🚀 go-pugleaf

Well, Mike, there do seem to be people here discussing only the particulars
of the Morris case, and others who wish to discuss the whole question of
computer crime sentencing and deterrence.

I think the issues are closely related.  Robert Morris, as the first
famous conviction under these statutes, sets a precedent in more than
just the legal sense.  As such I think I am addressing your question.

You suggest that there was no increase in computer intrusions and related
offences after Morris was sentenced.  It's a hard thing to measure, but
given that it's true, should this be surprising?  It is in fact, what
we would expect.

When you have a new crime, and people are cavelier and do not fear punishment,
and do not consider punishment greatly in their actions.  If deterrent works,
then when they see punishment that frightens them, they should reduce their
activity.

That there would be an increase after light sentencing would imply that
people are sitting scared, waiting to do computer crimes, and that once they
saw a light sentence they would proceed apace.   I doubt it.

I can't say we even know for sure if deterrence works here.  There are some
offences which punishment does not really deter.

As for what Morris deserved?  Well, there seem to be many opinions on that.
There is not strong evidence of malice, so one can't be too critical of the
judge for delivering a light sentence.  On the whole, people tend to get
a bit worked up over this one.  They yell because they had to spend in most
cases a few hours or at most a day futzing around with their systems -- as if
this doesn't happen all the time for natural reasons.

When a case is tried that has more malice and intent, but not enough to
warrant hard time, I suggest a probationary condition which forbids not
using computers, but employment or contracting to work with them.  This is
far milder than jail time, but I think could be a frightening deterrent to
certain classes of offenders.
-- 
Brad Templeton, ClariNet Communications Corp. -- Sunnyvale, CA 408/296-0366