Comment by jkaplowitz

Comment by jkaplowitz 14 hours ago

Damages in the sense that warrants compensation and likely additional punitive damages as deterrence, agreed. But monetary damages don’t seem sufficient to justify jail time in a society that likes to claim it doesn’t have debtor’s prisons.

Yes, yes, criminal law and civil law are two different things and statutes can allow or require imprisonment in a criminal sentence. But we are discussing what is morally appropriate punishment for this misdeed, not what current law allows.

rank0 14 hours ago

That’s an insane take. Financial damage isn’t a problem for you? What if someone targeted you personally or your business?

Reply View 7 replies

jkaplowitz 2 hours ago

I’m not arguing against compensation and other dissuasive/retributive punishment - I did call it a misdeed. Suitable compensation and punishment are absolutely appropriate.
But yes, I am arguing that four years of prison time (there’s also three years of supervised release - so seven years of court oversight total) is disproportionate punishment, and probably any prison time at all for this act. Prison makes the most sense for violent criminals.
I am fine with lots of other compensatory and punitive consequences, including the criminal conviction itself which should not be underestimated as a public record visible in background checks, at least some kinds of orders restricting future activities with computers and/or his former employer for a suitable duration, plus whatever monetary consequences are deemed appropriate.

Reply View | 1 reply
- rank0 37 minutes ago
  
  You’re so noble! /s
  How much money would someone need to cause in damages to you or your loved ones before you change your tune? Steal your car? Your home? Your parent’s retirement? It’s just money!
  
  Reply View | 0 replies
praptak 14 hours ago

I don't buy this equivalence of financial damage to a person with financial damage to a business.
If I had a business its finances would be separate from my personal finance using limited liability, so even if someone destroyed 100% of its value, it would only be no return on investment for me - sad and bad but totally not equivalent to losing all my personal money.

Reply View | 4 replies
- rank0 42 minutes ago
  
  And I don’t buy this as a serious well thought out argument. If someone destroys your method of producing personal income they have indeed damaged your personal finances.
  
  Reply View | 0 replies
- cowthulhu 14 hours ago
  
  What about the employees you had to let go to cover the shortfall? No damages there either?
  
  Reply View | 2 replies
  
  praptak 13 hours ago
  
  Same category - bad but not enough to warrant four years jail time. Unless you are prepared to argue four years in jail for unlawful termination.
  
  Reply View | 1 reply
  
  cowthulhu 12 hours ago
  
  Well, I know whose company I’ll be defrauding!
  
  Reply View | 0 replies

ofalkaed 14 hours ago

Compensation and damages would probably mean decades of a bleak existence with most of your meger earnings going to the compensation and damages you owe. Chances are it will be a long time before he can get a good paying job after this, not like he has a good reference from his previous employer. I would seriously consider the prison time if given the option.

Reply View 1 reply

jkaplowitz 2 hours ago

You know that the prison time he was given does not rule out compensation and damages but rather might be in addition, right?
The company can still sue for those damages, and they can take all the findings of law and findings of fact from the criminal case as already proven without having to reprove those.

Reply View | 0 replies