I find it pretty hard to believe any judge would buy this.
I find it pretty hard to believe any judge would buy this.
If your company offers some service - consulting to set up their infrastructure, or helping them navigate AWS - necessary to the running of the company, and that company goes on to commit a crime are you at fault? They couldn't have done it with out you, after all.
The judge isn't going to let that slide. In both cases, you are an accessory.
If you are a direct participant in the murder you might just get charged with it (perhaps as a conspirator which I think often has roughly the same penalties).
The more general answer here is that the criminality of exploitation depends a lot on your state of mind (a property of law that something HN always has a hard time with). A professor teaching a class to an anonymous group of students is not at all the same thing, in criminal law, as that same professor standing behind foreign intelligence operatives coaching them on a targeted attack.
The confounder here is that there are statutes you can theoretically violate by providing some specific exploitation tools to foreign nationals.
The MIT professor, in an MIT classroom, is never going to be charged (same almost certainly goes for a consultant teaching an exploit class at Black Hat USA).
It's one thing to teach general skills and another to help do the actual hacking
If they are being guided through the actual hacking then that's saying that only the driver in pair programming is producing code
Is a professor at MIT teaching cyber security exploit development guilty of the same crime?
What about a consultant teaching how to use a particular tool or how to look for a particular family of exploits? (Potentially legally dodgy, depending on the client, but probably ok in a lot of grey areas)
What about a consultant which performs a passive audit of a target for a 3rd party? (Starting to get pretty dodgy, but probably depends both on the 3rd party and the target and the nature of the audit)
It's... probably not so cut-and-dry. Though I agree that it doesn't sound like a get-out-of-jail-free card.