F3nix opened this issue on Apr 27, 2000 ยท 13 posts
jval posted Sat, 29 April 2000 at 8:26 AM
SewerRat, there is some truth in what you say. Unfortunately, punishment isn't really an effective solution. Society has myriad laws backed up by police yet our prisons are still full of people and there are many more thieves, etc that have simply never been caught. That such laws and the threat of punishment are insufficient in themselves is proven by the mere fact that we have a police force. In this case we have someone who may or, allowing benefit of doubt, may not have realized what they were doing. But he has been warned by the owner of the stolen data, his potential customers have shown they are on to him and he cannot trust that inquiries regarding his "product" are not disguised traps. Effectively, he has already been punished just for the attempt- we do not know that he has actually sold anything yet. Legal punishment will entail a lengthy investment of time and money. Because any lawsuit must cross international boundaries and possibly involve conflicting laws it will be difficult to pursue. And in the end, the plaintiff must prove actual monetary loss before any significant awards may be won, which may or may not ever be received. Regrettably, the most effective protection is constant vigilance. No matter what we will always have something that someone else will try to steal. Basically, threats of punishment keep honest people honest. It doesn't discourage the rest at all- it just makes them more careful.