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Crime

Steubenville Hacker Faces Longer Prison Sentence Than the Rapists 297

Posted by timothy
from the well-that's-proportional dept.
joeflies writes "In a previous Slashdot article, hackers worked to preserve content for the Steubenville rape case. The two football players charged received juvenile detention sentences of one and two years. One of the hackers, on the other hand, faces 10 years in prison."
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Steubenville Hacker Faces Longer Prison Sentence Than the Rapists

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  • Aghast (Score:5, Informative)

    by zeigerpuppy (607730) on Sunday June 09, 2013 @05:13AM (#43951357)
    I am literally speechless.
    • by Anonymous Coward on Sunday June 09, 2013 @11:16AM (#43953165)

      While you're not speaking, re-read the article or summary. They compare the sentence someone involved actually received to the maximum possible sentence any hacker could theoretically get. Most commonly, a first time offender "facing ten years" will end up with probation. At this point, we have no idea what punishment the hacker will get, if any at all.

  • by Taco Cowboy (5327) on Sunday June 09, 2013 @05:15AM (#43951365) Journal

    The system is totally fucked up, and I mean, TOTALLY FUCKED UP !!!

    Never in my life I could imaging the government in the United States could be so fucked up !

    Not only they broke the CONSTITUTION with their phone tapping and their PRISM, now they are doing that to the people who volunteered their skill to preserve what needed to preserve - THE EVIDENCES which had helped the prosecutors in that rape case !!

    FUCK MAN !!!

    United States is NO LONGER the land of the free, and those who live in it are no longer the braves, either !!!

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      You're not going to do anything about it though cowboy, are you? Sorry to Godwin, but the Jews that fared best in WWII were the ones that saw the writing on the wall and GTFO before SHTF. Good luck to ya though.

      • by Taco Cowboy (5327) on Sunday June 09, 2013 @05:43AM (#43951449) Journal

        I am a citizen of the United States of America, and I've moved out a decade ago and a half ago

        At that time I said to myself, one day when USA gets better I would return

        But, will it ??

        • So where did you end up?

      • Well, when the fascists come it looks like a good idea. Until, that is, the authorities are politicised, injustice is rampant, corruption is rife, financial systems fail and the government doesn't explain itself.

        The USA is doomed. Utterly doomed.

        "The terrorists" aren't the problem. It's the government.

        Obama hasn't failed. The citizens have. They have failed themselves.

        LEAVE YOUR COUNTRY BEFORE ITS TOO LATE.

        • The government is us.

          • The government is us

            According to my primary school history text books, the government is us

            However, I have grown up, and the reality has changed as well

            The US government is no longer "us"

            No more

            During the Watergate era, I was very proud to be an American --- because, at that time, America is the only country in the world where the CONSTITUTION took precedence, so much so that a president could lose his job for doing a wrong thing

            Now ?

            If you still think that the same thing can happen to Obama, I have a beautiful bridge in Brooklyn to sell you

    • by quenda (644621) on Sunday June 09, 2013 @05:36AM (#43951429)

      Could be worse. If the hackers had exposed government coverup of murders, they would be tortured and charged with a capitol crime.

      Lets spare a though for Bradley Manning here, whose torture and trial have barely rated a mention in the US media, unlike Steubenville.

      United States is NO LONGER the land of the free,

      Was it ever? Highest imprisonment rate in the world now, even worse than Russia.

      • Don't forget the Nazis... we beet the Nazis... and Stalin to.

    • by Anonymous Coward

      and those who live in it are no longer the braves, either !!!

      The hacker was arguably brave/stupid.

      The situation reminds me of the saying "all that is necessary for the triumph of evil is that good men do nothing", applicable on several levels here I think.

    • it's no good moaning about it on slashdot. Those prosecutors act in *YOUR NAME*. Their actions are covered by mandates *YOU* ultimately gave them (either actively or by acquiescence).

      Think of what and who you will be voting for in the next elections.

      It's not too late to reward politicians who will back sane and reasonable sentences.

      Only, be aware that idiotically high sentences on computer breaking-and-entering are partly due to the feeling that a 'deterrent' is needed because the chance of discovery

      • "It's not too late to reward politicians who will back sane and reasonable sentences."

        Yes, it is. Realistically you have three options: Vote republican, vote democrat, or throw away your vote. The parties have set things up between them to effectively exclude any independent or third-party participation. You see a handful at the state level, and once in a blue moon one even makes it to congress, but that's all.

        • by the eric conspiracy (20178) on Sunday June 09, 2013 @07:23AM (#43951773)

          Since when has voting ever been enough? You need to join activist organizations. Volunteer for campaigns. Write letters to your representatives (look what letter writing did to SOPA).

          The idea that being a couch potato for two years, then driving down to the polls and casting a vote is enough is ridiculous.

          Real change isn't something that happens that passively. Learn some history. Look what it took to get the Civil Rights Act passed.

          • by bill_mcgonigle (4333) * on Sunday June 09, 2013 @09:13AM (#43952237) Homepage Journal

            Learn some history. Look what it took to get the Civil Rights Act passed.

            No significant unjust law has ever been overturned by people obeying it and then voting for somebody who promised to represent them in hopes they would get it repealed.

            They forget to teach that in Civics class, don't they?

          • "Write letters to your representatives (look what letter writing did to SOPA)."

            One of the biggest grassroots campaigns in years, and all it's done is bought some time. SOPA was killed, but it will rise again.

        • I must point to a major misapprehension here:

          "Realistically you have three options: Vote republican, vote democrat, or throw away your vote."

          The point where you go wrong is in assuming that all democrats / republicans are built equal. They're not. Some of them *will* back a policy that you think is important. You actually need to be a couch potato who knows a bit about the candidates and what they stand for.

          I'll admit this though: you need to make politicians and other voters aware that you care about

        • by tqk (413719)

          The parties have set things up between them to effectively exclude any independent or third-party participation.

          Consider the problem from the opposite direction. If it's so impossible, How did Hitler get in? So, not impossible?

          Try harder.

    • Maybe the hacker's lawyer was simply... bad?
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      why does shit like this get marked insightful when the comments here that point out the obvious fact that this alarmist idiot article is comparing actual to potential sentences, two totally different things get barely a mention?

      1. "totally fucked up / never in my life could i imagine fucked up." good for you.
      2. "broke the constitution.." except that they didn't, as judged have ruled. so take your hollywood upstairs degree in constitutional law.
      3. "fuck man." brilliant.
      4. "no longer land of the free."

      • i mean, its right there in black and white in their internal documents. offensive hack capability violates international law and domestic lalw.

        the fundamental problem is the idea that the government doesnt have to follow the same laws as the people. thats a problem and historically civilizations haved moved towards a system of legal equality for all, not a special eception for the already powerful

        • by tqk (413719)

          the fundamental problem is the idea that the government doesnt have to follow the same laws as the people. thats a problem and historically civilizations haved moved towards a system of legal equality for all ...

          Not that I'm advocating violence or anything (far from it), but I'd just like to say I think the Romans learned that lesson in the most constructive way [wikipedia.org]. You'd think today's politicians never studied history.

    • by drinkypoo (153816)

      United States is NO LONGER the land of the free, and those who live in it are no longer the braves, either !!!

      No, we took care of the braves. Ever heard of the Westward Expansion? Manifest Destiny? You know, Genocide? You know, we just needed some elbow room [youtube.com].

      Geronimo!

  • dat justice (Score:5, Insightful)

    by Anonymous Coward on Sunday June 09, 2013 @05:18AM (#43951371)

    So... hacking into a fratboy's fb account is a more serious charge than raping the everloving shit out of someone?

    Any tips on bulk-order condoms and hockey masks?

    • Re:dat justice (Score:5, Insightful)

      by Dthief (1700318) on Sunday June 09, 2013 @05:59AM (#43951503)
      From the article it appears that he is being charged with hacking the school website in order to upload the video, not being charged for preserving the content for authorities.

      That being said, I still think the relative sentences are really out of whack, and that rapists (even juveniles) should absolutely be more harshly punished than hackers who do not hack in a way that causes significant harm.

  • by blarkon (1712194) on Sunday June 09, 2013 @05:19AM (#43951375)
    Juveniles get different sentences to adults. "Vigilante Hacker" is an adult and the reported possible sentence is "maximum possible" which is quite different to "an actual sentence".
    • by PolygamousRanchKid (1290638) on Sunday June 09, 2013 @05:26AM (#43951405)

      "Juveniles" who commit "adult" acts of rape . . . aren't really "juveniles" any more.

      • Re: (Score:2, Interesting)

        by Anonymous Coward

        If an 11yo can be tried as an adult...

        http://www.rawstory.com/rs/2011/01/25/youngest-american-life-without-parole/

      • by wbr1 (2538558)
        But teens who send or receive sexts of themselves and friends are child pornographers.
        • That is quite literally, correct :)

      • What a ridiculous thing.

        Either have different treatment for Juveniles or not. Introducing stupid caveats like the above are responsible for the rot of the judicial system.

        Why the hell is a rape a more adult crime than stealing?

      • "Juveniles" who commit "adult" acts of rape . . . aren't really "juveniles" any more.

        The age cutoff is arbitrary. But when we do not treat it as inviolate, then we do us all a disservice. In practical terms, minors have no rights, and thus should have less responsibility. That is, they should never be tried as an adult, under any circumstances. It is always their parents' responsibility if their upbringing comes out wrong.

    • by Attila Dimedici (1036002) on Sunday June 09, 2013 @06:09AM (#43951523)
      Reading some of the responses to your post, I think people are missing your point. So. I am going to rephrase it so that they might understand.

      The summary compares apples to oranges. It compares the sentence which the rapists actually received to the maximum sentence that the hacker MIGHT receive. The rapists MIGHT have received a much stiffer sentence than they did and it would be a travesty of justice if the hacker DID receive a sentence longer than that received by the rapists.
    • by gl4ss (559668)

      how come there's plenty of cases of juvies being tried as adults for 30year sentences then..

      • by jedidiah (1196)

        We have a long tradition of ignoring rules as it suits us. This began with Saul of Tarsus picking and choosing which bits of Jewish Legal Tradition would be followed by future Xians.

        Someone in this very thread suggested that we should ignore such rules. Inevitably you will have a like mined person declare that the crime was so horrible that a child must be declared as an adult. Then the whole mob mentality will kick in. If the judge doesn't have enough of a backbone or a sufficient respect for the law, then

    • I've always supported the idea that Juveniles that commit very serious crimes like this who can not serve their sentences because of their age should pass on their remaining sentence to their guardians (parents).

  • FTG (Score:4, Insightful)

    by AndyKron (937105) on Sunday June 09, 2013 @05:37AM (#43951439)
    But it's OK for the government to hack everybody, all the time. FTG
  • by MoFoQ (584566) on Sunday June 09, 2013 @05:44AM (#43951451)

    I must say...it is a perversion of justice, puns not intended.

    I may need to write to one of my local reps, Zoe Lofgren [slashdot.org] who's working to change the Computer Fraud and Abuse Act to make it "less vague" and have her add some other reforms.
    Sure, "hacking" for vigilantism is wrong and two wrongs don't make it right, but neither does three: throwing the book at Deric Lostutter.

    heck, that guy in texas who killed that escort got less [mysanantonio.com]

  • predictable (Score:4, Interesting)

    by Anonymous Coward on Sunday June 09, 2013 @06:12AM (#43951533)

    The rapist is a danger to the individual. The hacker is a danger to the government. Now you know which is held in higher regard in our new fundamentally reshaped America.

    • I was about to write this. If we are comparing the sentences, the question is about which threat poses the greatest risk to society. It is NOT about the actual damage done. As above, welcome to the new world.
  • It doesn't make sense to compare actual sentences (and in this case juvenile sentences!) with theoretical maximums for adult defendants. So, knock off the fabricated outrage and let's wait for the outcome of the case. You can still get outraged after the actual facts are in.

    • by Anonymous Coward on Sunday June 09, 2013 @06:43AM (#43951627)

      It doesn't make sense to compare actual sentences (and in this case juvenile sentences!) with theoretical maximums for adult defendants

      What they did, the way they fingered that poor girl, took video of it, and then spread the vid to everybody they knew, -- if that happened to your daughter, would you still say that it's a "juvenile" case ?

    • by PRMan (959735)
      Wish I was on the jury. There's absolutely no way I would convict that guy. I mean, "Yes, he should be punished to the full extent of the law (pick me, pick me)."
  • by Anonymous Coward on Sunday June 09, 2013 @06:33AM (#43951587)

    article is BS.. comparing "could get" vs "did get" and getting slashdot nerds in a lather for no valid reason as if they were impressionable rush limbuagh listeners.

  • by Anonymous Coward on Sunday June 09, 2013 @06:55AM (#43951667)
    From Mojo: [motherjones.com]

    At first, he thought the FBI agent at the door was with FedEx. "As I open the door to greet the driver, approximately 12 FBI SWAT team agents jumped out of the truck, screaming for me to 'Get the fuck down!' with M-16 assault rifles and full riot gear, armed, safety off, pointed directly at my head," Lostutter wrote today on his blog. "I was handcuffed and detained outside while they cleared my house."

    That's either an intimidation tactic or the geniuses at the FBI have seen too many Rambo reruns. A 12 person SWAT team to serve a search warrant on one person who they have no reason to believe is violent? If it was proportional, they would have sent an armored division to arrest the rapists. Somehow I doubt they did.

    • by EmagGeek (574360) <gterich@@@aol...com> on Sunday June 09, 2013 @07:16AM (#43951753) Journal

      It's the ongoing paramilitarization of law enforcement.

      In my sleepy little city in a rural corner of my State, our 8-member police department has 2 armored vehicles, 28 fully-automatic machine guns, 2 grenade launchers, and routinely engages in military-style exercises on weekends where they set up Soviet-style checkpoints and violate peoples' civil rights. People have been bringing this up at city council meetings only to be told by the council members that this type of activity is necessary to keep us safe - the typical GOP line.

      Even my "Tea Party" congressman, who ran on the "Tea Party" platform, has been completely silent on the recent revelations about government spying on American Citizens, instead focusing his efforts on the GOP's scandal-du-jour, usually whatever bullet list of talking points Sean Hannity is vomiting on his radio show that day.

      All of it is paid for by the Federal Government's various drug and terrorism interdiction programs - and we're not even in a border state, unless you count the Atlantic Ocean to be a high-drug-traffic border.

  • by GrumpySteen (1250194) on Sunday June 09, 2013 @07:17AM (#43951759)

    This is nothing new. We, as a society, recognized long ago that children do stupid shit and sometimes shouldn't receive the full punishment for their actions.

    If the Steubenville rapists had been tried as adults (and I think they should have), they would have been facing up to 25 years in prison. Under certain circumstances, Ohio law allows for a sentence of life in prison for someone convicted of rape, too, but I don't think that applies to those two. As it is, they not only have their sentences, but they're going to be added to the sex offender list for anywhere from ten years to life. They're going to find it very difficult to find jobs and places to live while they're on that list.

    There's nothing shockingly disproportionate about a maximum of 10 years for hacking vs a maximum of 25/life for rape. You might argue about the specific numbers, but I think everyone will agree that rape is the more serious crime and Ohio law allows for more serious consequences, just as it should.

    • by Herkum01 (592704)
      • The rape is crime
      • The hacking exposed a crime, which is being charged as a crime
      • The hacking also exposed the government of failing to enforce a crime.

      Hacking crimes should be relative based upon scope. Steal $10 you a petty thief; steal $1,000,000 you are a felon. The only reason 10 years is on the there is because someone in the government got embarrassed not because of hacking as a crime.

      • 10 years is a maximum, not a fixed sentence that all hackers get. The minimum is nothing. It's up to the judge to decide the actual sentence and, believe it or not, most judges understand that the scope of a crime should be taken into account when deciding the sentence given.

        In other words, the legal system is set up the way you're saying it should be, but you don't realize it so you're arguing that it's wrong and should be set up the way it's already set up.

        • by Herkum01 (592704)

          I understand that 10 years the max, but judges discretion can be vary widely. I would hate to have a couple years of life depending on whether a judge wants to push an agenda instead of being fair.

  • by buddyglass (925859) on Sunday June 09, 2013 @07:42AM (#43951855)
    1. The hacker is an adult; the other two were juveniles.

    2. 10 years is the maximum possible sentence he could receive. He hasn't been tried yet. It is unlikely he'll receive the maximum sentence, or even anything close to it.
  • by rockytopchip (1398125) on Sunday June 09, 2013 @08:26AM (#43952049)
    Just for thought, consider the case of Bernie Madoff. He was a con man running a ponzi scheme. There were a lot of folks who had money to invest. These folks wanted to get a large return on their investment. These folks willingly gave this investment money to Madoff. Most of these people ended up losing their investment, because it was a ponzi scheme. Madoff was arrested and has lost everything and is in jail for the rest of his life. People wanted Madoff to get the death penalty. Madoff did not rape anyone. Madoff did not commit a violent crime. The hackers also committed a non violent crime. And will spend more time in jail than most rapists. It's just not right.
  • be juveniles has some thing to do with it.

  • by Okian Warrior (537106) on Sunday June 09, 2013 @09:13AM (#43952235) Homepage Journal

    From a previous post, here's the collected list of suggested actions
    people can take to help change the situation.

    Have more ideas? Please post below.

    Links worthy of attention:

    http://anticorruptionact.org/ [anticorruptionact.org]

    http://www.ted.com/talks/lawrence_lessig_we_the_people_and_the_republic_we_must_reclaim.html [ted.com]

    http://action.fairelectionsnow.org/fairelections [fairelectionsnow.org]

    http://represent.us/ [represent.us]

    http://www.protectourdemocracy.com/ [protectourdemocracy.com]

    http://www.wolf-pac.com/ [wolf-pac.com]

    https://www.unpac.org/ [unpac.org]

    http://www.thirty-thousand.org/ [thirty-thousand.org]

    Suggestion #1:

    (My idea): If people could band together and agree to vote out the
    incumbent (senator, representative, president) whenever one of these
    incidents crop up, there would be incentive for politicians to better
    serve the people in order to continue in office. This would mean
    giving up party loyalty and the idea of "lessor of two evils", which a
    lot of people won't do. Some congressional elections are quite close,
    so 2,000 or so petitioners might be enough to swing a future election.

    Someone added: Vote them out AND remove their lifetime,
    taxpayer-funded, free health care. See how fast the health care system
    gets fixed.

    Someone added:You can start by letting your house and senate rep know
    how you feel about this issue / patriot act and encourage others you
    know to do the same.

    If enough people let their representivies know how they feel obviously
    those officials who want to be reelected will tend to take notice. We have
    seen what happens when wikipedia and google go "dark", congressional
    switchboards melt and the 180's start to pile up.

    I added: Fax is considered the best way to contact a congressperson,
    especially if it is on corporate letterhead.

    Suggestion #2:

    Tor, I2dP and the likes. Let's build a new common internet over the
    internet. Full strong anonymity and integrity. Transform what an
    eavesdropper would see in a huge cypherpunk clusterfuck.

    Taking back what's ours through technology and educated practices.

    Let's go back to the 90' where the internet was a place for
    knowledgeable and cooperative people.

    Someone Added: Let's go full scale by deploying small wireless routers
    across the globe creating a real mesh network as internet was designed
    to be!

    Suggestion #3:

    A first step might be understanding the extent towards which the
    government actually disagrees with the people. Are we talking about a
    situation where the government is enacting unpopular policies that
    people oppose? Or are we talking about a situation where people
    support the policies? Because the solutions to those two situations
    are very different.

    In many cases involving "national security", I think the situation is
    closer to the second one. "Tough on X" policies are quite popular, and
    politicians often pander to people by enacting them. The USA Patriot
    Act, for example, was hugely popular when it was passed. And in
    general, politicians get voted out of office more often for being not
    "tough" on crime and terrorism and whatever else, than for being too
    over-the-top in pursuing those policies.

    Suggestion #4:

    What I feel is needed is a true 3rd party, not 3rd, 4th, 5th, and 6th
    parties, such as Green, Tea Party, Libertarian; we need an agreeable
    third party that can compete against the two majors without a lot of
    interference from small parties. We need a consensus third party.

    Suggestion #5:

    Replace the voting system. Plurality voting will

    • I think it's fairly obvious that the majority actively supports any and all invasions, rights infringements, and violations. They vote for politicians who campaign on it, they love watching TV shows that depict it (NCIS and 24, among others), and they adore listening to TV and radio shows that promote it. Slashdot has always been and always will be a tiny politically irrelevant minority. A minority that is to be ignored as much as possible, and persecuted with draconian measures as necessary to convince

  • by wonkey_monkey (2592601) on Sunday June 09, 2013 @09:54AM (#43952519) Homepage

    The two football players charged received juvenile detention sentences of one and two years. One of the hackers, on the other hand, faces 10 years in prison."

    Come back if and when the hacker actually receives a longer sentence than the rapists. Then you've got a story.

  • Incorrect. The rapists faced up to 15 years in prison. More than the hacker.

    We can debate the relative maximums, but we shouldn't be debating an outright falsehood. Get your facts straight.

  • by Shompol (1690084) on Sunday June 09, 2013 @12:39PM (#43953741)
    In Soviet Russia (USSR) political prisoners were treated much worse than criminal.

"'Tis true, 'tis pity, and pity 'tis 'tis true." -- Poloniouius, in Willie the Shake's _Hamlet, Prince of Darkness_

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