oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
| reply to str7
Re: Ignorance of the Law....
If he didn't do it...then he isn't liable. Some hacker would be the one making the file available.
Blaming the computer's owner...well, why not also blame the ISP, or name Microsoft as an accomplice for having the vulnerabilities in the first place? A hacker is using someone else's computer to commit a crime...the computer's owner can't be responsible for the criminal acts of others.
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Kaltes
Premium
join:2002-12-04
Los Angeles, CA
| 1st of all we are talking about GUILT here not liability.
the issue here is that you will end up with a criminal defendant sitting there saying "I'm Innocent I tell you!!! INNOCENT!" up against the equivalent of caught-red-handed evidence. The defendant's argument that he was hacked will be viewed as a far-fetched attempt to escape punishment, and the jury will just decide the case based on sympathy:
if they like the defendant, he wins, if they don't like him for any reason, off to federal prison he goes.
Of course if the whole hacking defense is recognized as a valid defense, you will hear it in EVERY CASE, even the ones where the defendant truly intentionally broke the law. Then either the jury will always give the defendant the benefit of the doubt (which will make the law pointless, since EVERYONE can claim to be HaX0R3d and get off) or they will risk throwing innocent people in federal prison.
The whole situation is a stupid mess best avoided by peeing on this law (and heck Feinstein too while we are at it) then burning it and scattering the ashes into the ocean. |
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oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
| Then seeing as it's not a civil tort and rather a criminal case...all this is moot. You will never be able to judge a law as to HOW it will be used, UNTIL it is used.
No DA is going to waste time with a case he/she won't win...especially after the defense loads the jury with mindless AOLers.
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Don't get it, demand it! The Anime Network »www.theanimenetwork.com/index.html
And something pretty good from the Cooler »elev.ru.orebro.se/ru0369/HAHAHAHA.MPG |
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Urzumph
join:2002-11-06
Australia
| reply to oliphant5
said by oliphant5  :
why not also blame the ISP, or name Microsoft as an accomplice for having the vulnerabilities in the first place?
Good idea, then we can hand them in and collect our bounty from them  |
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