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Message-Id: <199503092232.OAA04895@gwarn.versant.com>
To: Hungary-Online@hungary.yak.net
Subject: Re: (HOL) Yes. Markoff sucks. 
In-reply-to: Your message of "Thu, 09 Mar 1995 14:00:53 PST."
             <9503092200.AA09695@sbe1.sbei.com> 
Date: Thu, 09 Mar 1995 14:32:33 -0800
From: strick -- henry strickland <strick@versant.com>
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Reply-To: Hungary-Online@hungary.yak.net

THUS SPAKE gabor@sbei.com (Gabor Fencsik):

# Even if you find Markoff's
# language too hyperbolical for your taste, do you consider Mitnick's 
# and Shimomura's activities morally equivalent?  Or can you detect
# any difference?  Just wondering...

Personally, I certainly see the moral differnece, and I don't mind
Mitnick being charged with a crime, and convicted.  If he repeated
broke into yak.net, I'd certainly feel the same.

But my bottom lines were

        -- if he's so bad, why can't he be charged with Doing A Bad Thing,
           instead of an "U S interstate network + criminal intent" 
           thought crime.  A crime past, instead of the possibility
           of a crime future.

        -- 20 years is disproportionate to the sentances commonly given
           people in the U S that do other Actual Bad Things that I 
           enumerated

        -- even if Mitnick is scum and guilty as hell of actual bad
           things, this sets precedent in the public view for others
           young hitech type people to be convicted to many years for
           thought crimes, with only hype as evidence



Thinking more about it, how did Shimomura learn to track down
cellular phone calls, without vioilating exactly the same law? 

Listening to cellular phone frequencies has been a crime in the U S for
a couple of years now.   And Shimomura must have done it at least once
recently, before teaching the cops how to do it.  And it's almost
impossible to escape the "interstate commerce" loopholes nowadays.


This is not a proper way of distributing justice.      strick



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