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 4th Circuit Court of Appeals has invalidated parts of North Carolina’s voter suppression laws, ruling that the requirement to show photo ID was enacted “with racially discriminatory intent.”
Unified Patents raises money from companies that are the target of patent-trolling and then uses it to challenge the most widely used patents in each of its members’ sectors: now it’s going for the gold.
A security guard at Pittsburgh’s fancy Ross Park Mall was fired this week after bringing a gun to work, fooling around with it in the security office, and accidentally shooting a colleague in the arse. The guard was in the mall’s security office at the end of his shift at 11 p.m. and was loading […]
Looks like all of your potential employers are hiring candidates with programming skills (which you don’t have). With all of the languages out there today, it’s tough to know where to start.With the Complete Front-End to Back-End Coding Bundle, you can beef your resume up in all the right places, no confusion necessary. This package of […]
Those of us who love music wish we could listen to it 24/7. But it’s impossible when we’re trying to converse with our friends, or when are swimming in the local pool.That is, until now. The KOAR Bone Conduction Bluetooth Headset, now 48% off, has changed the audio game.Made with lightweight titanium memory metal, this headset boasts patented bone conduction technology to transport sound […]
It’s one thing to enjoy dinner at home and a nice glass of Cabernet Sauvignon with your best friend, Netflix, but it’s another thing entirely to make that meal from scratch and get that wine delivered right to your doorstep.But what if we told you there’s a way to make this possible? To keep your social life, […]