So... it should be illegal to not secure your computer? You need to get real... We can't make stupidity illegal but we can make it expensive... and ultimately, that's all that matters to people. unfortunately, it is not against the law to be stupid nor should it be. Ultimately, we need to get better at going after the people who DO take advantage of an insecure system.
Just because I may leave my window open doesn't mean I should get prosecuted because someone came through without invitation...
And what's wrong with the smashing stereo example? No, it doesn't happen in the real world because it is illegal and you would probably get your ass kicked... OK... let's not smash the stereo, can you just waltz into your neighbor's house and turn it off? NO. Whether or not it happens doesn't matter, what matters here is what is allowable under law, and there can be no justification for using private resources that are not your own without authorization, regardless of how stupid the admin may be...
You want to setup a public organization that is accountable to the public at large and has the right to "hack" a computer when it is actively trying to infect other machines? Fine... but we cannot allow individuals to decide on their own what punishment should exist for an attempted crime. As much as I would like to do that sometimes along with just about everyone else, we are trying to have a civilization here.

shawn

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Link to this comment: http://www.securityfocus.com/comments/columns/134/17669#17669