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> if you can't do the time, don't do the crime. That is entirely the point. He may well have been willing to do "the time". But "the time" is wildly dispropor

> if you can't do the time, don't do the crime. That is entirely the point. He may well have been willing to do "the time". But "the time" is wildly disproportionate to "the crime". This is bad for the same reason that we don't execute everyone convicted of breaking the law. Furthermore, how does your logic apply to the NSA? A group of someones very clearly broke the law hundreds of millions of times after being told to stop and being kicked off networks, then finding ever-more invasive ways of stealing our emails to grandma. Remind me, who is threatened with jail for the next billion (!) years under the CFAA?

roel_v 13y ago
I'm not sure what points you're arguing, or what position you think I'm defending. He knew what 'the time' was, the saying doesn't go 'don't do the crime if you can't do what you feel is a reasonable amount of time for said crime'. I'm also not sure why you think this whole NSA bruha is relevant to this. What 'the law' is for an individual isn't always 'the law' for state actors, otherwise every soldier who ever killed someone would have to be jailed. I'm not interested in discussing whether the NSA spying is lawful, the point of my post was to counter the demagogy of 'oh he was just downloading stuff within his rights and then they killed him'. He deliberately broke the law, which is exactly what 'activism' is, but then when the time came to reap what he sewed, well we all know what happened then. Which is a tragedy, and I feel for the family having had two suicides close to me last year, but if you're going to make a point about sentencing practices or penalties of computer fraud laws, make them about actual issues, and don't distort what actually happened for your rhetorical convenience, otherwise you're no better than Fox News. (all 'you' in this not directed at 'you you' but meant as a generic 'you' that refers to everybody acting as described).
- gress 13y ago
  How can you possibly assert that Aaron "knew what 'the time' was?" I'm sure he was aware that there could be legal repercussions, but I sincerely doubt that he thought he was risking a felony conviction, bankruptcy, and prison.
  - mpyne 13y ago
    Surely Aaron was aware at the time of any of the prior CFAA cases on the books. It's not as if he was the very first "network hacker" in U.S. legal history. But either way even if he was not aware, that was a failure on his part, not the prosecutors. The law was not amended specifically for Aaron, it was on the books in substantially it's current form for more than enough time for Aaron to have researched it.
    - gress 13y ago
      It's not at all obvious that he would be prosecuted under that law, assuming he was prosecuted at all. And this has nothing to do with whether it's the prosecutors fault or not (although their behavior was clearly morally reprehensible). The point is that he likely did not know to expect 'the time'. You have committed numerous felonies. Did you consider 'the time' before you committed them? http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.aspx http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.asp...

roel_v 13y ago

I'm not sure what points you're arguing, or what position you think I'm defending. He knew what 'the time' was, the saying doesn't go 'don't do the crime if you can't do what you feel is a reasonable amount of time for said crime'. I'm also not sure why you think this whole NSA bruha is relevant to this. What 'the law' is for an individual isn't always 'the law' for state actors, otherwise every soldier who ever killed someone would have to be jailed. I'm not interested in discussing whether the NSA spying is lawful, the point of my post was to counter the demagogy of 'oh he was just downloading stuff within his rights and then they killed him'. He deliberately broke the law, which is exactly what 'activism' is, but then when the time came to reap what he sewed, well we all know what happened then. Which is a tragedy, and I feel for the family having had two suicides close to me last year, but if you're going to make a point about sentencing practices or penalties of computer fraud laws, make them about actual issues, and don't distort what actually happened for your rhetorical convenience, otherwise you're no better than Fox News. (all 'you' in this not directed at 'you you' but meant as a generic 'you' that refers to everybody acting as described).

gress 13y ago
How can you possibly assert that Aaron "knew what 'the time' was?" I'm sure he was aware that there could be legal repercussions, but I sincerely doubt that he thought he was risking a felony conviction, bankruptcy, and prison.
- mpyne 13y ago
  Surely Aaron was aware at the time of any of the prior CFAA cases on the books. It's not as if he was the very first "network hacker" in U.S. legal history. But either way even if he was not aware, that was a failure on his part, not the prosecutors. The law was not amended specifically for Aaron, it was on the books in substantially it's current form for more than enough time for Aaron to have researched it.
  - gress 13y ago
    It's not at all obvious that he would be prosecuted under that law, assuming he was prosecuted at all. And this has nothing to do with whether it's the prosecutors fault or not (although their behavior was clearly morally reprehensible). The point is that he likely did not know to expect 'the time'. You have committed numerous felonies. Did you consider 'the time' before you committed them? http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.aspx http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.asp...