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		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8963</id>
		<title>DistOS-2011W Justice</title>
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		<updated>2011-03-28T03:06:19Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. Although the implementations have separate modes of operation, they both take a teleologic-retributive approach to punishment; by this we mean punishment is necessary but we will not inflict punishmnets that will negatively affect the performance or stability of the distributed system.&lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
The first deviant act we will investigate is comment spam. The type of spam we are focusing on are usually automated scripts which insert the same comment, usually including links to other destination websites, on forums of public sites. Although usually annoying, these comments can direct users to locations where malicious code may be introduced to unsuspecting users who trust the content of the original site where the forum was hosted. &lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
*provide description of denial of service attack.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
Phishing provides an interesting challenge for a justice system as the deviant act involves a website that is perfectly legal. A phishing attack occurs when a user visits a website and enters information/clicks on a link expecting the site he/she is visiting to be secure. Unfortunately the site they have been directed to has been designed to imitate the appearance and behaviour of the site the user wishes to visit, but it is not actually the real webpage. As a result, a user may expose private information to parties that are not legally entitled to view the data. Although it is not illegal for the &amp;quot;fake site&amp;quot; to exist, the usage of the site is an act that must be addressed by the justice system.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8962</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8962"/>
		<updated>2011-03-28T03:03:44Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;All computers have a unique ID&#039;&#039;&#039; - &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;There exists some form of morality reputation that is public knowledge.&#039;&#039;&#039; - It should be clear to everyone how you can lose morality. There should also be a clear process to follow in case of disputes. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Website administrators will limit site usage based on the morality/reputation rating.&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Morality history.&#039;&#039;&#039; - The current morality value is useful for quick validation. More complicated scenarios (e.g., buying something from ebay) might merit a more detailed explanation of why a computer has a particular morality value, so it should be possible to see the history. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Website administrators will determine what restrictions are imposed on a website based on morality ratings. Different sites may have different penalties based on their own rules.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Local Implementation ===&lt;br /&gt;
&lt;br /&gt;
* Each implementation stores an encrypted log of accesses.&lt;br /&gt;
* Using statistics (as described in the network criminology) to create evidence logs to detect such things as DDoS.&lt;br /&gt;
* A leader or group of leaders stores a master list of offenders, using the same style of moral rating.&lt;br /&gt;
* The master list is propagated to nodes within the network, each website using the moral rating in a default or custom manner.&lt;br /&gt;
* Network is used specifically for providers of services. Members of the network can provide shared services based on the network configuration (outside of our scope).&lt;br /&gt;
* The leader or group of leaders would gather evidence logs when an offense is made, and update the master list.&lt;br /&gt;
* network designed for prevention of outside attackers, instead of within.&lt;br /&gt;
&lt;br /&gt;
*http://delivery.acm.org/10.1145/360000/356846/p185-bernstein.pdf?key1=356846&amp;amp;key2=3639080031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.254.250&amp;amp;CFID=14736879&amp;amp;CFTOKEN=22326715&lt;br /&gt;
**Paper discussing ways to handle a distributed database in this sort of setup.&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
&amp;lt;u&amp;gt;Evidence&amp;lt;/u&amp;gt;&lt;br /&gt;
*Need to detect the bots and the origin of the spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
&amp;lt;u&amp;gt;investigating computer&amp;lt;/u&amp;gt;&lt;br /&gt;
*has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
*compares the reported message to other ommunications to detect if spam has occurred.&lt;br /&gt;
&amp;lt;u&amp;gt;Currently deployed solutions&amp;lt;/u&amp;gt;&lt;br /&gt;
*CAPTCHAS - try to detect if the comment submission came from a human or a bot. &lt;br /&gt;
*Filtering - scan for and block specific keywords (pharmaceutical terms, porn terms, etc)&lt;br /&gt;
*Rate limiting - only allow N comments in X time from the same source.&lt;br /&gt;
&lt;br /&gt;
===Denial of Service===&lt;br /&gt;
Use the unique ID to trace back all traffic from the DoS attack to originating machines.&lt;br /&gt;
*if a certain percent of the traffic originates from a single ID (say 60%), then a DoS has occurred.&lt;br /&gt;
*only the computer conducting the DoS is penalized.&lt;br /&gt;
&amp;lt;u&amp;gt;Current solutions&amp;lt;/u&amp;gt;&lt;br /&gt;
*Blacklists - Don&#039;t allow incoming connections from specific IP addresses&lt;br /&gt;
*Routing/configuration - Ingress filtering, ACL, firewalls, syn-cookies&lt;br /&gt;
*Dynamic over-provisioning - When you detect a surge in traffic (legitimate or attack), increase the amount of bandwidth available. &lt;br /&gt;
*Null routing - Refuse to route traffic being sent to the victim for a period of time (upstream)&lt;br /&gt;
&lt;br /&gt;
===Phishing===&lt;br /&gt;
Send the original website link as well as the phishing site link in the report so that the investigating computer can compare.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8961</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8961"/>
		<updated>2011-03-28T03:03:03Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
The first deviant act we will investigate is comment spam. The type of spam we are focusing on are usually automated scripts which insert the same comment, usually including links to other destination websites, on forums of public sites. Although usually annoying, these comments can direct users to locations where malicious code may be introduced to unsuspecting users who trust the content of the original site where the forum was hosted. &lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
*provide description of denial of service attack.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
Phishing provides an interesting challenge for a justice system as the deviant act involves a website that is perfectly legal. A phishing attack occurs when a user visits a website and enters information/clicks on a link expecting the site he/she is visiting to be secure. Unfortunately the site they have been directed to has been designed to imitate the appearance and behaviour of the site the user wishes to visit, but it is not actually the real webpage. As a result, a user may expose private information to parties that are not legally entitled to view the data. Although it is not illegal for the &amp;quot;fake site&amp;quot; to exist, the usage of the site is an act that must be addressed by the justice system.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8960</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8960"/>
		<updated>2011-03-28T03:02:30Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Case 3: Phishing: */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
THIS SECTION IS GOING TO BE REMOVED ONCE THE OTHER DETAILS ARE ADDED!!!!!!!!&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
The first deviant act we will investigate is comment spam. The type of spam we are focusing on are usually automated scripts which insert the same comment, usually including links to other destination websites, on forums of public sites. Although usually annoying, these comments can direct users to locations where malicious code may be introduced to unsuspecting users who trust the content of the original site where the forum was hosted. &lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
*provide description of denial of service attack.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
Phishing provides an interesting challenge for a justice system as the deviant act involves a website that is perfectly legal. A phishing attack occurs when a user visits a website and enters information/clicks on a link expecting the site he/she is visiting to be secure. Unfortunately the site they have been directed to has been designed to imitate the appearance and behaviour of the site the user wishes to visit, but it is not actually the real webpage. As a result, a user may expose private information to parties that are not legally entitled to view the data. Although it is not illegal for the &amp;quot;fake site&amp;quot; to exist, the usage of the site is an act that must be addressed by the justice system.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8959</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8959"/>
		<updated>2011-03-28T02:55:58Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Case 2: Denial of Service: */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
THIS SECTION IS GOING TO BE REMOVED ONCE THE OTHER DETAILS ARE ADDED!!!!!!!!&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
The first deviant act we will investigate is comment spam. The type of spam we are focusing on are usually automated scripts which insert the same comment, usually including links to other destination websites, on forums of public sites. Although usually annoying, these comments can direct users to locations where malicious code may be introduced to unsuspecting users who trust the content of the original site where the forum was hosted. &lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
*provide description of denial of service attack.&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8958</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8958"/>
		<updated>2011-03-28T02:54:37Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Case 1: Comment Spam: */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
THIS SECTION IS GOING TO BE REMOVED ONCE THE OTHER DETAILS ARE ADDED!!!!!!!!&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
The first deviant act we will investigate is comment spam. The type of spam we are focusing on are usually automated scripts which insert the same comment, usually including links to other destination websites, on forums of public sites. Although usually annoying, these comments can direct users to locations where malicious code may be introduced to unsuspecting users who trust the content of the original site where the forum was hosted. &lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8957</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8957"/>
		<updated>2011-03-28T02:49:54Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Components Necessary for a Distributed Computer Justice System */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
THIS SECTION IS GOING TO BE REMOVED ONCE THE OTHER DETAILS ARE ADDED!!!!!!!!&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8956</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8956"/>
		<updated>2011-03-28T02:49:22Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Use Case Investigation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Local Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;&amp;lt;i&amp;gt;Global Implementation Solution:&amp;lt;/i&amp;gt;&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8955</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8955"/>
		<updated>2011-03-28T02:46:52Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
==Local &amp;quot;Justice Web&amp;quot; Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Global Implementation==&lt;br /&gt;
* provide details of implementation here.&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Use Case Investigation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Local Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Global Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 2: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Local Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Global Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
===Case 3: Phishing:===&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Local Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
====&amp;lt;u&amp;gt;Global Implementation Solution:&amp;lt;/u&amp;gt;====&lt;br /&gt;
* provide details&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8954</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8954"/>
		<updated>2011-03-28T02:43:08Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system. In fact, our team could not come up with one complete system that would be feasible; instead we have two potential implementations each with there own positives and negatives. &lt;br /&gt;
&lt;br /&gt;
The remainder of this article will detail the two justice system implementations at a high level and describe how each system could handle three deviant behaviour scenarios; Comment Spam, Denial of Serice Attacks and Phishing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Proposed Implentation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
===Case 2: Unauthorized Access:===&lt;br /&gt;
&lt;br /&gt;
===Case 3: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
===Case 4: Phishing:===&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8953</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8953"/>
		<updated>2011-03-28T02:36:57Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame, this might allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
Designing a complete justice system implementation is far beyond the scope of this project. This does not mean it is not important to describe the important features that a fully functional system would require and outline the potential benefits and shortcomings of the system.&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Proposed Implentation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
===Case 2: Unauthorized Access:===&lt;br /&gt;
&lt;br /&gt;
===Case 3: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
===Case 4: Phishing:===&lt;br /&gt;
&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8705</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8705"/>
		<updated>2011-03-17T19:38:03Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&lt;br /&gt;
&lt;br /&gt;
There exists some form of morality reputation that is public knowledge.&lt;br /&gt;
&lt;br /&gt;
Website administrators will limit site usage based on the morality/reputation rating.&lt;br /&gt;
&lt;br /&gt;
Laws should be posted so that everyone can see what actions will reduce their morality rating.&lt;br /&gt;
&lt;br /&gt;
Website administrators will determine what restrictions are imposed on a website based on morality ratings. Different sites may have different penalties based on their own rules.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
&amp;lt;u&amp;gt;Evidence&amp;lt;/u&amp;gt;&lt;br /&gt;
*Need to detect the bots and the origin of the spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
&amp;lt;u&amp;gt;investigating computer&amp;lt;/u&amp;gt;&lt;br /&gt;
*has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
*compares the reported message to other ommunications to detect if spam has occurred.&lt;br /&gt;
&lt;br /&gt;
===Denial of Service===&lt;br /&gt;
Use the unique ID to trace back all traffic from the DoS attack to originating machines.&lt;br /&gt;
*if a certain percent of the traffic originates from a single ID (say 60%), then a DoS has occurred.&lt;br /&gt;
*only the computer conducting the DoS is penalized.&lt;br /&gt;
&lt;br /&gt;
===Phishing===&lt;br /&gt;
Send the original website link as well as the phishing site link in the report so that the investigating computer can compare.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8704</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8704"/>
		<updated>2011-03-17T19:37:52Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&lt;br /&gt;
&lt;br /&gt;
There exists some form of morality reputation that is public knowledge.&lt;br /&gt;
&lt;br /&gt;
Website administrators will limit site usage based on the morality/reputation rating.&lt;br /&gt;
&lt;br /&gt;
Laws should be posted so that everyone can see what actions will reduce their morality rating.&lt;br /&gt;
&lt;br /&gt;
Website administrators will determine what restrictions are imposed on a website based on morality ratings. Different sites may have different penalties based on their own rules.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
&amp;lt;u&amp;gt;Evidence&amp;lt;/u&amp;gt;&lt;br /&gt;
*Need to detect the bots and the origin of the spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
&amp;lt;u&amp;gt;investigating computer&amp;lt;/u&amp;gt;&lt;br /&gt;
*has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
*compares the reported message to other ommunications to detect if spam has occurred.&lt;br /&gt;
&lt;br /&gt;
===Denial of Service===&lt;br /&gt;
Use the unique ID to trace back all traffic from the DoS attack to originating machines.&lt;br /&gt;
*if a certain percent of the traffic originates from a single ID (say 60%), then a DoS has occurred.&lt;br /&gt;
*only the computer conducting the DoS is penalized.&lt;br /&gt;
&lt;br /&gt;
===Phishing===&lt;br /&gt;
Send the original website link as well as the phishing site link in the report so that the investigating computer can compare.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8703</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8703"/>
		<updated>2011-03-17T19:37:36Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&lt;br /&gt;
&lt;br /&gt;
There exists some form of morality reputation that is public knowledge.&lt;br /&gt;
&lt;br /&gt;
Website administrators will limit site usage based on the morality/reputation rating.&lt;br /&gt;
&lt;br /&gt;
Laws should be posted so that everyone can see what actions will reduce their morality rating.&lt;br /&gt;
&lt;br /&gt;
Website administrators will determine what restrictions are imposed on a website based on morality ratings. Different sites may have different penalties based on their own rules.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
&amp;lt;u&amp;gt;Evidence&amp;lt;/u&amp;gt;&lt;br /&gt;
*Need to detect the bots and the origin of the spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
&amp;lt;u&amp;gt;investigating computer&amp;lt;/u&amp;gt;&lt;br /&gt;
*has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
*compares the reported message to other ommunications to detect if spam has occurred.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Denial of Service===&lt;br /&gt;
Use the unique ID to trace back all traffic from the DoS attack to originating machines.&lt;br /&gt;
*if a certain percent of the traffic originates from a single ID (say 60%), then a DoS has occurred.&lt;br /&gt;
*only the computer conducting the DoS is penalized.&lt;br /&gt;
&lt;br /&gt;
===Phishing===&lt;br /&gt;
Send the original website link as well as the phishing site link in the report so that the investigating computer can compare.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8702</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8702"/>
		<updated>2011-03-17T19:32:12Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;There exists some form of morality reputation that is public knowledge.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;Website administrators will limit site usage based on the morality/reputation rating.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
&amp;lt;u&amp;gt;Evidence&amp;lt;/u&amp;gt;&lt;br /&gt;
*Need to detect the bots and the origin of the spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
&amp;lt;u&amp;gt;investigating computer&amp;lt;/u&amp;gt;&lt;br /&gt;
*has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
*compares the reported message to other ommunications to detect if spam has occurred.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Denial of Service===&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8701</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8701"/>
		<updated>2011-03-17T19:30:29Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Conmment Spam */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;There exists some form of morality reputation that is public knowledge.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;Website administrators will limit site usage based on the morality/reputation rating.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Comment Spam===&lt;br /&gt;
====Evidence====&lt;br /&gt;
*Need to detect the bots and the origin of he spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
*investigating computer:&lt;br /&gt;
**has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
**compares the reported message to other ommunications to detect if spam has occurred.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8700</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8700"/>
		<updated>2011-03-17T19:30:07Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;There exists some form of morality reputation that is public knowledge.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;Website administrators will limit site usage based on the morality/reputation rating.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Conmment Spam===&lt;br /&gt;
====Evidence====&lt;br /&gt;
*Need to detect the bots and the origin of he spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
*investigating computer:&lt;br /&gt;
**has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
**compares the reported message to other ommunications to detect if spam has occurred.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8699</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8699"/>
		<updated>2011-03-17T19:29:50Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Implementation Section Notes */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;br /&gt;
&lt;br /&gt;
&amp;lt;b&amp;gt;All computers have a unique ID.&amp;lt;/b&amp;gt;&lt;br /&gt;
&amp;lt;b&amp;gt;There exists some form of morality reputation that is public knowledge.&amp;lt;/b&amp;gt;&lt;br /&gt;
&amp;lt;b&amp;gt;Website administrators will limit site usage based on the morality/reputation rating.&amp;lt;/b&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===Conmment Spam===&lt;br /&gt;
====Evidence====&lt;br /&gt;
*Need to detect the bots and the origin of he spam.&lt;br /&gt;
*should include:&lt;br /&gt;
**the comment itself.&lt;br /&gt;
**a link to the page the comment exists on.&lt;br /&gt;
**the unique ID of the perpetrator.&lt;br /&gt;
**justification of why it is spam.&lt;br /&gt;
*investigating computer:&lt;br /&gt;
**has access to the transaction/communication data of the perpetrating computer.&lt;br /&gt;
**compares the reported message to other ommunications to detect if spam has occurred.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8698</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8698"/>
		<updated>2011-03-17T19:23:46Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
===Mar 17===&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[http://www.computer.org/portal/web/csdl/doi/10.1109/ICDCS.2006.78 Prevent DOS by preventing spoofing]&lt;br /&gt;
&lt;br /&gt;
Also looking at Ingress filtering is also another good method to prevent users on a network from spoofing ips for DOS attacks. [http://delivery.acm.org.proxy.library.carleton.ca/10.1145/350000/347560/p295-savage.pdf?key1=347560&amp;amp;key2=5289230031&amp;amp;coll=DL&amp;amp;dl=ACM&amp;amp;ip=134.117.10.200&amp;amp;CFID=14033754&amp;amp;CFTOKEN=82498533 link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Implementation Section Notes==&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8697</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8697"/>
		<updated>2011-03-17T19:22:34Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
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This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
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&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
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In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
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If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
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One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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===Applying justice to computers===&lt;br /&gt;
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The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
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===Morality Reputation (Rap Sheet)===&lt;br /&gt;
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&lt;br /&gt;
==Proposed Implentation==&lt;br /&gt;
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===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
===Case 2: Unauthorized Access:===&lt;br /&gt;
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===Case 3: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
===Case 4: Phishing:===&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
=Resources=&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8616</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8616"/>
		<updated>2011-03-15T19:48:47Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Possible Implementation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Components Necessary for a Distributed Computer Justice System==&lt;br /&gt;
&lt;br /&gt;
===Reporting System===&lt;br /&gt;
* needs to be limited so that it can not be spammed....maybe only a certain number of reports can be logged per day, per hour, etc.&lt;br /&gt;
* all users need to be able to report a crime based on the known laws of the distributed system.&lt;br /&gt;
&lt;br /&gt;
===Evidence Logging System===&lt;br /&gt;
&lt;br /&gt;
===Morality Reputation (Rap Sheet)===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Proposed Implentation==&lt;br /&gt;
&lt;br /&gt;
===Case 1: Comment Spam:===&lt;br /&gt;
&lt;br /&gt;
===Case 2: Unauthorized Access:===&lt;br /&gt;
&lt;br /&gt;
===Case 3: Denial of Service:===&lt;br /&gt;
&lt;br /&gt;
===Case 4: Phishing:===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8615</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8615"/>
		<updated>2011-03-15T19:42:44Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Mens Rea - state of the mind: */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
For a computer, there is no such thing as &amp;quot;intent&amp;quot;, there is only computation. As such, discovering the intent of a computer is a meaningless task. To handle this issue a system of justice for computers can take one of two approaches; it can attempt to discover the intent of the user of the computer before distribution of punishment, or it can punish all perpetrators of an act with the same severity regardless of intent. If a computer justice system attempts to discover the intent of the human operating a computer then this system must involve a human who can decipher human reason. This would create a justice system that would have a bottleneck at the human investigation point. For our purposes, we propose that all perpetrators of a deviant act are punished with the same severity to prevent the need for human interventions/investigations.&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8614</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8614"/>
		<updated>2011-03-15T19:34:54Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Justice Involving Computers */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8613</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8613"/>
		<updated>2011-03-15T19:34:39Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Applying justice to computers */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8612</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8612"/>
		<updated>2011-03-15T19:34:28Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Computer Fraud and Abuse Act */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act:=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8611</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8611"/>
		<updated>2011-03-15T19:34:17Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Mens Rea - state of the mind */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind:=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
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[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8610</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8610"/>
		<updated>2011-03-15T19:33:42Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Addition Concepts Related to Justice */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
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In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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&lt;br /&gt;
====Intent:====&lt;br /&gt;
=====Mens Rea - state of the mind=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8609</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8609"/>
		<updated>2011-03-15T19:33:15Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Can Justice be Implemented on a Distributed Computing System: Discussion */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
====Intent:====&lt;br /&gt;
&lt;br /&gt;
=====Mens Rea - state of the mind=====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
=====Computer Fraud and Abuse Act=====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8608</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8608"/>
		<updated>2011-03-15T19:29:47Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Justice Involving Computers */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causal factor is the crime that has taken place. Before discussing how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
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[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
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[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
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[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
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[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
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[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
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[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
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[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8607</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8607"/>
		<updated>2011-03-15T19:28:40Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Can Justice be Implemented on a Distributed Computing System: Discussion */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
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This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
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&amp;lt;br/&amp;gt;&lt;br /&gt;
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=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how they relate to potential justice in the realm of computers.&lt;br /&gt;
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==What is Justice?==&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
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In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
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====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
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====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
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Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality:====&lt;br /&gt;
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For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
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Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
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If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
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It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
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One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
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In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
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( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
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Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
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===Applying justice to computers===&lt;br /&gt;
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The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
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Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
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=Possible Implementation=&lt;br /&gt;
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==Crime and Punishment==&lt;br /&gt;
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A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
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[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
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[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
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[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
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[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
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[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
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[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
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[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8606</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8606"/>
		<updated>2011-03-15T19:26:07Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Can Justice be Implemented on a Distributed Computing System: Discussion */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
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This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
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=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
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==What is Justice?==&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
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In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
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====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
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====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
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Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality:====&lt;br /&gt;
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For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
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Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
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If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
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It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
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The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
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One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
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In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
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( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
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Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
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===Applying justice to computers===&lt;br /&gt;
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The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
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Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
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=Possible Implementation=&lt;br /&gt;
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==Crime and Punishment==&lt;br /&gt;
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A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8605</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8605"/>
		<updated>2011-03-15T19:24:18Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Morality */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Morality:====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8604</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8604"/>
		<updated>2011-03-15T19:23:53Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* What is Justice? */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8603</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8603"/>
		<updated>2011-03-15T19:23:33Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* What is Justice? */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
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The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8602</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8602"/>
		<updated>2011-03-15T19:20:57Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* What is Justice? */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. &lt;br /&gt;
&lt;br /&gt;
In order for a society to uphold justice it must possess the ability to punish those who behave in a deviant manner. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
&lt;br /&gt;
====Teleologic View of Punishment:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive View of Punishment:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive View of Punishment:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8601</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8601"/>
		<updated>2011-03-15T19:15:32Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Theory of Justice */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are three main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
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[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
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[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
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[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
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[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8600</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8600"/>
		<updated>2011-03-15T19:15:14Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Can Justice be Implemented on a Distributed Computing System: Discussion */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
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This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
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=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
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==What is Justice?==&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
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====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
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Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
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====Morality====&lt;br /&gt;
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For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
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Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
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If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
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It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
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One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
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In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
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( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
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Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
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===Applying justice to computers===&lt;br /&gt;
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The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
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Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
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=Possible Implementation=&lt;br /&gt;
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==Crime and Punishment==&lt;br /&gt;
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A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
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[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
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[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
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[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
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[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
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[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8599</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8599"/>
		<updated>2011-03-15T19:14:41Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Can Justice be Implemented on a Distributed Computing System: Discussion */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
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This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
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=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
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In this section we present definitions of human justice and punishment. It is important to understand these concepts so that we can use them as a template to create a system of justice for a distributed computing environment. This section also includes definitions of key concepts related to justice and how thewy relate to potential justice in the realm of computers.&lt;br /&gt;
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==What is Justice?==&lt;br /&gt;
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To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
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====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
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Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
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In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
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====Morality====&lt;br /&gt;
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For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
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Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
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If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Mens Rea - state of the mind====&lt;br /&gt;
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It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
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====Computer Fraud and Abuse Act====&lt;br /&gt;
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The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
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One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
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====General Deterrence Theory (GDT)====&lt;br /&gt;
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In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
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( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
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Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
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===Applying justice to computers===&lt;br /&gt;
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The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
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Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
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Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
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(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
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=Possible Implementation=&lt;br /&gt;
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==Crime and Punishment==&lt;br /&gt;
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A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8598</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8598"/>
		<updated>2011-03-15T19:10:59Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Purpose of Justice: */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] Essentially justice must ensure that a society is able to operate efficiently and with sufficient stability. This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8597</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8597"/>
		<updated>2011-03-15T19:07:14Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8596</id>
		<title>Talk:DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=Talk:DistOS-2011W_Justice&amp;diff=8596"/>
		<updated>2011-03-15T19:06:27Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Meetings==&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 01&amp;lt;/u&amp;gt;===&lt;br /&gt;
Early discussions on how we would define justice:&lt;br /&gt;
* what are the components of justice?&lt;br /&gt;
* should justice involve preventative measure or should it be strictly reactive?&lt;br /&gt;
&lt;br /&gt;
How would evidence be collected and logged?&lt;br /&gt;
&lt;br /&gt;
Discussions on what &amp;quot;punishment&amp;quot; means when referring to computers:&lt;br /&gt;
* What can we do to punish or penalize computers?&lt;br /&gt;
* Does it make sense to punish computers?&lt;br /&gt;
&lt;br /&gt;
Discussions on how human penal systems work:&lt;br /&gt;
* do we want computer justice to be used to dissuade deviant behaviour or should it be used to punish those who have committed &amp;quot;bad&amp;quot; acts?&lt;br /&gt;
* should we implement a system that catches/punishes all bad acts or just punish reported acts?&lt;br /&gt;
* how will we classify deviant behaviour?&lt;br /&gt;
** by the act itself &lt;br /&gt;
** by the results of the act&lt;br /&gt;
&lt;br /&gt;
Discussed how there would need to be some sort of hierarchical justice system with figure heads who manage justice activities for their specific region:&lt;br /&gt;
* collective internet justice: &amp;lt;b&amp;gt;Justice Web&amp;lt;/b&amp;gt; or &amp;lt;b&amp;gt;JLA&amp;lt;/b&amp;gt; (Justice Link Assessment)&lt;br /&gt;
* each region patrolled by a justice managing unit:&lt;br /&gt;
** Internet Batman (Gotham), Internet Superman (Metropolis), etc.&lt;br /&gt;
&lt;br /&gt;
Divided the task of finding research papers into 3 sections:&lt;br /&gt;
* current ways to &amp;quot;punish&amp;quot; computers (Matthew)&lt;br /&gt;
* ways to collect, log, categorize evidence of inappropriate behaviour (Thomas)&lt;br /&gt;
* human methods of justice, various penal systems in our current and historical societies (Mike)&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 03&amp;lt;/u&amp;gt;===&lt;br /&gt;
Initial discussions focused on how we were having difficulty finding papers related to the concept of justice in computers, so we focused on trying to determine exactly what justice should be in the realm of distributed computing:&lt;br /&gt;
* punishing computers is difficult as computers do not care what task they are given, they just complete computations.&lt;br /&gt;
* punishing people is not really the focus we need as that is what human laws are for.&lt;br /&gt;
* if there is some way to punish a computer, does it make sense to punish computers that are being used for &amp;quot;bad&amp;quot; actions if the owner of the computer is unaware of this activity.&lt;br /&gt;
** does this punishment really have a greater effect on the owner of the computer than the computer itself?&lt;br /&gt;
&lt;br /&gt;
Our new focus is to try and narrow down if the concept of justice actually has a place in distributed computing:&lt;br /&gt;
* determine what purpose justice would serve...why would we have it?&lt;br /&gt;
** if we decide justice is a necessary concept, the focus will become what is a &amp;quot;fair&amp;quot; way to apply punishment for &amp;quot;bad&amp;quot; actions.&lt;br /&gt;
** if justice does not have a useful purpose then we must detail the reason that it is not beneficial.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 08&amp;lt;/u&amp;gt;===&lt;br /&gt;
*&#039;&#039;&#039;Definition of Justice&#039;&#039;&#039; - Can we separate the computer punishment from the user punishment?&lt;br /&gt;
*&#039;&#039;&#039;Transparency&#039;&#039;&#039; - keeping &amp;quot;rap sheets&amp;quot; on what systems are doing/have done. If you were wrongfully accused for participating in a malicious attack, this can be clarified&lt;br /&gt;
*&#039;&#039;&#039;Punishment&#039;&#039;&#039; - Computational puzzles for fighting unsolicited inbound traffic. &lt;br /&gt;
*&#039;&#039;&#039;Morality rating&#039;&#039;&#039; - Systems get a &amp;quot;moral rating&amp;quot; that can go up or down. Based on this rating, more or less trust can be given to that system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Capital punishment? &lt;br /&gt;
Financial sanction or imprisonment are our current way of punishment. they&#039;re expensive (maintain databases, keeping state, paying for prisons). &lt;br /&gt;
&lt;br /&gt;
bodily harm - limited time to perform. the fact that they&#039;ve been punished is visible. losing hands, losing eyes, people can see that. information propagates because the authorities make an example of someone. &lt;br /&gt;
&lt;br /&gt;
maybe the solution is to restrict protocols if you have a low morality rating. for e.g., you can restrict encryption and compression, which means anything you do will be publicly visible.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Mar 10&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
* Offender Registration: Global list of morality registered for perusal of other networks.&lt;br /&gt;
* Encrypted logs on client-side&lt;br /&gt;
** Reporting with tangible evidence&lt;br /&gt;
* Compensation for crimes&lt;br /&gt;
* virus notification&lt;br /&gt;
* detrimental to attacker buying a new computer, rather than total prevention&lt;br /&gt;
** assumption that computer can always be identified&lt;br /&gt;
* virus as umbrella group for mobile code&lt;br /&gt;
** active attackers punished differently from passive attackers&lt;br /&gt;
* Research Topics:&lt;br /&gt;
** What is Justice?&lt;br /&gt;
*** Mike&lt;br /&gt;
** Justice in terms of computers.&lt;br /&gt;
*** Matthew&lt;br /&gt;
** Crime and Punishment.&lt;br /&gt;
*** David&lt;br /&gt;
** Justice Web&lt;br /&gt;
*** Thomas McMahon&lt;br /&gt;
&lt;br /&gt;
==Research Documentation==&lt;br /&gt;
&lt;br /&gt;
===Virtual Punishment===&lt;br /&gt;
I am currently reading a part of this book for some details on virtual punishment and a bit of history that this guy wrote about, but not sure if there is much there yet. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=KacfpI0zYAUC&amp;amp;oi=fnd&amp;amp;pg=PA206&amp;amp;dq=punishing+computers&amp;amp;ots=YhI8lfMo1F&amp;amp;sig=c7MqOVjR-9QKjj5_ANi0yyxYiAA#v=onepage&amp;amp;q=punishing%20computers&amp;amp;f=false link] --[[User:Mchou2|Mchou2]] 03:29, 3 March 2011 (UTC)&lt;br /&gt;
&lt;br /&gt;
[http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.101.2723&amp;amp;rep=rep1&amp;amp;type=pdf Responsible Computers?]&lt;br /&gt;
&lt;br /&gt;
===Theory of Justice===&lt;br /&gt;
&lt;br /&gt;
Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* This book provides a view of Justice that may serve the purpose of distributed computing. Rawls describes justice as serving two primary functions;      &lt;br /&gt;
       1. Assign rights and duties for the basic institutions of society.&lt;br /&gt;
       2. Describe the best way to distribute the benefits and burdens of society.&lt;br /&gt;
*If we take this view of justice, as opposed to a penalty-centric view, then justice may have a place in distributed computing. For our purposes, justice could be the basic guidelines to which all members of a distributed society must conform in order for the system to be stable and efficient. Obviously this view is an &amp;quot;all-in&amp;quot; type approach and may be more difficult to describe in terms of being incrementally deployable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===The Birth of Prison===&lt;br /&gt;
Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* Foucault&#039;s book focuses on how punishment evolved from medevil methods &amp;quot;draw and quarter&amp;quot; to modern prison methods. These two methods of justiceare differentiated by the way in which punishment is carried out. For medevil, or &amp;quot;Monarchical Punishment&amp;quot;, the population is discouraged from doing bad acts by the public, and brutal, way that punishment is exacted. The punishments included torture and executions. On the other hand, Foucault discusses &amp;quot;Disciplinary Punishment&amp;quot; where there are people deemed as experts who have power over the perpetrator of a &amp;quot;bad&amp;quot; act and handle the punishment of the individual. An example of this is a prison guard who determines how long a prisoner stays in jail.&lt;br /&gt;
*For a distributed computing system, this provides a couple of ways that justice could be enforced. If we think of the general distributed system as a free zone in which computers can act how they wish but there are laws in place to describe &amp;quot;bad&amp;quot; acts. If a computer is caught and convicted of doing something against the described laws, then the computer could be tortured (forced to provide more resources to other computers), executed (completly removed from the system) or potentially placed under the care of a supervisor computer who will allow the &amp;quot;bad&amp;quot; computer to continue to participate in certain, restricted actions until the professional (supervisor) computer approves of releasing the &amp;quot;bad&amp;quot; computer back to the general system. The supervisor computer may actually be controlled by a human who is trying to resolve the issue on the offending computer.&lt;br /&gt;
* Another concept worth investigating is that of Foucault&#039;s &amp;quot;Panopticon&amp;quot; which is a prison in which everything can be seen. This can also be extended from the strictly prison sense to the level of daily interactions between people and the idea of shame. Most rules are followed because of the knowledge that those around you will see what you have done and their view of you will change, you will have a social stygma. If this is adopted by the computers, through some reputation mechanism, then maybe distributed computing relationships could be formed and altered based on the actions conducted by individual computers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===Ecce Homo &amp;amp; The Anarchist===&lt;br /&gt;
Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
* If we were going to add shame/stygma to computers, there would need to be some mechanism to manage what is good and what is bad. Nietzsche&#039;s work could provide a basis for this computer moral code as he describes two different forms of morality based on two different social position: &amp;quot;master-morality&amp;quot; and &amp;quot;slave-morality&amp;quot;.&lt;br /&gt;
** Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic.&lt;br /&gt;
** Slave-morality is split on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.&lt;br /&gt;
* Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
*If this morality was tied to the reputation component, then all computers would be able to know how other computers &amp;quot;socially&amp;quot; behave. This would further allow punishment methods, as described in the above Foucault section, to be handed out based on how &amp;quot;bad&amp;quot; a computer is and the affending computer can only be released when it&#039;s morality is deemed appropriate by the supervising (professional) computer.&lt;br /&gt;
&lt;br /&gt;
=== Crime and Punishment ===&lt;br /&gt;
This is just a little placeholder for some thoughts before I post them to the main page. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Limiting capabilities&#039;&#039;&#039;&lt;br /&gt;
Anil mentioned in class the possibility of revoking or limiting capabilities if a user/computer has been found to be guilty of a crime. For example, the computer could somehow lose its ability to perform encryption or secure communications. Somewhat related is the idea of cpu-throttling by performing additional work (explained in the section below). &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Proof-of-Work&#039;&#039;&#039;&lt;br /&gt;
There has been a lot of research done in the area of computational puzzles to fight spam. The idea is that there is currently very little cost associated with sending spam (much less than .01c per email), so we want to make it a bit more &amp;quot;expensive&amp;quot; for spammers to achieve their goal. One solution is to have any email-sending computer perform some type of computational puzzle every time an email is sent. The result of the computation is appended to the email and can be verified by the recipient. One example is to find a string that when hashed gives a result smaller or larger than a specific value. You can statistically predict how long such a computation would take, and you could tweak it to be some particular value (10s, 1m, etc). &lt;br /&gt;
&lt;br /&gt;
I see this as being related to justice, because each self-governing entity can set up these proof-of-work requirements and adjust the difficulty for &amp;quot;trusted&amp;quot; entities and &amp;quot;untrusted&amp;quot; ones. The difficulty can also be increased for entities that misbehave, resulting in a kind of punishment. These punished systems would have to do more computation (e.g., 10m, 1hr) before they&#039;re allowed to communicate with someone else. &lt;br /&gt;
&lt;br /&gt;
I have some ideas on how you could technically do this, which we can discuss in class. And now some links:&lt;br /&gt;
&lt;br /&gt;
[https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6 https://tools.ietf.org/html/draft-jennings-sip-hashcash-06#page-6]&lt;br /&gt;
[http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx http://research.microsoft.com/en-us/projects/pennyblack/spam-com.aspx]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unique identifiers&#039;&#039;&#039; &lt;br /&gt;
How are machines identified? Although this problem is related to attribution and there&#039;s another team working on it, we can make some basic assumptions that each machine is identifiable. This identifier should be able to survive a reformat, but buying a new machine would get you a new identifier. We might argue that this is fine, because all we&#039;re trying to do is raise the price an attacker has to pay to commit a crime (i.e., buy more machines).&lt;br /&gt;
&lt;br /&gt;
===Gathering Evidence===&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=4489680&amp;amp;tag=1&lt;br /&gt;
&lt;br /&gt;
Above is a paper that proposes using statistical data to differentiate between legitimate and illegitimate traffic during a DDoS attack. While the paper proposes the statistics to be used for blocking bad traffic, the same logic can be applied to gathering evidence against the attackers of a DDoS. It gets pretty heavy into the statistical analysis, so it&#039;d probably be better to read the paper than me attempting to explain it. &lt;br /&gt;
Basically, it&#039;s meant to detect a DDoS that is purposefully disguised as a traffic flood. This means that Justice can be properly served to malicious computers as opposed to too many computers wanting your resources.&lt;br /&gt;
&lt;br /&gt;
http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=01219052&lt;br /&gt;
&lt;br /&gt;
Above is a paper that discusses the idea of computer forensics, and what is needed in order to gather and manage evidence. Although it is meant to be applied to a human level of judgement, computers may be capable of processing this evidence effectively. Logs maintained by routers and local devices may be used as evidence, provided that there be a way to encrypt the data in a way that preserves the original form. It also discusses the challenge of presenting computer related evidence to non-technical jurors, but this is not a concern for computer level management. All that is required for computer forensics to work is additional software being run on select computers to process and preserve any evidence gathered.&lt;br /&gt;
&lt;br /&gt;
===CFAA Computer Fraud and Abuse Act===&lt;br /&gt;
&lt;br /&gt;
In terms of justice, there has been an act that has specifications to what cyber crimes and of what caliber they should be categorized in. One fundamental idea that is followed is the mens rea, which is defined as the &amp;quot;mental state&amp;quot; of a crime. &amp;quot;The Model Penal Code (&amp;quot;MPC&amp;quot;) lists four levels of mens rea -- purposely, knowingly, recklessly, and negligently. The MPC categories range from the highest level, purposely, to the lowest level, negligently. These mens rea levels are further divided into high and low mens rea requirements. The high mens rea levels include acts criminals do intentionally and knowingly. The low mens rea levels include acts criminals do recklessly, negligently, and with strict liability. Criminals have a higher level of mens rea when their intent is more specific; therefore, they are more blameworthy. With these differing mens rea categories in mind, Congress drafted CFAA to address computer crimes occurring on the Internet.&amp;quot;[http://www.lawtechjournal.com/archives/blt/i3-hh.html]&lt;br /&gt;
&lt;br /&gt;
Reading into the decisions they have made to update the CFAA brings up topics of how users who &amp;quot;intentionally&amp;quot; do harm, as well as users unknowingly participating, or even attempting to help the system by hurting it and fixing it ([http://scholar.google.com/scholar_case?case=551386241451639668 Morris]).&lt;br /&gt;
&lt;br /&gt;
Another note is that how there are laws and rules being made for humans to be penalized for such negative cyber actions, but even before penalty, it is important to setup a secure enough system that will try to mitigate such negative actions that can take place.Just as how workers in a business must be educated on detecting malicious software and other vulnerabilities in order to further secure the system. By setting up stand alone protection on each system would prevent the need to punish certain acts since they would be impossible to occur. [http://www.witsa.org/papers/McConnell-cybercrime.pdf Law is only part of the answer]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8595</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8595"/>
		<updated>2011-03-15T19:05:33Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Abstract */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8594</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8594"/>
		<updated>2011-03-15T19:05:21Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Abstract */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
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[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
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[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
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[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
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[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8593</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8593"/>
		<updated>2011-03-15T19:05:02Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Abstract */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section describes the components necessary to create a justice system for a distributed computing society and how these components would be used in four deviant acts; comment spam, unauthorized access, denial of service, and phishing attacks.&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8592</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8592"/>
		<updated>2011-03-15T19:02:22Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Abstract */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although directly applying human concepts related to justice, for example intent, is not possible in the realm of computers, we can use these concepts to construct a justice system that helps maintain the stability and efficiency of the distributed environment. To provide this functionality, the justice system requires a reporting mechanism as well as a mechanism for guaranteed attribution of transactions such that members of the distributed society can flag deviant behaviour and proper punishment may be exacted based on collected evidence. &lt;br /&gt;
&lt;br /&gt;
This article is divided into two main sections; the first is a discussion on theories of human justice and how concepts from the human example may be used within the scope of computers. The second section&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8591</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8591"/>
		<updated>2011-03-15T18:52:28Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Abstract=&lt;br /&gt;
&lt;br /&gt;
The goal of this article is to investigate the feasibility of implementing a system of justice on a distributed computing environment. Although applying human concepts related to justice, for example &lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8590</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8590"/>
		<updated>2011-03-15T18:46:46Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
=Can Justice be Implemented on a Distributed Computing System: Discussion=&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
=Possible Implementation=&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8589</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8589"/>
		<updated>2011-03-15T18:43:45Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=Members=&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The existence of justice is created by an act of harm or negative affect which was caused by some entity or group whom is now being sought out to be punished by the affected party. Whether the punishment to take place is teleological or retributive, the causing factor is the crime that has taken place. Before discussing about how justice can be applied to computers, it is important to understand the steps towards dealing justice to a human.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Path to Justice for Humans&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Mens Rea - state of the mind====&lt;br /&gt;
&lt;br /&gt;
It is said that a crime consists of two elements, the actus reus, and the mens rea. The actus reus defines the action of the crime, and the mens rea defines the mental state. The mental state of a person is highly regarded as being relevant to the punishment of crimes and the Model Penal Code (“MPC”) is used to categorize the mens rea into four levels: purposely, knowingly, recklessly, and negligently. These levels rank from being the highest is acting upon a crime on purpose, and the lowest is being part of a crime negligently. An example of such a case would be when one distinguishes between whether a car hitting someone had been done intentionally, or by accident.[7]&lt;br /&gt;
&lt;br /&gt;
====Computer Fraud and Abuse Act====&lt;br /&gt;
&lt;br /&gt;
The digital age has brought on many new kinds of crimes on the Internet in computers. An example of preventative measures for these crimes was created in  1984 by the United States of America’s congress called the Computer Fraud and Abuse Act(“CFAA”). This criminal statute was built under the ideas of mens rea, and the MPC. After being first implemented, there has had to be many changes to it because of unspecific instances of how different crimes were categorized based on the mens rea. The change between “knowingly” and “intentionally” doing an act would change in degrees of punishment as well as accessing a system and damaging a system had to be more specified over time.[8]&lt;br /&gt;
&lt;br /&gt;
One well know case is of Robert Tappan Morris, who was a 1st year graduate student in Cornell University who attempted to demonstrate the inadequacies of current security measures on the computer networks(INTERNET) by releasing a worm virus. The virus had propagated faster than he had intended and attempted to release the instructions on how to kill the worm, but it had been too late, and many computers across the INTERNET had been affected. The government had to try and prove that it was his intent to access unauthorized computers, which he did, and they also tried to prove that it was his intent to damage the machines, but at that point damaging machines had no category in mens rea.[9]&lt;br /&gt;
&lt;br /&gt;
====General Deterrence Theory (GDT)====&lt;br /&gt;
&lt;br /&gt;
In order to prevent some outcome from happening, there must be measures that have to be put into place to deter such an outcome. The idea of preventative measures is a common theme in management of crime and justice. Dating back to the days of when there was a king of Babylon named Hammurabi(1795-1750BC) who was well known for his code of laws. He had erected a black stone monument which could be viewed by the public. This stone monument had written upon it the laws that should be followed by man and society that were under his rule, including punishments that fit the crimes. This stone’s purpose was firstly to state what laws were to be followed, and secondly, by stating the laws and its consequences for not following, it was a sign of deterrence to whom might have done such things.[10] Deterrence has become a common idea when it comes to opposing forces/powers, as it was the basis behind the Cold War, one country building more weapons to deter the other from attacking, and the other way around too. [11] The GDT used in relation to cyber crimes mainly focuses on making rational decisions based on maximizing their benefits and minimizing the costs. &lt;br /&gt;
&lt;br /&gt;
( might be some more to write about here in this paper http://jrc.sagepub.com.proxy.library.carleton.ca/content/30/4/445.full.pdf+html)&lt;br /&gt;
(more GDT And notes  http://www.emeraldinsight.com/journals.htm?articleid=862814&amp;amp;show=abstract)&lt;br /&gt;
&lt;br /&gt;
Once the intent has been made and the actus reus is in place, the outcome that we are describing would be of the negative nature, where someone has now been maliciously attacked and is seeking out justice. In terms of computers, there are many human factors which limits our theme of justice in relation to computers.&lt;br /&gt;
&lt;br /&gt;
===Applying justice to computers===&lt;br /&gt;
&lt;br /&gt;
The first issue arises from the discussion of the mens rea. Some might say that the computer executes commands that is inputted by the user, so this would mean that everything that the computer does, must be on purpose, because it is just following instructions. This may be true except in the following case that an error has occurred in the system, or a bit has gone missing and the address to which sensitive information was to be sent has now been sent to an incorrect address. If this error created many losses to some entity, would the user be blamed for this error or would the computer be blamed for negligently sending to the wrong address?  This type of situation seems similar to how humans may be charged for killing someone, the difference  between murder and manslaughter is the intent.[12] With the current structure of how computers are set up, it is difficult to map a mens rea scheme to it’s inner workings.&lt;br /&gt;
(*perhaps if the computer was running some genetic programming to create a program which it deemed good, and then intentionally used it, then that intent to use differs from it continually creating new programs until it decides one is suitable)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assuming that the state of mind of a computer has been decided, the next thing to consider would be how would one prevent a computer from doing malicious actions. Attempting to follow in the footsteps of the general deterrence theory, we would try to instill some sort of fear of consequences/shame that would come from causing malicious actions. The problem with this approach to justice is difficult because of the idea that computers do not have feelings, and doing any kind of work such as word processing to a denial of service attack would be equal in aspects to what it prefers to do. Deterring possible criminals only works if they are afraid of the consequences and can not accept the ratio of profit over penalty that they will procure from a malicious act. If a punishment for a computer was to execute many functions for a long period of time, the computer itself would not care any less if it were doing those functions or standing by idle. However, for the human that might force it’s computer to do such malicious actions may be deterred from doing so because of the consequences that might follow from the law, or the possible performance drop from his own computer. The penalties set in place are currently only going to affect a human, whether it be sentenced to jail or confiscation of the physical computer, the human aspect of the problem will be removed from the computer element. Had it been that the computer itself was the only one punished for such malicious actions, then it would not prevent further malicious actions from occurring on a computer network by the human  user using another computer terminal.[13]&lt;br /&gt;
&lt;br /&gt;
Since a distributed system would want to one day grow to a global scale, the laws and punishments can not be enforced in a legal sense because of jurisdiction issues, therefore, the implementation of a new system must be done so that computers on the system will be deterred from malicious actions. Implementing a morality system that has every node on the system with their personal morality rating will allow for nodes to communicate with other nodes based on how low or high the rating is. From lowering in morality because of malicious actions and raising it by being more helpful to the system will allow for computers to &amp;quot;care&amp;quot; for who they are communicating with, and to also feel shame for when their morality is so low that they can barely communicate with others.(Lowest level might equal to expulsion) Based on this simulated feeling of care and shame will possible allow for a justice system to be implemented onto computers.&lt;br /&gt;
&lt;br /&gt;
(* talk about conclusion of how there is a partial solution using a morality counter between nodes, and check out  http://www.witsa.org/papers/McConnell-cybercrime.pdf also)&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
The Justice Web is a possible implementation that uses the research we have done so far. It is essentially an incrementally-deployable network system that shares resources with users within the same Justice Web, based on a morality rating. Evidence is logged so that those within the Web may be held accountable, and those without may be recorded and watched for future misbehaviour.&lt;br /&gt;
&lt;br /&gt;
===What it is===&lt;br /&gt;
&lt;br /&gt;
The Justice Web is an implementation that treats a network as a distributed system. Resources are shared among the users, based on some measure of trust. As the web grows, more computers become linked to each other within the web, making it harder to manage trust given to each member of the Web. Also, the Web should provide some shared protection for those within the network against external attacks.&lt;br /&gt;
&lt;br /&gt;
Because of this, some sort of Justice System is needed to process evidence and sentence malicious computers. The Justice Web would need a computer or computers to act as the judge. After the judgement, the Justice Web would then need to enforce a penalty on the offender.&lt;br /&gt;
&lt;br /&gt;
===What it does===&lt;br /&gt;
&lt;br /&gt;
The Justice Web links multiple computers together to act as a distributed system. the amount of resources allotted to a member is dependent on their moral rating and trust. The most trusted computer would possibly be the leader of the Web, acting as the judge. To gather evidence a log is kept at each implementation node. This evidence is encrypted so that the user cannot tamper with it. &lt;br /&gt;
&lt;br /&gt;
The evidence is collected by the Justice Web, and handled by members with high level of trust. That is to say, the high computers within the system would essentially be able to define how much evidence is needed, as well as what punishment is to be handed out. The power high members are not absolute, but are capable of influencing a standard set of rules. Rulings are handled using common law, with a punishment handled in the same way as previous ones, unless explicitly changed by the high members. &lt;br /&gt;
&lt;br /&gt;
After the evidence is processed, and a ruling is made by the high members, the Justice Web must then enforce the punishment. For threats coming from outside the Web, each member of the Web is warned about the offender. Continued communication with the offender will be allowed, but if an infection does occur, the punishment for becoming infected would be more severe.&lt;br /&gt;
&lt;br /&gt;
As for offenders within the system, the morality rating attached to that member is affected, and the amount of trust is decreased. From a practical standpoint, the punishment would involve the restriction of resources accessible to the member, while increasing the workload of the member. The amount of trust increases over time, allowing the member to slowly gain more and more access to resources, but the morality rating would be kept the same so that it is made aware that the member has done wrong in the past.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[7]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part A)&lt;br /&gt;
&lt;br /&gt;
[8]  Haeji Hong, &#039;&#039;Hacking Through the Computer Fraud and Abuse Act&#039;&#039;, originally published in 24 U.C. DAVIS L. REV. 283 (1998), [http://www.lawtechjournal.com/archives/blt/i3-hh.html#N_18_ HTML] (part B)&lt;br /&gt;
&lt;br /&gt;
[9] 928 F. 2d 504 - Court of Appeals, &#039;&#039;US v. Morris&#039;&#039;, 2nd Circuit 1991, [http://scholar.google.com/scholar_case?case=551386241451639668 HTML] (case file)&lt;br /&gt;
&lt;br /&gt;
[10] Charles F. Horne(1915),Claude Hermann Walter Johns, The Encyclopaedia Britannica, 11th ed 1910-, &#039;&#039;Ancient History Sourcebook:Code of Hammurabi, c. 1780 BCE&#039;&#039;, Translated by L. W. King, Paul Halsall March 1998, [http://www.fordham.edu/halsall/ancient/hamcode.html HTML] (Internet History Sourcebook)&lt;br /&gt;
&lt;br /&gt;
[11] Scott D. Sagan, &#039;&#039;Review: History, Analogy, and Deterrence Theory&#039;&#039;, The MIT Press, 1991, [http://www.jstor.org.proxy.library.carleton.ca/stable/204567?&amp;amp;Search=yes&amp;amp;searchText=history%2Canalogy%2CAND&amp;amp;searchText=deterrence&amp;amp;list=hide&amp;amp;searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26Query%3Dhistory%252Canalogy%252Cand%2Bdeterrence%26gw%3Djtx%26acc%3Don%26prq%3D204567%26Search%3DSearch%26hp%3D25%26wc%3Don%26acc%3Don&amp;amp;prevSearch=&amp;amp;item=1&amp;amp;ttl=5&amp;amp;returnArticleService=showFullText HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[12]Rollin M. Perkins, &#039;&#039;A Rationale of Mens Rea&#039;&#039;, Harvard Law Review, 1939, [http://www.jstor.org/pss/1334184 HTML] (book link)&lt;br /&gt;
&lt;br /&gt;
[13] Marquis Beccaria, &#039;&#039;Of Crimes and Punishments&#039;&#039;, Translated by: Edward D. Ingraham, Philip H. Nicklin: A. Walker, 1819, [http://www.constitution.org/cb/crim_pun12.htm HTML] (essay translation)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8489</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8489"/>
		<updated>2011-03-13T19:08:53Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Morality */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Members==&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
&lt;br /&gt;
To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
&lt;br /&gt;
Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
&lt;br /&gt;
====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
&lt;br /&gt;
It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
&lt;br /&gt;
Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
&lt;br /&gt;
For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
&lt;br /&gt;
====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
&lt;br /&gt;
To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
&lt;br /&gt;
====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
&lt;br /&gt;
Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
&lt;br /&gt;
====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
&lt;br /&gt;
Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
 &lt;br /&gt;
These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
&lt;br /&gt;
====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
&lt;br /&gt;
====Morality====&lt;br /&gt;
&lt;br /&gt;
For a system of justice to be effective, a known moral code must exist within the society. Friedrich Nietzsche provides one interpretation of morality based on social position which is divided into two categories; “master-morality” and “slave-morality”. Master-morality is split based on good vs. bad, for example, good would be things like wealth, strength, health, and power, while bad is associated terms like poor, weak, sick, and pathetic. Slave-morality, on the other hand, is based on good vs. evil, for example, good would be terms like charity, piety, restraint, meekness, submission, while evil terms are worldly, cruel, selfish, wealthy, and aggressive.[6] &lt;br /&gt;
&lt;br /&gt;
Although some of these terms make no sense in the realm of computers, others certainly could work as a basis for computer morality. For example, if there were measure of strength, health, wealth based on network and data concepts like bandwidth, latency, data integrity, etc. than certain computers could be more &amp;quot;good&amp;quot; than others. Similarly, if computers were acting selfishly, cruelly or aggressively (say DoS or spam attacks) then those computers would be considered as morally &amp;quot;bad&amp;quot;. Based on these moral evaluations, computers could have relationships created or destroyed. Moreover, relationship parameters could be given to computers so that if you don&#039;t care how something gets accomplished (whether it is morally good or not) then you could tell your computer to allow less moral interactions to occur.&lt;br /&gt;
&lt;br /&gt;
If morality was introduced to a distributed computer system that already has a reliable reputation mechanism, then all computers would be able to know how other computers behave &amp;quot;socially”. This would further allow punishment methods based on shame, to be exacted based on how &amp;quot;bad&amp;quot; a computer’s moral code is. An offending would then have to rebuild a positive moral reputation before it could participate in more trusted social interactions.&lt;br /&gt;
&lt;br /&gt;
==Justice Involving Computers==&lt;br /&gt;
&lt;br /&gt;
How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
&lt;br /&gt;
==Crime and Punishment==&lt;br /&gt;
&lt;br /&gt;
A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
&lt;br /&gt;
==Concept: Justice Web==&lt;br /&gt;
&lt;br /&gt;
A description of the Justice Web implementation discussed by our group.&lt;br /&gt;
&lt;br /&gt;
==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
&lt;br /&gt;
[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
&lt;br /&gt;
[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
&lt;br /&gt;
[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
	<entry>
		<id>https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8488</id>
		<title>DistOS-2011W Justice</title>
		<link rel="alternate" type="text/html" href="https://homeostasis.scs.carleton.ca/wiki/index.php?title=DistOS-2011W_Justice&amp;diff=8488"/>
		<updated>2011-03-13T18:52:40Z</updated>

		<summary type="html">&lt;p&gt;Mike Preston: /* Addition Concepts Related to Justice */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;==Members==&lt;br /&gt;
* Matthew Chou&lt;br /&gt;
* Mike Preston&lt;br /&gt;
* Thomas McMahon&lt;br /&gt;
* David Barrera&lt;br /&gt;
&lt;br /&gt;
Note: research so far moved to Discussion section.&lt;br /&gt;
&lt;br /&gt;
==What is Justice?==&lt;br /&gt;
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To understand how justice can be incorporated into a distributed computer system it is critical to understand what justice is. In this section we discuss key concepts related to justice and provide some thoughts on how human justice theory can be related to justice in terms of computing.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Theory of Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
For our purposes, we will discuss justice as it relates to punishment. From a philosophical point of view, there are 3 main categories of punishment; &#039;&#039;&#039;Teleologic, Retributive,&#039;&#039;&#039; and &#039;&#039;&#039;Teleologic Retributive&#039;&#039;&#039;. [3]&lt;br /&gt;
====Teleologic:====&lt;br /&gt;
The teleologic view of punishment is that any punishment should always be accompanied by some beneficial effect. Even though the act of punishing someone may itself be considered “evil”, the overall punishment will be considered “good” if it provides some form of social benefit to the society. For example, if a criminal is punished for a crime and this punishment serves to dissuade potential criminals from committing future crimes, then the overall social value of the punishment is positive.[3]&lt;br /&gt;
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Punishment from this perspective provides a good model for computer systems as any criminal act will be handled such that punishment is beneficial for the system. A simple example of such a transaction can be visualized through the management of bandwidth. If there is a particular computer who is deemed to be a criminal bandwidth hog, using more resources than it is allowed, the perpetrator’s network connection may be throttled. This punishment would correct the deviant computer while free the resources for other computers in the system to utilize.&lt;br /&gt;
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====Retributive:====&lt;br /&gt;
Retributive punishment is defined by the belief that punishment itself is either just or intrinsically valuable even if there is social benefit to the punishment. This view is probably best characterised by the phrase “eye for an eye”. Essentially punishment is dispensed because it is necessary to inflict harm on those who do bad things but society may not get any benefit from the punishment.[3] The point of view of retributive punishment is that it is better to punish someone who commits a crime regardless of the severity of the punishment.[2]&lt;br /&gt;
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It is also important to discuss retributive punishment in comparison to retaliation. Although they both incorporate the concept punishment as a just, and necessary, act, they have very different goals. Retribution focuses on the wrongdoing of the criminal whereas retaliation is based on the right of the victim to seek punishment. Retaliation is based on the concept of deterrence; if you are convicted of a crime then someone will get to exact revenge and thus you will pay a price. Retribution requires a criminal to pay a price for the crime committed and thus he should internalize how the crime has a negative effect on society. [1] &lt;br /&gt;
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Although the necessity of punishment is certainly true, it is hard to see a situation where truly retributive punishment is beneficial for a computer system. Since computers on a distributed system are sharing finite resources, inflicting punishment on criminal computers, without considering the benefit/harm to the society, may result in further negative effects on the system. If a crime has been committed, the effects of that crime have already had an effect on the computing system. Punishing the perpetrator of the criminal act will not reverse the effect of the act, and it may adversely affect the system. &lt;br /&gt;
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For example, suppose a computer is caught conducting spam attacks on other computers and the punishment for this act is to remove the computer from the network. It may be the case that the criminal computer had previously provided a very efficient connection to some data set but now there is no way to communicate with this computer. As a result, members of the remaining network must use a less efficient connection to reach the same data, thus the punishment had a negative effect on the system.&lt;br /&gt;
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====Teleologic Retributive:====&lt;br /&gt;
This third view of punishment combines the concept of the need to punish within the limits of what is considered reasonable punishment for the crime. From this perspective, punishment is necessary and provides a valuable service to society but it is only enforced within acceptable limits.&lt;br /&gt;
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To illustrate this view of punishment, consider the spam attack example from the retributive section above. If the punishment is reduced from being removed from the network to simply blocking a specific type of communication originating from the criminal computer, then it would be considered a teleological retributive punishment. This new punishment would match the severity of the crime but also still allows the other computers on the network to utilize the efficient network path through the criminal computer.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Structure of Punishment&amp;lt;/u&amp;gt;===&lt;br /&gt;
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To maintain a stable and efficient distributed system, punishment requires structure, or more accurately, there needs to be some power imbalance designed within the system such that some computers can hand out punishments upon other, criminal computers. Here we will briefly discuss a few methods which may be used to implement a penal system into a society.&lt;br /&gt;
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====Sovereign Rule:====&lt;br /&gt;
In the 1600s, Thomas Hobbes wrote a dissertation on how government and society should be structured. Within this work Hobbes discusses how punishment should be handled by a sovereign ruler. In this system, there is a known set of laws which originate from a single entity which exists above the law. This sovereign ruler is the highest authority of the law, but he may assign lesser judges who may carry out punishment in accordance to the laws.[4]&lt;br /&gt;
 &lt;br /&gt;
In this system, breaking the law is never excusable as the law is known to all members of the society. The exception to this are any members of society that are without reason, for example “children and madmen”. Punishment is a necessary evil and the sovereign has the right to punish any criminal in order to protect the “commonwealth”. The sovereign can even order other subjects to punish criminals but he may not order a criminal to punish himself as this violates the law of self preservation. To balance the system the sovereign may also reward individuals and thus the balance of punishment and reward are the “nerves and joints which move the limbs of a commonwealth.”[4]&lt;br /&gt;
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Essentially, sovereign rule is one overall leader of justice who determines what is right and wrong in order to best serve the needs of a system. &lt;br /&gt;
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====Corporal Punishment. Economic Punishment, and Prison:====&lt;br /&gt;
Human punishment commonly falls into three overlapping categories; corporal punishment, economic punishment, and prison. Corporal punishment involves inflicting pain or possibly disfiguring a criminal in response to the crime committed. The main idea is that the criminal should serve as a demonstration of the terrible things that befall those who break the law. Furthermore, any criminal who is disfigured must live with a visual reminder of the act they committed, thus imparting shame upon the perpetrator and allowing others in society to form a conceptual model of the type of person that individual is.[5]&lt;br /&gt;
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Economic punishment is forcing a criminal to pay a fine for the act committed. The main idea is to make criminals internalize the social costs of the crime they committed. The penalty fine imposed upon the criminal may not be equal to the social cost of the crime committed but it should cause the criminal the same amount of distress as the crime that was committed. [1] &lt;br /&gt;
Prison is a modern method of punishment by which criminals are forced to exist under the watch of professionals and it is up to the discretion of the professionals as to when the punishment is complete. For example, it is up to lawyers, judges, psychologists and prison guards determine when a criminal’s prison sentence has ended.[5]&lt;br /&gt;
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These three methods are not mutually exclusive as commonly criminals may be asked to pay a penalty fine as well as serve a prison sentence; however they all serve different purposes. All three punishment types serve as a deterrent to future criminals but each method has a different active agent; corporal punishment uses shame, economic punishment uses monetary handicapping, and prison focuses on reducing personal freedoms. These three concepts may be very useful to a distributed computer justice system.&lt;br /&gt;
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===&amp;lt;u&amp;gt;Addition Concepts Related to Justice&amp;lt;/u&amp;gt;===&lt;br /&gt;
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====Purpose of Justice:====&lt;br /&gt;
John Rawls provides a definition of the purpose of justice as providing two primary functions; first, justice assigns rights and duties for the basic institutions of society, and second, justice describes the best way to distribute the benefits and burdens of society. [1] This view fits well within the scope of justice for a distributed computing system as there are very clear roles which can be assigned and there are finite resources which can be used to manage the “benefits and burdens” of society. These roles will be further discussed later in this article.&lt;br /&gt;
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====Morality====&lt;br /&gt;
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==Justice Involving Computers==&lt;br /&gt;
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How Justice applies to the realm of computers. This includes how a computer can be exposed to Justice vs. how the user would be involved in the Justice applied.&lt;br /&gt;
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==Crime and Punishment==&lt;br /&gt;
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A broad description of possible crimes committed within the scope of the class, and punishments for those within the system and attackers from without.&lt;br /&gt;
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==Concept: Justice Web==&lt;br /&gt;
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A description of the Justice Web implementation discussed by our group.&lt;br /&gt;
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==Resources==&lt;br /&gt;
[1] Posner, Richard A., &#039;&#039;Retirbution and Related Concepts of Punishment&#039;&#039;, The Journal of Legal Studies Vol. 9 No. 1, University of Chicago Press, 1980. [http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/posner_punishment.pdf PDF]&lt;br /&gt;
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[2] Rawls, John, &amp;lt;i&amp;gt;A Theory of Justice: Revised Edition&amp;lt;/i&amp;gt;, Harvard University Press, 2003. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=kvpby7HtAe0C&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+justice&amp;amp;ots=tggvx5zc67&amp;amp;sig=s4OHDBhkpDzumtlH0mIUO7cbCys#v=onepage&amp;amp;q=concepts%20of%20justice&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[3] Ezorsky, Gertrude, &#039;&#039;Philosophical Perspectives on Punishment&#039;&#039;, State University of New York Press, 1972. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=Jba2lFg3KOMC&amp;amp;oi=fnd&amp;amp;pg=PR11&amp;amp;dq=concepts+of+punishment&amp;amp;ots=LuzbsNmWlg&amp;amp;sig=KTvWhaWMxIRslk38tZmucty-jNw#v=onepage&amp;amp;q=concepts%20of%20punishment&amp;amp;f=false HTML] (preview copy)&lt;br /&gt;
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[4] Hobbes, Thomas, &#039;&#039;The Leviathon&#039;&#039;, first published 1651, republished by Forgotten Books, 2008. [http://books.google.ca/books?id=-Q4nPYeps6MC&amp;amp;pg=PR7&amp;amp;lpg=PR7&amp;amp;dq=the+leviathan&amp;amp;source=bl&amp;amp;ots=_vZA8CpLY0&amp;amp;sig=Wn_1z_Sqsx3-YA2dml2A458M_xU&amp;amp;hl=en&amp;amp;ei=V0R6TZT_D8XwrAGiz8zxBQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;ct=result&amp;amp;resnum=9&amp;amp;sqi=2&amp;amp;ved=0CFAQ6AEwCA#v=onepage&amp;amp;q&amp;amp;f=false HTML]&lt;br /&gt;
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[5] Foucault, Michel, &amp;lt;i&amp;gt;Discipline &amp;amp; Punish: The Birth of the Prison&amp;lt;/i&amp;gt;, Random House, New York, 1995. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=pWv1R2o_PWsC&amp;amp;oi=fnd&amp;amp;pg=PP9&amp;amp;dq=discipline+and+punish&amp;amp;ots=tL8pS67AAh&amp;amp;sig=L9PEOPaNiLAxYCkqF627K1la5Hw#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;br /&gt;
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[6] Nietzsche, Friedrich, &amp;lt;i&amp;gt;Ecce Homo &amp;amp; The Anarchist&amp;lt;/i&amp;gt; translated by Thomas Wayne, New York, 2004. [http://books.google.ca/books?hl=en&amp;amp;lr=&amp;amp;id=xx6IfcqRvbwC&amp;amp;oi=fnd&amp;amp;pg=PA1&amp;amp;dq=ecce+homo&amp;amp;ots=44YGJlQ3Hb&amp;amp;sig=nzwX1IBP-Qj-TOnlmBOqGWUk810#v=onepage&amp;amp;q&amp;amp;f=false PDF] (preview copy)&lt;/div&gt;</summary>
		<author><name>Mike Preston</name></author>
	</entry>
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