Saturday, March 30, 2013
Andrew "WEEV" Auernheimer is appealed his sentence of 41 months (and the corresponding penalty of $ 73,000). Many members of the security community have expressed concern about this decision, especially in light of other cases CFAA. The exhibition Auernheimer security hole AT & T does not really seem the sort of thing that should be punished, at least not with many years of imprisonment and a heavy fine. Then there is the feeling of discomfort that U.S. prosecutors pushed for a prison sentence because WEEV found unpleasant.
Fortunately for WEEV (and others who have or are contrary to the CAFA), Orin Kerr has stepped up to provide pro bono representation on appeal Auernheimer ( and members EFF). Kerr recently discovered here we head to the Representative Gohmert asshole with the legality of "destroying" a hacker, a message deep discuss their reasons for joining the fray. Basically, it boils down to this: almost everything about the government's decision is wrong, it is problematic whether this decision will serve as a precedent in future cases CFAA.
In government, visiting a URL unauthorized access to the website of AT & T. But I think this is wrong. Basically, the conduct here was a visit to a public website. As the Sixth Circuit noted in Pulte Homes, Inc. v. Workers' International Union of North America, 648 F. 3d 295 (6th Cir., 2011), everyone is allowed to visit a "protected site" that is "open to the public." The fact that AT & T would not want access URL Spitler do not particularly like visiting public website and collect information from unauthorized access criminal. If you make information available to the public in the hope that few people bother to look, not a crime that others can see what they have available to them.
According to Kerr, makes unwanted access
not
equal unauthorized access. URLs are available to the public due to an oversight own AT & T What this really looks like a revenge seeking individual listed company shame. But this is not all on AT & T. Prosecutors had hurt creatively to achieve "adequate" punishment for WEEV of "hack".
unauthorized access is generally a misdemeanor. Why is that a crime? This is remarkable theory of government. 50 states have state laws unauthorized access to the computer crimes law similar to the federal unauthorized access. The theory is that the government is essentially Match all federal crimes federal crimes CFAA. They are based on 18 USC 1030 (C) (2) (B) (ii), which states that unauthorized minor becomes a crime when it is "for a criminal or illegal, in violation of the Constitution., or the laws of the United States or of any State "The government argues that the existence of State Crimes transform unauthorized access crimes offenses of unauthorized access: overlap means unauthorized access federal offense is one federal crime "to support" state crime analog
As Kerr says, this is simply not true double counting is done for no other reason than pay the price of a certain weight. It is an offense in a slap on the wrist, making AT & T hardly happy. This is not the Kerr (or government) first experience with double count related piracy. In 2011, e-mail account of Sarah Palin has been hacked and the Ministry of Justice has attempted to load the pirate under two laws overlap "hacking" and "hack an email account. "This was overturned on appeal by the Fourth Circuit Court, claiming that the intention of the Department of Justice Double Dip action a violation of American principles of res judicata. This is the same thing, but with an overlap locations of federal and state laws that allow prosecutors to raise charges an offense of a crime in the decision.more
these problems, Kerr are also some issues skill involved. Though no major located in New Jersey, were charged in this state.'s raison d'?tre
Some
Address Electronic belonging to residents of New Jersey. Such justification thin paper to lay charges in a more or less gives the purchases related to the appearance rather than the prosecution.
The most ridiculous is the ultimate reason to intervene Kerr: prayer.
Auernheimer more worth about $ 73,000 because of alleged damage to AT & T. Under the provisions of the Guidelines sentencing 18 USC 1030, convictions were based primarily on the amount of the loss caused by the offense. Dollar loss over the victim means more time in prison for the defendant. 
AT & T says it incurred costs of $ 73,000 because of the actions of Auernheimer. But he said without loss of material, has not suffered downtime and no data loss. The income statement is that, thanks to AT & T to notify customers of a data breach.
AT & T says it incurred costs of $ 73,000 because of the actions of Auernheimer. But he said without loss of material, has not suffered downtime and no data loss. The income statement is that, thanks to AT & T to notify customers of a data breach. 
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