From: Anthony Garcia <agarcia@sugar.NeoSoft.COM>
Date: Tue, 7 Jun 94 23:06:45 PDT
To: cypherpunks@toad.com
Subject: Re: Cyberspace is by nature crime-free [?]
In-Reply-To: <199406080522.AA20166@sugar.NeoSoft.COM>
Message-ID: <199406080605.AA21091@sugar.NeoSoft.COM>
MIME-Version: 1.0
Content-Type: text/plain


mgream@acacia.itd.uts.edu.au (Matthew Gream) writes:

   I have to disagree with this, especially the title 'is by nature'.
   Cyberspace as a communications forum still presents many opportunities
   for crime as are present in physical and related communications media.

Good points, I wasn't thinking far enough.  The examples you cite can
be classified as follows:

- Breaking and entering:  Yes, an obvious "cyberspace crime" which I
  unthinkingly missed.  Could perhaps be considered fraud: If you give a
  username/password to gain access, you are falsely asserting that
  you're an authorized user of that username.

- Vilification/slander/libel: Also possibly can be considered as
  fraud?  You're asserting things that are false, and people who rely on
  your false information will make bad decisions.

- Discrimination:  I don't think this should be a crime.  
  The interactions/commerce/associations that people engage in should
  be freely assented to by all parties, even if they have really
  stupid reasons for deciding to refuse.

- Sedition:  Not a crime in my book... Yay, Sedition!

- Inciting violence:  Perhaps even can be covered by fraud, if you
  stretch it hard enough:  You give people false information ("Such and
  such ethnic group are polluting our precious bodily fluids and
  should be killed") which they then rely on to make bad choices
  regarding the perpertration of violence.  Of course, the actual
  physical committing of violence is a much more serious crime.

- Transferring funds, tax evasion:  Also not a crime in my book.
  Yay Tax Evasion!

- Illegal business activity, false advertising:  False advertising
  is an instance of fraud.  I'm not sure what you mean by
  "illegal business activity."

- Contempt of court:  Hm.  Refusing to provide your decryption
  key to the judge...  Not really a crime *of* cyberspace; more
  akin to a crime of the courtroom.

- Copyright infringment:  Ah, theft of Intellectual Property.
  A tough nut in these modern times.  If you had to forge authorization
  information to get the material, then it would be fraud in the same
  sense as an unauthorized login:  You are fraudulently asserting
  that you are a paying customer.  But if the material is just lying
  around unprotected for you to pick up?  Hm...

-Anthony Garcia
agarcia@sugar.neosoft.com

P.S. Larry, if you're still lurking around here:  the "Yay Sedition!" and
"Yay Tax Evasion!" are especially for *yoooouuu*.