Felony For Refreshing a Web Page? 965
therandomw writes "An 18 year-old boy was recently arrested in Ohio for telling fellow students to refresh the schools web page in order to slow down the server. He is being charged with a felony and is currently being held in jail. According to Canton City Prosecutor Frank Forchione 'This new technology has created a whole wave of crimes, and we're just trying to find ways to solve them.'"
Let the slashdotting begin (Score:3, Informative)
That was a fast /.ing (Score:3, Informative)
Re:must be more zero tolerance (Score:5, Informative)
this one?
Re:must be more zero tolerance (Score:1, Informative)
Video of Story (Score:5, Informative)
Canton Law Dept page (Score:5, Informative)
Number of hits (Score:5, Informative)
Re:Seems like a waste of time and money (Score:4, Informative)
It is specifically illegal to incite others to commit a crime.
Re:Seems like a waste of time and money (Score:1, Informative)
http://www.city-data.com/city/Canton-Ohio.html [city-data.com]
Re:This doesn't make any sense (Score:5, Informative)
http://en.wikipedia.org/wiki/Santa_Clara_County_v
Re:Seems like a waste of time and money (Score:3, Informative)
Apparently it isn't, since they're both scenarios where encouraging another party to commit a felony is itself a felony.
How are they different, from the perspective of criminal law?
Re:must be more zero tolerance (Score:5, Informative)
4500 Atlantic Blvd. NE
Canton, OH 44705
Phone: 330-430-3850
Fax: 330-430-3839
Sherriff W. Bruce Umpleby
I can't find the boy's home phone to leave support messages there, although the article mentions that his address is:
13634 Mogadore Ave N.W.
Canton, OH (44685? Google maps finds the address, but USPS's site doesn't)
Which is a nice looking suburban home:
http://maps.google.com/maps?f=q&hl=en&q=13634+Mog
Re:must be more zero tolerance (Score:1, Informative)
HOME OF THE FLYERS
Victory Bell at Flyer Stadium
"The Mission of Lake High School, a challenging, caring, and safe learning environment, is to empower students to achieve their full potential for intellectual and personal growth, by providing a variety of excellent opportunities and services in partnership with our community."
Lake High School
28080 Lemoyne Rd.
Millbury, OH 43447
Phone: (419) 661-6640
Re:Canton Law Dept page (Score:5, Informative)
218 Cleveland Ave SW
Canton, OH 44702
Phone: 330 - 489-3251
Fax: 330 - 489-3374
jmcarman@ci.canton.oh.us
Think I might send the citys law director am email telling him to get real.
Re:must be more zero tolerance (Score:4, Informative)
Well, what you're doing (coverting from an address to a map location) is called geocoding and it isn't quite an exact science. local.live.com points the same address to a location a ways south on the same road. So the house you're seeing is quite possibly not his at all. Oftentimes, the only data to go on is a start address and end address for a long section of road. Then interpolation is used in the middle. So take that stuff with a grain of salt.
Re:Canton Law Dept page (Score:2, Informative)
http://www.cantonlaw.org/ordinance/OrdinanceGet2?
Re:must be more zero tolerance (Score:5, Informative)
1) The kid denies intent. That might be a hard sell, but it has potential.
2) Imminence and likelyhood: did any other kids even care about the site? Did anyone follow through? Quickly? That could be a show stopper right there.
Re:Possible Precident (Score:2, Informative)
And later it states that if the damage caused is more than $1000 that it is a felony. According to this definition though, no damage was caused...nothing was 'Altered', 'Damaged', or 'Destroyed'. How exactly did they prosecute him?
Re:Canton Law Dept page (Score:1, Informative)
Contact the city of canton (Score:1, Informative)
Re:Number of hits (Score:2, Informative)
Less than 400 hits to kill the server?! And they arrest the student?
FYI (Score:2, Informative)
When appropriate, visitors will be linked back to the former district site http://www.lakelocal.org/ [lakelocal.org]
Or this site http://lakelocal.oh.schoolwebpages.com/ [schoolwebpages.com]
School URL might be wrong, try this-- (Score:4, Informative)
Wrong Lake HS (Score:4, Informative)
Re:Canton Law Dept page (Score:2, Informative)
http://reloadevery.mozdev.org/ [mozdev.org]
Re:Seems like a waste of time and money (Score:4, Informative)
Re:Must Have A Pretty Bad Webserver (Score:3, Informative)
Re:must be more zero tolerance (Score:3, Informative)
Date Docket Entry
01-06-2006 COPIES OF COMPLAINT SERVED ON DEFENDANT AND DEFENDANT APPEARRED AND ADVISED OF
CHARGES PRELIMINARY HEARING SET FOR 01-12-2006 @ 3:15 PM
01-06-2006 ON THIS DAY THE DEFENDANT APPEARED WITH 20850-JOHN GIUA ATTORNEY OF RECORD
01-05-2006 BOND POSTED $2,500.00 UNSECURED WITH SUPERVISION OF PTS DUE TO EMERGENCY
RELEASE ON 01-04-2006
01-05-2006 ARRAIGNMENT SET FOR 01-06-2006 @ 9:00 AM
01-05-2006 DEFENDANT ARRESTED ON WARRANT 01-04-2006. TRANSFERRED TO STARK COUNTY JAIL IN
LIEU BOND. FORM 8 FILED
01-04-2006 PROBABLE CAUSE FOUND. REFER TO BOND SCHEDULE FOR BOND INFORMATION BY JUDGE
RICHARD J. KUBILUS
01-04-2006 DEFENDANT'S PHYSICAL DESCRIPTION FORM FILED AND ISSUED
01-04-2006 WARRANT ISSUED ON 01/04/2006; (UNTWN)
01-04-2006 2909.04 (F4) - DISRUPTING PUBLIC SERVICES COMPLAINT FILED
More information from the county (Score:3, Informative)
Re:School URL might be wrong, try this-- (Score:5, Informative)
Personal Contact Info/Court Info/The Law (Score:2, Informative)
2006 CRA 00060 MICHAEL WAYNE STONE
Birth Date: 11-16-1987
13634 MOGADORE AVE NW UNIONTOWN OH 44685
Judge:
2909.04 F4-DISRUPTING PUBLIC SERVICES
Docket Entry
01-06-2006 COPIES OF COMPLAINT SERVED ON DEFENDANT AND DEFENDANT APPEARRED AND ADVISED OF CHARGES PRELIMINARY HEARING SET FOR 01-12-2006 @ 3:15 PM
01-06-2006 ON THIS DAY THE DEFENDANT APPEARED WITH 20850-JOHN GIUA ATTORNEY OF RECORD
01-05-2006 BOND POSTED $2,500.00 UNSECURED WITH SUPERVISION OF PTS DUE TO EMERGENCY RELEASE ON 01-04-2006
01-05-2006 ARRAIGNMENT SET FOR 01-06-2006 @ 9:00 AM
01-05-2006 DEFENDANT ARRESTED ON WARRANT 01-04-2006. TRANSFERRED TO STARK COUNTY JAIL IN LIEU BOND. FORM 8 FILED
01-04-2006 PROBABLE CAUSE FOUND. REFER TO BOND SCHEDULE FOR BOND INFORMATION BY JUDGE RICHARD J. KUBILUS
01-04-2006 DEFENDANT'S PHYSICAL DESCRIPTION FORM FILED AND ISSUED
01-04-2006 WARRANT ISSUED ON 01/04/2006; (UNTWN)
01-04-2006 2909.04 (F4) - DISRUPTING PUBLIC SERVICES COMPLAINT FILED
Source: http://www.starkcountycjis.org/cjis2/docket/main.h tml [starkcountycjis.org]
-----
2909.04. Disrupting public services.
(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:
(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;
(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;
(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.
(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.
(C) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.
(D) As used in this section:
(1) "Emergency medical services personnel" has the same meaning as in section 2133.21 of the Revised Code.
(2) "Emergency facility personnel" means any of the following:
(a) Any of the following individuals who perform services in the ordinary course of their professions in an emergency facility:
(i) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(ii) Registered nurses and licensed practical nurses licensed under Chapter 4723. of the Revised Code;
(iii) Physician assistants authorized to practice under Chapter 4730. of the Revised Code;
(iv) Health care workers;
(v) Clerical staffs.
(b) Any individual who is a security officer performing security services in an emergency facility;
(c) Any individual who is present in an emergency facility, who was summoned to the facility by an individual identified in division (D)(2)(a) or (b) of this section.
(3) "Emergency facility" means a hospital emergency department or any other facility that provides emergency medical services.
(4) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.
(5) "Health care worker" means an i
I have just one thing to say to that! (Score:5, Informative)
Regards,
Steve
Picture of Frank Forchione (Score:2, Informative)
Here's a picture of the idiot. [malone.edu]
The guy looks real tough... :(
From the original page (GOOGLE-CACHED): [72.14.203.104]
Re:must be more zero tolerance (Score:3, Informative)
Interesting ports on 66.144.97.98:
(The 1665 ports scanned but not shown below are in state: filtered)
PORT STATE SERVICE
80/tcp closed http
110/tcp open pop3
Interesting. Look like they just shut down HTTP.
Guess they are waiting for this to blow over.
I mean - it could just be on different machines, or have crashed the server, but POP was still quite responsive.
Re:must be more zero tolerance (Score:1, Informative)
Forchione Frank G Atty - 0.1 miles E - National City Bank B, Canton, 44702 - (330) 453-7676
Forchione, Frank G Atty: Res - 3.5 miles N - 4601 Logan Ave NW, Canton, 44709 - (330) 305-0084
URL correct; 580 visits till 1st of January! (Score:2, Informative)
As of January 1st this year, it proudly reads:
"This page has been viewed 580 times!"