It is certainly proper to hold hackers accountable for their offenses, but that accountability should never entail denying defendants the safeguards of the Bill of Rights, including the rights to free expression and association and to freedom from unreasonable searches and seizures. We need statutory schemes that address the acts of true computer criminals (such as those who have created the growing problem of toll and credit-card fraud) while distinguishing between those criminals and hackers whose acts are most analogous to noncriminal trespass. And we need educated law enforcement officials who will be able to recognize and focus their efforts on the real threats.
Predictor: Kapor, Mitchell
Prediction, in context:In a 1991 article for Scientific American, Electronic Frontier Foundation co-founder Mitchell Kapor states: ”There is a common perception that a defense of electronic civil liberties is somehow opposed to legitimate concerns about the prevention of computer crime. The conflict arises, in part, because the popular hysteria about the technically sophisticated youths known as hackers has drowned out reasonable discussion … How do we resolve this conflict? One solution is ensure that our scheme of civil and criminal laws provides sanctions in proportion to the offenses. A system in which an exploratory hacker receives more time in jail than a defendant convicted of assault violates our sense of justice. Our legal tradition historically has shown itself capable of making subtle and not-so-subtle distinctions among criminal offenses … It is certainly proper to hold hackers accountable for their offenses, but that accountability should never entail denying defendants the safeguards of the Bill of Rights, including the rights to free expression and association and to freedom from unreasonable searches and seizures. We need statutory schemes that address the acts of true computer criminals (such as those who have created the growing problem of toll and credit-card fraud) while distinguishing between those criminals and hackers whose acts are most analogous to noncriminal trespass. And we need educated law enforcement officials who will be able to recognize and focus their efforts on the real threats.”
Biography:Mitchell Kapor founded the Lotus Development Corporation and also founded the Electronic Frontier Foundation with WELL (Whole Earth ‘Lectronic Link) members John Perry Barlow and John Gilmore in 1990 in direct response to a threat to free speech. He was an outspoken supporter of open access to the Internet, and was asked to speak in many venues about the issue, including Congressional hearings. (Pioneer/Originator.)
Date of prediction: January 1, 1991
Topic of prediction: Controversial Issues
Subtopic: Crime/Fraud/Terrorism
Name of publication: Scientific American
Title, headline, chapter name: When Does Hacking Turn From An Exercise of Civil Liberties Into Crime?
Quote Type: Direct quote
Page number or URL of document at time of study:
http://www.eff.org/Publications/Mitch_Kapor/cyberliberties_kapor.article
This data was logged into the Elon/Pew Predictions Database by: Anderson, Janna Quitney