EFF has retracted this post
The Electronic Frontier Foundation's Trevor Timm explains a disturbing and overlooked fact about the trial of Bradley Manning; the charge-sheet against him included two separate felonies under the Computer Fraud and Abuse Act, an ancient anti-hacking statute that has been used as a club to threaten security researchers and activists like Aaron Swartz. The CFAA makes it a separate offense to leak classified information using a computer, such that anyone caught doing so can be charged twice: first under the Espionage Act and again under the CFAA.
This gives tremendous and terrible leverage to prosecutors, who come to the negotiating table with double the ammo: "We'll drop the CFAA charges if you plead guilty to the Espionage Act charges" (or vice-versa). The reality is that there's nothing special about using a computer to leak documents -- indeed, these days you'd be hard pressed not to use a computer -- now that photocopiers, fax machines, phones, cameras and even the daily paper are all built out of computers.
Several Congresses have failed to modernize the CFAA, because the DoJ has forcefully argued that the ability to threaten people with decades in jail for simply using computers has given them the leverage to force "bad guys" to plead guilty, rather than getting a day in court.
The Judiciary Committee basically copy-pasted the Espionage Act into the CFAA, but forbid "use of the computer" rather than accessing the documents. So there you have it: they specifically wanted to make the isolated act of using a computer a separate crime.
In the government’s mind, the Espionage Act can be used to punish a leaker of information, and if that person merely used a computer to get that information, they are guilty of an additional felony. So someone who emails documents to a journalists it got off a government computer will face ten more years per charge, than a government official who photocopied documents he got off a shelf and physically mailed them to the same journalist.
Of course, leaks to the press should never be equated with espionage, regardless of what statute is used. But this is yet another example of the government using knowledge of computers to unjustly ratchet up penalties on a crime that caused little or no harm.
Bradley Manning Faced Harsher Prosecution Merely Because His Leaks Involved a Computer
Edinburgh’s Nahid Akram installed a CCTV system that let him record his downstairs neighbours Debbie and Tony Woolley in their back garden, capturing both images and audio of their private conversations, with a system that had the capacity to record continuously for five days.
Internet traffic nowadays is mostly encrypted (“HTTPS”). Thus, for a few years now, Law Enforcement Agencies (LEA) have been facing far more challenges at gathering data through the interception of connections than they used to.
Civil asset forfeiture is the bizarre American practice of seizing peoples’ property without charging its owner: instead the property is charged with being the ill-gotten gains of a crime, and if the owner doesn’t pay their property’s legal bills, the police get to keep or sell the property.
Python is immensely popular in the data science world for the same reason it is in most other areas of computing—it has highly readable syntax and is suitable for anything from short scripts to massive web services. One of its most exciting, newest applications, however, is in machine learning. You can dive into this booming […]
Learning new skills is a great way to improve your resume and stand out from other candidates. Especially in a workforce in which many job-seekers have a wide variety of qualifications. With lifetime access to Virtual Training Company, you won’t have to choose a specific focus. You can pick up new expertise whenever you deem it […]
Instead of throwing out all the empties after your next party, why not transform them into some new DIY glassware? Cut back on waste and add some home ambiance with the Kinkajou Bottle Cutter and Candle Making Kit.The Kinkajou is designed as a clamp-on scoring blade to make precise cuts. Just slide a bottle in, tighten […]