It's a tired old hacker's argument that if the owner was serious about security he wouldn't have been able to compromise the system. It's like a robber blaming the victim he shot for not wearing a bulletproof vest. When all the BS is washed away, the fact still remains that if the perp hadn't broken the law, there would be no crime.
That is not what this is. This comes down to two things.
1/ They are inflating the damage he is accused of by including the cost of putting in the security they should have had in the first place. The "damage" he did should be determined by the cost to put things back to how they were before he intruded not to put them to how they SHOULD have been. If they used that value his sentencing would be far less.
2/ These are government and
military computers that were supposed to be secured and the administrators did not do so. I would suspect for the military systems at the least they have a
legal obligation. If a base security officer did not put in a security system and there was an intrusion into secure areas would he not be court martialed? Why are not the officers responsible for these
military computers facing court martial? Instead they are trying to portray him as a dangerous hacker who severely damaged the computer network - he is merely their scape goat sacrificed to protect themselves.
Just as I want to see him punished in proportion to his ACTUAL actions, I want to see the administrators punished for their negligence in performing their
duties. Duties that if they are members of the military they swore an oath to do to the best of their ability and if they are civilians they have contracts in which they committed to do the same.
The hacker is not responsible for the negligence of the administrators in setting up proper security in advance and he should not be held responsible for the expense to set it up
now.