Question by kslice917: Why are Eastern countries allowed to commit Western crimes with no penalty?
So, here’s the story:
I am currently “renting” a server, known as a Linode. This is a Linux server. I’m using it as a DNS server and an IRC Chat server. I’ve been checking my logs lately and I’ve noticed several brute force attacks on my server. When I use the “ARIN WHOIS Database Search” against the IP addresses with which are used for the brute force attack, it returns the organization name of “Asia Pacific Network Information Centre”. For those of you that may not know, a brute force attack is when a computer/person/bot/script/etc. attempts to “guess” your user name and password by trying several combinations per second. The computer can eventually gain access to your system by using this method. Since the user is connecting to my server via a protocol known as SSH, they cannot be locked out for attempting too many passwords. If they do get locked out, then they simply change their IP Address and try again.
My question to all of you law-studying citizens is this: How is it that these Asian companies are allowed to commit to acts that are highly illegal in the United States and are not punishable at all in Asia? I understand that they are located in Asia, of which does not have these laws. However, they are connecting to a server in New Jersey; located in the United States of America. If I traveled over to Europe and broke a European law, would I not be arrested just because I live in the United States of America?
I simply do not understand how we; as American consumers, can allow these foreigners to commit Internet crimes and get away with it. It is my personal opinion that the Internet has become just as real as real life. There are virtual crimes, and they are punishable by law. With that being said; even though they are punishable by law, why don’t we commit to that statement? Would it not be easier for us; as consumers, to have these non-law-abiding citizens of foreign countries arrested rather than having to spend our own time and money figure out ways to let them keep doing what they’re doing illegally, and just amp up our own security so that they may or may not find a new way around it?
I guess you could say that; after about 10 years of working over the Internet, I am simply tired of cyber crimes and the joke that comes with them stated in laws. When it comes to the policies placed on the Internet, the American government is simply a joke. We arrest people for downloading/stealing music over the Internet, yet we let hackers/crackers/spammers/etc. get away with any cyber crime they can commit. Is it not time we lock down on this? After all, we are quickly approaching the year 2010.
I appreciate all responses to this question/discussion. I understand that this is an extremely controversial subject, and don’t wish to start or see any “flame wars” over this matter. I ask that all responses be thorough and mature. Thank you.
To Amirite? – This is true; however, let’s say I send a nuclear missile over seas on an attempted attack on some European/Asian country? They would obviously have me arrested, prosecuted, and/or killed. I realize this statement is an over-exaggeration; however, I simply fail to see how a person can commit a crime in another country and as long as they stand on their own soil, they are fine.
To Pat – I understand the concept of it not being illegal where they are. However, it is illegal where they are committing the crime; since the server itself is located in the USA.
This all just seems like such a large flaw in the justice system. I realize no one country should have jurisdiction in another, but my question is this: Why have we not made an attempt to agree with other countries about some of the same Internet laws? And if we have, what reason would they have to deny these safety terms?
Answer by Amirite?
B/c if the attacks aren’t illegal in the country they’re originating from, who’s going to prosecute them? The US has no jurisdiction over foreign countries. On the one hand, you could surely subpoena them for a tort claim in US state or federal court, but why would they come over here to answer it if no one is going to make them?
RE: I get what you’re saying, but if some computer hacker sends you a virus from Nigeria, what is the US going to do about it? Send a cop over on a plane and have him arrest the guy? Of course not, that would be a (1) waste of resources and (2) an illegal intrusion into a sovereign country. The reason we don’t have agreements like you suggested with countries like the ones you mentioned is b/c (1) they (the other countries) don’t care about the issue whatsoever, or (2) are hostile to the US anyway, or (3) do care, but have no means of enforcing such things. Ultimately, unless they’re hacking into the pentagon, its a pretty minor crime all things considered… So the US is not going to try to peruse things it can’t meaningfully address. It’s just a waste of time and energy. Sure, in a perfect world, but…
Oh, and it’s not at all like sending a nuke over. Completely different ballparks, man.
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