As well they should. Phishing is a method of identity theft, which is a crime. Both theft, and fraud.
Ex-cons are released for serving their sentences, but with the loss of certain rights. No longer do they get to bear arms or vote, etc. Phishers still get to play the game, but with the loss of certain aspects of the game, like the ability to go online.
True, anyone who falls for these scams is about half retarded to do so, but it's still just too bad he didn't face prosecution and actual penalties for the very real world implications of his actions.
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