RE: Legal consequences (Was: RE: OT: Loser found responsible for worm)

  • From: "Kenny Mann" <Kennymann@xxxxxxxxxxx>
  • To: "[ISAserver.org Discussion List]" <isalist@xxxxxxxxxxxxx>
  • Date: Fri, 29 Aug 2003 11:57:06 -0500

But we are talking about a whole different sector of criminalogy.
My uncle was punished by the justice system for something that wasn't
his fault. I'm a semi-non believer in the justice system, especially as
to how I see things going now-a-days (RIAA, MPAA, DMCA type stuff, etc).

What I meant was that if I kill someone, and the dude(ette) across the
street cuts someones arm, will the punishment be different?
Or will almost all these cases coming in to play (soon) going to just
make an example of these kids?
Would we be better off pointing them in the write direction and finding
a more effective way of punishment besides jail time and fines?
From what I have seen, once you goto jail, it's REALLY difficult to get
a life after that.
This puts these people back in the same spot, thus why you get some many
repeat offenders.
We need to find something more effective, lots of these virus writters
are people <20. They have their whole lives ahead of them. Some are
smart, perhaps they could use that knowledge for good. I don't know.

(I'm playing devils advocate because no one else seems to, at least this
way it will get a level ground of understanding hopefully, I don't mean
to offend anyone.)

Although, I can imagine what the main LovSan worm writter has to be
thinking: "I have the entire planet after me."
Would he get a lighter sentence if he turns himself in, or is he better
off hiding and hoping he don't get caught? (looking at it from his/her
perspective).

Kenny Mann

>-----Original Message-----
>From: Bill Kuhn - MCSE [mailto:bkuhn@xxxxxxxxxxxxx] 
>Sent: Friday, August 29, 2003 11:40 AM
>To: [ISAserver.org Discussion List]
>Subject: [isalist] RE: Legal consequences (Was: RE: OT: Loser 
>found responsible for worm)
>
>
>http://www.ISAserver.org
>
>
>Well put, tom.
>
>I'm not big on blaming the victim. Criminal activities and 
>threats have cost Microsoft billions of $$. They are a victim.
>
>I am a fervent believer in roasting the criminal.
>
>And as to the scale of the crime.. If someone murders a 
>homeless person should he be punished less than someone who 
>murders a billionaire? I don't think so.
>
>-----Original Message-----
>From: Thomas W Shinder [mailto:tshinder@xxxxxxxxxxxxxxxxxx] 
>Sent: Friday, August 29, 2003 11:19 AM
>To: [ISAserver.org Discussion List]
>Subject: [isalist] RE: Legal consequences (Was: RE: OT: Loser 
>found responsible for worm)
>
>
>http://www.ISAserver.org
>
>
>Hi Kenny,
>
>I honestly don't see how anyone can reasonably blame Microsoft 
>(unless you're a lawyer and want to cash in).
>
>Microsoft has put in more than enough due dilegence in trying 
>to protect their systems. Criminals *must* be held accountable 
>for their criminal behavior. Once you start blaming the 
>victim, the game is over and everyone loses. Microsoft was a 
>victim, I was a victim, you were a victim, and millions of 
>others were victims. 
>
>Jim mentioned that the worm was the result of "research". 
>Well, does all research need to be done. During WWII in 
>Germany, there was some medical research done in the field of 
>neurology that provided information we still depend on today. 
>Should that research been done? The information would have 
>become available using legit means later. 
>
>Just some food for thought on where people might best spend 
>their time and effort.
>
>IMHO,
>Tom
>
>Thomas W Shinder
>www.isaserver.org/shinder 
>ISA Server and Beyond: http://tinyurl.com/1jq1
>Configuring ISA Server: http://tinyurl.com/1llp
>
> 
>
>
>-----Original Message-----
>From: Kenny Mann [mailto:Kennymann@xxxxxxxxxxx] 
>Sent: Friday, August 29, 2003 11:08 AM
>To: [ISAserver.org Discussion List]
>Subject: [isalist] Legal consequences (Was: RE: OT: Loser 
>found responsible for worm)
>
>
>http://www.ISAserver.org
>
>
>Hmm, I've started thinking...
>The kid is probably going to be put to jail for a long while 
>and given some hefty fines for billions of dollars worth of 
>damages probably.
>
>Should we treat virus writers (and modifiers) as rapists and 
>murderers? For the most part, most viruses do not deal bodily 
>harm or really hurt someone. Hmm, interesting question. I 
>believe I recall one of the viruses (Sobig or Lovsan) that 
>screwed over a Nuclear Power Plant. Many people could have 
>died because of his actions. Not just cost business's money, 
>cost people their lives. Should Microsoft be held partly 
>responsible for not devoting enough to security or should 
>people have their own fault to blame because they didn't 
>update their machine, or should it all go to the virus 
>writter? OR spread it around? If I write a virus and it deals 
>$100 million, but the guy across the street writes one and it 
>deals $4 billion, will the consequence be adjusted accordingly?
>
>In my administration folder (A folder which received emails 
>that state if anything weird happens), I get 100+ more emails 
>per day of prohibited attachments and such because this dude 
>wrote a virus. On the other hand, I get _more_ emails from 
>spammers. Almost all those viral emails are directed towards 
>only 4 people of our <50 person company.
>
>Something to dwell on for the day.
>
>Kenny Mann
>
>>-----Original Message-----
>>From: Bill Kuhn - MCSE [mailto:bkuhn@xxxxxxxxxxxxx]
>>Sent: Friday, August 29, 2003 10:58 AM
>>To: [ISAserver.org Discussion List]
>>Subject: [isalist] RE: OT: Loser found responsible for worm
>>
>>
>>http://www.ISAserver.org
>>
>>
>>I'd still use the sharpest tool in the shed on his head. I
>>have some sharp tools in my shed and I volunteer to use them 
>>on him and on each and every other criminal a$$hole who pulls 
>>that kind of stunt.
>>
>>-----Original Message-----
>>From: Bailey, Matthew [mailto:MBailey@xxxxxxxxxxx]
>>Sent: Friday, August 29, 2003 10:35 AM
>>To: [ISAserver.org Discussion List]
>>Subject: [isalist] RE: OT: Loser found responsible for worm
>>
>>
>>http://www.ISAserver.org
>>
>>
>>I don't think I made my point very clearly.  The guy they
>>arrested today deserves EVERYTHING he gets and maybe more.  I 
>>think the point I was making is they haven't caught the true 
>>culprit behind Blaster worm just some script kiddie who 
>>modified the existing code and tested it in a public place.  
>>We aren't talking about the sharpest tool in the shed.
>>
>>- Matt
>>
>>Matthew Bailey
>>LAN Engineer
>>CSK Auto, Inc.
>>Voice: 602.631.7486
>>Fax: 602.294.7486
>>
>>
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