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Comments: 846 +-   Palin E-mail Hacker Indicted on Wednesday October 08 2008, @11:44AM

Posted by CmdrTaco on Wednesday October 08 2008, @11:44AM
from the very-stealthy dept.
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doomsdaywire writes "A University of Tennessee student who is the son of a Memphis legislator has been indicted by a federal grand jury on charges of hacking Republican vice presidential candidate Sarah Palin's personal e-mail. [...] If convicted, [David C.] Kernell faces a maximum of five years in prison, a $250,000 fine and a three-year term of supervised release. A trial date has not been set."
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  • What a dumb crime. (Score:5, Interesting)

    by bigtallmofo (695287) * on Wednesday October 08 2008, @11:44AM (#25301411)
    This is the dumbest crime ever. If he really did it, I just wish he would say, "Yeah I did it, I'm an idiot - just look at my goofy hair." Then they could cite him with a $200 fine for disorderly conduct and we could all move on with our lives. But the fact that he's pleading not guilty is going to give this whole thing legs both in the court and in the media.
    • by Leebert (1694) * on Wednesday October 08 2008, @12:05PM (#25301821)

      When the maximum penalty is 5 years in prison and a $250,000 fine, "Guilty" is a dumb thing to say.

      You can't make a deal with a prosecutor if you have zero leverage.

      Remember, because of lawyers, common courtesy is dead. For example, you can no longer apologize at the scene of a car accident that's your fault, because then you might be sued.

        • by mrjimorg (557309) on Wednesday October 08 2008, @12:36PM (#25302285) Homepage
          You just proved the parent post in 2 ways- 1. Calling him an idiot instead of just disagreeing with him demonstrates that common courtesy is dead, and 2. If you get in an accident with someone and you caused it your best response to their justifiable anger is to tell them to go pound sand.
      • by cizoozic (1196001) on Wednesday October 08 2008, @11:52AM (#25301551)
        Personally I forgot it happened until I saw this story. At least the trial should bring this back out into the open... But my guess is that nothing will happen to Palin and this guy will get punished. Sorry, I'm just your typical American who has lost a great deal of faith in our government, economy, and legal system.
        • by SmallFurryCreature (593017) on Wednesday October 08 2008, @12:30PM (#25302223) Journal

          Gosh, why is the system failing. What could possible have happened to the US and democracy in general. Could there be some clue. Maybe something in your post. Geez, lets see.

          Personally I forgot it happened

          The powers that be thank you, dear consumer with the attention span of a kitten in a chicken plucking factory.

          • by Anonymous Coward on Wednesday October 08 2008, @01:59PM (#25303859)

            The powers that be thank you, dear consumer with the attention span of a kitten in a chicken plucking factory.

            Dear poster, I am literally in awe of your skills with the metaphor. This has to be one of the best things I've ever seen.

          • by Ender_Stonebender (60900) on Wednesday October 08 2008, @01:29PM (#25303317) Homepage Journal

            Media publication of this information has nothing to do with whether or not the data was obtained illegally. News organizations publish information obtained from criminals about their criminal acts on a regular basis, and most of them are willing to shield their sources against investigation.

            The fact that Palin was using non-state-sanctioned e-mail for purposes of administering the state is, if not outright illegal under either federal or Alaskan law, certainly underhanded and something that the people should know about.

      • by dedazo (737510) on Wednesday October 08 2008, @11:59AM (#25301705) Journal

        That's all well and good, but bragging to the world about what you did because you thought it would make you leet is still stupid.

        I personally think this deserves punishment, regardless of whose email account he happened to crack. It doesn't matter if it was the Republican nominee for VP or Joe Six-Pack's, and it doesn't matter what portentous revelations came of it.

        But the punishment needs to fit the crime. Certainly any sort of jail time would be excessive to say the least. But kids like these need to understand that there are limits and rules which are more important than having a chuckle with the internet. At the very least it should be a lesson on how not to announce to the world what you did.

        • by timeOday (582209) on Wednesday October 08 2008, @12:54PM (#25302589)

          I personally think this deserves punishment, regardless of whose email account he happened to crack. It doesn't matter if it was the Republican nominee for VP or Joe Six-Pack's, and it doesn't matter what portentous revelations came of it.

          That's the key. How many webmail accounts do you think are compromised every day in the world? Now, how many are investigated by the secret service and result in a federal indictment?

      • by Holmwood (899130) on Wednesday October 08 2008, @12:08PM (#25301869)

        Except she wasn't conducting business illegally, and I'm puzzled as to why you'd falsely post that as a justification for an immoral and illegal act. As the hacker Rubico apparently said:

        Earlier it was just some prank to me, I really wanted to get something incriminating which I was sure there would be, just like all of you anon out there that you think there was some missed opportunity of glory, well there WAS NOTHING, I read everything, every little blackberry confirmation⦠all the pictures, and there was nothing

        See, for example, here:
        http://michellemalkin.com/2008/09/17/the-story-behind-the-palin-e-mail-hacking/ [michellemalkin.com]

        Personally, I prefer Tina Fey to Sarah Palin, but the emails I saw reprinted, while to political colleagues, were the kind that would be illegal (at least at the federal level) to send using government email accounts. For instance, she talked about her Lt-Governor's election campaign. Doing that kind of business on state accounts is a no-no.

        But even if all that were not true, you're saying it's just fine to hack into someone's personal email account because you suspect they are guilty of something. So it's fine for the police to do that to you? You must love the Patriot Act and think it doesn't go remotely far enough.

        Call that 1984.

        Even if Palin had improperly conducted state business on yahoo (which would be stupid and illegal), hacking her email account is still immoral and illegal. I'm surprised that many people who normally are pro-freedom turn out to have very situational ethics when it comes to people they regard as political enemies. As others have said in this thread, a guy called Richard Nixon seemed to think that way.

        • by Idiomatick (976696) on Wednesday October 08 2008, @12:22PM (#25302063)

          Politicians don't deserve the same freedoms as citizens. Sorry to say this but they cannot be trusted with as much freedom. The most a citizen will do doesn't matter to national security w/e. But the president/vicepresident, congresscritters they can cause really big problems and when there are allegations of corruption and wrong doing they should NOT get the same level of privacy citizens are supposed to (but dont get regardless). Look up congression level hacks and almost ALWAYS corruption is found. Sorry, privacy is nice and all but when you find they took a few hundred grand or a house in bribes (previous congressmen) then the hack was well justified. Its the same as hacking/investigating people when you have a warrant. The bar should simply be set lower for politicians since they seem to set it lower.

          • by coyote_oww (749758) on Wednesday October 08 2008, @12:46PM (#25302469)
            Politicians don't deserve the same freedoms as citizens

            Great. So the Obama campaign will be publishing all of Joe and Barrak's e-mail in the next few days then. 'Cause, how can we know if they're conducting public business with those private accounts, unless we see it all??

            The Big Rule of a democratic society is Equality Before the Law. Same rules for everyone. So if Palin's e-mail must all be public record, then the same goes for Biden and Obama, and Kennedy, and everyone else. And you.

              • by ArcherB (796902) on Wednesday October 08 2008, @01:42PM (#25303561) Journal

                I do think that Bidens and all other congressional emails (through GOV accounts) should be available/read by 3rd party. And when corruption is found like in palins case...

                Uh, nothing was found. You can keep saying that, but there was nothing there. Sorry.

                If a congress person (palin)...

                Palin is not in Congress. She is the governor. That is an executive position.

                ...corruptly fires safety commission over a personal argument...

                She fired the Chief because he was going after funding after Palin denied it. He was trying to go over the Governor's head to get things done. Governor's don't like that much. What would your boss do if you went to his boss, or more accurately, the head of a different department to request funding after your boss had denied it? I suspect you would end up in the same place as this particular chief.

                ...then she should have her logs checked. Seems pretty simple... citizen emails would not need to be public because we don't make billion dollar decisions.

                Government officials are still citizens. They deserve privacy just like you or I do. If they are not above the law, then they have the same rights as you or I. Otherwise, we would be allowed to see into the private lives of the old lady at the DPS office. She is just as much a government employee as the governor.

                But, hey! Don't let the facts cloud your judgment.

      • by cfulmer (3166) on Wednesday October 08 2008, @12:08PM (#25301875) Journal

        Really? The contents of the emails were generally posted on-line. Which emails were you referring to?

        In any case, remember that the appropriate standard here is what ALASKA law says she should do with her email. The current President is in some hot water over the Presidential Records Act, but that act doesn't apply to the Governor of Alaska.

        If you have both personal and business relationships with people, it's quite common for information to be intermingled in personal and business email accounts. Nothing generally wrong with that.

      • by zippthorne (748122) on Wednesday October 08 2008, @12:18PM (#25302013) Journal

        How could you have learned that?

        The entire mail archive was posted to wikileaks. Post ONE email from that archive (with appropriate obfuscations, of course) that supports that claim.

        note: I'm not suggesting that she did or didn't do anything, only that I'm not convinced the evidence available supports the claim that she did.

        note2: I'm not going to look through the archive myself. I don't want to look through someone else's private mail, and the burden of proof falls on the claim that she did commit wrongdoing, anyway.

        • by retchdog (1319261) on Wednesday October 08 2008, @12:41PM (#25302377) Journal

          As I understand, the archive didn't make it; just a few screenshots before the guy freaked out and asked 4chan to glom it for him, which is when/where someone changed the password and alerted Palin. (The screenshots are also supposedly what made it possibly to backtrack him through his weak-sauce anonymizer.)

          In short, epic fail for Palin and this cracker schmuck. But a quarter million $ and 3 years? Not going to happen. This kind of thing happens hundreds of times a week, if not day. How many times a day in the US, does someone steal a piece of physical mail (a Federal crime)? Probably in the thousands.

      • by peacefinder (469349) * <alan,dewitt&gmail,com> on Wednesday October 08 2008, @12:19PM (#25302027) Journal

        To the extent that there may have been e-mail there that was intended to avoid Alaska's public records law, there could have been a crime. However, we will now never know if that alleged illegal activity was taking place, because by compromising the account, this bozo gave Palin a perfect excuse to close the account and (presumably) destroy all the evidence. (And any evidence that can be recovered will be tainted.)

        Given the presumption of innocence in US law, we now must presume that she did nothing wrong... even if she had in fact been doing exactly what is alleged. Way to go, fella!

      • I learned that Sarah Palin was illegally using personal email accounts for business email

        Um, that's perfectly legal.

        What you meant to say was that she was illegally using personal email accounts for government business, which is not.

        • by that IT girl (864406) on Wednesday October 08 2008, @12:29PM (#25302205) Journal
          Or maybe they're like a lot of folks who didn't grow up with computers, and they are experts in other fields besides technology. This is like saying that a doctor is stupid because he couldn't fix your carburetor.
            • by that IT girl (864406) on Wednesday October 08 2008, @01:34PM (#25303401) Journal
              No, it isn't. The US is not a company that produces a product called "email provider" or even "internet". You're comparing apples and oranges, and you're also missing my point entirely.

              For the slow: Lots of older folks, especially, are not completely tech-savvy. It doesn't mean that they are incompetent at their jobs.

              I'm also willing to bet that if this had happened to Joe Biden, these types of comments wouldn't be thrown around so liberally (har har, pun not intended, but realized and appreciated after typed).
          • Re:indict Palin (Score:5, Informative)

            by rjhubs (929158) on Wednesday October 08 2008, @12:23PM (#25302091)
            Completely incorrect. Fruit of the poisoness tree ONLY applies to searches done by police. As is the same with most other evidence law precedents. There may be another reason why it isn't admissable, but that is not it.
          • Re:indict Palin (Score:5, Informative)

            by speedtux (1307149) on Wednesday October 08 2008, @01:02PM (#25302753)

            Why should she be indicted? None of her emails were very inappropriate.

            Government officials have record and reporting requirements. By using an external E-mail provider, she avoided those.

            even though her personal emails have been exposed and cleared as appropriate

            The account was called "gov.palin" and contained messages like this:

            According to the Guardian, who has looked at the Wikileaks data, among the emails in Palin's account were several from addresses belonging to her aides, including a draft letter to California governor Arnold Schwarzenegger, a discussion of nominations to the state court of appeals, and several bearing "DPS", the acronym for the Alaska Department of Public Safety.

            http://wikileaks.org/wiki/Sarah_Palin_Yahoo_inbox_2008 [wikileaks.org]

            Let it go--she obviously wasn't, and we know that thanks to the idiot who accessed her emails.

            She was using the account inappropriately, that much is clear. One can argue about whether this should be a big deal, given that there was no obviously incriminating information she was trying to hide.

            I'd usually say this shouldn't be a big deal. But given her apparent history of abuse of power, this is quite relevant.

  • by InlawBiker (1124825) on Wednesday October 08 2008, @11:48AM (#25301483)
    She changed her password to 0ldGuY=Mepr3z!!
  • by jesdynf (42915) on Wednesday October 08 2008, @11:49AM (#25301493) Homepage

    My understanding was that illegally wiretapping American citizens carried neither fine nor penalty.

  • Bummer (Score:4, Interesting)

    by introspekt.i (1233118) on Wednesday October 08 2008, @11:49AM (#25301501)
    Obviously, the perpetrator was not entitled to any of the information contained within that Yahoo! email account and should be punished for breaking the law. What sucks is that he not really being punished for breaking the law, rather he's being punished for making Sarah Palin and thus the GOP look bad.
    • Re:Bummer (Score:5, Insightful)

      by Free the Cowards (1280296) on Wednesday October 08 2008, @11:52AM (#25301573)

      One can only hope that he is prosecuted to the exact same extent that he would be prosecuted for hacking my Yahoo mail account.

    • Re:Bummer (Score:4, Insightful)

      by operagost (62405) on Wednesday October 08 2008, @11:54AM (#25301603) Homepage Journal

      What sucks is that he not really being punished for breaking the law

      Yes, he is.

      rather he's being punished for making Sarah Palin and thus the GOP look bad.

      Please stop reposting from the DailyKos.

    • Re:Bummer (Score:5, Insightful)

      by moderatorrater (1095745) on Wednesday October 08 2008, @11:55AM (#25301627)

      he's being punished for making Sarah Palin and thus the GOP look bad.

      He's being punished for breaking the law in a high-profile way. Millions of people get away with speeding every day, yet if I were to speed past a vigil for children killed by reckless drivers, and TV cameras caught it and it became a big news story, I'd expect to get busted for it. High profile crimes are typically prosecuted in a high profile way.

      As for the assertion that it made the GOP look bad, how so? There was nothing incriminating there, he even commented himself on how disappointed he was when he was unable to find something to use against her. If anything, it's a net positive for the GOP since they've been victimized by a crime from Obama's supporters without any damage being done in the long run.

    • Re:Bummer (Score:5, Insightful)

      by Anonymous Coward on Wednesday October 08 2008, @12:01PM (#25301753)
      > What sucks is that he not really being punished for breaking the law,
      > rather he's being punished for making Sarah Palin and thus the GOP look bad.

      That would only make sense if he actually *found* any of the kind of thing he was looking for and, thus, actually made the aforementioned persons look bad. The only people who really look bad here are Yahoo, and perhaps other sites that follow a similar practice of encouraging users to use fundamentally highly insecure "Security Questions.

      At worst Palin comes off looking she's not a computer security expert (everyone who is surprised about this, raise your hand), and at best she comes off looking like she has nothing to hide. The only way she'd look bad out of this would be if she got hateful and vindictive and angry about it and started screaming for justice, but she presumably has better political sense than that, having already run a successful campaign for office at the state level.
  • by DigitalGodBoy (142596) on Wednesday October 08 2008, @11:51AM (#25301533) Homepage
    The only reason this is even news is because of the target. If there's no government communication on the account, why are the FBI and Secret Service involved?

    How many times a day do bitter exs break into each others accounts? Nothing ever comes of those incidents.
  • Balance (Score:4, Insightful)

    by Phroggy (441) <slashdot3@phro[ ].com ['ggy' in gap]> on Wednesday October 08 2008, @11:52AM (#25301563) Homepage

    Is it just me, or does that sound a bit excessive for guessing the answers to her all-too-obvious "forgot password" questions? I'm not saying he shouldn't be punished, but no actual harm was done. How does this compare to what the punishment would be for, say, hacking into an ISP's mail server and obtaining root access? Or defacing a company's web site?

  • by jcr (53032) <[jcr] [at] [mac.com]> on Wednesday October 08 2008, @12:03PM (#25301773) Journal

    If you do something illegal, STFU!

    -jcr

  • by MSTCrow5429 (642744) on Wednesday October 08 2008, @12:04PM (#25301799)
    For some reason the uber-parent failed to mention this, but the TN State legislator is a Democrat. May or may not mean anything, but odd to not mention it, isn't it?
  • by javelinco (652113) on Wednesday October 08 2008, @12:06PM (#25301841) Journal
    I seem to see dozens of posters who have decided that Palin was conducting government business over her email. I thought I'd read all the email that had been made public. Did I miss some? Where is this idea coming from? Is it just a meme that everyone believes because someone asserted it? Has anyone actually SEEN an email that was "conducting government business"? If so, can you please post the content?
    • by MarkusQ (450076) on Wednesday October 08 2008, @12:43PM (#25302425) Journal

      I seem to see dozens of posters who have decided that Palin was conducting government business over her email. I thought I'd read all the email that had been made public. Did I miss some? Where is this idea coming from?

      According to The Anchorage Daily News [adn.com] her use of secret accounts for state business was already an issue before McCain selected her as his running mate. A records request this summer by a fellow Republican (Andree McLeod) turned up the fact that she was playing fast and loose with the state records laws.

      The governor's Yahoo account is "the most nonsensical, inane thing I've ever heard of," said Andree McLeod, who is appealing the administration's decision to withhold e-mails.

      "The governor sets the tone and the tone that has been set by this governor is beyond the pale," McLeod said. "Common sense tells you to use an official state e-mail account for official state business."

      [snip]

      "I think that it's total hypocrisy from what she stood for at the beginning of her campaign," Henning said. "Because she campaigned on open government, and she knew that using a private e-mail account would take it and basically hide stuff that people couldn't see."

      As far as McLeod can tell, all but one of the e-mails to the governor used her private e-mail address. The one time an aide e-mailed the governor's state account, he was reminded not to.

      "Frank, This is not the Governor's personal e-mail account," an assistant to Palin wrote to Bailey in February.

      "Whoops~!" Bailey responded in an e-mail.

      The Republicans in Alaska had had just about enough of her before McCain swooped in. There was bipartisan support for several investigations against her and a growing consensus towards impeachment.

      Now, of course, that's all forgotten, at least in some quarters.

      Has anyone actually SEEN an email that was "conducting government business"? If so, can you please post the content?

      I think that's the whole point. They haven't seen the emails, but their existence has been made clear by (among other things) the privilege logs, other e-mails, and sworn testimony of her staffers. So far, she's refusing to turn them over.

      --MarkusQ

    • by Morris Thorpe (762715) on Wednesday October 08 2008, @12:09PM (#25301891)

      Enough with this.

      I can't believe how many blindly partisan people simply ignore the violation of her privacy.

      Would you have the same attitude if you had been the victim?
      You'd be OK with someone hacking into your email, or perhaps browsing around your home to look for something that *might* indicate that you've done something wrong?
      Would you say, "I guess I had it coming"?

      I think it's sad that this (eternal) election has divided American citizens into Republicans or Democrats and not much else.

      Damn.

        • John McCain can't type because his arms were repeatedly broken by the Vietnamese while he was a POW. Why do you insult disabled veterans?

          Well, that's what his campaign claims when the embarrassing topic of his technological ignorance comes up. On the other hand, here [flickr.com] you can see him firmly holding a pad in one hand, while signing his name with the other hand, standing up, with no awkwardness that I can observe. He's hardly an invalid. If he can do that, he can type on a keyboard.

          While I respect McCain's sacrifice 35 years ago as a single data point, unfortunately he's also proved himself to be a dishonorable liar since then.

All that glitters is not gold; all that wander are not lost.