Full Disclosure mailing list archives

Re: Sasser author


From: Mister Coffee <live4java () stormcenter net>
Date: Fri, 14 May 2004 08:23:34 -0700

<various snippage>

Yes, but is it a crime that should be equated with holding hostages or 
hijacking airliners?

Obviously no.  Unless the -intent- (which you mention below) was to cause havoc on the internet.

There is a bogus category of "electronic terrorism", which is being subject to 
the same aggressive prosecutorial standard that is established for those who 
perpetrate real crimes of terror.  18 year-old kids, without /intention/ of 
political or ideological violence against innocents, are being held with the 
legal gravity of weapons smugglers.  Intention is a key definition of guilt 
in - at least - British, and US-ian law.

Well, we won't go into how skewed some of the sentencing laws are.  More time in jail and bigger fines for trading 
MP3's than for beating someone up and stealing their money to buy drugs?  Definately messed up.

As for intention . . . the sasser author cann't claim he didn't intend for his worm to exploit vulnerable systems and 
spread.  
 
Here you have a social naive, without any experience in life that connects the 
gravity of consequences to his actions.  Chances are, his life will be pretty 
much ruined.  That is an equitable outcome, because some Systems 
Administrators were given a couple of rough days at work?

Socially inept or not, he must have had a good idea of the annoyance his worm would cause if it worked.  As for 
equitable, let's see. . .

Let's give an example.  Someone paints graffiti on the side of my house/barn/apartment/office/whatever.  I could always 
have the kid imprisoned, but that wouldn't undo the "damage" his act of vandalism did.  So, to make amends, I give him 
a bucket of paint and a brush, and have him repaint the wall back to its original color.

Sounds fair?  No jail time.  The perp makes amends that are pretty much equal to the "cost" of thier "crime."

Now, let's extend the analogy.  Cleaning up after the worm takes a little time, so we'll have the worm writter clean up 
after his infections.  At 20 minutes each.  For 5 MILLION (wild assed guesstimate) infected hosts.

Somehow, jailtime doesn't seem right - but it -really- doesn't seem equitable to let the kid walk.  Someone's paying 
those admins and tech support people to clean up the mess...

Cheers,
L4J
 

_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.netsys.com/full-disclosure-charter.html


Current thread: