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From anandtech: "Being prosecuted by State of Georgia for RC5!"

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  • #31
    I sent this letter to the Governor of Georgia using the link supplied on the site there. (I am signator #11,475 to the petition)

    Governor Barnes,

    While it may be true that David McOwen used computer equipment entrusted to his care for uses unapproved, he did so without any criminal or other harmful intent, knowing as he did that this software would use only unused cycles in the said computers. His actions cannot be said to have resulted in any harm to the owners of these computers, and indeed many of these distributed programs (which would be equally prosecutable for using in this way) are of great benefit to mankind, such as the cancer and genome projects. Further, the bandwidth McOwen used in this case was probably no more wasteful of resources than had he used the school phone to call home. And for this the State of Georgia thinks he should not only lose his job and become untouchable by other employers (as if this was not bad enough), but that he should be prosecuted to the fullest extent of the (extremely poorly thought out) law, which includes punishment more severe than many murderers receive, and extremely exhorbitant fines. That such legislation exists and can be abused so in its enforcement should be embarassing to those who drafted it. I'm sure the intent of this law was to stop true harm from being done to computer networks and not to ensnare an easy target like Mr. McOwen, who probably could not have imagined that such penalties existed for the very minor offense of which he is guilty. Nevertheless, laws in general which define offenses so broadly and show a complete lack of regard for what little true harm was done when committing said "offenses" ensure nothing but abuse in their enforcement. Further, the outrageously severe punishment proscribed here for something which did no harm and had no criminal intent associated with it distorts all that a decent society should value. Those seeking this prosecution are guilty of infinitely more evil than he whom they accuse. They have destroyed the life of a decent citizen on a whim because the law allowed them to do so.

    When mundane things become crimes, we all become criminals; enforcement authorities are then free to prosecute anyone they choose, perhaps based upon nothing but whim or bribery. This is known as a police state. Is this what Georgia has become? Your pardon power can answer this question, and I encourage you to use it. Further, this law must be reformed so that it is no longer an offense to the public interest as it so obviously has been shown to be in the McOwen case. Thank you for your time and considered thought upon this matter.

    Sincerely,

    Charles Morris
    Let's hope he gets a good lawyer in any case..

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    • #32
      Maybe we should start a list of questions for the defense lawyer to ask:

      Such as:
      Was NetBeui or NetBios (including NB over IP) running on said network?
      If so, then that wasted more bandwidth in a month, than many distributed apps would in the same period of time. Just to keep the network running.

      How many people accessed some form of "streaming" audio/video source (such as ESPN, or FOX-NEWS or local NEWS channel)? And why aren't they being prosecuted, since that will eat more bandwidth in an hour than a distributed app will use in several months of operation?
      Gaming Rig.

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      • #33
        update http://www.theregister.co.uk/content/6/23477.html
        According to the latest official figures, 43% of all statistics are totally worthless...

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        • #34
          And finally he has to pay 2100$ and do 80 hours of community service.

          .xyz is for every website, everywhere.® We offer the most flexible and affordable domain names to create choice for the next generation of internet users.


          mfg
          wulfman

          [edit] added a c
          Last edited by Wulfman; 19 January 2002, 04:19.
          "Perhaps they communicate by changing colour? Like those sea creatures .."
          "Lobsters?"
          "Really? I didn't know they did that."
          "Oh yes, red means help!"

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          • #35
            Well if it turns out to be correct its good to see that they came to their senses.........mostly ,I still think even that punishment is rather ridiculous.

            Thanks for the link btw
            Team AnandTech - SETI@H, Muon1 DPAD, F@H, MW@H, Asteroids@H, LHC@H, Skynet POGS.

            Main rig - Q9550 @3.6 GHz, HD 5850 (Cat 13.1), 4GB DDR2, Win 7 64bit, BOINC 7.2.42
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