Does stopping one malware attack forgive creating and selling other malware?

This is the question the Milwaukee courts will be deciding as further details bring things into focus. In case you missed the headlines, Marcus Hutchins was publicly lauded as a hero after stopping the WannaCry attack in its tracks this year. But this likely will not be enough to free him from the 6 counts against him for allegedly creating and selling “Kronos” malware back in 2014 and 2015.

The 23-year-old was arrested by the FBI in Las Vegas after leaving the DefCon hacking convention. His bail was relatively low at $30,000 and he will be allowed to use computers and the internet for work but nothing else. He will also be tracked via GPS at all times. His mother claims it is “hugely unlikely” that Marcus was involved in a malware scheme of this nature considering he spends “enormous amounts of time and even his free time” trying to thwart malware.

https://pixabay.com
“In order to stop a criminal, you have to think like one. First I’m going to need you to put on this mask, then watch V for Vendetta a few times…”

Now it seems likely that Hutchins will face criminal charges and jail time because the U.S. government hates hackers.

Especially in light of any blame the NSA might shoulder for apparently stockpiling malware like WannaCry.

Which is, according to Microsoft, where the WannaCry hackers (North Korea) most likely picked up their handy cyber apocalypse tool. And a quick reminder, we’re also still not blaming Microsoft for failing to impose mandatory updates for out of date operating systems affected by WannaCry. So why then are we so eager to publicly punish this 23-year-old tech wizard?

https://pixabay.com
“Because Wizardry is in violation of the Geneva Convention?”

Because if the allegations are true, it means that Marcus Hutchins provided criminals with the means to ruin a person’s financial life. And not in that shady “bank fees” kind of way. No, the Kronos malware is designed to infect computers and steal login info. That’s more of a smash and grab instead of crafty financial language and false transaction counts (both still illegal btw…).

If you recall, in my previous post about WannaCry I made a sound analogy to the auto industry’s responsibility for faulty air bags. And I asked why Microsoft isn’t being held accountable for failing to protect customers from their out of date operating systems? This is an easy comparison because laws are made all the time to protect consumers from willfully faulty goods and services. But cars and Windows operating systems are not specifically designed to hurt people. So let’s change the debate.

Considering Marcus Hutchins may have created malware specifically designed to hurt people, let’s compare him to a gun maker.

Guns are made to kill or wound. That is their one and only purpose. Every other application is auxiliary to that main focus. We then have to ask, are gun makers responsible for the deaths and pain their product inflicts? No, they are not. So then why is Marcus Hutchins on the line for his malware? I don’t know. Is it because he’s not a registered corporation? He can still file as a sole proprietor. Unless he didn’t file at all. Which means he’s evading taxes? Sometimes there is only one way to know if you’re dealing with a criminal- look at his tax return.

https://pixabay.com
“If I decide not to use public roads or services anymore, do I still need to pay taxes?”

Now, this is definitely speculation but tax evasion is the best way to prosecute someone who otherwise appears innocent. That is exactly how the U.S. Government finally brought down Al Capone in the 1930’s. And Capone was a murderous gangster and a bootlegger. But bringing a hacker down in this capacity might be even harder.

Was Marcus Hutchins in the U.S. at the time of the malware sale? Don’t know. Was he supportive of criminal activity engaged in using his Kronos malware? I still don’t know. Does stopping malware forgive creating it? Don’t know, probably not. But I do know that if the U.S. Government doesn’t put this kid on the payroll to thwart cyber crime for the length of his sentence, they are going to make a criminal example out of him.

https://pixabay.com
“Now, this is an example of a perfect criminal!”

If you like what you just read, sign up for our newsletter to receive fresh posts right to your inbox. (Refresh and use the pop-up on this page…)

If you need a Shopify website look no further. We develop and support Shopify shops.

And if you’re looking for sweet deals on electronics that can improve your business workflows: check out our Affiliate page.

If none of this applies to you but you kept reading, thank you. We hope you enjoyed the ride.