EmperorChrostas the Cruel wrote:Pu-239:
I think the peanalty for virtual B&E SHOULD be more than the real thing.
The MAXIMUM amount of theft/vandalism a burglar can do is the value of the building and it's contents.
Breaking into my house CAN'T cause BILLIONS of $$$$$$$ in damages, like hacking can. There is a difference in the law between simple vandalism, a misdemeanor, and destruction of property, a felony. The difference is one of degree, and $$$ amount of damage.
Just because the cost is spread out over people that use the net, doesn't change the amount of money lost.
LIVES can be lost due to hacking.
Lost or altered medical records, law enforcement records lead DIRECLTY to deaths. (Wrong type/dose/delay of medicine, and unintentional releases)
The uncertain nature of the spread of damage and vulnerability factor make hacking literaly a crap shoot, on how much Bad Things happen.
I suspect sympathy is from those who don't get it, or are secret wannabe hackers.
No, I meant only virtual B&E that causes no or minimal damage, like the NYT incident, unlike when a cracker does something malicious like plant a trojan, steal files, etc. Unlike real B&E, you don't have property damage like broken windows and the like. If sensitive information (credit card numbers, the like), though, was accessed, and they downloaded a file containing such, then they would be in deep shit, unless they could prove that they did not commit or intend to commit fraud or other misuse of the information, which would be difficult anyway.
In this case, he didn't do much of anything other than breaking in, until we can get more detail. That would merely be breaking and entering, minus property damage(unless he broke something on the way in).
You seem to be confusing breaking in to computers (cracking/hacking, whatever) with virus writing, merely because they are computer based.
Hacking a single server is like breaking and entering into a single building, like your analogy, unless the person leaves behind trojan/virus/worm(more later). Leaving a trojan behind... well I don't know about the RL equivelent(leaving someone to stay behind and hide in the building, eitehr to steal data or facilitate future attacks)? Doing so would be more incriminating and would probably get a much heavier sentence though, depending on what was done.
Worm and virus writers should be thrown in the slammers for years though, since it is the computer equivelant of releasing (often ineffective though) WMD, and cannot be controlled. Worse if someone dies.