http://www.bitsbook.com/2009/04/should-using-a-proxy-make-a-crime-worse/ Your Life, Liberty and Happiness After the Digital Explosion Tue, 16 Mar 2010 02:35:45 -0400 http://wordpress.org/?v=2.9.1 hourly 1 http://www.bitsbook.com/2009/04/should-using-a-proxy-make-a-crime-worse/comment-page-1/#comment-1657 Andrew A. Fri, 17 Apr 2009 07:27:36 +0000 http://www.bitsbook.com/?p=435#comment-1657 I don't like the approach of these kind of laws that aim to fix one problem by attacking another issue. The problem that we want fixed is some crime done with a computer, not using proxies. As you stated in your article, there are many legitimate uses for proxies. I believe that proving a defendant used a proxy connection in the commission of a crime would help demonstrate the defendant's intentions and knowledge that the act they were committing is not allowed. Otherwise, why would someone go to the trouble of trying to mask their identity with a proxy? They wouldn't. If this logic were demonstrated by the prosecutor in court, the judge and jury should be more likely to convict the defendant. Clearly, a crime that someone accidentally commits should carry less severe punishment than a crime committed with planning and knowledge that the act was wrong. If the government wants to increase the punishment for serious computer crimes, perhaps they should just increase the sentencing guidelines for "first degree" premeditated, intentional computer crimes, and allow the prosecution to present evidence of proxy use as evidence of the defendant's intentions. This seems to achieve the goal of increasing penalties for computer crimes, without punishing unrelated and legitimate proxy use. I don’t like the approach of these kind of laws that aim to fix one problem by attacking another issue. The problem that we want fixed is some crime done with a computer, not using proxies. As you stated in your article, there are many legitimate uses for proxies. I believe that proving a defendant used a proxy connection in the commission of a crime would help demonstrate the defendant’s intentions and knowledge that the act they were committing is not allowed. Otherwise, why would someone go to the trouble of trying to mask their identity with a proxy? They wouldn’t. If this logic were demonstrated by the prosecutor in court, the judge and jury should be more likely to convict the defendant. Clearly, a crime that someone accidentally commits should carry less severe punishment than a crime committed with planning and knowledge that the act was wrong. If the government wants to increase the punishment for serious computer crimes, perhaps they should just increase the sentencing guidelines for “first degree” premeditated, intentional computer crimes, and allow the prosecution to present evidence of proxy use as evidence of the defendant’s intentions. This seems to achieve the goal of increasing penalties for computer crimes, without punishing unrelated and legitimate proxy use.

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