zlacker

[return to "Ross Ulbricht Sentenced to Life in Prison"]
1. smhend+v1[view] [source] 2015-05-29 20:26:52
>>uptown+(OP)
That seems way too harsh to me. I have strong opinions on the US War on Drugs and it's failure to meaningful deal with drug use/abuse in the USA. And I feel even worse about how it's spilling out into the rest of the world as we go "global" with everything.

I can't say I know every detail of the case but I don't recall anyone getting killed or even hurt by Mr. Ulbricht so in my mind the punishment does not fit the crime. IMHO the death penalty should be off the table completely (go Nebraska!) and life in prison reserved for only violent offenders. You can argue that he enabled people to harm themselves but I think that's stretching it. If people want to take drugs, even take too much drugs their going to get it somewhere. If drugs were legal and treatment of abuse the focus instead of punishment Silk Road wouldn't have existed in the first place.

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2. drcode+o2[view] [source] 2015-05-29 20:31:59
>>smhend+v1
You have to understand that the "murder for hire" evidence was introduced as part of the trial (at which point Ross' lawyer could have disputed it, but didn't) so it could be used as part of the sentencing decision... and that kind of takes the luster off of the "non-violent crime" argument.
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3. Boards+f3[view] [source] 2015-05-29 20:36:30
>>drcode+o2
There was no such thing introduced for the trial. It was in the original press release, then it was withdrawn. Maybe it was because of Mark Force's transgressions, or maybe it was just for effect. Regardless, he never got the chance to defend himself against those particular allegations.
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4. mckoss+K6[view] [source] 2015-05-29 21:01:31
>>Boards+f3
Agreed. From the FBI press release on his conviction[1] no mention of the murder-for-hire charge. This conviction and sentencing all stem from the drug-selling business enterprise.

Our war-on-drugs sentencing is quite disproportional, IMHO; imputing societal harms that are unfounded. After all, Mr. Ulbright simply provided a safer way for consenting individuals to enter personal financial transactions.

Silk Road is a drop in the bucket compared to all the transactions arranged over SMS messages and using cash - but we don't hold AT&T and the Federal Reserve responsible for running a criminal enterprise.

===== ULBRICHT, 30, of San Francisco, California, was found guilty of: one count of distributing narcotics, one count of distributing narcotics by means of the Internet, and one count of conspiring to distribute narcotics, each of which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years; one count of engaging in a continuing criminal enterprise, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 20 years in prison; one of count of conspiring to commit computer hacking, which carries a maximum sentence of five years in prison; one count of conspiring to traffic in false identity documents, which carries a maximum sentence of 15 years; and one count of conspiring to commit money laundering, which carries a maximum sentence of 20 years in prison. The maximum sentences are prescribed by Congress and are provided for informational purposes only, as the sentence will be determined by the judge. ULBRICHT is scheduled to be sentenced on May 15, 2015.

  [1] http://www.fbi.gov/newyork/press-releases/2015/ross-ulbricht-the-creator-and-owner-of-the-silk-road-website-found-guilty-in-manhattan-federal-court-on-all-counts
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5. cm2187+u8[view] [source] 2015-05-29 21:16:38
>>mckoss+K6
You seem to suggest that silkroad was an innocent market place that was used for drug trafficking without the knowledge of its creator...
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6. mckoss+hz[view] [source] 2015-05-30 05:45:27
>>cm2187+u8
Does that matter? There was nothing drug specific about the site implementation - you could sell anything you wanted to (gold, collectables, etc).

He provided a system that could be used as a valuable service for legal activities. It could also be used for illegal or banned activities in various jurisdictions.

I'm just saying that it's a dangerous precedent to say that anyone creating a communication or transaction platform can be held liable for conspiring with users who use it to commit crimes.

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7. cm2187+SC[view] [source] 2015-05-30 07:27:05
>>mckoss+hz
It does. If you create "the drug and other illegal products and services" market place, it is hard to argue you are not a drug dealer. Intent is a big deal when determining whether a behaviour is criminal.
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