Script Kiddies and Legal Repercussions

What are your guys views on this matter. Would you say some 10 year old that came along and found low orbit ion cannon and started DOS'ing someones home network deserves punishment with the law. Where would you draw the line, like lets say if it was only 50mbps attack and disrupted someones game server, or a more serious, however unlikely an attack of 1gbps and starts bringing down businesses websites. I believe there has to be some sort of line between flooding a home network and making a business lose revenue from their website being down. What sort of repercussions should they get depending on what they did?

Same legal action taken to the corporations, none(Netflix and Comcast); since corporations are people, and people should be taken the same as corporations since legally, corporations are people

My question was about people who ddos or dos other peoples network and if they should get legal action depending whether they brought down a website that caused loss in revenue or if it was just someones home network and if it should matter if its some little kid or an adult.

Didn't you see the movie "Hackers" yo? They banned Zero Cool from telecommunications and fined his parents 40000 bucks. IIRC he was 8. That shit is way more 1337 than loic.

 

There aren't different laws for individuals or businesses, a crime is a crime. If you were suing the hacker then you'd need to be able to prove damages, so in that case loss of income would be relevant. But as a crime it doesn't  matter if someone targets an individual or a business.

 

And yes, dumbass kids doing stupid things should be punished the same as anyone else. We don't punish people because they should know better we punish them for being  found guilty of committing a crime.

 

I believe under a certain age the repercussions should be less severe. Let us say around the age of 16. Getting a gaming server ddos'ed is annoying, but with my limited understanding I don't know how these attacks are so effective. If you flood any server with traffic why doesn't it become a first come first server situation? DDOS keeps appearing on the internet, why hasn't anybody come up with a way to deal with it?

As for making the parents responsible. Meh. Kids are shits to begin with. Sure, they learn about their society/culture from their parents, but why should you have to address a second party.

Alert the parents so that they might smack their child upside the head and say "hey, stop being an asshole."

Repercussions do not seem to apply to children since the nineties but that is no reason to try them as an adult. For fucks sake everybody start using common sense.

As a criminal matter it doesn't matter whether it was a home network or corporation, the scale of the attack should matter but I don't think that is written into law, there is of course prosecutorial discretion here. If the DOSing came up in Civil court thought the penalties could be much different as the harm to a corporation (i.e. lost revenues) could be much higher than that to a residence.

However, if the person is 10 years old they are a minor and would go through the juvenile justice system, which has different penalties than that of adults.

Why do you ask?

IMO that kind of behavior reflects on the parents. I would say by 16 they should know what they are doing and be punished for it. Nothing that will ruin their lives, but at least teach them a lesson. 

I agree, ruining someones life isn't the answer for some 14 year old who's copy and pasting scripts or got ahold of their guardians credit card and paid for loic but the guardian(s) should hold some level of responsibility for letting their child, etc... run around being a nuisance to society at large. Personally I grew up in a household where spankings were still relevant and iv'e never gotten into major trouble or caused anyone more than their fair share of grief(except maybe a few mac lovers) and I haven't been a burden on society. A lack of discipline is what causes these problems and if parents/guardians were more involved in their childs/legal responsibility's lives and actually punished them for their misdeeds while they're younger than things like this would become less and less of an issue. Just my two cents anyway 

I'd say, 14 and older, $50k fine, and 10 years in jail. 5 of which are in isolation for being a sociopath. Then, after prison term and fine, 10 additional years not allowed on the internet. Under 14, the parents get hit with the $50k fine and the kid is banned from WWW access for 10 years.

You will see no mercy from LinuxMaster9!

LOIC....payed.....heh.

you do the crime, you do the time.

he understood your question i think. what hes saying is that since corporations are treated as people in the eyes of the law, when they do DDoS attacks they have no actions taken against them. therefore if an individual begins a DDoS attack, they also should have no actions taken against them. otherwise we are creating a double standard.