Underground: Hacking, madness and obsession on the electronic frontierDreyfus, Suelette
Science
Underground: Hacking, madness and obsession on the electronic frontier
Dreyfus, Suelette
Computer crimes -- Australia; Computer hackers -- Australia -- Biography; Computer security -- Australia
Although Day does perhaps take himself somewhat seriously, it can't be
much fun for him to deal with this monkey business week in and week
out. More than one hacker has told me with great excitement, `I know
someone who is working on getting Day's home number'. The word is that
a few members of the underground already have the information and have
used it. Some people think it would be hilarious to call up Day at
home and prank him. Frankly, I feel a bit sorry for the guy. You can
bet the folks in traffic operations don't have to put up with this
stuff.
But that doesn't mean I think these pranksters should be locked up
either.
If we, as a society, choose not to lock hackers up, then what should
we do with them?
Perhaps a better question is, do we really need to do anything with
them?
One answer is to simply ignore look-see hacking. Society could decide
that it makes more sense to use valuable police resources to catch
dangerous criminals--forgers, embezzlers, white-collar swindlers,
corporate spies and malicious hackers--than to chase look-see hackers.
The law must still maintain the capacity to punish hard where someone
has strayed into what society deems serious crime. However, almost any
serious crime committed by a hacker could be committed by a non-hacker
and prosecuted under other legislation. Fraud, wilful damage and
dealing in stolen property are crimes regardless of the medium--and
should be punished appropriately.
Does it make sense to view most look-see hackers--and by that I mean
hackers who do not do malicious damage or commit fraud--as criminals?
Probably not. They are primarily just a nuisance and should be treated
as such. This would not be difficult to do. The law-makers could
simply declare look-see hacking to be a minor legal infringement. In
the worst-case scenario, a repeat offender might have to do a little
community service. But such community service needs to be managed
properly. In one Australian case, a corrections officer assigned a
hacker to dig ditches with a convicted rapist and murderer.
Many hackers have never had a job--in part because of the high youth
unemployment in some areas--and so their community service might be
their first `position'. The right community service placement must
involve hackers using their computer skills to give something back to
society, preferably in some sort of autonomous, creative project. A
hacker's enthusiasm, curiosity and willingness to experiment can be
directed toward a positive outcome if managed properly.
In cases where hacking or phreaking has been an addiction, the problem
should be treated, not criminalised. Most importantly, these hackers
should not have convictions recorded against them, particularly if
they're young. As Paul Galbally said to the court at Mendax's
sentencing, `All the accused are intelligent--but their intelligence
outstretched their maturity'. Chances are, most will be able to
overcome or outgrow their addiction.
Public-domain text, read in full here on John Shaqi.
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