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It's a nice narrow fix and I hope it passes, but the real elephant in the room is 'plea bargaining.' That needs reform at the federal level.
The important stuff: SEC. 2. ELIMINATION OF CERTAIN VIOLATIONS OF AGREEMENTS OR CONTRACTUAL OBLIGATIONS, RELATING TO INTERNET SERVICE, FROM THE PURVIEW OF CERTAIN CRIMINAL PROHIBITIONS. (a) FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. - Section 1030(e)(6) of title 18, United States Code, is amended by striking ‘‘alter;’’ and inserting the following: ‘‘alter, but does not include access in violation of an…
EDIT: OK, how about, "any device which intentionally communicates with other devices". Is that better?
Would Aaron's Law have helped Aaron? Both Orin Kerr and Jennifer Granick have said that his actions in evading filtering and shutoffs on MIT's networks would have created a plausible argument for the prosecution that he had been evading specific code-based authorization mechanisms and would have known his access was unauthorized. If you read Reason, you're immediately suspicious of laws with people's names on them; t…
The depressing lulziness if a sentence that scales with the number of documents downloaded is matched only by that of sentences that scale with the weight of the drugs carried.
But a sentencing structure that says "fuck it, all we have to go on is damages, so go make up a plausible story and we'll use that to figure out where on the X axis of this spreadsheet you figure out" --- and "plausible story" is exactly the term when you learn about the burden of proof here --- it makes no sense at all. The same mindset, intent, and actions can't generate radically different outcomes based on how many iterations a for() loop makes before you get caught.
It's a nice narrow fix and I hope it passes, but the real elephant in the room is 'plea bargaining.' That needs reform at the federal level.
Why? He could have sidestepped any plea bargaining if he wished. I'm not sure what you're suggesting they do.
It's a nice narrow fix and I hope it passes, but the real elephant in the room is 'plea bargaining.' That needs reform at the federal level.
Which needs to bring along with it some combination of an increase in the amount of resources the courts have to handle trials, decrease in the number of victimless "crimes", and better ways to reduce recidivism. Otherwise, the system would collapse under the weight of all of the trials and prisoners.
Earlier quoted context omitted.
Why? He could have sidestepped any plea bargaining if he wished. I'm not sure what you're suggesting they do.
His price for not admitting felony guilt was to face 13 felony counts and a potential of 35+ years in jail at trial. That's unconscionable.
I encourage those of you who live in the United States to drop a quick line to your congressman and ask that they support this bill.
We need to ensure that "Internet website" is replaced with "any computing device which intentionally uses electromagnetic radiation to communicate with other computing devices". EDIT: OK, how about, "any device which intentionally communicates with other devices". Is that better?
It's a nice narrow fix and I hope it passes, but the real elephant in the room is 'plea bargaining.' That needs reform at the federal level.
From my own experience: in mental committment proceedings, there is no halfway point between letting the defendant stay free and committing them to a mental hospital. Consequently, the prosecutor's office simply never negotiates; they take every case to trial.