Comment by dragonwriter

4 years ago

> 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.