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
The use of the term “accident” gives cops and courts the cover to excuse murder. In a brutal editorial, Hsi-Pei Liao talks about his daughter, who was killed by a driver when she was three. The driver got a ticket for failure to yeild and failure to use due care, and those tickets were eventually […]
With this year’s “ag-gag” law, Wyoming has made it a crime to gather evidence of agricultural wrongdoing, from illegal pollution to animal cruelty, even from public land — and also prohibits regulators from acting on information gathered in violation of the law.
Former IBM division Lexmark (which, a decade ago, lost a key copyright case that tried to ban ink-toner refilling) is headed to court in a patent case called Lexmark v. Impression, where it argues that patent law gives it the right to restrict your use of your property after you buy it.
SitePoint Premium is the ultimate e-learning library for web developers, designers, and digital professionals. Famous for their web development books written by industry leaders, they’ve expanded their content library to include in-depth video courses and short, handy screencasts partnering with A Book Apart and UX Mastery. Whatever you want to achieve in your web career, […]
Skip the technical jargon and get right to taking amazing, professional-quality photos with this complete training. The Hollywood Art Institute Photography Course includes 22 modules filled with tutorials on how to profit off of your photography, or simply capture your memories in the manner they deserve.Accredited by the Photography Education Accreditation CouncilDive into this 22 […]
Power up your gadgets in the most unexpected places with the extremely compact SolarJuice battery pack. SolarJuice charges up at home like your average battery pack, but also lets you add extra juice on-the-go using its built-in solar panel—so you’ll never be left unplugged from the digital world.4.5 Stars on Amazon!Simultaneously charges 2 devices at […]