Comment: Re:Uhh (Score 1) 266
I agree that he had no business doing what he did, but that hardly justifies an eight month prison sentence when no harm was intended and it is highly questionable that any harm was done.
Some of the prosecution's and judge's justifications for this sentence are so vague or muddled that they're troubling. For example, the prosecutor claimed that Mangham had "stolen" "invaluable intellectual property" by downloading Facebook source code. It's hard to see how anything can be stolen if (a) the owner is not deprived of its use and (b) the possessor of an admittedly improper copy does nothing with that copy to infringe on the interests of the owner other than *possess* it. If that is not theft under UK law (which I'm pretty sure it isn't), the prosecutor has no business characterizing the crime as such. Furthermore the prosecutor seems to hold a very peculiar notion of what constitutes criminal intent:
He acted with determination, undoubted ingenuity and it was sophisticated, it was calculating.
The *criminal intent* here was the defendant desire to improperly accessing Facebook's computers. Whether he was determined or ingenious is neither here nor there, since the defendant never claimed he stumbled on Facebook's systems by *accident*. The prosecutor is attempting to emotionally *color* the defendant's actions as theft, without actually having to *prove* any theft occurred.
As for the $200,000 Facebook supposedly spent on this, it's questionable if that can be characterized as damage the defendant did to Facebook, especially if this figure represents some kind of internal expense accounting. Looking into hacking attempts is a routine function.