Message-ID: <20041008184149.94856.qmail@web60303.mail.yahoo.com>
From: jessevalentin at yahoo.com (Jesse Valentin)
Subject: Hacking into private files, my credit card purchases, personal correspondence or anything that is mine is trespassing and criminal.


This is an interesting perspective Harlan, but I cant say that I agree with you. The point I was trying to make was that there exists a need to change the inclinations of the mind and of the heart in order to make a difference. Behavior is just a bi product of this type of change. You can enforce laws, but sooner or later if the person’s mental or heartfelt inclination doesn’t change, then history has shown us that the result is rebellion.

 

Law enforcement, fear tactics, etc do not solve the underlying reasons for the problem, they just suppress them… sooner or later they resurface possibly under different forms, but still the same animal. 

 

Take stealing for example – We know that stealing is obviously wrong and we have law enforcement to prevent this from happening, but…

 

How about using a digital de-scrambler for cable service? You’re getting something you’re not paying for… isn’t that stealing? True, its not a vital service, but isn’t this still plain ‘ol stealing?

 

Same problem, different form. 

 

If you have to enforce a law for every form of stealing then you’re going to wind up with volumes and volumes of laws and a backed up judicial system to try oddball cases that are just the same ‘ol problem rolled up into a different package… but oh wait.. isn’t that what happens today? J  

 

Thanks for the post.


Harlan Carvey <keydet89@...oo.com> wrote:
> No
> matter how many laws are passed or how many policies
> are written, they are pretty much useless as they
> are not capable of changing people.

Laws don't change people's behaviour...the enforcement
of the laws does.

In the days of NIPC, the Attorney General mandated a
threshold of $5k losses when reporting cybercrimes in
order for the FBI to become involved. Did that change
behaviour? Yes, but not the behaviour we would
want...the crimes still occurred (or in some cases,
were thought to have occurred), yet the case load was
so overwhelming that unless you could demonstrate a
financial loss of $50K, they didn't even blink.

Having laws...words written on paper...is ineffective
in and of itself. Enforcing those laws, or at least
being able to do so, is what has an effect. Even if
you have enough trained, qualified LE personnel to
enforce the laws, you still have issues of...is the
"victim" capable of determining/demonstrating when a
crime has occurred?

=====
------------------------------------------
Harlan Carvey, CISSP
"Windows Forensics and Incident Recovery"
http://www.windows-ir.com
http://groups.yahoo.com/group/windowsir/

"Meddle not in the affairs of dragons, for
you are crunchy, and good with ketchup."

"The simplicity of this game amuses me. 
Bring me your finest meats and cheeses."
------------------------------------------

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