Date: Mon, 8 Oct 2001 13:36:00 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: Life in prison for hacking too stiff By YAEL LI-RON
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<http://www.contracostatimes.com/computing/stories/o07yael_20011007.htm>

Published Sunday, October 7, 2001

Life in prison for hacking too stiff YAEL LI-RON: USER FRIENDLY

A NEW BILL currently being considered in Congress calls for life in prison without a possibility of parole for people who engage in computer trespass (also known as hackers). Obviously, the Anti-Terrorism Act (ATA) is the direct result of the Sept. 11 attacks, but several organizations are already crying foul over its implications.

Most noticeably, the Electronic Frontier Foundation (EFF) has publicly condemned the ATA, saying the punishment is too severe, potentially sending "relatively harmless pranksters" to prison for life. The bill treats low-level computer intrusion, already a crime under existing laws, as an act of terrorism.

Which means that a misguided teen-ager who engages in breaking and entering into a computer network somewhere will be tantamount to committing an act of terrorism and will go to prison forever. Murderers often get less than that. Yet Attorney General John Ashcroft is asking Congress to rush the bill's passage, which doesn't give us a whole lot of time to let our elected officials know how we feel about that bill.

The bill's retroactive

The ATA also has far-reaching implications on privacy and the Fourth Amendment by clearing the way for wiretaps without court orders. In particular, your e-mail and voicemail are not private anymore, nor are your Web browsing habits (the latter can be easily tracked by inspecting the contents of your cookies). And the proposed bill doesn't take any chances -- it applies retroactively, too.

The bill will no doubt hasten the wide use of the controversial Carnivore snoop program used by the FBI, which can crack just about most any encoded message posted to the Web or e-mail. Sure, we need to find and stop terrorists for good, but if we give up our civil liberties today, we'll never get them back.

The ACLU naturally joins the fight against the direction the ATA is taking, saying "We need to ensure that actions by our government uphold the principles of a democratic society, accountable government and international law, and that all decisions are taken in a manner consistent with the Constitution."

FTC's role

In a related story, FTC chairman Timothy J. Muris announced last week that his agency won't seek more aggressive online privacy laws, which the Congress last year was set to consider. In fact, according to the Electronic Privacy Information Center (EPIC, www.epic.org), another civil-liberties watchdog, more than 200 new privacy laws have been proposed in Congress in the past year, and not one of them ever made it to a committee.

To find out more about the ATA and to find what you can do about it, check out the EFF's Web site (www.eff.org), where you can get a sample letter for forwarding to your legislator. Or visit the ACLU's site (www.aclu.org) for more writing on the subject and another letter-writing campaign. Another privacy organization, the Center for Democracy and Technology (www.cdt.gov) also has excellent information about this topic as well as an online petition you can sign.

Yael Li-Ron has been writing about computers and the Internet for 15 years. A former magazine editor and the co-author of several how-to books, these days she keeps busy as a freelance writer and a user-interface consultant to software developers. Reach her through her site, www.tipx.com

©2001 Contra Costa Newspapers, Inc.


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