Re: Felony For Refreshing A Web Page

[Charles Miller <cmiller () pastiche org>]

On 07/01/2006, at 10:37 AM, zeno () cgisecurity net wrote:

> http://yro.slashdot.org/yro/06/01/06/2140227.shtml?tid=123&tid=95
>
> This is a sad, sad world.

I can't help think that this is being blown all out of proportion by  
websites like Slashdot which thrive on those "authorities just don't  
get technology" headlines.

Most crimes have two components: the actus reus (literally "guilty  
act"), which is the thing you do, and secondly the mental state  
behind the act, or mens rea ("guilty mind"). It is the mens rea that  
is the difference between sticking a knife in someone's throat with  
the intent to kill them, and sticking a knife in someone's throat  
with the intent to perform a tracheotomy.

The felony in this case is a combination of a particular act --  
refreshing a webpage continuously and encouraging others to do so  
("hold down F5...") -- and a very particular intention -- "..to help  
crash my school server".  So rest assured, refreshing a webpage,  
linking to a page from Slashdot or just saying "sometimes the site  
doesn't load the first time so you might have to hit refresh" remain  
perfectly legal in the absence of a mens rea.

You also have to keep in mind that there's only been an arrest so  
far, the case hasn't yet gone to trial.

In our adversarial legal system, the _only_ way to find out if  
something is a crime or not in the absence of clear judicial  
precedent is to take it to court. Prosecutors can't go to a judge and  
say "tell us whether this is illegal or not", the only way you can  
get a definitive ruling on the correct interpretation of the criminal  
law is to arrest someone FIRST, and then put them through a trial  
(and if it's a really important point of law, a decade or so in the  
various courts of appeal). That's the prosecution's job, just as it  
is the defense's job to try to get the case thrown out as early as  
possible.

C

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