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I think jakozaur is correct, and don't know why they're being downvoted. Here is the legal statute they are referencing: Art. 254a. Disruption of a networ

I think jakozaur is correct, and don't know why they're being downvoted. Here is the legal statute they are referencing: Art. 254a. Disruption of a network; damage. Anyone who takes, destroys, damages or renders unfit for use an element of a water supply, sewage, heating, electricity, gas or telecommunications network, or a railway, tramway, trolley bus or metro line, thereby causing a disturbance in the operation of all or part of such network or line, is liable to imprisonment for six months to eight years. Source: https://supertrans2014.files.wordpress.com/2014/06/the-criminal-code.pdf https://supertrans2014.files.wordpress.com/2014/06/the-crimi... page 32 I certainly think that this malware meets the criteria set forth in that law: "renders unfit for use an element of ... a railway ... , thereby causing a disturbance in the operation of all or part of such network or line". Seems pretty cut & dry to me. I hope some people face real jail time for this. As another comment mentioned, it will probably be a "fall guy" (perhaps a middle manager) but that will still deter future managers from authorizing such fraud, even if the orders come from above. Future managers might reject such orders since it's not worth jail time.

mike_hock 3y ago
Deter middle managers from what? Implementing shady business practices that skirt the edge of legality? That's day-to-day business, the only way to avoid that would be to quit. Sure, no one would commit this exact offense again, but (a) the practice will (would, if any conviction actually happens, big if) be changed just enough to make it legally ambiguous again, and (b) the law would probably be changed to make it legal.
- upwardbound 3y ago
  There's a third option, which is: to not quit, but fight back against legal-but-immoral practices from within the corporation. Have you seen The Incredibles (pixar film). This scene is exactly what I'm talking about: https://www.youtube.com/watch?v=O_VMXa9k5KU https://www.youtube.com/watch?v=O_VMXa9k5KU
  - mike_hock 3y ago
    Yes, you might get the odd Schindler every now and then who tries to do just that, but most are probably in it for the money and not to fight some uphill battle.
    - upwardbound 3y ago
      https://en.wikipedia.org/wiki/Oskar_Schindler https://en.wikipedia.org/wiki/Oskar_Schindler
sdfhbdf 3y ago
As a person very familiar with Polish legal system and code I would be far from saying it's a cut & dry case. What we have in this case is a company doing something that is wrong, not an individual. To sentence somebody with the statute you and the parent are referring to you need to have a case against an individual, not a company. Secondly, except for this specific statute you have to take into consideration the general rules of the penal code (Zasady odpowiedzialności karnej) and in this case you have to assign blame, find out that the intent, the knowledge of what they were doing etc. In general, in best case this will be a breach of contract, a civil case, there probably won't be jail time. Don't get your hopes up. Don't get me wrong, what they did is nefarious, but at the same time I don't think there should be Jail time, just huge fines and some scrutiny (maybe NIK, ABW, CBA etc. - other polish three later agencies) on Newag, maybe barring them from some future deals. Source: I might be a lawyer...

mike_hock 3y ago

Deter middle managers from what? Implementing shady business practices that skirt the edge of legality? That's day-to-day business, the only way to avoid that would be to quit. Sure, no one would commit this exact offense again, but (a) the practice will (would, if any conviction actually happens, big if) be changed just enough to make it legally ambiguous again, and (b) the law would probably be changed to make it legal.

upwardbound 3y ago
There's a third option, which is: to not quit, but fight back against legal-but-immoral practices from within the corporation. Have you seen The Incredibles (pixar film). This scene is exactly what I'm talking about: https://www.youtube.com/watch?v=O_VMXa9k5KU https://www.youtube.com/watch?v=O_VMXa9k5KU
- mike_hock 3y ago
  Yes, you might get the odd Schindler every now and then who tries to do just that, but most are probably in it for the money and not to fight some uphill battle.
  - upwardbound 3y ago
    https://en.wikipedia.org/wiki/Oskar_Schindler https://en.wikipedia.org/wiki/Oskar_Schindler

sdfhbdf 3y ago

As a person very familiar with Polish legal system and code I would be far from saying it's a cut & dry case. What we have in this case is a company doing something that is wrong, not an individual. To sentence somebody with the statute you and the parent are referring to you need to have a case against an individual, not a company. Secondly, except for this specific statute you have to take into consideration the general rules of the penal code (Zasady odpowiedzialności karnej) and in this case you have to assign blame, find out that the intent, the knowledge of what they were doing etc. In general, in best case this will be a breach of contract, a civil case, there probably won't be jail time. Don't get your hopes up. Don't get me wrong, what they did is nefarious, but at the same time I don't think there should be Jail time, just huge fines and some scrutiny (maybe NIK, ABW, CBA etc. - other polish three later agencies) on Newag, maybe barring them from some future deals. Source: I might be a lawyer...