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  #11  
Old 04-17-2009, 02:58 PM
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In a legal manner, proxy servers are not illegal. The legislation is indicating that if someone were found guilty of internet/cyber crimes - such as piracy, money fraud, credit card scams, etc - and proxy servers were used, the sentencing can be harsher.

This is no different than different considerations in sentences if a murderer simply stabbed a person once and killed them, or used a katana to chop their torso in pieces. The legislation is giving consideration to the "tool" used - such as proxy, which can be a good indicator of intentional malice or awareness of criminal intent.
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  #12  
Old 04-17-2009, 03:01 PM
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If somebody steals or kills while wearing a disguise, is the penalty greater than if they did it openly?
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  #13  
Old 04-17-2009, 03:17 PM
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Quote:
Originally Posted by Zephyr View Post
If somebody steals or kills while wearing a disguise, is the penalty greater than if they did it openly?
Not that I have ever seen.
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  #14  
Old 04-17-2009, 03:18 PM
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Quote:
Originally Posted by Zephyr View Post
If somebody steals or kills while wearing a disguise, is the penalty greater than if they did it openly?
It's very possible. When a murder is committed - if someone is wearing a mask to cover themselves, that could mean several things:

-they are very well aware of the criminal intent or their malice is apparent, and therefore they cannot later deploy the legal defense of any mannerism of 'temporary insanity' due to crime of passion, nor can they then argue that it was 'an accident' or 'self-defense' or 'unintentional'

This is because a mask indicates they had the capacity of planning the crime, were aware and thoughtful of the consequences - otherwise why would they cover their face? - that they were already thinking in the future to evade and escape prosecution. All falling in line with criminal intent, malice, capacity of free will, indication of intention.

This could mean that the sentencing maybe quiet different - we're talking the different between manslaughter versus 1st degree murder. That's the difference of 5-10 years or even a life sentence.

Same is applicable for the proposed legislation. Wearing a mask is not illegal, but if you wear a mask while committing a murder, your sentencing can change due to above reasons. Similarly, proxy servers are legal, but if they're used to commit crimes, that shows the criminal had intent and malice on his/her part.

IN the legal system, MOTIVE is a big factor.

If one kills someone and claim that they preemptively defended themselves due to the one they killed made threats against family, cops did not help, and the threat was imminent, they have a chance of a not guilty verdict. However, if they claim the same thing while committing that homicide with a mask on, it's a whole different ballpark.
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Last edited by Neo-Logic; 04-17-2009 at 03:24 PM..
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