On Thu, 26 Jul 2001, Richard Erlacher wrote:
>
> The problem with allowing people such "rights" is that the ones least
> likely to consider the right and wrong of exercising them are the ones
> most likely do it. It's the old business of worrying the question of
> whether he could without considering at all whether he should.
We're in agreement. I don't believe there should be any 'right' anyone
has to perform the act of breaking in where they shouldn't, whether it be
in a computer system, someone's house, or whatever. What I disagree with
is that the punishment for 'computer crime' is so relatively severe
(because people are scared), and that there are laws against discussing
how to commit computer crime. You and I know (judging from your post)
that breaking into a computer system is not much different than breaking
into someone's house; why are 'computer criminals' treated so differently
than a common thief?
Suppose I break into your house, photograph your wife taking a bath, steal
your toaster, and get caught. I go to court, lose, and serve a jail
sentence. Yay. Now, suppose that common thieves were punished as
severely as their 'computer criminal' counterparts -- solitary confinement
("he might rob something!"), total lack of due process, a sentence longer
than many murderers, and being prohibited from ever touching or entering a
building for a long time. How do you like sleeping outside?
Suppose I tell someone how to break into houses, or I build a tool that
can be used to facilitate entry to your house. Hey, it's a free country!
Now, suppose again that I tell someone how to break the security of a
computer system, or write a program that could be used to do so. Uh-oh,
time to say hello to Bubba in cell 72!
We surely have improved on civil rights since 1960. Maybe, once all the
people die off that are scared of computers and scared of those who can
control their magic powers, things will be better for technology as well.
But right now, things really, really suck.
People are tiring of this, but I'm having fun. Let's take it off-list!
--
Jeffrey S. Sharp
jss_at_subatomix.com
Received on Fri Jul 27 2001 - 01:12:19 BST