Security News > 2000 > February > The Crime of Punishment
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..] ISN is sponsored by Security-Focus.COM