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If your code is used in an exploit and that is now a punishable crime, maybe next the NSA will be in the hot seat since the code that was used in wanacry was th
by devhead 9y ago
If your code is used in an exploit and that is now a punishable crime, maybe next the NSA will be in the hot seat since the code that was used in wanacry was their own. Or perhaps Israel for their effort in Stuxnet.
I hope he takes it to trial and we find out what is really happening here. Pretty suspicious that this happens years after the fact and only weeks after he helped prevent the further spread of wannaCry. WannaCry being created on top of the leaked NSA exploits they held on to instead of responsibly disclosing to Microsoft.
- pyroinferno 9y agoYes, take this for an example, if someone were to deliberately sell firearms to someone that they knew would attempt to murder someone with their firearm, do you think they should be partially liable for the murder?
- watty 9y agoFirearms are legal. If you create an illegal firearm (banking trojan), and did the same, yes - you'd be partially liable.
- comicjk 9y agoYes, the seller would legally be an accessory to the murder, having had knowledge that the crime would be committed and having helped the murderer commit it. https://en.wikipedia.org/wiki/Accessory_(legal_term) https://en.wikipedia.org/wiki/Accessory_(legal_term)
- meowface 9y agoThen shouldn't Hutchins legally be an accessory to uses of the malware to steal money, surveil unsuspecting victims, etc. if it is true that he knowingly sold it to people who do such things?
- comicjk 9y agoHe might be able to get out of it by arguing that he didn't know about any particular crime they would commit, or that he thought they had good faith reasons to buy the software despite being criminals in general. I think this hinges on exactly what he knew.
- meowface 9y agoYes, absolutely. The burden is on the government to prove he knew who he was selling it to and that he knew what they were very likely going to use it for.
- syshum 9y agoNo.
- KGIII 9y agoI'm a pretty big fan of firearms. I disagree. If you had knowledge before hand, of the crime, and a reasonable expectation, you are culpable, to some percentage. The law usually agrees with me, if that helps.
- syshum 9y agoI does not, the vast majority of the law I disagree with See I can not support the concept of 3rd party lability. I should only ever be responsible for my actions, not the actions of others, and I have no responsibility or obligation to stop any crime.
- mdpopescu 9y agoI wish there was a way to flag a user as "favorite"... so far I agree with all your comments on this page :)
- josefx 9y ago> and I have no responsibility or obligation to stop any crime. You don't have to ask someone if he wants to commit a crime, so that is not the problem. It is when someone explicitly asks for your help in commiting a crime and you think to yourself "yes I want to be complicit in this" that lands you in legal trouble. If someone asks you for a handgun to kill someone you don't have to stop him, you just aren't allowed to aid him. I really don't understand how you people seem to be under the impression that not going out of your way to help criminals takes more effort than not. I am more under the impression that you would pull the trigger on your on grandmother if it made you money, since it is not you but the blodloss that finally does her in - degrees of seperation and all that.
- syshum 9y agoGenerally I oppose these types of laws because they are never used for the rare cases where Joe says John "hey John hand me your handgun so I can kill my wife" Instead most often these types of laws are used to prosecute people under a "should have known" scenario. Examples of real situations of 3rd party liability that have been used to send people to prison 1. Jim takes a friend to a bank, the friend goes in and robs the bank. Jim though the friend was just withdrawing some money from his account but Jim is arrested and convicted of aiding his friend in the robbery 2. Jane does not have a license, a police officer attempts to stop Jane, Jane panics and runs from the police. The Police officer runs through a red light while in pursuit and kills a bystander, Jane is charged with murder.
- devhead 9y agolets take away the feelings by saying... if someone were to deliberately sell a pair of shoes to someone that they new would attempt to j-walk with their shoes, do you think they should be partially liable for the j-walking? > no.