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
Legalist is a startup founded by Thiel Fellow Eva Shang and Christian Haigh, backed by Y Combinator: it will use data-mining to identify people who have been legally wronged by deep-pocketed aggressors and offer to finance their litigation in return for a share of the winnings.
Angela Corey is state attorney for Florida’s 4th Circuit, where she’s put children as young as 12 on trial as adults, facing life in prison — in solitary, because children can’t be mixed with adult populations — without counseling, education, or any access to family.
Most states have no maximum temperature standards for their prisons: combine that with a succession of hottest-months-on-record and a prison system that provides less water than is medically recommended even when it’s not hotter than blazes, and you’ve got a carceral state that is roasting prisoners alive.
If you’re looking to earn a top salary in the tech industry, there’s no better career than coding. However, sometimes the hardest part of entering this career path is knowing where to begin.We took the Complete Web Developer Course because it took that decision out of our hands. This course teaches beginner-friendly coding languages that will also help land an immediate […]
To be a Pokémon master, you’ll need a phone that won’t constantly die on you. Because nothing is worse than seeing the screen go black right as you’ve finally found the Charizard of your dreams.That’s why we’re so excited about the LinearFlux PokeCharger Portable Battery ($39.99). With its 3.0 Amp HyperCharging technology, this slim battery will […]
The tech industry is constantly innovating, and in order to stay competitive, you’ll need to keep up. The Programming Into the Future Bundle was created to teach you the skills employers are looking for at this very moment, including in-demand coding languages like Google Go.The bundle of courses includes instruction on a range of innovative tools that advanced coders […]