Agree maybe we have to acceptt that the concept of DAO is still not feasible. I also understand the point of the DAO hacker. Using a programmed back door cannot be punished. We have also to consider that the flaw was known at least for some weeks.
I am not sure about that. If the hacker identifies himself, there could be some kind of law suit against him.
using a programed back door is absolutely punishable in most jurisdictions. in addition his actions were contrary to the benefit of the DAO as whole and should not be allowed to stand.
as far as the shorting of eth on exchanges (where the real money was made) not sure if that's regulated in so far as things like that go...so probably not punishable.
is hf happening on 15th?