Lawyers say hackers are getting bum rap

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: RISKS List Owner <risko () csl sri com>

Date: Fri, 21 Feb 2003 10:39:34 -0700
From: "NewsScan" <newsscan () newsscan com>
Subject: Lawyers say hackers are getting bum rap

The National Association of Criminal Defense Lawyers has joined with the
Electronic Frontier Foundation and the Sentencing Project in publishing a
position paper that argues people convicted of computer-related crimes tend
to receive harsher sentences than perpetrators of comparable
non-computer-related offenses. "The serious nature of the offenses is
overplayed," says Jennifer Granick, author of the paper and clinical
director at Stanford University's Center for Internet and Society. "The
(majority) of the offenses are generally disgruntled employees getting back
at the employer or trying to make money." In a review of 55 cases prosecuted
under the most-often used computer crime statute, only 15 involved harm to
the public and only one resulted in a threat to safety.  Those convicted
"are receiving sentences based on the fear of the worst-case scenario rather
than what the case may really be about," says Granick. The paper was
submitted in response a request for public comment by the U.S. Sentencing
Commission as required by the Homeland Security Act of 2002. Cybercrime
legal expert Scott Frewing says he agrees with many points raised in the
paper, but recommends a two-tiered sentencing threshold: "I would be
comfortable in a situation where the code addresses the discrepancy between
those who cause bodily injury and those that don't.  If that results in the
law being unfair to a virus writer, maybe that's enough to put them on
notice."  [CNet News.com 20 Feb 2003; NewsScan Daily, 21 February 2003]
  http://news.com.com/2100-1001-985407.html?tag=fd_top

------ End of Forwarded Message

-------------------------------------
You are subscribed as interesting-people () lists elistx com
To unsubscribe or update your address, click
  http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/