Yes, this is why the overly broad definition of "terrorist" under some 
bills speeding through the US legislature is going to cause lots of problems.

Some of the scaling of penalties for criminal hacking has already been on 
the high side. A number of convicted hackers got stiffer sentences than 
people who commit aggravated assault or homicide. Now, if a person 
convicted of computer crimes is deemed a terrorist, they can really face 
life imprisonment or other nasty measures.

Worse, and this is from a quick speculation, groups, publications, etc. 
that seem to support computer crimes might fall under anti-terrorism 
provisions. 2600, for example, a magazine that does operate well within the 
US first amendment could face new hassles. User groups that have some 
sympathetic discussions of hacking could be sailing into dangerous waters. 
So on. In the past, measures against "fifth columnists", "anarchists", and 
"Reds" have been used to suppress the freedom of speech, peaceful assembly, 
and press as well as other liberties.

The Microsoft & Windows angle is one that I think might be going on in the 
background. Before the terrorist attacks of 9-11, there were some laws and 
prosed laws that would give Microsoft and other closed code businesses some 
nasty leverage against open source world. One of them was a bill that, if 
passed into law, would require all "interactive devices" (what a broad 
term!) to meet an industry "security" standard to be established. The 
"security" standard was not for security in terms of reducing denial of 
service attacks, break-ins, and such but to enforce digital rights 
management for publishers and vendors. With that Microsoft, Disney, Sony, 
etc. could try to press a claim that open source software somehow violates 
this law because the DRM enforcement could be removed or overridden. More 
problematic is that possibility of hardware firmware changes to comply 
being encouraged to foul up open source operating systems while Microsoft 
would be very compliant. (Naw! Microsoft has never played around to trip up 
competitors in regards to software standards and system calls. <satirical 
grin>) With the new possibility of sweeping hackers (both criminal and 
non-criminal ones) under the terrorist & terrorist supporter label might 
prove very useful for MSC even if the corporation isn't saying much about 
it. They don't hat to say much.

One of the things that open source community can emphasize is the fact that 
the code is open, it is hard for anybody to sneak things into software that 
undermines security. While that migh foil things such as backdoors for 
intelligence agencies, it also foils backdoors or bobby trap code for 
terrorists and criminals.

More later.

J.D. Abolins

At 10:03 PM 9/26/01 -0400, William R. Mitchell, Jr. wrote:
 > Not that I have any sympathy whatsoever for hackers,
 > but just don't see how the punishment would fit the crime.
 >
 > Crime with a gun  =  3 - 5 years. Crime with a keyboard = Life?!?
 >
 > Give me a break!  I bet Billy Gates is pushing for this to deter people from
 > hacking throught the piss-poor security in Wndoze!


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