Re: AlterNIC cofounder ready for trial

[Adam Todd <at@ah.net>]

[ To the Lin kList - I thought I'd cross post this for Informational
purposes.]

At 08:37 31/12/97 -0800, Bruce Balden wrote:
>[1] Kashpureff, in effect, deliberately caused an error in the internic.net
>resource records, with a mutually agreed financial value of 75000
>
>[2] NSI, through good intent but bad engineering, delivered faulty resource
>records for thousands of businesses throughout the world, and only the NSF's
>status as part of the government exempts them from lawsuits in this regards
>[not that people haven't tried].

Bruce.

You scare me!

Your 100% correct.  Eugene through engineering and notice to just about
anyone who was anyone carried out a CONTROLLED action as a protest that
hurt NO ONE.  Didn't even disrupt the InterNIC operation, or the clients
going to InterNIC.

Yet - on TWO occassions, INTERNIC through complete INCOMPETENCE destroyed
the integrity of data in the Domain Name system, alloing Millions of
companies, some totally dependant on their InterNIC managed Domain Name, to
vanish for over 24 hours on both occassions.

One really has to ask who is guilty of a FRAUD?

>In criminal law, the focus is always on intent.  The effects of property
>crimes, especially this one (the present-day lasting effects are ZERO) are
>transient and so the law courts aren't interested in grievances but in
>protecting the future safety of society.

Intent.  I've battled that one in court myself and the end result was I was
right and "they" were wrong.  I think you have to go a tad beyond intent.

If you protest against the policies of your Government, that could be
considered INTENT to cause treason. Does that mean you shoud be executed or
jailed?

Lets not get rilled up on this.

As to protecting the future, I feel Euegne has done far more than protected
the DNS system.  He showed and made clear that a fundamental falw coudl
have easily allowed Microsoft to take over the world!  (Sorry Bill, I had
to say it!!)

>It so happens that he has been saying for some time that the particular
>method he uses was a fundamental flaw in the system and that other even more
>evil-mined parties might exploit it some day.

Yes, totally true, so he did the world a favour ...  I hope the US
Government doesn't intend making him a martyr.  

It will do so - and far stronger than they will ever realise.  To the point
where people globally will back Eugene and the technology gaps that exist.

Sometimes it's better to leave well enough alone.  Coudl you imagine Eugene
in a jail with 200 top Criminals.  Think of the scheming that woudl go on.
We'd never be safe again!

>So we are lucky that the first insider to exploit his knowledge for
>"personal gain" has done so in an extremely benign and temporary manner

CONTROLLED MANNER.

>compared to what could equally well have happened if a really nasty and
>vindictive guy had done it.  This should be a wake-up call, like the Morris
>Internet Worm.

Again I reitterate, what if Eugene is placed in a Jail with Criminals who
INTEND to gain from their actions.  That' makes a scary world more scary.

>So his conventional punishment (jail-time, if any) should be lenient and
>probably non-existent.

Time Servered - which shouldn't have been served anyway.

>However, despite my attitude, I'm not sure it would extent to trusting him
>completely.

Then employ him and your safe :)

>In other words, even if all charges are ultimately dropped, his future in
>this industry is probably irrevocably severely compromised.

Right now at the top technical levels, he is a Martyr.  A continuance of
the prosecution will only make him a complete Martyr at further levels.

A Jailing will allow criminals who usually steal cars and break into houses
access to a mind that is far more dangerous in that environment than Bill
Gates offering him a Job to set upa nd take over the Internet for the gains
of Microsoft.

I certainly know which I'd prefer.



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