Re: Re: Cisco's stolen code

[tcleary2 () csc com au]

Ron DuFresne said:

> If you know the property was obtained illegally, that would make you an
> accessory after the fact, would it not?

To become painfully boring with real world "dodgy" analogies, this is 
similar to "handling stolen goods".

And in the strictest sense of the word, you're right.

However, as I know from personal experience, because of the way law is 
often cast, prosecutions
for these kinds of crime are all too infrequent.

This is usually because establishing Mens Rea requires inordinate 
stupidity.

An offender must admit they intended the crime.

Result: you get off, because establishing what someone was thinking isn't 
easy and is usually too expensive
in manpower for the average Police Force to undertake frequently.

Unless some easy way can be found to get round this issue ( and if there 
is one, I'm sure Mr. Bush will find it  ;-)
the practice will not be curtailed because your chances of getting 
prosecuted are slight.

> From my archaic memories, in this specific instance:

Handling Stolen Goods: Knowingly or recklessly handles stolen goods, 
knowing such goods to have been stolen.

Defence: I didn't know it was stolen.

And if your brief can't raise reasonable doubt about your knowledge of 
ANYTHING being stolen, it must be brain damage.

To show you should have known it was stolen takes weeks of undercover work 
and establishing a pattern of behaviour.

Again, I could bore the a**e off you with stories.

Regards,

tom.

----------------------------------------------------------------------------------------
Tom Cleary - Security Architect

Tel. +61 8 9254 5345    Mobile: 0411208423

tcleary2 () csc com au

"In IT, acceptable solutions depend upon humans - Computers don't 
negotiate."
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