Comment Re:lol, Rand sucking up to the dorks (Score 1) 206
The flaw in this case is in the application of law. Take for example, to use the slashdot favoured car analogy, a criminal drives up to a bank, leaves the vehicle enters the bank and demands money at gunpoint, then leaves the bank and drives off in the car and the legal process than attempts to prosecute him for a traffic offence to cover the bank robbery. So the error is in not completely separating the computer and network issues ie basic network traffic offences entailing a penalty structure similar to road rules, from the crime associated with the network traffic offence. As in the case of the bank robbery, the bank robbery is completely separate from the traffic offences committed on the way to the bank or leaving it.
So in the case of computers a network traffic offence, with a typical fine and then the offence that resulted from the network traffic offence treated separately. So invasion of privacy, copyright infringement ( a civil matter), theft of resources (based on the value of resources), identity theft et al. and B$ charges about securing the site or possible maybe finding other incursions, nothing what so ever to do with the claimed charges (nobody tries to make the bank robber pay for a better safe or security guards).
Network traffic offences should be minor stuff, typically covered by fines (as a percentage of annual income to ensure equal penalty). With any crimes associated with the event separated out and directly prosecuted, thus avoiding tying say invasion of privacy with say an attempt to steal a million dollars, they are not one the in the same and should not be treated as such. It would be like charging every who speeds as a potential bank robber because bank robbers drove to the bank and sped away from the bank.