6 ms·

Someone asking for your help in hacking a DoD network doesn't seem like jay-walking.

by sigmar 8y ago

ryanlol 8y ago
But they didn’t hack into the DoD network. Manning had already leaked everything by the time this happened. Assange didn’t succesfully crack the hash, it’s questionable if he even did anything with it. At best his crime is agreeing to help hack into the DoD network, not actually doing anything in furtherance of that. That’s a ridiculous thing to prosecute someone for.
- jcranmer 8y ago
  On the other hand, if the alleged facts are true, it does suggest mens rea: Assange wasn't a mere vehicle for reporting information (which would entitle him to free press defense), but he was actively soliciting the crime of leaking confidential information.
- sigmar 8y ago
  Manning was definitely still leaking while talking to Assange.[1] and there is no public information about whether or not Assange cracked the hashes (only that he offered to). [1] https://twitter.com/pwnallthethings/status/1063479777632374784 https://twitter.com/pwnallthethings/status/10634797776323747...
  - ryanlol 8y ago
    Okay, it seems like Manning was uploading the leak to WL when this happened. Did Manning provide any new data after this conversation?
- belltaco 8y ago
  >Assange didn’t succesfully crack the hash, it’s questionable if he even did anything with it. So if someone tried to break into your home and failed, that means they never committed a crime? >At best his crime is agreeing to help hack into the DoD network, not actually doing anything in furtherance of that. That's why the maximum sentence is only 5 years.
  - ryanlol 8y ago
    >So if someone tried to break into your home and failed, that means they never committed a crime? If someone acquired the same lock as me, tried to pick it in the privacy of their own home and never actually broke into my home I would sure hope that they wouldn't face criminal charges. >That's why the maximum sentence is only 5 years. 10 for what he's being charged with, no? I could very well be wrong here, but I thought that's what the 1030(a)(1) carries.
    - belltaco 8y ago
      >If someone acquired the same lock as me, tried to pick it in the privacy of their own home and never actually broke into my home I would sure hope that they wouldn't face criminal charges. Acquiring the same lock is bad phrasing, since the same model has different keys. So what you're implying is that people who go around cloning locks to crack them at home, and generate keys, with the intent to break into homes or military installations, have committed no crime?
      - ryanlol 8y ago
        >So what you're implying is that people who go around cloning locks to crack them at home, and generate keys, with the intent to break into homes or military installations, have committed no crime? Of course not (although it wouldn’t be a crime where I’m from until you actually try to break in somewhere). I’m only implying that this shouldn’t be a crime, not until you actually try to do the deed.

Someone asking for your help in hacking a DoD network doesn't seem like jay-walking.

by sigmar 8y ago

Someone asking for your help in hacking a DoD network doesn't seem like jay-walking.

But they didn’t hack into the DoD network. Manning had already leaked everything by the time this happened. Assange didn’t succesfully crack the hash, it’s questionable if he even did anything with it. At best his crime is agreeing to help hack into the DoD network, not actually doing anything in furtherance of that. That’s a ridiculous thing to prosecute someone for.

jcranmer 8y ago
On the other hand, if the alleged facts are true, it does suggest mens rea: Assange wasn't a mere vehicle for reporting information (which would entitle him to free press defense), but he was actively soliciting the crime of leaking confidential information.
sigmar 8y ago
Manning was definitely still leaking while talking to Assange.[1] and there is no public information about whether or not Assange cracked the hashes (only that he offered to). [1] https://twitter.com/pwnallthethings/status/1063479777632374784 https://twitter.com/pwnallthethings/status/10634797776323747...
- ryanlol 8y ago
  Okay, it seems like Manning was uploading the leak to WL when this happened. Did Manning provide any new data after this conversation?
belltaco 8y ago
>Assange didn’t succesfully crack the hash, it’s questionable if he even did anything with it. So if someone tried to break into your home and failed, that means they never committed a crime? >At best his crime is agreeing to help hack into the DoD network, not actually doing anything in furtherance of that. That's why the maximum sentence is only 5 years.
- ryanlol 8y ago
  >So if someone tried to break into your home and failed, that means they never committed a crime? If someone acquired the same lock as me, tried to pick it in the privacy of their own home and never actually broke into my home I would sure hope that they wouldn't face criminal charges. >That's why the maximum sentence is only 5 years. 10 for what he's being charged with, no? I could very well be wrong here, but I thought that's what the 1030(a)(1) carries.
  - belltaco 8y ago
    >If someone acquired the same lock as me, tried to pick it in the privacy of their own home and never actually broke into my home I would sure hope that they wouldn't face criminal charges. Acquiring the same lock is bad phrasing, since the same model has different keys. So what you're implying is that people who go around cloning locks to crack them at home, and generate keys, with the intent to break into homes or military installations, have committed no crime?
    - ryanlol 8y ago
      >So what you're implying is that people who go around cloning locks to crack them at home, and generate keys, with the intent to break into homes or military installations, have committed no crime? Of course not (although it wouldn’t be a crime where I’m from until you actually try to break in somewhere). I’m only implying that this shouldn’t be a crime, not until you actually try to do the deed.