[ISN] Aussie court crackers on crackers

From: InfoSec News (isnat_private)
Date: Wed Apr 16 2003 - 01:00:41 PDT

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    http://www.theregister.co.uk/content/55/30258.html
    
    By John Leyden
    Posted: 15/04/2003 
    
    Lawyers and security firms have condemned a decision by an Australian
    court to release without punishment a man who admitted to breaking
    into ISP OptusNet's network.
    
    Stephen Craig Dendtler, 22, of Bankstown, New South Wales, escaped
    either a conviction or fine last week even though he admitted gaining
    access to thousands of sensitive customer details through a back door
    in OptusNet's network.
    
    The software engineer's lawyer claimed that Dendtler's cracking
    activities were nothing more than an "intellectual pursuit", The Age
    reports.
    
    Australian law firm Deacons said the court's decision gives a "green
    light to hackers".
    
    "The decision of a New South Wales court not to impose any punishment
    on a defendant guilty of hacking could severely undermine efforts to
    secure Australian cyberspace," says Leif Gamertsfelder, Head of
    E-Security at Deacons.
    
    "If courts fail to punish people guilty of serious computer crimes,
    the wrong message will be sent to the community. The surprising
    decision in this case is tantamount to giving a judicial green light
    to hacking in Australia.
    
    Gamertsfelder said the case was an example of the courts failing to
    take cases involving computers or intangible property seriously.
    
    "Courts wouldn't be lenient on offenders that physically broke into
    telecommunication buildings or banks with intent to cause damage.  
    Unfortunately, where intangible assets are concerned some courts
    appear to take the view that they do not deserve the same level of
    protection as physical assets.
    
    "The case makes a mockery of the recent attempts of Australian
    parliaments to bolster criminal laws in order to send strong general
    deterrence messages to would be hackers," he added.
    
    Paul Ducklin, head of technology for Asia Pacific at Sophos
    Anti-Virus, also criticised the court's decision.
    
    At minimum, judges should have recorded a conviction and imposed a
    fine on Dendtler, according to Sophos.
    
    
    
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