The Crime of Punishment

[mea culpa <jericho () DIMENSIONAL COM>]

http://www.thesynthesis.com/tech/crimepunishment/index.html

The Crime of Punishment

As you read this, an unusual legal case history is being established
around the prosecution of computer crime. Because computer crime is still
a relatively new aspect in the arena of law and prosecution, each and
every case sets important precedent that will be called on in upcoming
cases. The growing concern by many people seems to be the drastic nature
of punishments being levied against computer intrusions. Not only are the
punishments not seeming to fit the crime, there is little consistency in
the legal system's application of punishment to these people.

[1]Previous articles have pointed out the disturbing trends in damage
figures which directly affect sentencing in these cases.  Unfortunately,
the emerging problem seems to go well beyond suspicious damage figures. It
is difficult to say exactly why the punishment for computer crime is so
severe. Some people speculate it is the public perception of hacking and
the FUD ([2]Fear, Uncertainty and Doubt)  surrounding it while some think
it is nothing more than sacrificial lambs taking the brunt of public
outcry. Others feel it can't be logically explained. I think the best
answer is that computer crime is still shocking society, which overreacts
in response.

The immediate disparity can be seen when comparing the sentencing between
computer and non-computer crimes. While more traditional and material
crimes like assault, burglary and murder are receiving what seems like
light sentences, computer crime convicts are becoming the bearers of
exceptionally stiff and smothering sentences. Not only are the prison
sentences extraordinarily lengthy, the terms of probation are baffling and
rough. Instead of a probation that encourages reform and nurtures a good
life better than the previous life of crime, it thrusts the convicted into
a life of poverty and despair.

[snip..]

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