4 ms·

The government gives harsher sentences to hackers than many rapists. This is because it is actually afraid of hackers. Hackers hold power that petty criminals d

The government gives harsher sentences to hackers than many rapists. This is because it is actually afraid of hackers. Hackers hold power that petty criminals do not. The sentences for hackers are completely ridiculous because they are created by fear.

thaumasiotes 13y ago
> The government gives harsher sentences to hackers than many rapists. This is because it is actually afraid of hackers. There's a simpler explanation for this. Hackers are getting harsher sentences because the crime is a more recent concept. The law prides itself on its trial-and-error approach to life.
tptacek 13y ago
The case you're thinking of where a hacker got a harsher sentence than a rapist is... what? Did one of those cases perhaps involve juveniles, and the other adults? The base offense level for rape in the federal sentencing guidelines is far higher than that for computer fraud.
sliverstorm 13y ago
Examples?
- dobbsbob 13y ago
  This guy got 5yrs for 2 rapes http://www.rawstory.com/rs/2013/11/21/ex-marine-serving-rape-sentence-says-hes-been-sexually-assaulted-by-female-prison-workers/ http://www.rawstory.com/rs/2013/11/21/ex-marine-serving-rape... Gary McKinnon was looking at 70yrs. The guy who made credit card fraud sites and was busted in the carder.su op got 7yrs after pleading but was looking at life. Rape and hacking are impossible to compare though because usually a rape happens once, whereas charges are stacked a mile high for computer fraud because nobody steals one login or card they steal a db full of them which means multiple charges, so technically rape on the federal books is a larger sentence compared to 1 charge of fraud or trespassing.
  - sliverstorm 13y ago
    What does what they were "looking at" matter one bit? I don't understand why the 70 years he was "looking at" matters at all, if he wasn't sentenced to 70 years.
    - dobbsbob 13y ago
      Because nobody goes to trial for computer fraud, not if the prosecutor is seeking 70 years so you are forced to bargain for 12-20yrs and yes there is a real possibility you will get all that time if you don't plea
      - tptacek 13y ago
        Since there has never been a trial in US history where a prosecutor sought anything like 70 years for computer fraud, nor has there (I believe) been a CFAA case that plead out to 20 years, I don't think these are real possibilities. Google: Popehat Whale Sushi.
  - tptacek 13y ago
    Gary McKinnon was not "looking at 70 years". If you are charged with 7 counts of the same offense, each carrying a possible 10 year sentence on the outside, you are absent other circumstances "looking at" 10 years. Like offenses often "group" under sentencing guidelines.† Under grouping rules, the damages for each charge might be summed to produce a single sentence. But the 10 year claim is also suspect. These are federal CFAA charges. They have a base level for first-time offenders of 6 (0-6 months). The damage claims for each charge in the indictment were "more than $5,000", the lowest damage accelerator, which adds 2 points. (If all the charges were grouped for sentencing and the damages summed, they'd instead add 6 points) The fact that his targets were military adds another two; he's now somewhere between 10-14. For a first-time offender, that's a possible probation-eligible sentence of 6-12 months, and no longer than 15-21 months, if his lawyers were able to do nothing else to secure leniency. 70 years is horseshit. † Here's a slide deck on the grouping guidelines: http://www.ussc.gov/Education_and_Training/Annual_National_Training_Seminar/2012/1_Grouping_Multiple_Counts_Slides.pdf* http://www.ussc.gov/Education_and_Training/Annual_National_T...

thaumasiotes 13y ago

> The government gives harsher sentences to hackers than many rapists. This is because it is actually afraid of hackers. There's a simpler explanation for this. Hackers are getting harsher sentences because the crime is a more recent concept. The law prides itself on its trial-and-error approach to life.

tptacek 13y ago

The case you're thinking of where a hacker got a harsher sentence than a rapist is... what? Did one of those cases perhaps involve juveniles, and the other adults? The base offense level for rape in the federal sentencing guidelines is far higher than that for computer fraud.

sliverstorm 13y ago

Examples?

dobbsbob 13y ago
This guy got 5yrs for 2 rapes http://www.rawstory.com/rs/2013/11/21/ex-marine-serving-rape-sentence-says-hes-been-sexually-assaulted-by-female-prison-workers/ http://www.rawstory.com/rs/2013/11/21/ex-marine-serving-rape... Gary McKinnon was looking at 70yrs. The guy who made credit card fraud sites and was busted in the carder.su op got 7yrs after pleading but was looking at life. Rape and hacking are impossible to compare though because usually a rape happens once, whereas charges are stacked a mile high for computer fraud because nobody steals one login or card they steal a db full of them which means multiple charges, so technically rape on the federal books is a larger sentence compared to 1 charge of fraud or trespassing.
- sliverstorm 13y ago
  What does what they were "looking at" matter one bit? I don't understand why the 70 years he was "looking at" matters at all, if he wasn't sentenced to 70 years.
  - dobbsbob 13y ago
    Because nobody goes to trial for computer fraud, not if the prosecutor is seeking 70 years so you are forced to bargain for 12-20yrs and yes there is a real possibility you will get all that time if you don't plea
    - tptacek 13y ago
      Since there has never been a trial in US history where a prosecutor sought anything like 70 years for computer fraud, nor has there (I believe) been a CFAA case that plead out to 20 years, I don't think these are real possibilities. Google: Popehat Whale Sushi.
- tptacek 13y ago
  Gary McKinnon was not "looking at 70 years". If you are charged with 7 counts of the same offense, each carrying a possible 10 year sentence on the outside, you are absent other circumstances "looking at" 10 years. Like offenses often "group" under sentencing guidelines.† Under grouping rules, the damages for each charge might be summed to produce a single sentence. But the 10 year claim is also suspect. These are federal CFAA charges. They have a base level for first-time offenders of 6 (0-6 months). The damage claims for each charge in the indictment were "more than $5,000", the lowest damage accelerator, which adds 2 points. (If all the charges were grouped for sentencing and the damages summed, they'd instead add 6 points) The fact that his targets were military adds another two; he's now somewhere between 10-14. For a first-time offender, that's a possible probation-eligible sentence of 6-12 months, and no longer than 15-21 months, if his lawyers were able to do nothing else to secure leniency. 70 years is horseshit. † Here's a slide deck on the grouping guidelines: http://www.ussc.gov/Education_and_Training/Annual_National_Training_Seminar/2012/1_Grouping_Multiple_Counts_Slides.pdf* http://www.ussc.gov/Education_and_Training/Annual_National_T...