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Lawmakers Say CFAA Is Too Hard On Hackers

Posted by samzenpus on from the won't-somebody-please-think-of-the-hackers? dept.

GovTechGuy writes "A number of lawmakers are using the death of Internet activist Aaron Swartz to speak out against the Justice Department's handling of the case, and application of the Computer Fraud and Abuse Act. The controversy surrounding the Swartz case could finally give activists the momentum they need to halt the steady increase in penalties for even minor computer crimes."

7 of 154 comments (clear)

  1. Their Fear is the problem by sensationull · · Score: 5, Insightful

    The main problem is that the law makers still have no clue about computers or technology in general. They hear 'hacker' and think that every kid with a computer in their room can launch a nuclear attack. This is why they try to execute anyone who knows more than them. Their narrow minded fear.

    1. Re:Their Fear is the problem by Charliemopps · · Score: 5, Insightful

      No they don't. They open their freezer to get some ice for their scotch, see a fat wad of cash wrapped in a zip-lock bag, smile to themselves, and then make a note to call the RIAA in the morning to confirm their support for the upcoming legislation. Your government is completely bought and paid for... by Corporations, Trade groups, Unions, special interest groups... etc... they only way to change this is to get the hackers together, hire their own lobbyist and start paying off the government just like everyone else. And no, I'm not kidding.

    2. Re:Their Fear is the problem by Runaway1956 · · Score: 5, Insightful

      Oh, my! "Get the hackers together". Good luck with that. We gots white hats, we gots black hats, we gots grays in various shades - I'll bet if I were to go looking, I could find some fruitcake rainbow hats hiding in their closets. We have so many different motivations for "hacking". We have so many categories of ethics involved. Hackers getting together? Hell, man, even WHITE HAT hackers flirt with existing law, and need to keep their identities secret.

      So, who you gonna call? Hack Busters? Hmmmm - I think I have Hack Busters site here somewhere - - - https://www.eff.org/

      No need to reinvent the wheel. Let's just maybe redesign it, fund it, and put it on the road. What we need are sane internet laws, and the EFF is in pursuit of that goal already. They may not represent "hackers" specifically, but they are in a position to attract various sorts of hackers.

      It would be great if only ten or fifteen percent of "hackers" were to join the EFF, and send small donations. At the same time, they need to make their voices heard, and explain why they are joining. "I'm a part time hacker, and some of the laws scare the shit out of me!" It matters little if the hacker just reverse engineers games for his own use, or he's pen-testing networks without authorization. They are still hackers, and they need protection from draconian nonsense laws.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  2. Charges against Ortiz? by Anonymous Coward · · Score: 5, Insightful

    So when will we see charges pressed against Carmen M. Ortiz? There has to be some law which covers harassing someone to the point of suicide.

  3. Re:Still missing the point a bit? by Sique · · Score: 5, Insightful

    If this were a Chinese-American hacker stealing schematics from Raytheon we'd all be happy to see the harshest threats/penalties applied. The issue here was bullying at the DOJ. You can't fix that with a few tweaks to the law, and if you lower maximum penalties you will find yourself regretting it when someone actually does do something worthy of those maximum penalties.

    But then he gets not prosecuted for stealing scientific articles, but for transmitting weapon secrets to foreign powers -- independently of the means to get his hands on said documents. Your argument seems to be that we need to have harsh penalties for wielding a knife, because someone may stab a person with a dagger.

    --
    .sig: Sique *sigh*
  4. Re:Why... by Sique · · Score: 5, Insightful

    He violated Terms of Service of JSTOR. And he took responsibility for it (by handing over his HD to JSTOR and admitting what he did). Everything else is overboarding prosecution and trying to boost one's career at the expense of someone vulnerable.

    --
    .sig: Sique *sigh*
  5. Do what the Chinese government does: fight dirty by benjfowler · · Score: 5, Insightful

    Even since Operation Sundevil, the US has had this COMPLETELY counterproductive policy of hounding talented crackers out of existence, rather than nurturing their talent. Utterly stupid, IMHO, and frankly, the people responsible for creating and enforcing this stupid policy should be ashamed of themselves.

    The Chinese have this 'thousand grains of sand' thing they do, where they nurture a huge and thriving computer underground (rather than turning them all in involuntary organ donors as they would). They're sent out to smash and grab everything they can from the West, where anything garnered is processed through a specially designed intelligence gathering system, where useful material is routed to local companies and government decision makers.

    Granted, the Chinese Communist Party has no morals, but we are in the world we live in, and we have to do the same to compete. I guarantee that if I had any kind of policy input anywhere, I'd be doing exactly this.

    At the end of the day, we have a choice: we can either fight with all the tools in our arsenal and shape the world in the West's image -- a relatively peaceful prosperous and moral place. Or we can let the Chinese Communist Party turn it into a quasi-criminal dictatorial dystopia. It's really our choice. In any case, it's the height of suicidal stupidity to fight our enemies with our hands tied behind our backs.