Psi Baba
Homo Skepticalis
- Joined
- Aug 13, 2001
- Messages
- 4,027
Hacker's defense: the computer did itProsecutors looking to throw the book at accused computer hackers have come across a legal defense expected to become even more widespread in an era of hijacked PCs and laptops that threatens to blur the lines of personal responsibility: the computer did it.
This is becoming a serious issue and one that I think merits discussion. I am very interested in reading other forum members' thoughts on this. How responsible should we be assumed to be if a hack is traced back to our computers? How can that be considered proof of the assailant in a cybercrime? I would like to hear from our legal-eagle members the answer to this question: If someone breaks into your house, steals your gun and kills someone with it, are you as guity of murder as if you pulled the trigger yourself? If someone steals your car and runs over someone with it, are you as guilty as if you were behind the wheel yourself? It seems to me the same reasoning should apply to computers. I don't think the answer is "Make sure you keep yourself protected from viruses and spyware." Yes, that's good advice, but it's not reasonable to expect every computer user to do that. I would bet that most users are wide open. No doubt many older people and young kids are using computers with no kind of protection whatsoever. Downloading security patches from Microsoft, for example, is not as straightforward as they would like you to think. I'm sure a lot of people have never even heard of spyware or malware. Should someone's 69 year-old grandmother go to prison because her computer became infected with a trojan horse and/or a script that ultimately resuted in a hack or a dealing with child porn that gets traced back to her computer? It seems to me, like with any crime, that real proof should be required to establish guilt. It can't just end with the conclusion, "Your computer--your culpability."
Thoughts?
Edited to replace some missing words and letters that were hacked out of my post.