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I don't understand why this post has to put "Chinese" in the title?! If the dev was United States citizen, would you rename the title to American dev jailed? Ab
by devy 7y ago
I don't understand why this post has to put "Chinese" in the title?! If the dev was United States citizen, would you rename the title to American dev jailed? Absurdity!
- bdcravens 7y agoThe developer was prosecuted in China. HN guidelines also indicate the title should be unchanged from the original most of the time.
- jldugger 7y ago> If the dev was United States citizen, would you rename the title to American dev jailed The only reason I can think of to not mention the nation that jailed someone for accidentally leaking their employers keys would be because the default assumption would be they are an American. This wasn't a hack, there was no criminal intent. I think most people assume that the worst consequence for an accident like this is losing your job. The absurdity here is being fined, jailed, and receiving a criminal record.
- lkj 7y agoAlso note the hints at the original in the URL: "dji_dev_jailed_fined_leaking_aes_ssl_keys_github" The Register decided that adding the nationality was good for clicks. :(
- mattnewton 7y agoThe fact that the developer was prosecuted under Chinese law is important to an audience of developers who want to know what precedent it sets for their own work.
- devy 7y agoSharing private information public either intentional or unintentional that leak customer data and weaken the software security is illegal in any country as far as I know.
- mattnewton 7y agoHe claims it was a mistake. Checking in private keys is a fairly common mistake and seems analogous here. https://m.slashdot.org/story/181081 https://m.slashdot.org/story/181081
- deleted 7y ago[deleted]
- mattnewton 7y agoI would be really alarmed if this happened in America, as an American developer myself. I obviously wouldn’t think a mistake like this should be criminal.
- lostphilosopher 7y agoHN "post" - Because that's the HN guideline. > "Otherwise please use the original title, unless it is misleading or linkbait; don't editorialize." - https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html Register "post" - The Register is not a Chinese publication. The nation/legal system involved can't be assumed from the source, and is a vital part of the story since it's about a legal matter. > "the Shenzhen Municipal People's Procuratorate – the local version of the Crown Prosecution Service – successfully prosecuted the developer in early April, before the Shenzhen District Court." Had The Register _not_ included "Chinese" it could have been accused of "click baiting" since the Register's predominantly non Chinese[1] readership might have thought this was about laws that applied to them and clicked through. Had the source been a Chinese publication writing about a American developer jailed, I'd imagine they would use "American dev jailed..." for exactly the same reasons. 1. "The Register is a leading global online tech publication, with more than nine million monthly unique browsers worldwide. The core audiences are the UK and US, accounting for more than six million. The bulk of the remaining readership are located in Canada, Australia and northern Europe." - https://www.theregister.co.uk/Profile/about_the_register/ https://www.theregister.co.uk/Profile/about_the_register/
- devy 7y ago> HN "post" - Because that's the HN guideline. I understand HN guideline here. I am talking about the Guardian's post. Leaking private information to the public even unintentionally , that compromise the security of software and may cause public harm is illegal no matter which country you go. So the nationality of the one who leaked it is irrelevant as far as I am concerned.
- Canada 7y agoGenerally it isn't illegal under any system based on common law. A necessary component a crime is mens rea, which is the intention or knowledge of the wrongful act. The act alone, even if it is illegal doesn't constitute a crime. By this principle it's not a crime for a delvery man to be in posession of contraband that he has no knowledge of. This isn't to be confused with not knowing something is illegal. That's no defense. It's about knowing or not knowing the consequences of your action. That said there are lesser offences, misdemenors or summary offences, where mens rea is not required. They usually have fines but also can have limited jail time. For example, you can be punished for speeding and whether you knew you were doing it or not is irrelevent. What's unclear in this case is whether the developer knew or ought to have known there were secrets in the code, or that his push was to a public place. It's also unclear, at least to me, whether Chinese law requires mens rea.