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xoa 4 days ago

>but why have different punishments based on what technology someone used?

So first as foundation, I see no reason to pretend that the law is always perfectly thought through and logical particularly when it comes to crime. And even when laws have been done for the time, that also doesn't mean circumstances haven't changed over the decades while the law remained static.

That said, in principle punishment embodies multiple components and a major aspect is deterrence. The deterrence value in turn interplays with components like barrier to entry, scaling of the potential harm and the likelihood of getting caught. Usage of technology can have a significant impact on all of this. It's significantly more challenging and expensive to prosecute crimes that stretch across many jurisdictions, technology can also have a multiplier effect allowing criminal actors to go after far more people, both in terms of raw numbers and in terms of finding the small percentage of the vulnerable, and perceived anonymity/impunity can further increase number of actors and their activity levels. It also has often implied a higher degree of sophistication.

All of that weighs towards a higher level of punishment even as pure game theory. That doesn't mean the present levels are correct or shouldn't be only a part of other aspects of fighting fraud that depressingly frequently get neglected, but it's not irrational to punish more when criminals are generating more damage and working hard to decrease the chance of facing any penalties at all.

aleph_minus_one 4 days ago | parent [-]

> So first as foundation, I see no reason to pretend that the law is always perfectly thought through and logical particularly when it comes to crime.

You will of course never reach perfection, but considering that when a law is applied, a lot of violence (police, jail, ...) gets involved, a politician who does not dedicate his life towards making the laws as perfect as humanly possible (with the ideal of finding an imperfection in the laws as big of a human breakthrough as the dicovery of quantum physics or general relativity) clearly does not deserve to be elected.

coldtea 4 days ago | parent [-]

>a politician who does not dedicate his life towards making the laws as perfect as humanly possible (...) clearly does not deserve to be elected.

Oh, sweet summer child. Not attempting to make laws "as perfect as humanly possible" is the least of our worries with politicians!

Most of them dedicated their life actively towards the opposite, to make the laws as bad as posisble: out of ideology, out of being paid by lobbies and monopolies, personal interest, and so on.