHING that could be used for Illegal activity, then they should be held accountable?

      No thanks.

      If it's only purpose is for illegal activities, then sure, prosecute away...

      (IANAL) I have a feeling that if the guy wasn't selling it to anyone in the US or anyone outside the US that was using it for illegal purposes he probably won't wind up in jail. They've (Not necessarily NY) tried to hold other non-software companies liable for the actions of their customers and have failed.

      --
      Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
    2. Re:Perhaps by TFAFalcon · · Score: 1

      Well if he writes it in a country where FTP servers are illegal, then why not charge him?

    3. Re:Perhaps by icebraining · · Score: 1

      In that case, yes, they should charge him. But it's irrelevant to this case, because gambling software itself is not illegal, just accepting bets with it. You can write and export the software to jurisdictions where they actually accept bets.

    4. Re:Perhaps by anagama · · Score: 2

      Kinda like cards, dice, and poker chips. You can find these in practically every store in America, even in places where gambling is illegal.

      --
      What changed under Obama? Nothing Good
    5. Re:Perhaps by swalve · · Score: 1

      Another wrinkle is that it sounds like that he isn't being charged as a programmer per se, but as a guy selling software. To do illegal things, for cash and money orders. That alone seems like enough to create some suspicion.

    6. Re:Perhaps by DragonWriter · · Score: 1

      Another wrinkle is that it sounds like that he isn't being charged as a programmer per se, but as a guy selling software.

      If you read the actual charge, he is charged with actually receiving bets, not as either a programmer or a guy selling software.

    7. Re:Perhaps by Dr+Damage+I · · Score: 1

      True, but none of those is exclusively used for gambling. You can play cards without gambling or even being in competition with another person, you can use dice to play monopoly and you can use poker chips to play poker without any money changing hands.

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
  4. Re:No by LordLucless · · Score: 4, Funny

    Just their motions

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  5. Real reactionary by DarthBling · · Score: 4, Interesting

    This particular excerpt just helps to show how out of control things have gotten:

    The case began in February 2011, when Stuart says he and his wife got the Kim Dotcom treatment after about 30 local Arizona law enforcement agents wearing SWAT gear and camouflage dress — some of them with bushes attached to their shoulders to blend into the woods around his house — descended on his home and threatened to send him and his wife to prison for 35 years if he didn’t cooperate.

    The search warrant used in the raid said Stuart and his wife were engaged in money laundering, operating an illegal enterprise and engaging in the promotion of gambling. Stuart has tried to obtain a copy of the affidavit used to get the search warrant, but it’s currently sealed.


    Why yes of course, 30 Arizona SWAT agents to take down a husband and wife accused of online crimes in New York. Sounds about right. At the very least, SWAT got the right address and didn't shoot anybody's dog.

    1. Re:Real reactionary by Richy_T · · Score: 1

      Why should Idaho get all the fun?

    2. 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.

    3. Re:Real reactionary by gl4ss · · Score: 2

      This. The "agree to the plea bargain or waste away in jail waiting on your 'speedy trial'" is what offends me the most about our current (in)justice system.
      Those without substantial financial means find themselves on the losing end, especially when your public defender tells you to take the plea even if you did not do anything wrong.

      most ridiculous thing about that is that the plea bargain charges are totally different from the charges filed if you don't accept the plea bargain... which is like saying that history changes depending on what you admit.

      --
      world was created 5 seconds before this post as it is.
    4. Re:Real reactionary by HeckRuler · · Score: 1

      They didn't shoot anyone's dog because they didn't have a dog. It's standard policy to alway shoot the dog. Always.

    5. Re:Real reactionary by TFAFalcon · · Score: 1

      Exactly. Changing charges based on a plea should be illegal. The most a plea should be able to achieve is a reduced sentence from the judge - for accepting responsibility.

  6. Round 'Em Up by l0ungeb0y · · Score: 3, Insightful

    Seems that the DAs office in NYC should be busy issuing Arrest Warrants for manufacturers of Guns, Knives, Automobiles, Hammers, Crowbars and Household Cleaning Products.

    Ahh fuck it -- just arrest anyone who has ever made anything.
    We can't be too sure.

    I'm sure Duct Tape has been used in many abductions and murders.
    And arrest everyone at Google too -- how many murder suspects have been found to have used their site to help them commit their crimes?

    1. Re:Round 'Em Up by Anonymous Coward · · Score: 1

      NYC has tried going after gun makers but the federal government said that gun manufacturers are not responsible for any illicit actions committed with their product.

    2. Re:Round 'Em Up by suutar · · Score: 1

      Don't forget baseball bats. Very dangerous.

    3. Re:Round 'Em Up by Dr+Damage+I · · Score: 1

      They got fined millions of dollars in campaign contributions to both parties :)

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
  7. I'm confused by viperidaenz · · Score: 1

    He did do something to stop the illegal behaviour: He didn't sell his software to them.

    He should sue for copyright infringement.

    Why don't the police go after Facebook? I'm sure many poker nights have been organised via the social networking site.

    1. Re:I'm confused by mark-t · · Score: 1

      "pals", "buddies", "friends"...?

    2. Re:I'm confused by viperidaenz · · Score: 1

      You can play, as long as there is no illegal gambling

    3. Re:I'm confused by oreaq · · Score: 1

      Collectiong rake is illegal in most of the U.S. Playing poker for money is not illegal.

  8. Next up by Anonymous Coward · · Score: 2, Insightful

    Gun manufacturers held responsible for how their clients use their guns.

    The liberals up there in New York know this is a perfect test case to get all those Religious Right Republican biddys nodding their head yes along with them up until the time it's too late to say "wait! no!"

  9. Wrong headline by Anonymous Coward · · Score: 5, Interesting

    The real issue here is: Should software makers backdoor their programs for cops?

    Stuart showed Wired a plea agreement signed by former Manhattan Assistant District Attorney James Meadows, which stated that he would plead guilty to second- and fourth-degree money laundering charges and assist the DA's investigations by, among other things, "aiding in the design of software used to obtain records, usernames, passwords, and other information stored on websites using" his company's software.

    Illegal. Any evidence acquired by that software would not be usable in court.

    1. Re:Wrong headline by Anonymous+Cowpat · · Score: 3, Insightful

      from the last paragraph of the first page of the article:

      “They made it clear that they would do nothing. I was expected to do everything, to modify the system to allow myself to get in to get the information they wanted,” he says. “Their whole intention was for me to retrieve information from those databases that were located in foreign countries. They were going to use me to get to the clients. But I’m not a hacker, I’m a software developer.”

      They want him to do it and give them the information, not create a backdoor for them to use. That way it's not illegal.

      Unbelievable. The correct response is for the countries in which the gambling sites in question, who are having their lawful business interefered with, reside to start taking retaliatory action - trade embargoes, expelled ambassadors, moratorium on extradition, closing airbases, etc.

      --
      FGD 135
    2. Re:Wrong headline by MetalOne · · Score: 1

      Its not admissible if the private citizen was working on behalf of the government. Good luck proving that defense though.

    3. Re:Wrong headline by oreaq · · Score: 2

      The correct response is for the countries in which the gambling sites in question, who are having their lawful business interefered with, reside to start taking retaliatory action - trade embargoes, expelled ambassadors, moratorium on extradition, closing airbases, etc.

      Antigua and Barbuda tried something like that They won the international court case but are not able to collect on the damages awarded.

  10. Re:No by Synerg1y · · Score: 5, Insightful

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

  11. As always: It depends by Aviation+Pete · · Score: 2, Insightful

    just wait until we have the first fatalities with civilian UAVs or autonomous cars without permanent supervision. The weasels in management and politicians craving recognition will point all the way down to the poor soul who failed to write perfect code in too little time. This discussion is similar to the one about who is responsible for shootings - shooter or gun manufacturer. Only that at some point there will not be an identifiable person holding the gun, and still people get killed.

    --
    You know it's time for the next revolution when your rulers' names end with roman numerals.
    1. Re:As always: It depends by Kell+Bengal · · Score: 1

      We have already had the first fatality from a civilian UAV: a man was killed by debris when a Yamaha R-Max crashed (admittedly, under remote manual control). Prior to that, several people have been killed while operating remote controled hobby aircraft.

      --
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  12. That's kinda cool by obarthelemy · · Score: 1, Interesting

    It does mean the CIA is responsible for torture committed by 3rd-parties it transferred prisoners to, doesn't it ?

    --
    The Cloud - because you don't care if your apps and data are up in the air.
  13. Don't anyone tell Google or Zynga by WillAffleckUW · · Score: 1

    after all, both Google and Zynga do gambling too.

    --
    -- Tigger warning: This post may contain tiggers! --
  14. Re:No by Sir_Sri · · Score: 2

    They are if they sell them to north korea or Iran.

  15. 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."
    1. Re:Jurors, do your duty. by drinkypoo · · Score: 2

      This is why I decided to answer a summons and not even try to get out of a trial. Then they cancelled my group. Whatever.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Jurors, do your duty. by blahplusplus · · Score: 1

      "Asinine shit like this is why we need to maintain our right to trial by jury."

      Not quite as easy at it sounds. The way the human mind reasons is not as the enlightenment thought.

      http://www.youtube.com/watch?v=PYmi0DLzBdQ

    3. Re:Jurors, do your duty. by westlake · · Score: 2

      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

      The geek's faith in jury nullification is stupid.

      Jury nullification spares the home town boy and hangs the outsider.

      Historically, the way it worked is that the Klansman went free and the nigger got the rope --- often enough without the formality of a trial or a verdict,

      In the old days, postcards of such lynchings were quite the thing.

      There's nothing better to have around for the days when you just know that the arrogant idiot son of a bitch you've been blessed with as a client is about to piss off the jury and expect them to applaud his performance.

      -----

      If you are part of a criminal conspiracy, anything you do to help achieve the goals of that conspiracy is criminal, no matter how innocent your actions might be under other circumstances. If you are keeping the books for Al Capone, don't be surprised when you receive a visit from Eliot Ness.

    4. Re:Jurors, do your duty. by jcr · · Score: 1, Flamebait

      The geek's faith in jury nullification is stupid.

      It just so happens that juries are starting to nullify the war on drugs. You can be part of the problem or part of the solution, and it's clear you're on the government's side, so fuck you.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:Jurors, do your duty. by westlake · · Score: 1

      It just so happens that juries are starting to nullify the war on drugs.

      That is still the case of the home town boy vs the outsider.

      It just might win you a bye in some state courts if you are caught dealing in "medical" marijuana.

  16. Misleading title? by stafil · · Score: 1

    They are being charged of "knowingly advanced and profited from unlawful gambling activity".

    So if they made/sold the software for/to somebody who was going to use it for unlawful gambling *knowingly* then I guess the justice has a case against them.

    On a knife analogy:

    If I make and sell knives legally, then its hard to be accused when somebody uses them to commit illegal action.

    On the other hand if I sell the knife somewhere where selling of knives is prohibited, or if I make it and sell it by order to a somebody who is going to use it illegally and I am aware of that at the time of making/selling, then I guess I am probably at wrong.

  17. IANAL by nbauman · · Score: 1

    But here's somebody who is and wrote a comic book about the subject.
    http://lawcomic.net/guide/?p=446

  18. Why is gambling illegal? by tolkienfan · · Score: 1, Interesting

    Seriously? Who does it hurt?

    1. Re:Why is gambling illegal? by BoRegardless · · Score: 1

      Foreign gambling operations give no $s to Uncle $am.

    2. Re:Why is gambling illegal? by Phyrexia · · Score: 1

      You! You've got too much dopamine in your system. Stop it!

    3. Re:Why is gambling illegal? by Bobfrankly1 · · Score: 1

      Foreign gambling operations give no $s to Uncle $am.

      Not to mention they are likely unregulated. With no one peeking over their shoulder, whats to stop them from cooking the odds in their favor?

  19. Re:No by stafil · · Score: 1

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

    Depends.

    Are they knowingly sell them to someone who is going to commit a crime?

    Do they sell them somewhere where selling guns is illegal?

  20. gun manufacturers are not responsible by Joe_Dragon · · Score: 1

    gun manufacturers are not responsible for users of there guns.

  21. Re:No by i.r.id10t · · Score: 1

    No, and there is actually a federal law about this.

    And while we are asking, would you go after Ford to stop drunk drivers?

    --
    Don't blame me, I voted for Kodos
  22. Not the same logic by DragonWriter · · Score: 3, Informative

    So by your logic, anyone who writes FTP clients/servers, or Web Browsers, or ANYTHING that could be used for Illegal activity, then they should be held accountable?

    Your strawman doesn't represent GP's logic because GP said that the programmer should be held responsible if he "knows that the client will use said feature/software for illicit activity." That's different than knowing that the software could be used for illegal activity, even for something so widely used that that knowledge also implies knowledge to a statistical certainty that some user, somewhere will eventually end up using for criminal activity.

    And, frankly, it is pretty much the standard that, decades ago, when I worked in retail (at Radio Shack) we were trained to apply: if a customer told us something that made us believe they were going to use the product they were seeking to purchase for criminal activity, we shouldn't sell it to them, otherwise the we (the company and potentially the sales person) could be held culpable.

    There's the case where a purchaser goes on to use a product illegally and the seller is innocent, and then there is a case where a criminal purpose known to both the seller and purchaser is the whole point of the sale. Obviously, the seller, when charged, has a vested interest in portraying the latter case as if it was the former; there's a reason we have trials with evidence rather than just deciding criminal cases based on public statements by either the prosecutor or the defendant.

    1. Re:Not the same logic by DragonWriter · · Score: 1

      The maker of an FTP client will know that someone is going to end up downloading child porn with it. I mean come on. His argument was fine.

      No, it wasn't, because knowing that someone, somewhere will break the law is different than selling it to a particular paying customer knowing that that customer intends to break the law with it. The former is generally not a basis for criminal liability, the latter is a fairly well-established basis for criminal liability. The argument portrayed the former as an application of the logic which said that the latter was subject to liability, which is false.

    2. Re:Not the same logic by ArsenneLupin · · Score: 1

      The maker of an FTP client will know that someone is going to end up downloading child porn with it.

      The maker of a hard disk will know that someone is going to end up storing child porn on it (in the US, possession is already a crime).

      A building contractor will know that someday someone is going to put a computer that contains child porn into a house built by him (again, possession is crime...)

      A plumber will know that that someday, somebody will masturbate on one of the toilets that he serviced while thinking about a teenager...

  23. That's the difference between law and morality by OhANameWhatName · · Score: 1

    the legal question "Is the programmer responsible for what their client does with the software they write?"

    the moral question "Should the programmer have written the software?"

    Seriously, most of us work on rubbish that rips people off. The thin red line of 'legal' vs 'illegal' is just as much an abuse of law as what the government is doing. Don't want to get in trouble for writing dodgy software?

    .. stop writing it.

    1. Re:That's the difference between law and morality by icebraining · · Score: 1

      It's an abuse of law to draw a distinction between legal and illegal? That doesn't even make sense.

      And while there is a difference between legal and moral, that goes both ways; there's plenty of stuff that is illegal but moral, and I don't see any reason to think the software was in any way immoral or scammed people.

  24. Car Analogy by chuckymonkey · · Score: 2, Insightful

    Are car designers responsible for drunk drivers?

    --
    "Some books contain the machinery required to create and sustain universes."-Tycho
    1. Re:Car Analogy by dkf · · Score: 1

      Are car designers responsible for drunk drivers?

      Does their design replace the passenger seat with a beer keg?

      If not, why not?! That sounds awesome!

      Provided the car is self-driving, of course.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  25. The actual charge by DragonWriter · · Score: 4, Informative

    Good question, did he or did he not know what it will be used for?Or should I put, are there any evidence that he did know?

    The actual charge (rather than Stuart's characterization of it) is that Stuart and his employees "knowingly advanced and profited from unlawful gambling activity by engaging in bookmaking to the extent that they received and accepted in any one day more than five bets totaling more than five thousand dollars."

    Not that they provided software which the purchaser of the software used (with or without their knowledge) to accept bets, but that Stuart and his employees actually received and accepted bets.

    If Stuart is to be convicted, they will need to prove that charge to a jury.

    1. Re:The actual charge by Trailer+Trash · · Score: 1

      If Stuart is to be convicted, they will need to prove that charge to a jury.

      Which will be hard to do after the government takes all their money and they're left with a public defender assigned by the court.

    2. Re:The actual charge by Mabhatter · · Score: 1

      The article is pretty scary... The authorities went WAY over the line in what they asked him to do as part of his "plea". Now that they have totally screwed the pooch they want to take it out on him. The whole situation is pretty kaffkaesque... They are treating it like looking for "drugs" but gambling is not illegal everywhere, even in the same state.

    3. Re:The actual charge by DragonWriter · · Score: 1

      The article is pretty scary... The authorities went WAY over the line in what they asked him to do as part of his "plea". Now that they have totally screwed the pooch they want to take it out on him. The whole situation is pretty kaffkaesque... They are treating it like looking for "drugs" but gambling is not illegal everywhere, even in the same state.

      What they required is, except for the "with a computer" part, perfectly in line with what an accused member of a criminal enterprise who plea bargains to a lesser charge in return for cooperation against other accused members of the criminal enterprise is typically required to do.

    4. Re:The actual charge by Talderas · · Score: 1

      So the plea bargain, where the state wanted him to put in a backdoor, was part of the plea bargain related to this charge?

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:The actual charge by Bobfrankly1 · · Score: 1

      This is exactly why I submitted this article. Great to see someone recognizing the over-reach that's being attempted in this case.

  26. Hurry up! by gmuslera · · Score: 1

    Good opportunity to put in jail all weapon makers for multiple murders

  27. Re:No by TFAFalcon · · Score: 1

    I imagine a gun maker based in the UK would be in quite a bit of trouble if their guns started showing up in crimes, even if all their customers were abroad. Why make a product that is illegal in the country where you are making it.

  28. Re:Kill all the authoritarians by Lord+Kano · · Score: 1

    Too many fuckers running around thinking they have a right to tell everyone what they can do. Why are obsolete Christianity-based laws against gay marriage, prostitution, gambling, etc allowed to exist in the 21st century?

    If you think that a Christianity based legal system is bad, then you have no clue what they'd be like if the laws were based on Islam.

    Please understand that I'm not bashing Muslims or Islam, I'm just pointing out that in Muslim countries the penalties for these transgressions are far more severe than in in de facto Christian countries.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  29. Re:listen science. you can't have it both ways by icebraining · · Score: 1

    Yes, cases like this were there awful things happened, like (gasp) gambling! Uuuh!

  30. Re:Kill all the authoritarians by Dave+Emami · · Score: 1

    Too many fuckers running around thinking they have a right to tell everyone what they can do. Why are obsolete Christianity-based laws against

    There are plenty of "fuckers" going around doing that based on all sorts of belief systems, be they religions, philosophies, ideologies, or what have you.

    gay marriage

    Of the countries around the world which recognize same-sex marriage, every single one of them is historically Christian. Note the map here.

    prostitution

    Not quite as overwhelming in this case, but the majority of the places where prostitution is illegal are countries whose primary religion is not Christianity.

    gambling

    You're probably confusing "Baptists" with "Christians" here. I'm not a theology major, but I don't recall anywhere in the Bible where gambling is forbidden. I do know that the official Catholic position is that gambling is fine as long as there's no cheating and as long as you don't do bad things because of the gambling, like letting your kids go hungry because you lost all your money and can't buy groceries. Did a quick search and the Evangelical Lutheran position is "...the Bible does not speak directly to gambling." As to the positions of other denominations, I don't know and I'll let someone else search if they care.

    I know the "Christians are trying to spoil my fun!" vibe is strong, but you need to be a little less reflexive about it. Lots of people want to take away your fun. Consider this very secular guy's editorial advocating increased regulation of violent movies.

    Also please note that I'm not suggesting my support for fun-restricting laws. A combined casino/brothel where the cocktail waitresses serve cocaine along with the drinks and the jackpot prize includes an AK-47 is just fine with me.

    --

    "The Greens lynched a hacker in Chicago. Last month, but I think the body's still hanging from the old Water Tower."
  31. Re:Kill all the authoritarians by theskipper · · Score: 1

    Your sig is quite insightful.

  32. 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.

  33. Re:No by theskipper · · Score: 1

    In that scenario, Taco Bell would get the death penalty.

  34. I might suggest that.... by mark-t · · Score: 1

    ... programmers could be held responsible for whatever it is that they explicitly designed the software to do, to the extent that fitness for a particular purpose is actually applicable. Other than that, no.

  35. Re:Kill all the authoritarians by ducomputergeek · · Score: 1, Insightful

    The 4 boxes of liberty are the Soap Box, Ballot Box, Jury Box, Ammo Box to be used in that order. Right now we're at the Jury box stage...

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  36. Re:Kill all the authoritarians by Fuzzums · · Score: 1

    :)

    --
    Privacy is terrorism.
  37. Re:listen science. you can't have it both ways by russotto · · Score: 1

    we hear all the time on slashdot about how science is a social good, how it should be supported by taxpayers dollars, how it benefits mankind, cures disease, etc etc etc.

    Please tell me you're trolling and not seriously trying to treat all of science, or all of science, technology, engineering, and mathematics, as a monolithic whole?

    Most of the 'great STEM' people, like Einstein, Sahkarov, Sagan, and many others, would argue that STEM people are not only responsible, they are the vanguard and should take the lead in examining the impact their work has on society.

    What of Werner von Braun? You never hear of any hand-wringing from his quarter. Nor from Otto or Daimler or Diesel or Ford for that matter. Wilbur Wright? He developed an early "flying bomb". And as for Sakharov, he designed nukes for Stalin with nary a thought -- he later said "in those long-gone years, the question didnâ(TM)t even arise".

  38. Re:Kill all the authoritarians by Myopic · · Score: 1

    LOL. You can kick us later after we're down, but until then we still run the world so try harder to hide your jealousy.

  39. Re:Kill all the authoritarians by Myopic · · Score: 2

    The ballot box comes first and we're still on that stage. Congress currently reflects the values of the American people. We are legitimately divided and thus so is Congress. This is exactly as things should be. Our problems will be solved by the grind of elections.

  40. Re:No by Myopic · · Score: 1

    If a plumber reasonably expects that the fruits of his labor will be used in a specific crime, then of course he assumes some complicity and responsibility for the crime. It's hard to imagine how that would happen to a plumber, but you are simply totally wrong to say that he would be inculpable.

  41. Re:Kill all the authoritarians by tqk · · Score: 1

    Or, that may be a joke, playing off on my ("Holy !@#$!") inflamatory post. It's a fair cop.

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  42. Re:No by Myopic · · Score: 1

    They would be under normal legal circumstances, but Congress specifically exempted them.

  43. Could be worse by Turminder+Xuss · · Score: 1

    Imagine if he made playing cards ...

    --
    You seem to regard science as some kind of dodge... or hustle.
  44. Re:Kill all the authoritarians by tqk · · Score: 1

    The 4 boxes of liberty are the Soap Box, Ballot Box, Jury Box, Ammo Box to be used in that order. Right now we're at the Jury box stage.

    So, you're going to sue the US Gov. for redress? Methinks you underestimate the problem. Your government has been way out of control, and in the pocket of special interests, for decades now. They've only recently been capitalizing on their success. We've all been wondering when you guys are going to stand up on your hind legs and take it $thefuck back.

    Konichiwa. Que pasa? Wakarimasu ka?

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  45. Manhattan DA blackmails software developer? by dgharmon · · Score: 1

    'Stuart showed Wired a plea agreement (.pdf) signed by former Manhattan Assistant District Attorney James Meadows, which stated that he would plead guilty to second- and fourth-degree money laundering charges and assist the DAâ(TM)s investigations by, among other things, âoeaiding in the design of software used to obtain records, usernames, passwords, and other information stored on websites usingâ his companyâ(TM)s software'.

    --
    AccountKiller
  46. Re:Kill all the authoritarians by tqk · · Score: 3, Interesting

    The ballot box comes first and we're still on that stage.

    I'm not sure that's the wisest course. If a bully slaps you, do you slap him back? No, you hit him with a baseball bat! Didn't you guys learn anything from the Cold War?!? You don't negotiate with bullies, FFS!

    Too bad your govt. has turned into a bully. Whattya gonna do about it, huh?

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  47. Re:Chyeah, right! by tqk · · Score: 1

    Hell go read up on the Native American's struggles post-reservation.

    Trust me, I have. It's a disgusting story. It wasn't just the Spaniards/Conquistadores devastating the natives. All we round-eyes have lots to answer for. Anyone questioning this, go research Christopher Columbus vs. the natives he contacted. Eeeeeeeeewwe!

    Grr. Argh.

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  48. Re:Kill all the authoritarians by tqk · · Score: 1

    You can kick us later after we're down, but until then we still run the world so try harder to hide your jealousy.

    You're ALREADY ON THE HIGHWAY TO HELL. You just haven't realized it yet. Enjoy the ride. Send us a postcard. Please try not to destroy the whole frigging world as you go down, thanks very much. Bye!!!!!!!!!

    The Chinese appreciate what your lawyers and politicos have been up to, very *very* much. Bravo!

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  49. federal agents who knowingly sell to cartels are by raymorris · · Score: 1

    But federal agents who knowingly and INTENTIONALLY sell guns illegally to mexican drug cartels are.
    It's one thing to know that a product COULD be used illegally. It's quite another to design the product specifically for a purpose that's illegal, and to know that a specific partner/customer is almost certainly using it exclusively for illegal purposes.
    I wrote bulk mailing software. I'm 100% certain that none of my customers use it for spamming because I'm responsible about how I market it and who I sell it to.

  50. one isses with on line gambleing is the taxing by Joe_Dragon · · Score: 1

    one issue with on line gambleing is the taxing and each state will want there cut as well as the fed.

    1. Re:one isses with on line gambleing is the taxing by anagama · · Score: 2

      I get that, but think about it for a minute. It basically means that everything the government can't tax, can be forbidden. Not because it is something evil --- just because they can't tax it. Maybe instead of worrying about the ability of the government to get a cut of every damn thing in the world, we should worry about human integrity, the notion that people should be able to live their lives in ways they see fit. And sometimes, the government won't be able to tax that, and it should be OK anyway.

      --
      What changed under Obama? Nothing Good
  51. Re:Kill all the authoritarians by Lord+Kano · · Score: 1

    Why the fuck do you think that the alternative to Christian-based laws is Sharia law? How about a rational, secular system?

    Way to miss the point.

    I'm not looking to live in a theocracy. I'm just saying that it's not the end of the world that you can't marry another dude. You want to bitch about real oppression and theocratic tyranny, look elsewhere because it ain't here.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  52. Re:Programmer Responsible For the Action of The Us by Zontar+The+Mindless · · Score: 1

    I remember a kid in NYC with bad hair and a worse attitude who tried to claim he had no idea his packet sniffer was being used for packet sniffing, or why, when it was obvious that he did.

    But this has exactly what to do with the story we're currently discussing...?

    --
    Il n'y a pas de Planet B.
  53. Let's pretend I'm a juror by davidwr · · Score: 1

    Let's pretend I'm a juror and the judge didn't already kick it out. I'm going to apply the "common sense" principle.

    Was the developer a co-conspirator? OR
    Was the developer merely grossly negligent? OR
    Was the developer merely selling a lawful product to a customer which he had no legal obligation to monitor?

    Non-computer example of co-conspirator:

    Burglar walks into a hardware store and says "I need something to pick my neighbor's lock so I can steal his stuff when he's at work tomorrow. I can't pay you now but I'll give you have of his loot." "Sure, here's our lockpick set."

    Non-computer example of being grossly negligent:

    "Bar*HIC*keeper, can I have one for the *HIC*[stumbles and falls] road? [reaches into pocket to get car keys]?" "Sure, I'll put it on your tab."

    So, basically, as a juror I'm going to ask:
    * Is the programmer in cahoots with the other criminal?
    * If not, is it reasonable for him to realize that his product will almost certainly be used to commit a crime AND that it almost certainly will not be put to any other use except perhaps "to prove the point" that it "can" be used for non-criminal purposes?

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  54. Re:Kill all the authoritarians by Dr+Damage+I · · Score: 1

    Damn, I'd go to that casino. I'd probably pass on the cocaine, but whatever floats someone elses boat is all good.

    --
    "Cursed is he who rises early in the morning..." Isiah 5:11
  55. Apply this to toll taking software by gelfling · · Score: 1

    If someone beats EZPass - arrest the programmer who built it.

  56. Re:Kill all the authoritarians by Myopic · · Score: 1

    Turned into a bully? It enforces the law, if that's what you mean. Other than that it accurately reflects the voters which is all we can ask for in a democracy. At times when it goes beyond the law it is *always* validated by voters -- such torture, wireless wiretaps, illegal foreign wars, etc, all of which were very popular with voters.

  57. Re:No by Myopic · · Score: 1

    "They are not selling their firearms to someone they KNOW will use it improperly."

    I didn't keep reading after this because nothing else you could say could matter. That right there would be the deciding issue. Would a reasonable company know, or not? That's the legal standard and most of the legal experts expected gun makers to get hit the way tobacco makers got hit, because both of them do, in fact, know.

    Think about it, if that liability wasn't real then gun makers wouldn't have lobbied Congress for a special law exempting them from exactly that liability.

  58. On its face, what he did was legal by davidwr · · Score: 1

    On its face, he sold web-gambling software to foreign customers for use outside the United States.

    Putting on my "If I was the juror" hat, the key to conviction would be how aware was he that his customers were taking bets from people in New York State, and if he was aware, was his not firing that customer gross negligence or actual co-conspiracy?

    Unless there is a specific law that I am unaware of, it's perfectly legal for Americans to write computer code for foreign companies, even the use of that code by the customer for its intended purpose would be illegal if the company or its customers were in the United States. As a trivial example, I can create software for use in automobile engines that specifically allows pollution levels that are illegal in the United States then sell that software to car companies abroad for use in cars that will not be imported to America.

    However, if I knowingly and actively help one of my customers fool EPA testing by detecting that the car is being used in what looks like an EPA test, it goes into "America mode" so it passes the test (with perhaps a loss in performance), then I'm a co-conspirator and I should expect to be arrested, charged, and convicted as soon as the feds wise up to what's going on.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  59. Re:No by Synerg1y · · Score: 1

    I almost stopped reading the wiki when I read "Bush", this is typical Bush era BS law. This type of thing should have never been up for discussion much less law, once there's a law, it needs to be voted on every now and then, etc..., etc... it should be a basic manufacturer right. Good example with tobacco though, but there's some key differences, the laws around tobacco involved adding a warning, not marketing to kids in magazines, TV, etc..., and a higher tax if I recall, there was no actual restriction on how they operate, just negative stigma put around them to make buying cigs more of a pain in the ass, guns are already a pain in the ass to buy: I've never seen ads & you're requires to pass a stringent background check. Blaming a gun maker for their guns killing people = blaming the cigarette companies for lung cancer. The cigarette companies did get ruffled pretty good though: Can I sue big tobacco? , I think that most of this occurred because of the lack of warning on boxes / the cig companies not disclosing the health risks... you'd have to be stupid to not understand the pros/cons of guns, but I guess it is within consumer rage's legal reach to sue a gun company for something.

  60. Re:Kill all the authoritarians by jedidiah · · Score: 1

    No. You are just ignoring the fact that our Talibani are relatively harmless at present. They don't seem so dangerous because they haven't had much chance to run amok. Given them free reign and it wouldn't be any better than a full on Islamic state.

    Our Zealots seem relatively harmless precisely because we have a relatively secular state at this point.

    You only see their true nature in little bits and pieces like when Tea Bagger senate candidates manage to get too chatty.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  61. Re:Kill all the authoritarians by tqk · · Score: 1

    Turned into a bully? It enforces the law, if that's what you mean.

    Hah. Currently, your precious Constitution is considered to be toilet paper (or little more than a speed bump) by your government, which is what your Founding Fathers warned you all about three centuries ago. Right?

    Watching you guys these days is like watching a train wreck in super-slow-mo.

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  62. Re:No by Myopic · · Score: 1

    You almost stopped reading after you read "Bush"? So, then, you make it all the way through my comment, which didn't mention Bush?

    Anyway, at least we mostly agree on this:

    "Blaming a gun maker for their guns killing people = blaming the cigarette companies for lung cancer."

    Yes, those aren't exactly equivalent, but they are very similar, and courts did in fact blame cigarette companies for [some] lung cancer. To the extent that tobacco companies knew their products caused losses and failed to disclose, they were responsible for those losses. This was not a new legal theory invented for tobacco lawsuits, that's how it works for every product in the world -- except for guns, because they were exempted.

  63. Re:No by Myopic · · Score: 1

    If they provide cars or alcohol to a person knowing that that person will drive drunk, then yes of course they are. It's hard to imagine how Budweiser could know at the time they distribute the alcohol, but it's pretty easy to see how a bartender might know. It's hard to imagine how Ford could know at the time they sell the car, but it's pretty easy to see how a friend might know when loaning out his keys. Bartenders and friends have been prosecuted successfully for a long time now.

    If you know (or should have known), they you are complicit in a crime. The prosecution has the burden of showing that you knew, as the prosecution in this case will have the burden to show that the defendant knew his software would be used in New York. If they can do that, then he is guilty.

  64. Re:Kill all the authoritarians by Myopic · · Score: 1

    Yeah, again, wireless wiretapping is extremely popular among Americans, and is also (now) sanctioned by law. I don't endorse it, but it is what it is. In a democracy voters get the government they demand, and time after time they (we) demand a government which is dysfunctional and violates common decency. Is that "bullying"? Maybe, but it's voters bullying themselves so it's hard to get too bent out of shape about it.

    It's really easy for us to laugh off petty insults from other countries; it's like the jester teasing the king. Call us back when you have enough political power for us to appoint an ambassador who isn't a big campaign donor.

  65. Glad I declined to do that project by cerberusti · · Score: 1

    Reading this article is kind of wild... I was approached to do a very similar project at around the time he would have written this software.

    I refused it.

    That decision cost me at the time. I nearly lost my job over it, annoyed everyone involved, and the company lost what had been a fairly profitable client (who referred it to us, and looked bad when I rejected it.)

    He may not have known that he was likely to get into trouble over it, but that means he was not duly diligent. If I recall correctly the arguments against my stance that this was not legal were as follows:

    1) Advertisements were running on TV for this type of gambling (I produced a letter the DOJ was circulating to advertisers at the time stating in no uncertain terms that they consider it illegal.)
    2) It was not a US company, and it was ok to write it for them since they are not bound by US law (I argued that I am a US citizen, and am subject to US law regardless.)
    3) The company would get into trouble, not me personally (I argued that this was possibly criminal, and they could pierce the veil over it.)
    4) It was not my job to decide this, and I should basically just shut up and do it... or there would be consequences.

    Everyone was very pushy about this. The direct payment would have been large, and it came with some ownership (likely a very substantial amount of money.) When I refused I got into a very serious argument with my boss.

    This lasted about a week, and included having to join a couple of conference calls where I was yelled at for not being a team player, was told I was sabotaging the company, and that maybe I was not worth having around after all. I was also told that they would provide a poor reference if asked, and would make sure I lost the referring client (who I did lose over it.)

    I still calmly refused, and eventually ended the conversations with "At the end of the day I either write this software or not. I will not, and you are now wasting your time in trying to change my mind."

    I qualified my refusal with the conditions under which I would write it: which included either a license by a US based gaming commission which I believed covered what they wanted to do, or a letter of opinion from the DOJ that this did not violate the law. Neither of these applied, and so my refusal stood.

    I am now very glad I decided not to do that project.

    Currently I work as a CTO (obviously not at that company.) Product development is under my control, and a non-trivial part of the job is to consider the legal implications of what we do (legal usually reports to the CTO for a reason.)

    Liability in software is the same as it is in any other industry, despite the fact that overhead is lower than most. If you produce a product you specifically know will be used for illegal purposes you can very much be held liable (in that case allowing US citizens to place bets on sporting events over the internet.)

    If the primary use is legal and you make some effort to curtail illegal activity, it is generally not an issue. In this case he either knew or should have known that the primary use was not legal. His case is weak, and it likely would be better for him personally to take the plea bargain.

    --
    I'm a signature virus. Please copy me to your signature so I can replicate.
  66. Re:No by Cederic · · Score: 1

    bombing for peace is like fucking for virginity

    It is indeed. Drop enough bombs and everybody's dead. Instant peace.

    When people fuck, the outcome on a population scale is a supply of virgins.

    And we *A-L-L* want to live in peace!

    I don't. Wars cause great photography.

  67. Re:No by Sir_Sri · · Score: 1

    The EU drug companies that were selling the stuff to the US that was being used for executions got in trouble for it. You are responsible for what you agree to let the other party do with what you sell them.

    China made a big deal about buying their aircraft carrier as some sort of tourist attraction/scrap/whatever that wasn't really to be an aircraft carrier. And now its an aircraft carrier. They went to that stink precisely because the company selling to them wouldn't have been allowed to do so if it was to be used as an aircraft carrier.

  68. Re:Kill all the authoritarians by tqk · · Score: 1

    time after time they (we) demand a government which is dysfunctional and violates common decency. Is that "bullying"? Maybe, but it's voters bullying each other ...

    FTFY. You're running on empty, digesting your own flesh to remain breathing. Your ribs are starting to show.

    It's really easy for us to laugh off petty insults from other countries; it's like the jester teasing the king. Call us back when you have enough political power for us to appoint an ambassador who isn't a big campaign donor.

    Keep him. We've no need for him. We've already got USTR Kirk screaming pathetic insults about us for no good reason, at the behest of your MafiAA. I don't have any need to see anyone immolate themself as the US is doing these days.

    By the way, this isn't intended to be insulting. I'm just trying to report what I perceive looking in from outside. I used to admire the US and all it stood for. I'm sorry to see this happening to you in my lifetime.

    Enjoy the ride, all the way down.

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  69. Re: RTFA! He had no knowledge of illegal use by almechist · · Score: 1

    If you actually read the article, you would see that he is claiming zero knowledge of any illegal use of his software in NY State or anywhere else. All of his sales were to clients not based in the USA, and furthermore he claims that he carefully checked to insure all his clients were legitimately operating in areas where such gambling is perfectly legal. Supposedly the software is not even usually sold directly to the entities taking bets, it's more of a middleman situation where clients running his software would in turn provide services to actual bookmaking/gambling operations - and that may be how he got into trouble, because he would have no way of knowing if his clients were in turn offering services to illegal operations. Of course, it's possible he knew all along who the final users were going to be, and if the prosecution can prove this he will likely be found guilty and rightfully so, but it doesn't sound like they are trying to make that case. If you believe this guy is telling the truth, it really does seem like a case where he is being held accountable for what other people did with his code without his knowledge. The interesting angle is that he was only charged after he refused to install secret backdoor code at the behest of the FBI, who wanted him to secretly record the names and addresses of all the gamblers ultimately placing bets processed with his software. If true, that is rather chilling indeed. Given that virtually all software can be used to facilitate criminal acts of one kind or another, who knows how many software writers have caved in to similar demands and already installed precisely this kind of secret backdoor code?

  70. Re:Kill all the authoritarians by Myopic · · Score: 1

    As our cross-pond spitting session closes I'd just like to say that I don't want you to take my insults seriously. Very few nations deserve heartfelt ridicule and I bet yours is not one of them. Sure, America is currently the biggest superpower but that doesn't mean we dislike foreigners or foreign nations. I enjoy sparring about international power and on you I used some hollow and unoriginal insults.

    Personally I think America will continue to be the world's superpower for the rest of my natural lifetime, which should be forty or fifty more years. Things change and I expect that somehow we will solve our problems just like Europe will somehow solve theirs and China will probably have to deal with a bunch of problems that don't seem obvious now. So I don't think we're on our way down, but if we are then so be it, it's not like we do a stellar job running the world as it is.

  71. Better yet... by DirtyLiar · · Score: 1

    Why not sue the government for enabeling TAX FRAUD?!

    Without tax laws, there could be no tax fraud.

    --

    THINK! It's patriotic

  72. Re:Kill all the authoritarians by Lord+Kano · · Score: 1

    No. You are just ignoring the fact that our Talibani are relatively harmless at present.

    Please, enough with the hyperbole. Even our most disgusting Fred Phelps-types have never been out there beheading people for non-belief.

    Our Zealots seem relatively harmless precisely because we have a relatively secular state at this point.

    A nation where secular humanists have to pretend to be Christians in order to get elected?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano