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Hacking Crime and Punishment Abstract This purpose of this paper is to explore the consequences of computer hacking and cracking in the United States It briefly covers the laws affecting computer hacking and their appropriateness A large section is devoted to the arguments for and against hacking in the attempt to identify the benefits and losses to individuals businesses and society as a whole of such activities The analysis of the pros and cons of hacking is essential in determining the weight of punishment attached to computer security related crimes Finally a recommendation of what needs to be reviewed and changed and what is acceptable Overview 1 Introduction The predator and the prey 2 - Issue do our laws adequately and responsibly deal with hacking 21 Does the punishment fit the crime 22 Does hacking have any redeeming qualities 3 Arguments for and against 31 Does the punishment fit the crime CA Penal Code 502 and the Digital Millennium Copyright Act Anti-Terrorism Act of 2001 and the CFAA California State College Responsible Use Policy Plea Bargains Difficulty and cost of prosecution Lack of confidence hurts online businesses 32 Philanthropic or Ethical Hacking Hacking to find and fix security holes Free product testing Difficulty in threat assessment Corporate resources Damages to corporate or product image 33 Increased Security Informing the public of security holes pressures developers to fix problems Expect to be hacked Corporations forced to defend against hackers Increased product costs and costs of operation 34 Intellectual Growth Strict laws stymie intellectual growth Free trained computer employees 4 Analysis and recommendations Finding a balance 41 Fitting the punishment to the crime 42 Accountability 43 Raising the Bar 44 Free Loaders 5 Conclusion Balance Introduction The predator and the prey John was a kid Yet at a mere fourteen years old he could break into most computer systems One day over summer he was sitting at his computer
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