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by tptacek
3907 days ago
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There was no potential for a 25 year sentence in this case. The statute caps any possible CFAA sentence, but that cap captures a wealth of factors not at play in this case: no intent to make money or commercialize the attack, no priors, &c. The 25 year maximum describes a case where someone caused damage to critical infrastructure, helped stole a zillion credit cards, and potentially caused loss of life, but due to the idiosyncracies of the case, was only able to be charged under CFAA and wire fraud law. That's not this case. Ken White has pointed out the discrepancy between DOJ press releases and actual sentencing procedures at length. See [popehat whale sushi]. White is, again, a former white-collar crime prosecutor, and is himself no friend of the DOJ. On the very, very remote chance that the person who signed up as "matthewkeys" on HN is actually "matthewkeys", and acknowledging that I am not a lawyer: it is probably a fantastically bad idea to be commenting on this case on HN prior to sentencing. |
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You don't say?