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Regarding Marcus Hutchins aka MalwareTech

doublepulsar.com

21–30 of 143 posts

Re: Regarding Marcus Hutchins aka MalwareTech

#21

Please let the law inforcement agencies deal with this. Have faith in the system

The issue I have with this is that our legal system is adversarial (by design) and as such the police have no incentive to either help you or keep your best interests in mind.

The government (as a whole) has also shown a disconcerting lack of technology prowess.

Re: Regarding Marcus Hutchins aka MalwareTech

#26
post #24

Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?

And he is a non-US citizen, being detained by the US, what rights does he actually have?

the idea is the US is ruled by laws. when you're in US territory, you are subject to those laws. not being a citizen doesn't mean you have no rights.

then again this is the same government who says the Constitution doesn't apply 100 miles in from the border (where a significant percentage of the populace lives...)

Re: Regarding Marcus Hutchins aka MalwareTech

#27
The case seems to stem from the takedown of a website called AlphaBay, where a large amount of new cases are now entering the US justice system.

Can someone explain what this means? Is there a news article somewhere explaining the flood of cases created by AlphaBay? Why haven't I heard of other's being prosecuted?

Re: Regarding Marcus Hutchins aka MalwareTech

#29
post #10
post #8

Earlier quoted context omitted.

Even if that country was North Korea and the crime was punishable by execution? 40 years in prison is extreme for $2000. They might as well execute him. And yes, I compared the US to North Korea, but when it comes to cyber security laws they really aren't that much different. The punishments are way out of proportion to the crimes. You'd be better of killing someone than hacking them.

He’s going to go through a trial by his peers, he’s not likely going to receive the max sentence, and even then he likely wouldn’t serve the max sentence for a nonviolent crime (he’d be paroled). Compare that to being convicted without a fair trial, being sent to a labor camp, and running the risk of being sent home in a body bag. I understand hyperbole but let’s not kid ourselves, NK is one of the worst places in th…

>>He’s going to go through a trial by his peers

No if he goes to trial it will be a trial with humans on the jury but that will be as close to his "peer" group as it will be

1. They will not be from his nation, but will be Americans

2. Most of them will likely be Computer illiterate, as the prosecution will excuse anyone that even owns a computer

3. They will like be older and outside of age peer group

No it will not be a jury of his peers, unless simply being of the same species is all you consider to be a "peer"

>>he’s not likely going to receive the max sentence, and even then he likely wouldn’t serve the max sentence for a nonviolent crime (he’d be paroled).

The max sentence will be used to extort a guilty plea, happen every day to innocent people

Parole is still considered in service to your sentence, you have massively diminished rights and you are not considered a "free person" while on parole, you simply are serving your time outside the confines of a cage. Given this is a non-US citizen that complicates parole as he would unlikely be allowed to leave the US while on Parole.

On this being a nonviolent crime, nonviolent crimes in the US Legal system are often punish more harshly then violent crimes, Many nonviolent crimes have mandatory minimums, where as almost no violent crimes do. Saying this is a nonviolent crime so it will be "easy" or the punishment will be lessened is factually incorrect when talking about the American Legal system

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