Felony For Refreshing a Web Page?

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

[jkauzlar]

Lake High School [k12.oh.us]

That was a fast /.ing

[dtfinch]

http://lake.stark.k12.oh.us/ [k12.oh.us] was offline before I could even find its url in Google.

Re:must be more zero tolerance

[Anonymous Coward]

http://lake.stark.k12.oh.us/hs/ [k12.oh.us]

this one?

Re:must be more zero tolerance

[Noxx]

How strange, all the results I found on Google are showing server errors...

Video of Story

[wike]

Here's a link to a video newstory that provides some more details: http://www.wkyc.com/video/player.aspx?aid=18650&si d=45721&bw= [wkyc.com] This story has been up on Digg.com for a few hours, the school's website has been down most of the day

Canton Law Dept page

[Anonymous Coward]

Since the school's site is already DDoS'd, here is the Canton Law Dept [cityofcanton.com]. Let's see how fast we can take the prosecutor down.

Number of hits

[Silverlancer]

According to the folks at Fark, who got to it before the slashdotting, it only had about 900 hits total. Come on, they crashed the server in NINE HUNDRED HITS?!

Re:Seems like a waste of time and money

[drinkypoo]

He didn't do the refreshing, did he? He used his right to speak freely.

It is specifically illegal to incite others to commit a crime.

Re:Seems like a waste of time and money

[Anonymous Coward]

Population of 80,000 in 2000...that's not a town, that is a city. Not a big city, but it's sure bigger than a town.

http://www.city-data.com/city/Canton-Ohio.html [city-data.com]

Re:This doesn't make any sense

[jfern]

The activist conservative United States Supreme Court ruling Santa Clara County v. Southern Pacific Railroad of 1886 claimed that the 14th amendment somehow gave rights to corporations. The idea of "corporate personage" was born. Of course, they have a lot more rights than persons.

http://en.wikipedia.org/wiki/Santa_Clara_County_v. _Southern_Pacific_Railroad [wikipedia.org]

Re:Seems like a waste of time and money

[poot_rootbeer]

Straw man? Is that you?

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

[Rei]

If anyone wants to try and reach the kid (Michael Stone) to offer support, the Stark County Jail's contact info is:

4500 Atlantic Blvd. NE
Canton, OH 44705
Phone: [phone]
Fax: [phone]
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+Moga dore+Ave.+NW.,+Canton,+OH&btnG=Search&ll=40.95199, -81.39827&spn=0.005348,0.013465&t=k [google.com]

Re:must be more zero tolerance

[Philip K Dickhead]

LAKE HIGH SCHOOL

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: [phone]

Re:Canton Law Dept page

[Anonymous Coward]

Joseph Martuccio, Law Director
218 Cleveland Ave SW
Canton, OH 44702
Phone: 330 - 489-3251
Fax: 330 - 489-3374
[e-mail]
Think I might send the citys law director am email telling him to get real.

Re:must be more zero tolerance

[Mr. McGibby]

Google maps finds the address, but USPS's site doesn't

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

[x69]

I'm guessing this is the ordinance that he broke.

http://www.cantonlaw.org/ordinance/OrdinanceGet2?A dminCode3=541&AdminCode4=04 [cantonlaw.org]

Re:must be more zero tolerance

[Rei]

I think the kid could have a case on the grounds of Brandenburg v. Ohio [wikipedia.org]. His speech could only be illegal if it was directed to inciting and likely to incite imminent lawless action. In the case, Brandenburg was a KKK leader who invited a reporter to come see a clan meeting. The reporter taped him referenced the possibility of "revenge" against blacks and jews, and hostilly announced a march on congress. He was charged and convicted with trying to incite violent action, and the courts reaffirmed it, up to the Supreme Court which overturned it under the "intent", "imminence" and "likelyhood" standard for the inciting of lawless behavior.

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

[bizard]

I agree with the parent that instructing people to DDoS his schools computer is probably criminal. However, with the helpfully provided link to the City of Canton legal department I looked up the following definition of 'Criminal Mischief':

(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, all as defined in Ohio R.C. 2909.01, knowingly do any of the following:

A. In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;

B. Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.

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

[fitchmicah]

Everyone refresh: http://www.cityofcanton.com/ [cityofcanton.com] I have a perfectly reasonable excuse for refreshing the page 100 000 000 000 000 000 times; I want some live updates from the city of Canton.

Contact the city of canton

[Anonymous Coward]

Don't know if anyone has posted this yet, but here are the contact details for the city of Canton officials. I hope you all voice your disgust by sending them an email. http://www.cityofcanton.com/reachus.html [cityofcanton.com]

Re:Number of hits

[Anonymous Coward]

google's cache [66.102.9.104] [google.com] of the home page shows 580 hits as of Jan 1st 2006.
Less than 400 hits to kill the server?! And they arrest the student?

FYI

[jtorgers]

The Lake Local School District is hosting a new web site this year. The new "official" district web site is http://lake.stark.k12.oh.us/ [k12.oh.us].

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--

[Anonymous Coward]

http://www.lakelocal.k12.oh.us/lhshome.htm [k12.oh.us]

Wrong Lake HS

[mazarin5]

That Lake High School is just outside of Toledo, OH. The Lake High School in question is near Canton, in the East.

Re:Canton Law Dept page

[Deviant Q]

Here's a useful Firefox extension for this kind of stuff:

http://reloadevery.mozdev.org/ [mozdev.org]

Re:Seems like a waste of time and money

[qtothemax]

It may not be a big east coast city, but it certainly does have its crime and bad areas in the wake if the steel mills closing. Is Gary Indiana, ~100,000 people, a midwestern town where life moves a little slower? Gary has the highest crime rate in the country. Gary is an extension of Chicago, and Canton is an extension of Cleveland/Akron. Former steel towns are not nice places.

Re:Must Have A Pretty Bad Webserver

[shish]

oh really [netcraft.com]?

Re:must be more zero tolerance

[DASCOM2000]

Yes the good old book thrown at this criminal

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

[br00k]

The Stark county Sheriff's office had some outdated information in the previous post-- Sherriff W. Bruce Umpleby died several years ago-- here's the updated info: 4500 Atlantic Blvd. NE Canton, OH 44705 Phone: [phone] Fax: [phone] Sherriff Tim Swanson I was actually *referred* to the prosecutor to find details on how to donate for the kids' legal fees, though Frank didn't seem to know. The number I was forwarded for the county prosecutor (Frank Forchione) was 330-305-0084 if you wish to contact him for details on the case, and or find out what the heck he's thinking. As a director that deals with *real* security issues regularly, setting this kind of legal precedent is quite dangerous, and would be terrible for the internet community. If there's any EFF types reading this, please post information on how to open a donation fund for the defendant's legal costs, or how to contribute to an existing one.

Re:School URL might be wrong, try this--

[Anonymous Coward]

Ouch, wrong one. I actually go there, the one in Millbury, not the one in Canton. Kind of confusing, actually.

Personal Contact Info/Court Info/The Law

[theGoof]

Canton Muncipal Court -- Criminal Division

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!

[LnxAddct]

while true; do wget http://lake.stark.k12.oh.us/hs/ [k12.oh.us] &> /dev/null; done;
Regards,
Steve

Picture of Frank Forchione

[Bodysurf]

Here's a picture of the idiot. [malone.edu]

The guy looks real tough... :(

From the original page (GOOGLE-CACHED): [72.14.203.104]

"Mr. Frank Forchione received his BA in Economics from Kent State University and the JD degree from the University of Akron. Mr. Forchione was appointed first assistant prosecutor for the city of Canton in 1989 and, in 1993, became the prosecutor for the City. Mr. Forchione's responsibilities as prosecutor include: overseeing all criminal cases in the Canton Municipal Court Jurisdiction, advising the police department in criminal matters, supervising the assistant prosecutors, and conducting criminal jury trials as well as felony preliminary hearings. In addition, he is the special prosecutor for Tuscarawas County, New Philadelphia, North Canton, Perry Township, Stark County Prosecutor's Office, and Massillon Municipal Court. Mr. Forchione is also a contributing writer for the editorial column of The Canton Repository. Mr. Forchione recently published an article in Ohio Lawyer entitled "Understanding the Domestic Violence Law."

Re:must be more zero tolerance

[Derek Pomery]

Starting nmap 3.83.DC13 ( http://www.insecure.org/nmap/ [insecure.org] ) at 2006-01-07 00:06 EST
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

[Anonymous Coward]

GOOGLE LOOK UP

Forchione Frank G Atty - 0.1 miles E - National City Bank B, Canton, 44702 - [phone]
Forchione, Frank G Atty: Res - 3.5 miles N - 4601 Logan Ave NW, Canton, 44709 - [phone] /body

URL correct; 580 visits till 1st of January!

[gentoo1337]

No! The URL is correct [k12.oh.us] indeed [slashdot.org]. Watch the clip and check out the Google cache [64.233.183.104].

As of January 1st this year, it proudly reads:
"This page has been viewed 580 times!" :-D