Posts by Rich of Observationz

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  • Hard News: Baboom: it's serious,

    Does it do a stream of suggested music, or do you need to select your hundred tracks and it shuffles them?

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Hard News: Judicial caprice is no way to…,

    I think the harshness is due to the "crime" being something that many people don't see as illegal (or they have the cognitive dissonance thing going on where they smoke weed themselves but still think it should be banned. This is surprisingly common).

    Hence, some judges might see a harsh sentence as they only way of asserting the attitude of the state over that of a large number of its subjects. See also (historically) poaching, smuggling.

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Hard News: Judicial caprice is no way to…,

    There was a time, I think, when prosecuting council simply presented the facts of the case and didn't express a view on sentencing. I guess this changed through one iteration of the usual knee-jerk moral panic over "criminals" getting off "lightly"?

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Envirologue: Too Big to Fail – Why…, in reply to Alfie,

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Legal Beagle: Cameron Slater: computer hacker?,

    For instance, given that "authorization" requires an entity to be in a position of ownership or control, the scope of a "computer system" would generally be limited to that part of a system under the control of a single entity.

    Personally, I think the law should minimise the extent to which it deals with novelties. They should repeal this section, and instead extend s.11 of the Summary Offences Act (Wilful Damage) to include the state of a computer system within the definition of "property".

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Speaker: A minor change to existing provisions!,

    The approach in the UK tends to be to cancel ones rent payment a bit early, such that the outstanding rent exceeds the bond amount.

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Legal Beagle: Cameron Slater: computer hacker?,

    Alternatively, that since the interconnected computers on the internet belong to different people and organisations, nobody has the right to grant access and any use of an internet connected computer is an offence.

    I suspect the courts would look for a sensible interpretation, instead.

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Legal Beagle: Cameron Slater: computer hacker?,

    Also, as these people found out if someone, like a bank, makes an error and you exploit it to steal, then it's still theft.

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Legal Beagle: Cameron Slater: computer hacker?,

    Also, just to make myself a bit clearer, I'd agree with Graeme that Slater is off the hook on the s.252 offence (as Dixon the bouncer would have been if he hadn't tried to sell the video) but that given Slater's for-profit website and "consultancy" activities, there was a benefit gained and hence a potential s.249 offence if dishonesty could be proven?

    (Also, s.249 upthread, not s.240)

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

  • Legal Beagle: Cameron Slater: computer hacker?, in reply to Lyndon Hood,

    There is a theory that because a computer program is a perfect embodiment of its owner’s instructions, most categories of computer misuse cannot be deception, as the computer evaluated those instructions and decided to grant permission.

    I don’t think the courts believe this one, unfortunately.

    Like you, I can’t remember exactly what’s being alleged in this case, but if it comes down to whether the methods being used by Slater were “deceptive”, then that ought to be a matter of fact for a court to decide.

    Back in Wellington • Since Nov 2006 • 4825 posts Report Reply

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