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The Courts Crime

Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor 219

An anonymous reader writes: It's no secret that prosecutors usually throw every charge they can at an alleged criminal, but the case of Aaron Swartz brought to light how poorly-written computer abuse laws lend themselves to this practice. Now, another perfect example has resolved itself: a hacker with ties to Anonymous was recently threatened with 44 felony counts of computer fraud and cyberstalking, each with its own 10-year maximum sentence. If the charges stuck, the man was facing multiple lifetimes worth of imprisonment.

But, of course, they didn't. Prosecutors struck a deal to get him to plead guilty to a single misdemeanor charge, which carried only a $10,000 fine. The man's attorney, Tor Eklund, said, "The more I looked at this, the more it seemed like an archetypal example of the Department of Justice's prosecutorial abuse when it comes to computer crime. It shows how aggressive they are, and how they seek to destroy your reputation in the press even when the charges are complete, fricking garbage."
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Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor

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  • Duh ... (Score:5, Insightful)

    by gstoddart ( 321705 ) on Wednesday November 26, 2014 @12:03PM (#48467665) Homepage

    Prosecutors are no longer interested in evenly applying the law in a sane manner.

    They're interested in high profile retribution which is intended to send a message which says "don't mess with us, or we'll do this to you".

    And, somehow, at the CEO level when there's massive fraud and malfeasance ... absolutely nothing happens.

    Because the justice system is dependent on how much money is in your bank account, and who your friends are.

    • Re:Duh ... (Score:5, Insightful)

      by Stargoat ( 658863 ) <stargoat@gmail.com> on Wednesday November 26, 2014 @12:17PM (#48467823) Journal

      Ten years ago I would have said you were a crank. Five years ago I would have ignored the comment. But this country has gone seriously down hill over the past decade and a half.

      Corporate fraud and malfeasance is a major issue. Even things corporations do legally should be of paramount concern to the people of the US. There needs to be a disassembly (not continued over-regulation, which are two completely separate things) of the finance structure in the US, starting with the repeal of GLBA and the reinstatement of Glass-Steigel.

      • Re:Duh ... (Score:4, Funny)

        by Anonymous Coward on Wednesday November 26, 2014 @12:41PM (#48468097)

        Ten years ago I would have said you were a crank. Five years ago I would have ignored the comment. But this country has gone seriously down hill over the past decade and a half.

        Are you sure that the world has changed so much, and it is not just that you understand it better?

        Might be time to grow that lawn....

      • Re:Duh ... (Score:5, Insightful)

        by gstoddart ( 321705 ) on Wednesday November 26, 2014 @12:42PM (#48468111) Homepage

        Ten years ago I would have said you were a crank.

        In all honesty, ten years ago I would have said I'm a crank.

        But, the reality is, over the last bunch of years, we're seeing much more "victory at any costs" coming both from the legal system and the politicians. Facts and the law are secondary to agendas and posturing.

        We're seeing more and more examples of "the law and your rights are too damned inconvenient so we're going to ignore them".

        We see Federal law enforcement lying about their secret spying capacity and going to great lengths to conceal it.

        We see those same entities writing a hand book for how to commit perjury to about where they got their evidence in order to get a conviction and gloss over some of the shadier bits about how they operate. Effectively it's a "how to frame someone we believe is guilty but didn't legally obtain the evidence".

        The companies who caused the economic meltdown? Bailed out, and forgiven so we don't introduce any more instability, totally ignoring what amounted to billions of dollars worth of Ponzi schemes.

        The legal system has been co-opted to serve the interests of commercial entities, who more or less write laws which governments pass for them.

        And, increasingly, we see the governments of Western nations getting together to do this shit to all of us.

        So, yeah ... not so long ago I would have been a crank. But, not so long ago, none of this stuff was real, it was the stuff of fiction.

        I keep saying, what was fantastical fiction 10-15 years ago is commonplace. And if it keeps going that way, we're pretty much fucked.

        In my mind, we've pretty much reached the point where the surveillance state being in partnership with (and in some cases working for) an oligarchy or corporations who don't give a shit about anything but their own profits, and who have the means to change and control anything which they find inconvenient.

        It doesn't seem like there's enough tinfoil on the entire fucking planet to NOT end up sounding like a paranoid loon when you look at what's actually happening.

        I'd like to go back to a nice normal "slightly crazy" like before. But the world doesn't seem like it's trending in that direction.

      • by jbolden ( 176878 )

        reinstatement of Glass-Steigel

        You really don't want the reinstatement of Glass-Steigel. What you want is an updated version. The nice thing is Elizabeth Warren wrote it 21st Century Glass–Steagall Act (S.1282).

      • Ten years ago I would have said you were a crank. Five years ago I would have ignored the comment. But this country has gone seriously down hill over the past decade and a half.

        Corporate fraud and malfeasance is a major issue. Even things corporations do legally should be of paramount concern to the people of the US. There needs to be a disassembly (not continued over-regulation, which are two completely separate things) of the finance structure in the US, starting with the repeal of GLBA and the reinstatement of Glass-Steigel.

        10 years ago, I knew the system was fucked. But it's nice that the general consensus is coming around to agree with me, more or less. It reminds me of when everyone else finally realized what a terrible president Gorge W. Bush was, or that the NSA really is spying on them.

        The problems go deeper than you probably know; deep enough that you would again consider me a crank if I told you. The fraud and regulatory capture are only the beginning. Where it gets really interesting is where the corporate and fin

      • Ten years ago I would have said you were a crank. Five years ago I would have ignored the comment. But this country has gone seriously down hill over the past decade and a half.

        Nope, this hasn't changed. Read up on the Neidorf E911 case.

    • They're interested in high profile retribution which is intended to send a message which says "don't mess with us, or we'll do this to you".

      Because this lets the prosecutor appear "tough on crime" which plays well when he tries to advance his political career.

      And, somehow, at the CEO level when there's massive fraud and malfeasance ... absolutely nothing happens.

      Because that CEO is also a major campaign contributor.

      It's sad how much of this goes back to politics.

      • It would be more accurate to say: it all goes back to money.

        Politics is the means by which certain individuals get elected, and how others get appointed by the elected officials. Which is legislation favorable to a particular industry gets passed, and how lucrative government defense contracts get awarded. In exchange for which, the political figure in question can be assured of a nice corporate consulting or board position upon retirement. At which point they become a campaign contributor, and the whole

        • Pretty much.

          Just remember, if the government has the power to do anything you want, it also has the power to do anything that guy over there wants.

          His best interests aren't necessarily your best interests. And he may have more money to buy legislation than you do.

    • Re: (Score:3, Insightful)

      Prosecutors are no longer interested in evenly applying the law in a sane manner.

      They're interested in high profile retribution which is intended to send a message which says "don't mess with us, or we'll do this to you".

      And, somehow, at the CEO level when there's massive fraud and malfeasance ... absolutely nothing happens.

      Because the justice system is dependent on how much money is in your bank account, and who your friends are.

      Or if you're a member of "team us" with the prosecutor you don't have to worry, either. Look at cases where police officers actually are indicted for a crime and see how the prosecution is handled. A couple of names to google: "Jon Burge", "Johannes Meserle", "David Bisard". Note the charges - absolutely the minimum. Take a look at what happens when police officers falsify reports and such, too. It's crazy.

      The justice system is mainly made to screw over poor people. The middle class are simply bankrup

  • It's no secret that prosecutors usually throw every charge they can at an alleged criminal

    They wouldn't be doing it, if they — the prosecuting agency(ies) — faced non-trivial monetary loss for every charge, that did not hold up in court...

    To keep it harder for entities — both private and governmental — with large legal budgets to initiate frivolous proceedings, the loser must pay winner. There is no such thing currently and even winning a suit can leave one with thousands of dollars in debt. It must become automatic and not require a separate lawsuit by the winner to recoup his legal costs.

    • You can lose even with a case with merit. The law is not oriented so as to preclude you from engaging in a suit entirely out of the fear you might, from a technicality, be found to have your suit not substantiated.

      Yes, the law may not award costs and punitive damages for prosecutorial aggressiveness, but it serves other ends. Perhaps that issue is meant to be dealt with by other means?

      In the US, don't you elect prosecutors, judges, and sherrifs, and DAs, and so on? These people, one presumes, are doing as t

      • by mi ( 197448 )
        You can lose even with a case with merit.

        You might. And my system will help further discourage you from making a nuisance of yourself.

    • One caveat: The legal fees should be capped, not set to all legal fees. Otherwise, small guy sues big company. Small guy stretches his budget and pays $10,000 in legal fees. Big company's legal budget is $10 million. Big company wins and now small guy is on the hook for $10 million. With this situation, the possibility of losing and needing to pay Big Company's legal fees will become an incentive not to sue big companies.

      • Criminal case, not civil cases from what I can gather.

      • by mi ( 197448 )

        The legal fees should be capped

        Maybe.

        Small guy stretches his budget and pays $10,000 in legal fees. Big company's legal budget is $10 million.

        If the target of the lawsuit (your hypothetical company) was forced to spend $10 million to defend itself, then, yes, $10 million it will be. Unless, maybe, the judge will tell them, they didn't need to feed 10 lawyers black caviar. But it is entirely possible that the parties' legal costs will be in different orders of magnitude — that may still be perfectly le

      • One caveat: The legal fees should be capped, not set to all legal fees. Otherwise, small guy sues big company. Small guy stretches his budget and pays $10,000 in legal fees. Big company's legal budget is $10 million. Big company wins and now small guy is on the hook for $10 million. With this situation, the possibility of losing and needing to pay Big Company's legal fees will become an incentive not to sue big companies.

        German rules: Small guy asks for X dollars. Big company offers Y dollars (Y may be zero). Judge notes that they argue about X - Y dollars. Judge takes out a table which says what the court and what each side's lawyers can charge for a case over that amount. (If X - Y is very small or zero, the judge will refuse to hear it).

        When the case is finished, judge decides that Big company must pay Z dollars, Z between Y and X. Then cost is apportioned to Small Guy and Big Company. Portion of Big Company is (Z - Y

      • by Rich0 ( 548339 )

        I think a potential solution is to have the court mediate costs.

        There is a lawsuit. The court evaluates the size of the claims, and determines what a reasonable total legal expenditure is for a case of that size. Obviously a billion dollar patent lawsuit will involve more legal fees than a $100 bent fender dispute. The court then divides that amount in two and allocates half for each party.

        The two parties then can select lawyers who bill their services to the court. It would be illegal for any lawyer to

      • by jbolden ( 176878 )

        Small guy can't pay $10m and goes bankrupt. That seems fair. He has to gamble.

    • They wouldn't be doing it, if they — the prosecuting agency(ies) — faced non-trivial monetary loss for every charge, that did not hold up in court...

      How would that make a difference? They're the government. They *are* all the money, right?

      And if they don't have the money now, can't they can just raise taxes during the next budget cycle to cover those costs?

      • by mi ( 197448 )

        How would that make a difference? They're the government. They *are* all the money, right?

        The government does have unlimited pockets, but the budgets of individual prosecuting agencies is limited...

        And if they don't have the money now, can't they can just raise taxes during the next budget cycle to cover those costs?

        It would still force prosecutors to be more restrained. If, for example, we paid $10K for each alleged felony and $5K for each misdemeanor, the guy in TFA would've been due $440K. Well, maybe, $

    • It's no secret that prosecutors usually throw every charge they can at an alleged criminal

      They wouldn't be doing it, if they — the prosecuting agency(ies) — faced non-trivial monetary loss for every charge, that did not hold up in court...

      To keep it harder for entities — both private and governmental — with large legal budgets to initiate frivolous proceedings, the loser must pay winner. There is no such thing currently and even winning a suit can leave one with thousands of dollars in debt. It must become automatic and not require a separate lawsuit by the winner to recoup his legal costs.

      My best friend is a lawyer (we both live in the USA - don't know where you live off hand and I'm too lazy to check your profile) and we've talked about this very issue, but what you propose is DOA in the USA for a variety of reasons. Lawyers absolutely hate this idea. The standard lawyer response is "But with that kind of risk, people with legitimate grievances will simply not sue rather than risk losing". Of course fewer law suits is not good for lawyers. Most legislators at the state and national leve

    • by dywolf ( 2673597 )

      doesnt solve the problem, just shifts the side where teh abuse sits.

  • by kilodelta ( 843627 ) on Wednesday November 26, 2014 @12:10PM (#48467723) Homepage
    I'll be the first to admit that they throw everything they think will stick at a defendant. Read through any criminal proceeding and you'll see that most of the trial is about the prosecution getting a little bit out of control and being rebuked by the judge. It's actually funny.
    • by Anonymous Coward on Wednesday November 26, 2014 @01:05PM (#48468371)

      Funny until you're the defendant

    • by jopsen ( 885607 )

      It's actually funny.

      It might be funny... It's certainly not justice.

      I don't get why you elect judges and prosecutors mixing politics into the justice system. It makes the whole thing so adversarial.
      When it should be about truth and not convictions...

      • We do call it the adversarial system for a reason. It's not only the defendant who is adversarial; it's also the prosecution.

  • by Anonymous Coward

    Remember, haxx0rz rule at Wired.

    This is from rt.com (English-language Russian news); it explains where the $10,000 figure came from, and sheds light on what the Wired story claimed was Salinas merely logging in an filling in a couple online forms with garbage text:

    According to Special Agent Nguyen, authorities narrowed in on their target that January after investigators linked an attempt to breach the site of Hidalgo County with a computer within a residence where Salinas was staying. Salinas “made over 14,000 attempts to log into their website server,” Nguyen charged, in turn slowing down the system for administrators and visitors alike and eventually requiring the county to hire tech specialists. In all, the hack is alleged to have cost Hidalgo County $10,620.32, according to the Sept. 2013 complaint.

    Nguyen said the IP address of the computer used by Salinas was responsible for those thousands of attempted intrusions, and a search warrant executed a week after the hack occurred ended with the FBI seizing his laptops and recovering forensic evidence that linked him to the attacks.

    Salinas was interviewed by FBI Special Agent Christopher Wallingsford several months later in September 2012 and admitted during that meeting and at a later one that he used a program on his computer to attempt to gain administrative access to the site, but that his efforts were to test the network’s security.

    • What kind of computer system does Hidalgo county have that 14,000 login attempts would even register as a blip on the CPU?
      • What kind of computer system does Hidalgo county have that 14,000 login attempts would even register as a blip on the CPU?

        That doesn't really matter, does it? 14,000 login attempts by one user in one or two days is an unreasonably high number. It was an attempt to create mischief. While it is probably possible to design a system so that 14,000 login attempts cause no problem, Hidalgo county had no obligation to do this.

        It's also possible that there were _only_ 14,000 login attempts because the login attempts were done as quickly as the attacked system allowed it, and if Hidalgo's system had been ten times more efficient, th

  • by Opportunist ( 166417 ) on Wednesday November 26, 2014 @12:23PM (#48467907)

    But would YOU want to have a judge who can't operate his cellphone without an accident judge you on the base of laws written by people who don't have much more of a clue concerning the matter in a case where exactly these things play a key role? Supported by 12 douches whose primary concern is to get out of the whole mess as quickly as possible, no matter how.

    You sure as hell take the deal, knowing that you have NO chance in hell to a fair trial.

  • Throw a bunch of stuff on the wall and hope something sticks. Prosecutors don't really care what that is as long as it's something and they "win".

    • by surmak ( 1238244 )
      Then perhaps every charge that they bring that they do not a conviction/guilty plea for needs to count against them. If this were the case, the prosecutor record would have shown a single misdemeanor case in the win column, and 44 felonies lost.
  • by WaffleMonster ( 969671 ) on Wednesday November 26, 2014 @01:01PM (#48468333)

    When the word plea bargain is spoken all I hear is "forced confession" in keeping with traditions of the worlds leading jailor the United States of North Korea.

    People should simply be charged with whatever the crime they are accused of committing... It just isn't the act of using coercion to force a desired outcome alone it is all the second order effects this practice asserts on the whole system turning everything to shit.

    Maximum sentences are allowed to pierce the stratosphere because nobody notices when insane sentences are merely threatened but not actually handed out.

    Laws are intentionally written in broad terms to be used as a weapon yet again nobody cares because it does not happen.

    And before you know it in all ways that matter we are back to kings jailing the peasant fools they happen to dislike.

  • The consequences which follow from a $10,000 fine and a guilty plea to a federal misdemeanor hacking charge are not trivial.

    His usefulness to Anonymous is at an end --- the collective will be wondering about how much he had to offer in exchange for a plea bargain.

    Pleading down to a misdemeanor is common enough for a first offender. But that is a card you can play only once.

  • 97 percent of the people in federal prisons never had a trial--their cases were settled through plea bargaining. Like this one was, except this guy was lucky enough not to end up behind bars.
  • by davidwr ( 791652 ) on Wednesday November 26, 2014 @02:02PM (#48468873) Homepage Journal

    If the charges stuck, the man was facing multiple lifetimes worth of imprisonment.

    Bull****. Federal sentencing guidelines almost never ask for "fully stacked" sentences. Instead, you wind up with X months for the "top count" and a significant "discount" of additional time for each additional count that is either proven or conceded. For a single count, the maximum sentence is almost never handed out unless there are other factors in play. So let's say this guy did admit to all 44 charges and accept a guilty plea on all 44 counts, and that there were no other factors that counted for or against him under the sentencing guidelines. The guidelines would probably recommend that he get a few years for the first count, a year or two more for each of counts 2 and 3, and a month or two for each additional count, likely resulting in a sentence in the 10-15 year range.

    • How is it reasonable that the same crime could carry a punishment ranging from 2 to 10 years? I understand variance due to circumstances, but that range seems ripe for abuse.
      • How is it reasonable that the same crime could carry a punishment ranging from 2 to 10 years? I understand variance due to circumstances, but that range seems ripe for abuse.

        Pouring motor oil into a lake: Could be 1/4 litre, could be 10,000 litres. There should be a huge range for the "same" crime. Assault: The victim might say "ouch", or the victim might be disfigured and in a wheelchair for the rest of their life. There should be a huge range. Murder: Probably much less variation.

    • Federal sentencing guidelines almost never ask for "fully stacked" sentences.

      The term you're looking for is "consecutively." Most of the time, all sentences are served "concurrently," or at the same time. On rare occasions, as you write, a judge will specify that the sentences be served consecutively, to keep an exceptionally bad felon behind bars for as long as possible. Of course, the prosecutor can always threaten to ask for consecutive sentences to bulldoze the defendant into accepting a plea.

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