Should Everyone Who Uses A Phone Or A Computer As Part Of A Crime Get A Longer Sentence?
from the so-says-the-8th-circuit dept
Now, as the article notes, if there's anyone out there who deserves a longer prison sentence, it's a sex offender who victimizes minors. But that doesn't mean we should condone stretching a computer hacking law in a ridiculous manner. In this case, because the CFAA allows increased sentencing for someone who used a computer in the commission of the crime, the judge decided that a rather standard mobile phone counts as a "computer" under the law. Even though it was a standard mobile phone, and not a smartphone or feature phone, the judge quoted Steve Wozniak in pointing out that "Everything has a computer in it nowadays."
Of course, that should be a reason why we should worry about this kind of sentencing. The idea that anyone deserves more time in prison solely because they used a mobile phone doesn't make much sense. It continues to make a mockery of the law. If the guy deserves to be in prison longer for the actual despicable crime he committed, then the law should allow such longer sentences. But the courts shouldn't twist the CFAA to accomplish that goal.