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> If you want to rob a bank, and you come and ask me to be the getaway driver, we're both going to hang. It doesn't matter who had the idea for the crime, what
by akira2501 2y ago
> If you want to rob a bank, and you come and ask me to be the getaway driver, we're both going to hang. It doesn't matter who had the idea for the crime, what matters is that he materially assisted in carrying it out.
Flawed analogy.
He didn't help them rob the bank. They asked "what is a good way to get away from a bank robbery." He answered "here are some ideas that have worked in past bank robberies."
And it's not a false dichotomy. The law considers mens rea to be a very important factor. The law isn't a black and white application of imputed standards to our social order. You can tell this because we allow juries to decide what happens in them.
- vkou 2y agoJuries are finders of fact, not finders or interpreters of law. Judges interpret law, and give juries specific instructions for which facts to make a determination on. In the case of computer crime, the law treats 'getting away with it' as more or less the same act as doing it. Exfiltrating data and covering your tracks is all under the umbrella of unauthorized use of a computer system. Knowingly consulting for a particular instance of it makes you part of the conspiracy.