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Morning Legal Briefs

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6 Replies. 1 pages. Viewing page 1.
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6. Re: Morning Legal Briefs Jan 14, 2013, 20:13 xXBatmanXx
 
Beamer wrote on Jan 14, 2013, 15:36:
jdreyer wrote on Jan 14, 2013, 15:33:
This is exactly what I was talking about the other day with Anon petitioning the WH for use of DDoS as a protest tool:
- Chain yourself to the door of Walmart and block people from shopping for a few hours = arrest and a day or so in jail.
- DDOS a site and block people from shopping for a few hours = arrest and FIVE YEARS in jail.

My general feeling is that we've become too much of a prison-oriented society in the US. When the laws for classic crimes (burglary, theft, etc.) were revised 50-100 years ago, they were harsh but reasonable: you can get 10 years for manslaughter or 5 years for assault, etc. But when cyber crime laws were written 10-15 years ago, we were so much about throwing people into jail (3 strikes laws, etc.) that the laws don't really fit the crimes. Lobbyists were able to push through much stricter penalties than should have been necessary to deter aberrant behavior: $5000 per illegal song downloaded, 5 years jail for a DDoS attack, 35 years jail for DL-ing JSTOR and throwing it on the web.

These laws really out of balance and need to be challenged under the eight amendment of the Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

You can't compare locking people out of one Walmart to locking people out of Walmart.com. Walmart.com's sales dwarf any individual store. Plus there's more of a trickle.

On top of that - it takes EFFORT to protest in real life. Protesting from your computer is a joke, lazy, and should severly punished. It falls under the interstate cyper crime laws. Federal, not local.
 
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5. Re: Morning Legal Briefs Jan 14, 2013, 17:58 Julio
 
Ozmodan wrote on Jan 14, 2013, 14:46:
Well what he did was wrong, but the prosecutors were talking 40 years in jail.

I can see why the guy offed himself, 40 years of man-love in prison is 40 years too many.
 
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4. Re: Morning Legal Briefs Jan 14, 2013, 16:26 jdreyer
 
Beamer wrote on Jan 14, 2013, 15:36:
You can't compare locking people out of one Walmart to locking people out of Walmart.com. Walmart.com's sales dwarf any individual store. Plus there's more of a trickle.

Point taken. Do you think that the punishment should be hundreds of times greater? What do you think about the punishments for cyber crimes vs. crime in general?
 
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3. Re: Morning Legal Briefs Jan 14, 2013, 15:36 Beamer
 
jdreyer wrote on Jan 14, 2013, 15:33:
This is exactly what I was talking about the other day with Anon petitioning the WH for use of DDoS as a protest tool:
- Chain yourself to the door of Walmart and block people from shopping for a few hours = arrest and a day or so in jail.
- DDOS a site and block people from shopping for a few hours = arrest and FIVE YEARS in jail.

My general feeling is that we've become too much of a prison-oriented society in the US. When the laws for classic crimes (burglary, theft, etc.) were revised 50-100 years ago, they were harsh but reasonable: you can get 10 years for manslaughter or 5 years for assault, etc. But when cyber crime laws were written 10-15 years ago, we were so much about throwing people into jail (3 strikes laws, etc.) that the laws don't really fit the crimes. Lobbyists were able to push through much stricter penalties than should have been necessary to deter aberrant behavior: $5000 per illegal song downloaded, 5 years jail for a DDoS attack, 35 years jail for DL-ing JSTOR and throwing it on the web.

These laws really out of balance and need to be challenged under the eight amendment of the Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

You can't compare locking people out of one Walmart to locking people out of Walmart.com. Walmart.com's sales dwarf any individual store. Plus there's more of a trickle.
 
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2. Re: Morning Legal Briefs Jan 14, 2013, 15:33 jdreyer
 
This is exactly what I was talking about the other day with Anon petitioning the WH for use of DDoS as a protest tool:
- Chain yourself to the door of Walmart and block people from shopping for a few hours = arrest and a day or so in jail.
- DDOS a site and block people from shopping for a few hours = arrest and FIVE YEARS in jail.

My general feeling is that we've become too much of a prison-oriented society in the US. When the laws for classic crimes (burglary, theft, etc.) were revised 50-100 years ago, they were harsh but reasonable: you can get 10 years for manslaughter or 5 years for assault, etc. But when cyber crime laws were written 10-15 years ago, we were so much about throwing people into jail (3 strikes laws, etc.) that the laws don't really fit the crimes. Lobbyists were able to push through much stricter penalties than should have been necessary to deter aberrant behavior: $5000 per illegal song downloaded, 5 years jail for a DDoS attack, 35 years jail for DL-ing JSTOR and throwing it on the web.

These laws really out of balance and need to be challenged under the eight amendment of the Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
 
Avatar 22024
 
"It's just a bunch of mystic bovine scatology to me." - 1badmf
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1. Re: Morning Legal Briefs Jan 14, 2013, 14:46 Ozmodan
 
Well what he did was wrong, but the prosecutors were talking 40 years in jail. That is absurd, someone needs to knock some sense into those idiots. That would have been a travesty of justice in a major way.  
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