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When your classmates threaten you with felony charges

miles.land

341–350 of 350 posts

Re: When your classmates threaten you with felony charges

#341

Earlier quoted context omitted.

> especially because you didn’t acknowledge my first paragraph that explained why they weren’t acting like classmates themselves (which was a major theme/point in the article/blog post lol. It’s in the title). Because it seemed very irrelavent to if they were good faith researchers. I dont know if i agree - critiquing classmates designs is a quintessential classmate activity - but regardless i don't understand how th…

> Because it seemed very irrelavent to if they were good faith researchers. It’s not irrelevant if the author mentioned “classmates” several times to justify his viewpoint/emotions about the situation. However, I was making 2 points in my original comment. The first was a critique about the author’s viewpoint that classmates did this to him. The second was about the intention of the author related to “good faith rese…

> I never called anyone immoral or even implied it. If I thought so, then I would have just said it clearly.

Lets quote:

"To my ears/eyes, those sentences above seem like a carefully crafted but still flimsy excuse. It’s like a lie that you tell yourself over and over so much that you end up believing it"

You called them liars. Most people consider lying to be immoral. You implied they had ulterior motives. The implication is that these motives were evil because people don't lie about good motivations.

> However, I was making 2 points in my original comment.

Yes i know, but they are separate points that don't build on each other. I disagree with both but i only find one of the points objectionable and was only contending one of them. What, do you think that people can only fully disagree or agree with you? That people have to disagree or agree with both points.

> It’s interesting that you’re fixated on this but you haven’t commented on any of the other comments on this post that did call Fizz’s employees immoral.

I have not commented on literally every thread on the internet. You caught me. However just because someone called them immoral doesn't mean i find their comment objectionable.

That said, are you really trying to argue that two wrongs make a right? If you want me to conceed that there exists other bad people on the internet, i'll happily agree with that.

> If you remember, the original comment that I replied to said “Devil’s advocate”. That meant that this subthread was supposed to explore a viewpoint that others weren’t commenting as much.

No, it means the original commenter doesn't neccesarily agree with the view being espoused. Given you said you agree with said view, you are obviously not claiming to be playing devils advocate. In any case, devil's advocate isn't a blank cheque to behave any way you want.

> It’s interesting that you’re fixated on this but you haven’t commented on any of the other comments on this post that did call Fizz’s employees immoral.

But i don't have an issue with their comment. While i might not 100% agree with his metaphor, i think his comment was reasonable. He did not call them liars with no evidence. He did not misleadingly imply the authors agreed that one should only do security research covered by safe harbour provisions when they didn't. Etc.

I may disagree with them being immoral but i don't object to calling them such if backed up with reasonable argument. I object to calling them liars (or accusing them of any other moral sin) without evidence. That's something you did that most other people haven't, which is why i am fixated on your comment not theirs.

Re: When your classmates threaten you with felony charges

#342
post #327
post #323

Earlier quoted context omitted.

Let’s go through the comment thread here again: 1. Someone asked what protections an employee could expect to receive from an employment contract in a right to work state. 2. I responded that right to work is not related to employment contracts but to unions and listed a number of protections and benefits regularly covered by employment contracts. 3. You came in saying that, anecdotally, the benefits are either non-e…

I will concede that "I suspect you have lived a very privileged life" was overly focused on you, and should have been something like "Nobody should seriously consider these options unless they are living a very privileged life". Your actual personal history is not relevant my argument at all and I shouldn't have brought it up. I maintain that most employees have basically zero leverage to negotiate their worker-hosti…

> "Nobody should seriously consider these options unless they are living a very privileged life".

> I maintain that most employees have basically zero leverage to negotiate their worker-hostile contracts

He's trying to tell you from direct personal experience - as are many others in this thread - that it is not as dire as you're committed to believing, and that it is absolutely possible to negotiate terms at a non-executive level.

To put it differently: the corporate overlords have successfully convinced you that you have no power.

Re: When your classmates threaten you with felony charges

#343

Earlier quoted context omitted.

You were talking about both but you were mistaken about the rule as well. Your focus on causation suggests you’re struggling with the idea that a second order event stemming from a breach could be compensatory damages, but of course it would fall within consequential damages if causation was found to be sufficiently attenuated.

You're just misreading the post. The "victim" doesn't calculate the damages, but a rule that makes the damages depend on actions the corporation voluntarily chooses to take allows them to vindictively maximize the penalties on someone who merely embarrassed them. Which is a perverse incentive that should be removed.

[deleted]

Re: When your classmates threaten you with felony charges

#344

Earlier quoted context omitted.

> Because it seemed very irrelavent to if they were good faith researchers. It’s not irrelevant if the author mentioned “classmates” several times to justify his viewpoint/emotions about the situation. However, I was making 2 points in my original comment. The first was a critique about the author’s viewpoint that classmates did this to him. The second was about the intention of the author related to “good faith rese…

> I never called anyone immoral or even implied it. If I thought so, then I would have just said it clearly. Lets quote: "To my ears/eyes, those sentences above seem like a carefully crafted but still flimsy excuse. It’s like a lie that you tell yourself over and over so much that you end up believing it" You called them liars. Most people consider lying to be immoral. You implied they had ulterior motives. The impli…

K

Re: When your classmates threaten you with felony charges

#345

Earlier quoted context omitted.

You were talking about both but you were mistaken about the rule as well. Your focus on causation suggests you’re struggling with the idea that a second order event stemming from a breach could be compensatory damages, but of course it would fall within consequential damages if causation was found to be sufficiently attenuated.

You're just misreading the post. The "victim" doesn't calculate the damages, but a rule that makes the damages depend on actions the corporation voluntarily chooses to take allows them to vindictively maximize the penalties on someone who merely embarrassed them. Which is a perverse incentive that should be removed.

Yeah, I guess you’re right. It would be more fair to the defendant to let him specify the damages. After all, he is the only one who knows what harm he intended to inflict. Without that knowledge, how could we establish causation?

Re: When your classmates threaten you with felony charges

#346

Earlier quoted context omitted.

You're just misreading the post. The "victim" doesn't calculate the damages, but a rule that makes the damages depend on actions the corporation voluntarily chooses to take allows them to vindictively maximize the penalties on someone who merely embarrassed them. Which is a perverse incentive that should be removed.

Yeah, I guess you’re right. It would be more fair to the defendant to let him specify the damages. After all, he is the only one who knows what harm he intended to inflict. Without that knowledge, how could we establish causation?

If you leave the door open to your building and some kids get in and spray paint graffiti on the walls and steal the building manager's library book, you pretty clearly have damages in the amount of the cost to clean the graffiti and the cost of the library book.

If you then go spend $50,000 to pay a contractor to sweep the building for bugs on the off chance the kids were actually Russian spies, that's on you for leaving the door open. Even if you have a legitimate fear of Russian spies.

Likewise, if the way you clean the graffiti is not to pay someone $50 to paint over it but to bring in a demolition crew to implode the whole building and then build an identical one in its place at the cost of a million dollars, this was your choosing and not the doing of the miscreants.

Re: When your classmates threaten you with felony charges

#347
post #65

Earlier quoted context omitted.

Writing a demand letter that leans in favor of your client's interests is not only okay, it is the standard course of action for a civil dispute. https://www.law.cornell.edu/wex/demand_letter

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Re: When your classmates threaten you with felony charges

#348

Earlier quoted context omitted.

Yeah, I guess you’re right. It would be more fair to the defendant to let him specify the damages. After all, he is the only one who knows what harm he intended to inflict. Without that knowledge, how could we establish causation?

If you leave the door open to your building and some kids get in and spray paint graffiti on the walls and steal the building manager's library book, you pretty clearly have damages in the amount of the cost to clean the graffiti and the cost of the library book. If you then go spend $50,000 to pay a contractor to sweep the building for bugs on the off chance the kids were actually Russian spies, that's on you for le…

[deleted]

Re: When your classmates threaten you with felony charges

#349
post #57

I'm not a lawyer, but I am professionally interested in this weird branch of the law, and it seems like EFF's staff attorney went a bit out on a limb here: * Fizz appears to be a client/server application (presumably a web app?) * The testing the researchers did was of software running on Fizz's servers * After identifying a vulnerability, the researchers created administrator accounts using the database activity the…

To your point in #2: this can create a murky and risky situation for the party being reviewed. Particularly if you’re small and you are trying to land your first big client that asks questions like “have you previously been compromised?” then your answer now depends on the definition of compromised.

Even if you are engaged in legitimate security research, it is highly unethical and unprofessional to willfully exceed your engagement limits. You may not even know the full reasoning of why those limits are established.

Re: When your classmates threaten you with felony charges

#350
post #295

Earlier quoted context omitted.

As someone also frustrated by this vernacular I really appreciate this perspective. Thanks!

Given that most cases never go to trial, and the possibility of long prison sentences and large fines are used as threats against individuals, the idea that a jury might find it "reasonable" is small solace to someone facing multiple charges of violating the CFAA, with corresponding jail time and fines. Weev was sentenced to 3.4 years of prison time and a fine of $73,000 for the crime of downloading a sequentially nu…

Is the inference here that the evil in weev’s heart was put there by a criminal prosecutor? That was quite a trick.

It’s a real shame that weev didn’t have someone who was in his corner who was interested in making him look completely innocent. It seems like the system is rigged!

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