3 ms·
Perhaps we need a bifurcation of US computer law to divide malicious hacking from more benign misuse like this case. It seems a bit absurd that a major bank hac
by BWStearns 13y ago
Perhaps we need a bifurcation of US computer law to divide malicious hacking from more benign misuse like this case. It seems a bit absurd that a major bank hack should be prosecuted under the same law as unauthorized webscraping. Perhaps a civil misuse akin to a speeding ticket is necessary for the internet (though this clearly brings its own questionable enforcement questions).
- pc86 13y agoEverybody speeds. Not everybody even accesses Craigslist (eg) let alone accesses Craigslist after receiving explicit instruction they are no longer permitted to. I agree there should be a differentiation, but how? Hacking into BAML trying to steal money is obviously and should be a felony with harsh punishment. Scraping Craigslist is probably more benign, but you're still attempting to profit off the information obtained that you know the (supposed?) copyright-owner does not want you to access.
- BWStearns 13y agoHit them with copyright abuse then. Not every crime commissioned on a computer should be treated as a computer crime. Doing so functionally leads to double jeopardy on all manner of civil and criminal cases and the opportunity for excessively punitive sentencing and sanctions that are basically optional to apply. IANAL, but this seems to introduce an unacceptable degree of discretion in the law. As an example, if I send an extortion message via post, I get in trouble for extortion. If I do it via email should that be a computer crime as well? I guess it's up for debate since most everything is, but I feel comfortable enough to say clearly not.
- lutusp 13y ago> Not every crime commissioned on a computer Commissioned? ITYM "committed". Yes?