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:
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.
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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