For my ethical hacking philosophy project
I will explore the subject of the ethics of the case against Aleynikov. The
quote that i will be referring too is from the philosopher Nozik since he was
the topic of my last assignment “Whoever
makes something having bought or contracted for all other held resources used
in the process (transferring some of his holdings for these cooperating
2007 to 2009 when hr decided to take a new job with Teza Technologies that
factors), is entitled to it." Aleynikov worked for the company from the
files from Goldman Sachs network that contained code he had worked on. He
would have paid him about $1.2 million. Aleynikov encrypted and downloaded
transferred the data to a website hosted in Germany. Aleynikov acknowledged taking the code but told FBI agents he only intended to collect open source software files on which he had worked, and that his collection of proprietary files on his last day of work files to anyone else and that the portion of proprietary code he took had been inadvertent. His attorneys insisted he never gave the proprietary constituted the company’s “entire platform.” inadvertently was miniscule—just 32 of about 1,224 megabytes of code—and hardly.
A jury didn’t buy this, however, and he was convicted in 2011 under the National Stolen
Property Act as well as the federal Espionage Act. But an appellate court found
fault with both charges, most significantly the one involving theft. “Because
Aleynikov did not assume physical control over anything when he took the source
code, and because he did not thereby ‘deprive [Goldman] of its use, Aleynikov
did not violate the National Stolen Property Act, the 2nd Circuit Court of
Appeals ruled in reversing his conviction.
You might wish to consider the works of Thoreau, and his reflective thoughts of civil disobedience, and how it applies to the modern world of computers and business.
ReplyDeleteOnce again I say that anyone that creates intellectual property be it written or in electronic form should be compensated. I know someone that is a musician and has recorded albums with his band. Because of people stealing songs on the internet, they are not making as much money as they used to.
ReplyDeleteAs much as things change, some things will remain the same: The government will continue to prosecute the theft of intellectual property, defendants will continue to raise creative challenges to the criminal laws, and the courts will continue to wrestle with these issues, all as technology continues to evolve.
ReplyDeleteThe laws used in this case were adopted before the days of computers, but prosecutors still try to apply them to this case. Like many other cases regarding computers/cyber, they lack an understanding on how to deal with it.
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