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zoeysmithe 15 hours ago

Why is that added, there's an agenda there. Why does "sobriety" matter in a computer crime? This is oppression and this (plus the other conditions) simple set up people like this for a fall.

steveklabnik 15 hours ago | parent | next [-]

Not a fan of this kind of thing, and I think that weed should be legal, but don't forget that federally, it is still illegal, and "don't do illegal stuff while out on parole" at least has a pretty basic logic to it.

NoMoreNicksLeft 14 hours ago | parent [-]

Booze is legal, and parole can limit your drinking. By law.

If you don't like the terms of parole, you are permitted to refuse it and remain incarcerated for your full sentence, at which point you are released and there are no parole restrictions at all. Parole is "you agree to behave and they release you early". And "behaving" is whatever they want it to mean.

tptacek 14 hours ago | parent | next [-]

I mean, he was also forbidden from opening up lines of credit (he was in the middle of negotiations with DOJ on making restitution to his victims), something that is perfectly legal and benign --- nonetheless, he was not allowed to do so as a condition of parole.

NoMoreNicksLeft 8 hours ago | parent [-]

Opening lines of credit is an attempt to avoid paying restitution. You pay it off with the credit, declare bankruptcy, then stick someone else with the bill. Courts traditionally despise any attempt to cheat the punishments they hand down.

tptacek 8 hours ago | parent [-]

Yes. I'm just saying, the terms of someone's parole are not conceptually limited to behavior that is illegal; really, "not committing further crimes" is already implied.

steveklabnik 13 hours ago | parent | prev [-]

Sure, I'm just saying that you don't need to reach for "Why does "sobriety" matter in a computer crime?" to get at why this might be a term of parole.

tptacek 15 hours ago | parent | prev | next [-]

Sobriety is a boilerplate parole term. Everybody gets it. If you don't want to comply, you don't accept parole, and you serve your sentence.

mananaysiempre 10 hours ago | parent [-]

A fair few things are boilerplate and also complete bullshit in their conception, and thus far I haven’t been able to determine why this isn’t one of them.

(The only actual argument made in this subthread, as far as I can see, is impaired judgment. Which, maybe? But I’d want to see something other than vibes to weigh the risks of worse judgment against the additional recidivism, and my current intuition is that alcohol probably should make the list of risk factors but cannabis probably shouldn’t.)

tptacek 10 hours ago | parent [-]

It wouldn't have mattered. There were a bunch of things in the warrant, not just the wax.

mananaysiempre 9 hours ago | parent [-]

Yes, in this particular case, sure. I even find myself in the unusual position of approving of the original CFAA conviction (assuming of course the list of allegations is true as stated), because it does sound like something you might need a separate law for—as opposed to the extra-hard punishment for X-with-a-computer when plain X is already illegal that’s typical of laws involving computers.

I guess what I’m trying to understand is why that particular part is on the boilerplate to begin with, and more importantly whether it’s doing any good there rather than putting people in prison that otherwise wouldn’t need to be. (I pretty much immediately guessed it’s boilerplate, because that’s the only way it makes sense for it to be among the parole conditions for, essentially, a disgruntled sysadmin that took it out on their ex-employer.) It just trips my righteousness alarm, for things that sound right and proper rather than actually helping. And thus the justification of it being there because it’s how we’ve always done it this way annoyed me especially hard.

Aurornis 14 hours ago | parent | prev [-]

> Why does "sobriety" matter in a computer crime?

The sobriety violation was against his parole terms. People on parole are required to remain sober as drugs like cannabis impair judgement.

He agreed to the parole terms and then violated them.

Regardless, you could strike the cannabis part from this completely and it wouldn’t change anything. He has numerous other parole violations.