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- Xref: sparky comp.security.misc:2174 comp.org.eff.talk:7579
- Newsgroups: comp.security.misc,comp.org.eff.talk
- Path: sparky!uunet!looking!brad
- From: brad@clarinet.com (Brad Templeton)
- Subject: Re: Fun things to do to RTM (was: Internet worm)
- Organization: ClariNet Communications Corp.
- Date: Fri, 11 Dec 1992 22:03:25 GMT
- Message-ID: <1992Dec11.220325.4012@clarinet.com>
- References: <1992Dec8.220310.22925@eff.org> <1992Dec10.062117.8378@clarinet.com> <1992Dec10.192936.1557@eff.org>
- Lines: 39
-
- Well, Mike, there do seem to be people here discussing only the particulars
- of the Morris case, and others who wish to discuss the whole question of
- computer crime sentencing and deterrence.
-
- I think the issues are closely related. Robert Morris, as the first
- famous conviction under these statutes, sets a precedent in more than
- just the legal sense. As such I think I am addressing your question.
-
- You suggest that there was no increase in computer intrusions and related
- offences after Morris was sentenced. It's a hard thing to measure, but
- given that it's true, should this be surprising? It is in fact, what
- we would expect.
-
- When you have a new crime, and people are cavelier and do not fear punishment,
- and do not consider punishment greatly in their actions. If deterrent works,
- then when they see punishment that frightens them, they should reduce their
- activity.
-
- That there would be an increase after light sentencing would imply that
- people are sitting scared, waiting to do computer crimes, and that once they
- saw a light sentence they would proceed apace. I doubt it.
-
- I can't say we even know for sure if deterrence works here. There are some
- offences which punishment does not really deter.
-
- As for what Morris deserved? Well, there seem to be many opinions on that.
- There is not strong evidence of malice, so one can't be too critical of the
- judge for delivering a light sentence. On the whole, people tend to get
- a bit worked up over this one. They yell because they had to spend in most
- cases a few hours or at most a day futzing around with their systems -- as if
- this doesn't happen all the time for natural reasons.
-
- When a case is tried that has more malice and intent, but not enough to
- warrant hard time, I suggest a probationary condition which forbids not
- using computers, but employment or contracting to work with them. This is
- far milder than jail time, but I think could be a frightening deterrent to
- certain classes of offenders.
- --
- Brad Templeton, ClariNet Communications Corp. -- Sunnyvale, CA 408/296-0366
-