Security threats Toolkit

Story: Sasser's author escapes prison

• 
• 

Juvenile justice.

It may sound frustrating, but the fact is that criminal liability, including liability for cyber crimes, can be fixed only if there is a culpable intention behind the same. This culpable intention is again bifurcated as per the “maturity level” of the offender. If he is a major and matured person, he has to face the consequences of his act or omission. But if the accused is a “juvenile” or “minor” then the law will presume him to be a “deviant” rather than “criminal”.

The suspended sentence and the release on probation is a benign step in right direction. It is as per the mandates and theme of “The Convention on the Rights of the Child”, to which most of the countries, including India, are parties. Now the options available to the learned and respected Judge, dealing with a “juvenile deviant”, are very few when it comes to sentencing if a country is party to such Convention or if the municipal law contains provisions for the protection of juveniles.

The learned judge has ordered for (a) Community service, (b) Suspended sentence, and (c) Probationary period.

These were the possible options available to the respected and learned Judge. There is, however, an option that could have been exercised in this case. The Judge could have asked, with due respect to the judgment, to render the “community service” in the form of assisting the “law enforcement agencies” in making the security system more effective and tamper proof. The “malware knowledge” of the accused could be used for strengthening the security base of the Internet at large. Recently, there was news that the creator of the “Sasser worm” has been hired as a “security software programmer” by a German firm, so that he can make firewalls, which will stop suspected files from entering computer systems. (The Times Of India (Delhi Times); “ Net gain for e-crime”, D/ 20-09-04, P-5.) The same could have been done for the purpose of “Securing Inetrnet at large” in public interest.

In any case, the decision of the learned Judge is as per the requirements of law, though it may be agitated on the basis of the “moral liability” and the “extreme damage” caused by the act of the accused.

• 
• 

• 
• 
• 

Full Talkback thread