Comment by _n_b_
4 years ago
> criminal sabotage under US law
It is pretty comfortably not sabotage under 18 USC 105, which requires proving intent to harm the national defense of the United States. Absent finding an email from one of the researchers saying "this use-after-free is gonna fuck up the tankz," intent would otherwise be nearly impossible to prove.
> It is pretty comfortably not sabotage under 18 USC 105, which requires proving intent to harm the national defense of the United States.
Presumably, this reference is intended to be to 18 USC ch. 105 (18 USC §§ 2151-2156). However, the characterization of required intent is inaccurate; the most relevant provision (18 USC § 2154) doesn’t require intent if the defendant has “reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities” (emphasis added) during either a war or declared national emergency.
It wouldn’t take much more than showing evidence that the defendant was aware (or even was in a position likely to be exposed to information that would make him aware) that Linux is used somewhere in the defense and national security establishment to support the mental state aspect of the offense.
https://www.law.cornell.edu/uscode/text/18/2154
Intent would be hard to prove without emails / chat conversations for sure. As for damages, Linux is used by DoD, NASA and a myriad of other agencies. All the 2 and 3 letter agencies use it. Some of them contribute to it.
If congress wasn't full of old people who don't understand computers, that university professor could spend years in jail or be executed for treason.