LulzSec's Raynaldo Rivera, a.k.a. 'neuron,' Gets One-Year Prison Term 105
hypnosec writes "Raynaldo Rivera, who went by the online moniker 'neuron', has been sentenced to a one-year prison term, 13 months of home detention, 1,000 hours of community service and has been ordered to pay over $600,000 in restitution. Rivera pleaded guilty in October 2012 to charges of conspiring to cause damage to a protected computer after participating in the attack on Sony Pictures in 2011. The court documents note that the main motive of the Lulzsec hacking collective, and offshoot of Anonymous, during its two-month hacking rampage and attacks on corporate and government entities like the Sony Pictures, was to see the 'raw, uninterrupted, chaotic thrill of entertainment and anarchy.'"
so... (Score:3, Insightful)
ordered to pay over $600,000 in restitution
So, after all the rest of this stuff is over with, how does
anyone seriously expect him to pay this? Or is this just another
one of those "utterly destroy his life to make an example out
of him" scenarios?
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Or is this just another one of those "utterly destroy his life to make an example out of him" scenarios?
Yes, pretty much.
On one hand, this is Sony here, a colossal bunch of assholes.
On the other hand, that doesn't mean you get to be online jerks. It may be worth the effort to show the little douchebags that the lulz are on them.
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You fucked up. [slashdot.org]
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How much did Sony have to pay (Score:1)
For their rootkit?
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I think I get your point, but Sony paid somewhere around 5.75 million it looks like. The interesting thing you'll note from the article is that if you have enough money you can pay a state to stop its investigation into your case.
http://www.infoworld.com/d/security-central/sony-rootkit-settlement-states-reaches-575m-558 [infoworld.com]
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Re:so... (Score:5, Interesting)
It may be worth the effort to show the little douchebags that the lulz are on them.
Not so many years ago I would have agreed with you. After the financial crisis, and the government bending over backwards to ignore criminal behavior, or worse rewarding the criminals with our money, I no longer feel that way. The whole idea of justice is a joke, especially in financial crimes (and what 'neuron' did is strictly financial damage). I don't defend anything he did, but until people in the financial sector pay a proportional penalty, or any penalty, it's not justice. I'd be just as happy if he got away with it.
Nor am I some sort of kid indulging in a nihilistic "it's all rigged" rant. For many years I had more faith in the "system", knowing full well it was far from perfect. I've reached the point where I no longer believe that, and it's more because the system has changed than because I have. Search on almost anything written by William K. Black. He's been there and done that. He was a mucky muck in the OCC (one of our numerous bank regulating agencies) when the S&L crisis hit. He was instrumental in getting over 1000 criminal convictions, and establishing the case law for control fraud, in a scandal that was a pittance compared to the recent financial crisis. He knows what control fraud looks like, and that's what the financial crisis was in spades.
Well said (Score:2)
Anyone who wants "raw, uninterrupted, chaotic thrill of anarchy" just needs to observe Wall Street and banks.
Watch Inside Job [imdb.com] to get a look at the greedy scum who've infiltrated and taken control of every institution including our governments.
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That's exactly what this is.
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.
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Expecting him to pay is not the only reason to order $600K in damages. For example, Sony may gain some kind of financial advantage (tax or similar) from being able to say they have a $600K uncollectable debt instead of $600K in unplanned IT expenses. (I Am Not an Accountant)
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After nearly 20 years of employment $600k is not double my net worth. It's pretty fucking close though.
You want to spend half your working life making up for a couple of months of silliness?
Give me a $600k fine and I start paying it in blood. I refuse to accept indentured servitude.
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So, after all the rest of this stuff is over with, how does anyone seriously expect him to pay this? Or is this just another one of those "utterly destroy his life to make an example out of him" scenarios?
If he caused $600,000 worth of damage, didn't he destroy his life himself?
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Perhaps. Then again, seeing how the victim is Sony, I can't help but remember the parable of the unmerciful servant [biblegateway.com]. But I guess personal responsibility is just for peons.
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The biggest victims are the consumers of Sony.
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Lights Out (Score:1)
was to see the 'raw, uninterrupted, chaotic thrill of entertainment and anarchy.'"
I suspect he will see that in spades when the warden announces Lights Out.
Sure, in this case (Score:2)
In this particular case, I can't particularly complain. Even without computer-specific laws, I'd consider this to be criminal mischief. Truly stunning though when compared to Aaron Swartz's situation...
$600,000 (Score:3)
$600,000 is basically a sentence to a life of slavery isn't it? I don't know how much he could reasonably expect to pay back in a year; presumably even less than otherwise given a criminal record. $5K? $10K? But I suppose if that's the assessment of the damage he caused, how he's going to pay it back is immaterial.
How do these kinds of damages even work? No one's going to loan him that kind of money, so presumably the damaged party is going to have to collect over a period of decades?
Re:$600,000 (Score:4, Informative)
Unlike student loans, this debt can be cancelled out by declaring bankruptcy. He will lose everything he has first though, assuming he doesn't have assets valued at $600k
Re:$600,000 (Score:4, Informative)
Restitution in criminal cases is not dischargable by bankruptcy.
So basically he's a slave until the restitution is made.
http://coloradobankruptcyguide.com/940/can-i-get-rid-of-my-criminal-restitution-obligation-in-bankruptcy/ [coloradoba...yguide.com]
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"Slave" is a bit hyperbolic. He can still work a 40 hour work week, he will still have his own home / transportation, and he will still have a quality of life that is pretty decent compared to the vast majority of the world.
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There is no law that I am aware of which would allow the state to force you to work for a particular employee.
Some slaves in ancient Rome had a very high quality of life too.
WHat makes slavery slavery, is that you dont have autonomy. Having a debt like this does not remove your ability to travel, to change employees, or to make your own life decisions; it just restricts your finances.
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He does not have to serve sony, he merely has a debt to them. If you are defining the word "slave" to include "has debt", then you are using a definition I have never heard before and which seems to be pretty counterintuitive. Raynaldo caused financial damage to Sony, and while we can argue over the amount of damage and the proper amount of restitution, there is no doubt that in a just society his judgement would include financial restitution.
Slavery specifically refers to being beholden to a specific mas
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Restitution in criminal cases is not dischargable by bankruptcy.
So basically he's a slave until the restitution is made.
http://coloradobankruptcyguide.com/940/can-i-get-rid-of-my-criminal-restitution-obligation-in-bankruptcy/ [coloradoba...yguide.com]
Bankruptcy laws vary by state. I was injured by someone who committed an assault felony against me. I talked to a lawyer and found that in this state, any damages that were awarded to me from a criminal act were dischargeable through bankruptcy. The lawyer said that the best I could hope for is that they threw the book at the guy, but not to expect any damages because he didn't have any assets that would prevent him from discharging the damages in bankruptcy.
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I am not doubting your experience, but this is a Federal case. As such state laws don't apply, and under Federal law this is not dischargeable.
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This is why organized criminals establish their shell companies ahead of time.
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I dont believe you can clear out debts imposed by the court through bankruptcy.
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Re:$600,000 (Score:4, Interesting)
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Exactly, only fictional persons are allowed to use that dodge. Actual people have lesser rights.
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I had some distant family that got screwed over by a lawyer. He botched the will. The father died, the kids were assholes, and the mother was left with nothing. So she sued. The lawyer did whatever shenanigans lawyers can do to delay things while he consolidated his money and bought a fancy house and car. By the time the case went forward and locked down his assets he hardly had anything of worth other than the house and car. He loses the case and they come for his money, but they're not allowed to touch hi
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You can create shell companies with other people as board members and put any wealth not already spoken for by the court in there. It becomes untouchable.
And the best part is, you don't even have to tell those people that they're on the board [arstechnica.com], and can even use made up names [arstechnica.com]. And nothing bad will ever happen to you as a result [arstechnica.com].
It's foolproof!
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They put him in a debtors' prison until he has paid his debt off. And he has to pay rent. That's the classical method anyways.
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They put him in a debtors' prison until he has paid his debt off.
Where are you from, the 18th century? He was convicted in California, "debtor's prisons" are illegal in every US jurisdiction. Having a felony conviction however pretty much relegates him to being in debt for the rest of his life though.
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The problem is that the creditors manipulate the proceedings. For example by not being terribly diligent about serving the summons to appear.
From the second link:
It is possible that the debtor does not receive this notice to appear in court and doesn't even know that a lawsuit has been filed against him or her. Additionally, if a citizen is later stopped by police they can be arrested and placed in jail for failure to appear in court, not because of their debt.
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It sounds reasonable to me.
Its not, and here's a little history [wikipedia.org] for ya.
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Hmm. Maybe he should have considered how he'd handle the consequences of his action before he acted?
I know, I know - personal responsibility is no fun, and we need the gentle guiding hand of the government watching over us at all times. It's probably Obama's or Bush's fault (maybe Clinton!) that he wasn't prevented from doing this in the first place by strict regulations on Sony requiring them to sever all connections to the internet and cease doing business altogether by liquidating all holdings and pour
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And if we fined you for everything wrong you ever did, in full accordance with the law, you'd be broke too, criminal scum.
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Take a trip to Singapore some day. Litter on the bus get fined or sentenced to cleaning busses.
Get caught putting gum on the sidewalk, pay a fine or get sentenced to cleaning sidewalks.
Guess how clean busses are there.
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He chose to take a big shortcut--rather than lifting even one finger to try to make the system better, he vandalized someone else's property because it was easier to do than doing the right thing
you know what? still cheaper than lifting a finger to make the system better!
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An Anonymous Coward making a speech about personal responsibility is beyond hilarious.
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$600,000 is basically a sentence to a life of slavery isn't it? I don't know how much he could reasonably expect to pay back in a year; presumably even less than otherwise given a criminal record. $5K? $10K?
Not slavery. He is free to move, free to work where he wants, and so on. On the positive side, no woman will marry him for his money. On the negative side... If some woman wants to marry him, she'll better get good advice how to keep their finances separate.
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They had all the illusions of freedom while being completely owned.
Kind of like you, right now.
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Presumably as a "master hacker" and "computer genius" he should be able to use his "talents" to start his own software company and make money. It costs very very little to create and release a mobile application. Of course, if it's anything like some past hacking cases, they might bar him from even owning a computer for some period of time. But if not--13 months of house arrest should be plenty of time.
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bad news sunshine (Score:1)
So you thought you might like to go to the show, to feel the raw, uninterrupted, chaotic thrill of entertainment and anarchy, that space cadet glow.
what happened to the jails are too full? (Score:2)
It's actually one year and one day (Score:2)
Can he pick Valentine's Day, so after his one year term he can use that particular day for a conjugal visit. Bet that will make the news.
Charged with damaging a PROTECTED computer... (Score:1)
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I'm starting to wonder what's gotten into the water... the current generation of young geeks/nerds seems to be rather supremely stupid and lacking respect for the property and privacy of others.
Kids these days take their inspiration from the great leaders both in business [wikipedia.org] and in politics [youtube.com].