Good News: Using A Proxy Server Isn't A Sign That You're More Of A Criminal (Yet)

from the phew dept

Wed, Apr 22nd 2009 2:48am — Mike Masnick

Some of us use proxy servers for VPN purposes, because it's just good security. However, the US Sentencing Commission was recently considering whether or not the use of a proxy server should be considered "sophisticated means," such that it could increase jailtime in sentencing for a crime. As the EFF notes, the Commission has rejected this concept for now, though, it's not entirely clear why or if this will change at a later date. However, for now, rest assured that using a proxy server doesn't automatically mean you deserve greater jailtime than if you don't.

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Filed Under: proxy servers, sentencing time

18 Comments

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ryan, 22 Apr 2009 @ 3:48am

So if I live in a bad neighborhood, where mail theft is a problem, and I decide to use a P.O. box instead, am I subject to increased sentencing if I send or am sent mail of a fraudulent nature?

..
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- ryan, 22 Apr 2009 @ 3:52am
  
  con't
  ..or what about when I use a prepaid phone instead of a land line or a mobile with an annual contract?
  
  Give me a break.
  
  While I appreciate their ruling to this point, legislators, politicians, and judges need to understand the technology before acting on it. Just like everything else. Funny how that works.
  
  ..
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Anonymous Coward, 22 Apr 2009 @ 5:14am

Guess I should stop purchasing things off the intarwebs.
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Government Spy, 22 Apr 2009 @ 5:43am

Guilty!
>..or what about when I use a prepaid phone instead of a
>land line or a mobile with an annual contract?

Using a pre-paid phone?! You must be a terrorist or drug dealer! Guilty! Guilty! Crucify him! Crucify Him!

Of course, I love how something that most computer savy people (and sometimes the not so savy) know and use is "sophisticated" to the completely ignorant judges and prosecutors.
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Norm, 22 Apr 2009 @ 6:02am

But.....
.....if you were a criminal you would use a PO Box, prepaid phone card and a proxy server....is that 3 strikes?!
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Tgeigs, 22 Apr 2009 @ 6:08am

Uh huh...
"...the Commission has rejected this concept for now"

Sure, until they can dream up a way to call someone using VPN/Proxy as a "terrorist" and then it's all over. Again.
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- TX CHL Instructor (profile), 22 Apr 2009 @ 9:08am
  
  Re: Uh huh...
  In Missouri, you are considered a potential terrorist if you support and defend the US Constitution..
  --
  http://www.chl-tx.com I support the US Constitution. All of it, not just the convenient parts.
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- The infamous Joe, 22 Apr 2009 @ 9:43am
  
  Re: Uh huh...
  someone using VPN/Proxy as a "terrorist" and then it's all over
  
  We don't use that t-word anymore, I'm told. They're now man-caused disaster technicians.
  
  ..or something like that. :P
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  - Tgeigs, 22 Apr 2009 @ 9:58am
    
    Re: Re: Uh huh...
    Agreed, my bad. I was just thinking about all of the misdirection used to go to war after the "Religion-based economic venue deconstruction" that occured in NYC in 2001...
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Overcast, 22 Apr 2009 @ 6:22am

A "proxy" server is as much a criminal tool as a radio is - it's just a means of relaying information. The idea of using them to bounce around to make tracking harder isn't going to go away, even if people who use "proxy" servers are "criminals".

I could make a prank call by proxy too - I could call a friend, who calls a friend, who calls a friend - all inverting their phones, holding the speaker to the microphone and layer the call 4 or 5 times. Just another type of 'proxy' really.

Perhaps we should take a lesson from Government here - and no longer call them "Proxy Servers" but now let's exercise our right to doublespeak and call them "broker servers" or maybe "intermediary servers" - would that make them ok?

After all - waterboarding isn't torture - it's just waterboarding - at least that's what the last Oval office attendant said.
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chris (profile), 22 Apr 2009 @ 6:54am

proxies are sooooo sophisticated
clicking that box and entering the ip and port in those text fields. that's super sophisticated.

and using a firefox add-on like foxy proxy that handles proxies for you... that is beyond sophisticated.

and going to a website and typing a URL into a blank and hitting the submit button, that's practically rocket science.
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- Judge Schmales, 22 Apr 2009 @ 7:04am
  
  Re: proxies are sooooo sophisticated
  IP = Intellectual Property?
  Port = Port of call for some illegal shipment?
  Text Field = A magical glen where thoughts are grown like corn?
  Firefox = Call sign for a F-22 Raptor's missle array?
  Foxy Proxy = The call girl I ordered last night?
  URL = Unregistered Retarded Latino?
  
  Forget it, I'm going golfing
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  - The infamous Joe, 22 Apr 2009 @ 9:45am
    
    Re: Re: proxies are sooooo sophisticated
    You should always register your retarded latinos.
    
    Always.
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    - Tgeigs, 22 Apr 2009 @ 9:56am
      
      Re: Re: Re: proxies are sooooo sophisticated
      I really wanted to post that comment under my usual name, simply because I thought it was funny, but picturing Judge Schmales saying it was even better.
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  - Yakko Warner, 22 Apr 2009 @ 10:08am
    
    Re: Re: proxies are sooooo sophisticated
    You win. Lock the comments.
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Anonymous of Course, 22 Apr 2009 @ 9:40am

Two thoughts.
If people would receive a harsher sentences for using a proxy during the commission of a crime, shouldn't the same hold true for wearing a ski-mask during a crime?

A proxy is just a tool, like a crowbar. If person is
caught with a crowbar after breaking into a house
they'll be charged with possession of burglary tools.
Why is this different?
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Slackr, 22 Apr 2009 @ 3:58pm

Anyone want to wager how much they spent coming to this ground-breaking conclusion? Best Use of Funds Award 2009?
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Paul, 16 Jun 2014 @ 2:33am

Anonymous Browsing
Big brother is always wanting to keep his finger on us and everything we do in the name of "security." When it is our security "we" are trying to protect.
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