this post was submitted on 23 Sep 2024
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Privacy
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No? That's nothing close to what I said? I said that the law as it's written could very likely be interpreted in a way that achieves a just outcome, as long as people involved have adequate understanding of technology.
If this guy was living in America, the only thing protecting him would be prosecutorial discretion, which would be bad news for him, because absent that, he'd be looking at real jail time. Because your argument is that lawyers and judges can nullify the law with their outside expertise on topics other than the law, but they can't. That is not something they are empowered to do.
I'm outsourcing the rest my response to Llama because i think you need a more in-depth response then I'm willing to type out on my phone screen.
The prompt was just to summarize the CFAA, something an LLM is actually useful for:
The Computer Fraud and Abuse Act (CFAA) is a federal law in the United States that was enacted in 1986 to address various forms of computer-related crimes. Here's a summary of the key aspects of the CFAA:
Purpose: The CFAA aims to prevent and punish unauthorized access to computers, computer systems, and computer data, as well as to protect against malicious activities that can cause harm to individuals, businesses, and the government.
Key Provisions:
Penalties:
Notable Cases:
Criticisms and Controversies:
Overall, the CFAA is a complex law that aims to address various forms of computer-related crimes, but its broad language and harsh penalties have raised concerns about its impact on security research, free speech, and individual rights.
JFC why do people always do this shit? Repeatedly insist on misrepresenting someone's argument even when they have explicitly explained why the misrepresentation is wrong…
Okay, then if that's not what you mean by the above, please explain your real intent.
Because that blog post documents at least three separate types of violations of the CFAA:
Unauthorized access, computer fraud, and computer trespass.
So I'm not sure what special technical knowledge the judges or lawyers involved could have that would resolve the case without a conviction, unless you mean that because they have that knowledge they understand how arcane and unjust the CFAA law is, and would move to nullify it.
But you're adamant that is not what you mean, so help me understand.
Just read the comment I literally made before you made that reply. It explains it pretty precisely.
It comes across as someone who genuinely believes that American legal system is either technocratic, or otherwise operating on an alternative set or principles that aren't currently present.
And in this aspirational version of the American legal system, the CFAA wouldn't exist, and this gray hat whistleblower would be afforded some legal protections for documenting the gross negligence of that service provider.
But if we're stuck operating in reality as it currently exists, he'd be SOL and there'd be no technocratic mechanisms to save him, except for prosecutorial discretion.