I was just wondering how does the government figure out how much time a cracker will spend in jail ? How do they calculate the proper time he or she must spend for their illegal crime that they have been convicted for ?
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I was just wondering how does the government figure out how much time a cracker will spend in jail ? How do they calculate the proper time he or she must spend for their illegal crime that they have been convicted for ?
Last year the US House of Representatives passed legislation that would make it life imprisonment for any one that caused harm to anybody, or interfered with US security. I don't know if it was ratified into law though.
I couldn't find any specific sentencing guidelines, but I would suppose it's no different than a set amount of time, for example, manslaughter, drunkdriving, etc. What would compound it is the amount of monetary damages. I would also reason that the majority would be federal crimes, due to the crimes taking place across state lines. Even if the crime was commited in the same state, it's likely the computers involved would at some point be out of state. Of course this may not apply to a disgruntled employee who just reveals company weaknesses, or a cracker that sits down at your computer.
A few links that were interesting:
http://www.mail-archive.com/isn@attr.../msg02098.html
http://www.securityfocus.com/news/2028
I did find this: http://www4.law.cornell.edu/uscode/18/1030.html
This gives some guidelines for sentencing.
Thats almost Orwellian.Quote:
Last year the US House of Representatives passed legislation that would make it life imprisonment for any one that caused harm to anybody, or interfered with US security.
It is indeed. Something Americans need to learn is the following word: TOTALITARIAN, followed by IMPLOSION.
There are so many special interest groups with so many gripes, the government is constantly making laws. The concept of "land of the free" is a nostalgic twinkle in my grandfather's eye.
Federal sentencing guidelines for computer crimes are based off of monetary loss and individual crimes. Each attempt at hacking a server can be a crime, and whatever the company says the attack cost them is included in the sentencing. USSG, the United States Sentencing Guidelines is a huge bunch of bullshit. Basically there is a minimum and maximum sentence, but other than that is is up to the judge. Special law firms have sprung up that deal exclusively with sentencing.
I would advise just not getting caught, lol.
Edit: The feds can take jurisdiction if they want, but it is usually only when the monetary value is over $10k. And of course if it is over state lines.
The new Patriot Act has allowed life sentences for many computer crimes.
'Patriot Act'...my god. I can almost hear Orwell turning in his grave.