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Community weekly poll: What punishment should be handed down to virus creators?

by Marc Bennett Moderator - 9/13/05 4:14 PM
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Post 46 of 558

Minimum time with 3 streak equal life time

by FrenchyHey - 9/13/05 7:36 PM In reply to: punishment by annpala

No need to explain further.

Post 47 of 558

Logical Punishments:

by ceneddra - 9/14/05 6:34 AM In reply to: Minimum time with 3 streak equal life time by FrenchyHey

In my Love and Logic class they talk about making the consquence (punishment) approprate to the action (crime) So I think they should do service and resitution. It could work like this. 1st offense, Five years of Minimun wage work (don't want the to get rich) finding cures and tracking down software virises and creating anti-virus software programs (this would include NO licesing rights or pattons rights on any of their work) as well writing individual appology messages to all the people they had hurt and paying for all of the postage(no e-mail) . 2nd offense 10 years of the same but they now have to personally meet and apolize to everyone they caused problems to with his program. This should keep them busy! 3rd offense 20 years in prison with NO access to a computeror any computer information from library or visitors. By the time they get out (hopfully) their computer knowledge will be so out dated their not a threat to us.

Post 48 of 558

Well ok for the first two although..

by FrenchyHey - 9/25/05 12:50 AM In reply to: Logical Punishments: by ceneddra

For the third time no that when he did not learn and too bad so sad you don't collect you money do not pass go and go directly to jail.

I think altough if we do apply what you are suggesting I don't think anyone will try the third time hehe but if the do if should be jail time for life don't you think so?

Have a great day and thank you for your reply.

Post 49 of 558

(NT) one day in prison for each computer infected

by Bumpin4 - 9/13/05 7:48 PM In reply to: punishment by annpala

Post 50 of 558

how long should they serve time

by way2muchtyme - 9/13/05 8:28 PM In reply to: (NT) one day in prison for each computer infected by Bumpin4

I say 30 days per infection. How long does it take the average user to disinfect their system and restore lost data?

Post 51 of 558

Punishment

by SteveGauss - 9/13/05 8:24 PM In reply to: punishment by annpala

Those who create viruses should be jailed and held liable for all damage caused by their creations, every last cent with no recourse to the bankruptcy laws. A few well publicized cases of these people being held totally accountable will take the "fun" or "profit" out of creating these things.

Post 52 of 558

They should be rewarded.

by nycboy0156 - 9/14/05 2:35 AM In reply to: punishment by annpala

I think these individuals have given many of us the opportunity to see how effectively machines are protected by the antivirus software and firewalls that they have installed, and give the more novice users reasons to actually use them. In addition companies that were infected by the virus now have the opportunity to see what changes need to be made to avoid these kinds of attacks from being successfull in the future. It also serves to assist Microsoft and other operting system writers to see the inherent weaknesses in their code and address those weaknesses so that they cannot be exploited again. Fact is, most of these individuals are sought out by many security firms for employment after they finish their prison term. I think they should be immediately hired to work for these corporations in lieu of a prison term which does nothing in the way of "reform".

Post 53 of 558

reform?

by Bigtree - 9/15/05 2:58 PM In reply to: They should be rewarded. by nycboy0156

Reform is not what is needed. Punishment, lots of it, yes...that's the ticket.

We need to instill fear into all those who might consider creating a virus.

I don't really go along with those who favor testicle crushing and the like. The punishment should fit the crime. Virus makers love playing with computers, therefore they should be kept away from computers. Hard physical labor maybe, though a technological fix would be even better, in an earlier post I suggested an ankle bracelet that would give a shock whenever the offender got within 20 feet of any cpu. Perhaps an implant would be better.

How about a scarlet V tatooed on their forehead? Anyone seeing them near a computer could without penalty beat them up.

Post 54 of 558

They should be rewared???

by starmany2k - 9/15/05 4:47 PM In reply to: They should be rewarded. by nycboy0156

Were you born stupid, or did you just grow up that way?

Post 55 of 558

About reward !!!

by patacha - 9/17/05 3:29 PM In reply to: They should be rewarded. by nycboy0156

How would you like to see someone rewarded for taking a gun and shooting at you because "he have given many of us the opportunity to see how effectively people are protected" by the police. Maybe a little bonus also for his contribution to surgical research on how to fix bullet wounds !

Post 56 of 558

Big money in virus removal

by rjudd01 - 11/25/05 2:45 AM In reply to: They should be rewarded. by nycboy0156

Where would companies like McAfee and Symantic do if there were no viri? Me thinks there is lot of cash in virus removal. Not that I condone such actions, but what say these companies employ these people?

Post 57 of 558

Cure them their own medicine

by uling - 9/14/05 7:49 AM In reply to: punishment by annpala

They seem to like virus. So, why not feed them with the real stuff?

Post 58 of 558

Let the ******** eat each other

by Bubba - 9/14/05 10:19 AM In reply to: punishment by annpala

Best way to handle these types of non-violent but expensive criminals is to levy a heavy sentence and fine and then the judge can provide an option for them to "work off" the time and fine by becoming a source to investigate, identify and apprehend the other SOBs that are doing it.

Remember the movie with Tom Hanks and Leonardo. When the forger got caught the FBI used him to enhance their skills so that they could increase the enforcement and apprehension.

Only thing that would be needed is a "sliding scale" that would give the felon the percentage reduction in jail time and fine for each hacker he found and led the authorities to for apprehension. Most of these guys do it for their ego as well as the money. Let them pit their skills against their opponents/competitors and see who prevails. The people would be the greatest beneficiaries and the labor budget would be nil except for "room and board".

Who knows? Perhaps when they got their freedom they might be able to get a supervisory job in government pursuing the criminals legitimately for a salary. Better yet, be an independent contractor on a commission basis for each one caught.

Post 59 of 558

Virus writers could indirectly kill many

by thedjinn - 9/14/05 11:32 AM In reply to: punishment by annpala

True, virus writers are not pulling a trigger or stabbing someone. But if one creates a virus and turns it loose on a utility company it could kill many. Think of people on in home care, respirators, dialysis machines, etc. If there were a power outage directly connected to a virus people could very well die.
The government needs to get tough on these criminals!

Post 60 of 558

stiff punishment

by ChasT - 9/14/05 11:32 AM In reply to: punishment by annpala

There is no guarantee that a virus will not “kill or cause physical harm to people”. What happens if the virus infects hospital computers, air traffic control computers, judicial computers, emergency preparedness computers, or other computers that are relied upon for the health, welfare and safety of people? The answer is that health, welfare and safety are put at risk and people might even loose their lives because a virus causes a computer to malfunction. Therefore I propose the following:

Fines

Part-1: There should be a mandatory minimum fine of $250,000 that cannot be reduced in any manner. This amount could be raised to a maximum of $500 million by either a judge or jury.

Part-2: Added to the amount determined in Part-1, there should be an additional mandatory minimum fine of 10% of the estimated damages caused by the virus. The 10% should also be subject to non-reduction in any manner stipulation. The 10% can also be raised by a judge or jury to be a maximum of 500%. Estimated damages are to be determined by an independent expert or panel of experts appointed by the court.

Part-3: In addition to the sum of the amounts determined in Part-1 and Part-2, 150% of all costs related to the litigation of the case should be added to the fine. Types of cost include but are not limited to the following: court appearances, transportation, meals, incarceration while waiting for trial, prosecution delays and postponements, defendant and prosecution personal security, media related costs, information technology and computer related costs, expert witnesses, determining estimate of damages.

Part-4: Any plea bargaining cannot reduce either the $250,000 or the 10%.

Part-5: All fines should be earmarked for information technology hardware and software expenditure. The amount of fines determined by Part-1 and Part-2 should go directly to Homeland Security. The amount of money determined by Part-3 should go directly to the Department of Justice.

Jail

Part-A: There should be a mandatory minimum incarceration sentence of 3 years that cannot be reduced in any manner, including time off for good behavior. This sentence could be raised to a maximum of 100 years by either a judge of jury.

Part-B: Added to the time determined in Part-A, there should be an additional mandatory minimum extension of the time by 1 month for every $10,000 of estimated damages. The 1 month can be raised by a judge or jury to a maximum of 10 years for every $10,000 of estimated damages.

Part-C: Any plea bargaining cannot reduce the 3 years stipulated in Part-A. It cannot reduce the additional months determined in Part-B if those months total 12 or less. It can reduce Part-B months in excess of 1 year but only by a maximum of 50% of months.

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