More Confusion On The Criminality Of Writing Software

from the if-they-don't-like-you,-you're-in-trouble dept

In August we wrote about the odd story of a guy who created a keylogging software being indicted, but the news reports were unclear what he was indicted for. They simply seemed to assume that writing a keylogger program was illegal -- but there are legitimate keylogger programs out there, and various legal precedents suggesting that the creator of the software shouldn't be held liable for how people use it. This has started to change ever-so-slightly with the Supreme Court's decision in Grokster that set up an "inducement" standard -- but the timing would hardly make sense for using that standard. Mark Rasch apparently was wondering the same thing and has dug a little deeper into what was so illegal about creating this software, and basically found that there's almost no consistency at all in how the government views this type of situation. Basically, if they don't like what you're doing, they find a way to twist the laws to favor their position. However, in other situations (such as their own investigations and with political allies, such as gunmakers), their reasoning changes completely. Who needs consistency when there's politics?

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous of Course, 4 Oct 2005 @ 10:50am

    Re: welcome to America

    I think more than three people were involved with the Inslaw case. The privileged class, lawyers and politicians, do whatever they want and the rest be damned (unless there is money to be had or a celebrity involved.) The majority are as crooked as a dog's leg, stupid, greedy and possessing a self-advancing cunning which serves them as well as it disserves the public.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown for basic formatting. (HTML is not supported.)
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Shop Now: Techdirt Logo Gear
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.