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| No | 15% | 156 votes | Total: 1018 votes | |
| Yes | 85% | 862 votes |
While I can appreciate the sentiment when someone has to deal with the frustrations associated with a system that has been compromised, the reality is that many supposed "hackers" aren't necessarily within any jurisdictional boundary that would help. Even if I agreed with the sentiment of putting virus authors in jail, the question would be; how?
Whether you like it or not, the responsibility ultimately lies with the user to minimize the likelihood of exposure to malicious software, and therein lays the problem.
The difficulty is that too many people have acquired technology that they are ill-prepared to use and have virtually no knowledge of how it works. While some may accuse me of blaming the victim, there is ample reason to do so. You wouldn't think of buying a car and then complaining that you had to know how to steer it to avoid hitting objects, so it is with computers.
Clearly a computer that is simply placed in the home is not likely to experience problems, so the difficulty occurs when people venture outside their homes into the cyber-world of the internet. Just as the real world, once you leave the safe confines of your home, there is no guarantee as to what you may encounter or the impact it may have on you.
Therefore, it is important that people understand some of the basics in computing and take appropriate precautions.
In order to acquire a virus, one must download a program that is capable of running instructions on your machine which, depending on its sophistication, can then perform any number of functions according to its design. Therefore your first order of defense is to minimize what may be downloaded without your knowledge.
NEVER open an e-mail attachment that isn't from a completely trustworthy source and if there's any question whatsoever, confirm what was sent to you with the originating party.
Be wary of popular websites or file sharing software since many of these locations will distribute spyware or adware. You should also ensure that you have a good spyware/adware detection program to help root out some of the problems.
Many problems on systems are not viruses at all, but rather a large number of spyware/adware programs that are consuming all the background resources. This usually results in a system running extremely slow, or experiencing errors as these various pieces of software all compete for control.
Use a personal firewall or exploit one that is present in your router.
Do NOT become complacent simply because you installed some virus protection software and think that you're off the hook. Using the internet always presents risks, and you must remain on guard regarding what is being downloaded.
Also, don't be gullible. If a window pops up saying that your computer is infected and to click on this to automatically download protection software, you need to close out quickly. Clicking on the pop-up and then watching the malicious software being downloaded isn't going to help your cause.
Similarly when you get spam e-mails and there is an entry at the bottom indicating that you can click on this to be removed from their mailing lists, resist the temptation and ignore it. Spammers find legitimate e-mail addresses by people clicking on these types of options. These same warnings apply to phishing, which is the act by which e-mails attempt to get personal information from you regarding bank accounts.
Use common sense, and don't give credence to the various panic alerts that you may get from time to time. A little research on the internet will show many frauds and hoaxes that are being perpetrated so you can avoid becoming a victim.
Do NOT ever respond immediately to an e-mail or a pop-up simply because there is the illusion of urgency. Your computer isn't going to blow up, nor is it going to be saved by the click of a mouse on an unknown web site.
I won't pretend that these suggestions even come close to approximating all the situations you may encounter. I've laid them out so that there is a starting point for exploring the world of internet security. There is no solution that can be achieved by simply buying a single piece of software and relaxing.
One additional piece of advice I would give is avoid going on a "deletion" rampage, where you think you'll fix up your system by removing everything you think doesn't belong. I have seen more harm done to systems by "do-it-yourself" users that had no idea what they were doing, than by the virus itself.
Don't be so quick to judge the activity known as "hacking". For every action that can be "bad", it may also be used for "good". When an office computer was inaccessible because of a corrupted password, there were no complaints when access was restored by methods that would certainly qualify as "hacking".
If all else fails, always be sure to have adequate backups of data and files that you want to preserve. Given the technology available for CDs and flash drives, there is no excuse for not having another copy of important data should the system become compromised.
As with most experiences in life, the better educated and prepared we are, then the less likely we will become victims of those that would take advantage. Therefore, the best protection against malicious software is to take the time to educate yourself and to behave prudently when venturing into uncharted territory.
As for the initial question, consider that you would have to demonstrate that the distributed piece of software was malicious and not simply error-prone. Also, that the author intentionally distributed the software with the intent of doing harm, and that the author resides in a location where you could prosecute such an offense. Frustrating or not, the internet is a world-wide phenomenon and if you want to venture out into it, you had better be prepared.
Learn more about this author, Gerhard Adam.
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In 2005, Sven Jaschan, the notorious hacker who was responsible for the Sasser virus was given a suspended 21 month sentence by a German Judge. At the same time, Andrew Phillips of Texas faced a 2 to 5 year sentence for disabling a university computer system. On one gamers forum, hackers are discussing their brief, multiple bans form their internet service providers for minor episodes of introducing code that help them to cheat.
Virus writers include those who are paid to write the spy ware that infests our computers, tracking everything that we do after we visit legitimate sites. Virus writers invite themselves to "explore" the weaknesses in computer security and offer to help by letting major systems know how they accomplished various intrusions. Virus writers write code in order to commit thefts of varying magnitude. Virus writers use malicious code to destroy computers and to shut down systems.
There are two groups of illegitimate virus writers: "Hackers" and "Crackers" Hackers put themselves in the higher position, claiming that they do what the do for the artistic, intellectual or other benign joy of it. Crackers are represented as the truly malicious who set out for criminal or destructive purposes. The problem with the self definitions is that these are self definitions. Society simply does not accept any legitimate purpose for self invited production of unauthorized code.
When it comes to bringing these individuals to justice, the first instinct is to fit the punishment to the crime. A mere gaming hacker who is writing code in an attempt to cheat the system may just be denied access to the game or the gaming site. A "Hacker" who is apprehended while trying to insert viruses into a major system can be punished severely enough for the act by spending time in the general jail or prison population. The same "Hacker" can take on a longer sentence or a change in felony status when damage occurs.
A "Cracker" who steals money or causes major damage can join the general prison population for lengthy sentences, lifelong probation, and permanent monitoring.
But these are resourceful individuals, some of whom have serious personality adjustment and social adjustment disorders. It might not be possible to insure that punishment has served as a deterrent, given their obsession and comprehension of cunning ways to gain access to computer networks. More stringent sentencing that limits access to computing devices and those who have access to them is required. We can't even prevent extremely dangerous child molesters from being released to harm or kill, so it will be difficult to gain the power needed to keep hackers and crackers from plying their skills.
With the exception of increased attention to hackers with the intent to conduct terrorism or treason, the sentencing guides still allow wildly varied consequences for hacking and cracking, from plea bargains for credit card theft, to decades of felony sentencing for multiple hacks into school systems where grades were changed.
Yes, virus writers should go to jail, but depending on the severity of the crime, whether the hacker mitigated by offering an improvement to security weaknesses, and with an additional component of being on a permanent, national registry, just as a sex offender has to be on a registry.
CBS News "A Who's Who Of Hackers"
"An Educator's Guide To Hacking"
Learn more about this author, Elizabeth M. Young.
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