Hacking, Crime and Punishment

This purpose of this paper is to explore the consequences of computer hacking and cracking in the United States. It briefly covers the laws affecting computer hacking and their appropriateness. A large section is devoted to the arguments for and against hacking in the attempt to identify the benefits and losses to individuals, businesses, and society as a whole of such activities. The analysis of the pros and cons of hacking is essential in determining the weight of punishment attached to computer security related crimes. Finally a recommendation of what needs to be reviewed and changed, and what is acceptable.

1 – Introduction – The predator and the prey

2 - Issue – do our laws adequately and responsibly deal with hacking.

2.1 – Does the punishment fit the crime?

2.2 – Does hacking have any redeeming qualities?

3.1 – Does the punishment fit the crime?

CA Penal Code 502 and the Digital Millennium

Anti-Terrorism Act of 2001 and the CFAA

California State College Responsible Use Policy

Difficulty and cost of prosecution

Lack of confidence hurts online businesses

. . .

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They claim that the laws concerning hacking are unfair and the punishments out of proportion with crimes of a similar nature. This to many is an outrageously high penalty for such a minor offense. Software engineers would be a lot more likely to test their code more thoroughly and quickly patch problems if they knew that they could be taken to court as a result of their negligence. Companies may then benefit from their expert knowledge of systems to create superior products and offer improved services.

Hacking enthusiasts and civil liberties organizations like EFF have complained that in some cases the punishments far outweigh the crime. 1 – Does the punishment fit the crime?

In the state of California, residents are subject to CA Penal Code 502, which states among other things:

Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or makes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. These individuals frequently go on from their mostly harmless juvenile hacking to become competent technicians and professionals. Even if not legally bound, according to the joint ACM-IEEE Software Engineering Code of Ethics, software engineers are ethically obligated to address security concerns and accept responsibility for the failure to do so under sections 3. 2 – Does hacking have any redeeming qualities?

While many people perceive hacking as a purely destructive activity, there may be some benefits to it.

Law enforcement argues that such harsh penalties aide in getting plea-bargains out of suspects. This saves them an immense amount of time and money, which allows them to spend more money on other important issues, like fighting the “Drug War” or investigating violent crimes. He recognized a few of the ports, 21, 134, and 31337.

Any person who violates any of the provisions .

Approximate Word count = 2479
Approximate Pages = 10 (250 words per page double spaced)

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