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Submission + - Crack vs. Powder

iminplaya writes: Sentencing commission ponders extra jail time for proxy users

"Pursuant to the Identity Theft Enforcement and Restitution Act of 2008 (which wound up passing in September as a component of the Former Vice President Protection Act...), the Commission's recommended penalties are supposed to take into account "the level of sophistication and planning" involved in a computer crime. Someone who makes use of "special skills" or "sophisticated means" to break the law gets their offense bumped by two "levels" of severity (out of a total of 43) when it comes time for sentencing. Though a complex table determines exactly what that means in a specific case, in general an increase of two levels seems to be worth an additional four to six months in prison...

A proposed amendment to the commission's guidelines would lump in proxy servers and anonymizers with such tactics:

In a scheme involving computers, using any technology or software to conceal the identity or geographic location of the perpetrator ordinarily indicates sophisticated means...

...if the Commission does decide to define all anonymizing tools as scary "sophisticated means" by default, I modestly propose that they follow their cinematic inspiration all the way, and sentence convicted hackers to be dropped from helicopters by ponytailed martial artists. If we don't stop them now, after all, the only result can be Global Thermonuclear War."
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Crack vs. Powder

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