Sunday, December 20, 2009

Lazy Workers May Be Deemed Hackers

Lazy Workers May Be Deemed Hackers Mark Rasch, 2009-08-25 - "From his office job at the Shelby City (Ohio) Wastewater Treatment plant, he was browsing adult Web sites, including one called Adult Friend Finder to meet women. When some of the women asked Wolf for nude pictures, he bought a digital camera, took pictures, and e-mailed them using his work computer."

Ok, the guy was dumb enough to use a work computer to send nude pics and booking online a dominatrix. He should be gigged for that. But to indict him under a "hacker" law is absurd. This is just one in a growing trend of laws being passed with such vague wording that anything and everything could be considered illegal.

Back in the old BBS days there was a case where a company in CA sold porn over a bulletin board. It was perfectly legal to do so according to the laws of their jurisdiction. Then, some idiot in the Midwest decided that, since it was illegal to do so in their state, they'd try and shut down the porn board. So they had someone, a law enforcement officer if I remember right, buy some porn then they indicted the company under the local obscenity laws. Now, the federal law says that these things are governed by the community standards. The BBS company asserted that, since they are in CA, the local community standards allowed them to sell porn. But the prosecutor held that, since the end point of the transaction was his local community, he had jurisdiction. The courts upheld his position of community standards and the BBS was shut down.

This kind of thing is so wrong that no one with two brain cells to rub together would ever think it was right. Unfortunately, the people in the positions of making and enforcing laws are often those few who don't meet the above criteria.

$DEITY help us.
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