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InvisiblePrisoner#1
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Re: My friend has been arrested... [Re: Cepheus]
    #5733594 - 06/10/06 09:29 AM (17 years, 10 months ago)

Quote:

aManEater said:
he didn't steal anything though, he just provided the means for 20k.




he stole 'de facto' by making the program, it's at the least a conspiracy charge
he wrote the code knowing what it's intended use was.

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InvisiblePrisoner#1
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Re: My friend has been arrested... [Re: domite]
    #5733599 - 06/10/06 09:33 AM (17 years, 10 months ago)

Quote:

domite said:
But taking the property of an innocent person, when one's life depends on it seems different to me. Again, im conflicted on this. I understand why it would be considered immoral, but it seems justified to me.




theft is theft, the ends doesnt justify the means, it's simply another excuse to
try and justify a wrong doing as right, shoplifting from a big company is theft
but of course it's not going to hurt them because they make so much and wouldnt
notice it anyway, they write it off and blah blah blah...

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OfflineMaverick
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Re: My friend has been arrested... [Re: Prisoner#1]
    #5733600 - 06/10/06 09:35 AM (17 years, 10 months ago)

Quote:

Prisoner#1 said:
Quote:

DRTMaverick said:
The phreaking he did is liable for a lawsuit and time punishable, but writing the program and distributing it shouldn't.




fphreaking is actualy a crime, not a civil offense

do a little search for Phil Zimmerman and PGP, all he did was say 'no' to the
government regarding a back door in his encryption scheme, he served about 7
years for 'exportation of encryption scheme' when in fact he never exported
anything, conspiracy holds a heavy penalty, what he did was in fact conspire
to defraud.



Quote:

That's like making a gun, then selling it to someone, them going out with your gun and assassinating someone, and it being your fault. You're not in control of what the person's going to do with the gun, or the tools in this case.




making a firearm without a license is illegal, by manufacturing this weapon and
selling it you have in fact comittted a crime that was compounded with
additional crimes by another, again, you're tangled in the conspiracy, had you
never produced the 'tools' you wouldnt be recieving the charges... see how it works?

it's kind of like robbing a liquor store, you pull the gun, the man behind the
counter dies of a heart attack while you're robbing him, had you not robbed him
he may have lived and you wouldnt be getting charged for murder and armed robbery




Aah, phreaking can't be targeted as civil either depending on who they're doing it to?

But you knew what I meant with the fire-arm thing. :P I'm unaware of any laws on the creation and distribution of programs like his, though I'm sure there are, I'm just not aware of it.

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InvisiblePrisoner#1
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Re: My friend has been arrested... [Re: Maverick]
    #5733635 - 06/10/06 09:51 AM (17 years, 10 months ago)

Quote:

DRTMaverick said:
Aah, phreaking can't be targeted as civil either depending on who they're doing it to?




actualy it is criminal and civil suits that can be filed, it falls under theft,
civil damages come from any losses they incured as a result.

Quote:

I'm unaware of any laws on the creation and distribution of programs like his, though I'm sure there are, I'm just not aware of it.




even if the laws dont specificly name a method, it's pretty obvious that there are laws, your friend is in jail isnt he.

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OfflineCepheus
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Re: My friend has been arrested... [Re: Prisoner#1]
    #5734992 - 06/10/06 05:43 PM (17 years, 10 months ago)

Quote:

Prisoner#1 said:
Quote:

DRTMaverick said:
Aah, phreaking can't be targeted as civil either depending on who they're doing it to?




actualy it is criminal and civil suits that can be filed, it falls under theft,
civil damages come from any losses they incured as a result.

Quote:

I'm unaware of any laws on the creation and distribution of programs like his, though I'm sure there are, I'm just not aware of it.




even if the laws dont specificly name a method, it's pretty obvious that there are laws, your friend is in jail isnt he.




hes in federal custardy awaiting trial. 19th june is the court date. hopefully it shouldn't be too bad... else the reality of law will impose itself on my life.

I guess you never really appreciate the law untill it bites you in the ass.


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