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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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DOJ's representative is incorrect in practice. | 65 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
DOJ's representative is incorrect in practice.
Authored by: Anonymous on Wednesday, March 13 2013 @ 11:47 PM EDT
"For example, 18 U.S.C. ยง 1030(a)(4) prohibits unauthorized access to a
computer in the course of committing a fraud, such as where a hacker breaks into
a database and steals 100,000 credit card numbers, but the maximum sentence is
five years in prison. "

What the DOJ('s?) Representative is claiming here may be juridically true, but
it is practically incorrect, because just a few months ago a Dutch hacker has
been arrested and convicted for exactly that crime...for 12 years prison (with
the potential of 30 years).
Perhaps they used a combination of other laws to get at that number, but since
it is already possible, why the need to change the law. In fact, seems to me
that it supports the other position that there are enough laws about stealing
and selling of private data that a separate computer crime is not particulary
needed.

(It was yesterday in our news because of the discussion about why the police/USA
waited till he was outside the country, and therefore mangaged to avoid the
prisoners exchange rules with our government.

MBB

http://translate.google.com/translate?sl=nl&tl=en&js=n&prev=_t&h
l=nl&ie=UTF-8&eotf=1&u=http%3A%2F%2Ftweakers.net%2Fnieuws%2F87828%2F
nederlandse-hacker-vraagt-minister-om-protest-bij-vs.html%3Fmode%3Dnested%26max%
3D10%26niv%3D0%26order%3Dasc%26page%3D

[ Reply to This | Parent | # ]

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