It’s twofold…one is that the actual laws in place that cover “hacking” are incredibly vague and nonsensical. Second is that the legal punishments and fines associated are insane and have no actual relation to the crimes committed.
The US Computer Fraud and Abuse Act, which is what he was being charged under, notes that illegal hacking is whenever access to “protected computers” is done “without authorization or exceeding authorized access”…which who knows what the fuck that means.
It’s incredibly vague because then it allows prosecutors to practically go after anyone they want for doing anything. Who defies what computers are “protected” and what it means to “exceed authorized access”? How can using the MIT network, which is open, and JSTOR, which is a free archive, mean that someone had unauthorized access to protected computers?
By the same standard of which they charged him, hypothetically they could do so with anyone that used a browser plugin that masked their exact IP or identity or even a remote VPN connection when logging into Hotmail. Because then you’re trying to access Microsoft’s protected computers anonymously which might be still allowed by them but is still technically without explicit authorization. BOOM, YOU ARE CRIMINAL
It doesn’t mean prosecutors can win the case very often, because these type of CFAA suits are often thrown out or not supported by judges or juries in court, especially in lawsuits between big companies…but it allows prosecutors to accuse anyone of anything, and for normal civilians without a team of corporate lawyers on retainer, you’re already screwed.
The penalties are also driven largely by the creative rights industries, which are big on pushing huge fines and sentences for copyright infringements. Minimum sentences for convictions for some of these laws are like 5 years, with it going up to like 20 or life in prison for computer fraud…like how does it make sense for anyone to be able to do anything with a computer that nets them LIFE IN PRISON, short of like physically using a computer to bludgeon a man to death?
There’s no basis in reality for the penalties of these types of crimes to have punishments of this scale.
The legal system in place to police computer stuff is crazy, largely because people with a lot of money are overly protective of all these young ruffian hacker types from cyberporting their money out of their e-coffers via internet tubes, so they have to crack down on any computer related crime in general.
Blame the Jews that run Hollywood and all the record industries. THAT’S WHO WE SHOULD DIRECT OUR HATE TOWARDS