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Georgia Sues RC5 User For $415,000

jeroenb writes: "David McOwen posted a message to the Anandtech forums saying the State of Georgia is prosecuting him for using their computers for RC5 while he was configurator of the computers at a school system 2 years ago. Apparantly they want him in jail for 15 years and have him pay almost half a million dollars! According to the State of Georgia, one single Distributed.net client costs 59 cents per second in datatraffic. "

453 comments

  1. Bandwidth? by Anonymous Coward · · Score: 1

    What bandwidth? I've tried it myself, and the amount of time needed for a single packet is not small at all for my Duron 850. It works perfectly with my modem, I don't even see the difference

  2. rumors by Anonymous Coward · · Score: 1

    Of course Slashdot has contacted the State of Georgia, the poster and his attorney for corroboration of this story, right? Slashdot would never stoop to publishing random rumors with high sensation value on the front page without checking things out first.

  3. OverBoard by Anonymous Coward · · Score: 1

    Well I agree he should of asked for permission but The jail time and fees that they are asking for are more if I remember correctly then pirating software or recording rented movies those are i think like $200,000 and 10 years in prison. Helping with rc5 is in no way that bad its not evil. Yes it was wrong but it wasnt bad enough to warrant those charges

  4. State of Georgia Link by Anonymous Coward · · Score: 1
    State of Georgia home page.

    If Georgia's Internet access is so expensive, it's a good thing they didn't get slashdotted...

  5. Re:And the problem is...? by Anonymous Coward · · Score: 1
    And therefore, I'm just certain you never ran one thing other than what was needed for your job. No IRC, no Usenet, no non-job related web surfing, no email home to mom and dad or the girlfriend.

    Oh.

    You did.

    Then SHUT THE FUCK UP, HYPOCRITE!

    ~~~

  6. Top Ten Reasons I don't live in Jawjuh by Anonymous Coward · · Score: 1
    10. I like pronouncing the letter "R"
    9. Atlanta is a hole, let's face it
    8. That guy from "Midnight in the Garden of Good and Evil" writes their tech laws
    7. I never developed a taste for grits
    6. Their new state motto - "We're that state between South Carolina and Florida"
    5. Two words: Billy Beer
    4. In the public schools, they still teach that "we lost the War of Northern Aggression"
    3. Sen. Zell Miller
    2. Running RC5 is a capital offense (like anyone actually cares that you're running an RC5 client, this whole thing is pathetic really)

    And the number 1 reason I don't live in Jawjuh is - net access costs 59 cents a second! What a great way to attract high tech business to your state. Backwards assmonkeys.

  7. Re:And the problem is...? by Anonymous Coward · · Score: 1
    Dont dare called me a hypocrite when you DONT HAVE THE BALLS TO POST UNDER A USER NAME

    When you see attacks like this, it really means the poster making them has surrendered the argument. Better luck next time!

  8. Re:And the problem is...? OT: But.... by Anonymous Coward · · Score: 2

    When drunk drivers who put *lives* at risk don't get that sort of time, much less financial penalty, (especially on a first offense!), this becomes an abuse of the law and of law enforcement.

    My cousin was killed by a drunk driver. Our families were VERY close. He and a friend were riding home on their bikes one night and the got hit from behind. He got dragged over 200 feet, and the driver just kept on going. The friend was knocked clear but suffered numerous injuries. They were following all the laws including reflective clothing and headlamps for the bikes.

    At the sentencing hearing, the defendants lawyer convinced the judge that he would lose his job if he was sentenced to a lengthy prison term. Why this mattered I have no idea. The judge gave this murderer 6 months in the county jail. Nights and weekends only. He got to continue working his job during the daytime. It later came out his employer and the owner of the company he worked for was also his uncle, so there was NO chance he would have lost his job. Six months PART TIME for murder, or vehicular manslaughter if you prefer.

    Kind of puts the potential penalties in this case into perspective, doesn't it?

  9. doesn't cost dick by Anonymous Coward · · Score: 3
    I'd hate it if someone ran dnet or another similar program on my machine without authorization since I don't even run them on my own machines out of concern of overheating my chips for too long. Still, that doesn't justify the extreme penalty they are seeking. I'm not even talking the jail time. I'm just talking financial. If I were this guy, I'd consider fleeing the country if this becomes something major. Go to Canada or Norway or something.

    59 cents per second in data trafic? First, what does a distributed client do for traffic like 5,000 bytes/hour? If you installed on 1000 machines, you're looking at perhaps 5mb/day tops? If it's a state/school institution, they're likely on a T1. So figure they can xfer 5mb in about 30 seconds maybe?

    And realistic cost? A T1 should be about $850/month (commercial cost, perhaps cheaper for educational institution).

    That is:

    +360gb top transfer each month.
    +143kb each second.
    +423mb for one dollar.
    +$0.01 for each 29 seconds.
    So this comes out to 1/59th of the cost they claim. But let's assume it's 59 cents per second. At 5mb per day and 143kb per second, that's 34 seconds and $20/day. Or $7300/year.

    So at the price they claim, 1,000 machines would have to be running dnet for at least 56 years to come out to $415k. Or alternately, he'd have to have been running dnet on 18,000 machines for three years. I find that highly unlikely.

    Now, at the more likely cost basis of 1 cent per second for the T1, and the amount of time/bandwidth he'd have been using, it would actually be more like 1,000 machines running dnet for 3304 years or 18,000 machines running dnet for 1100 years or 1,000,000 machines running it for the last three years.

    1. Re:doesn't cost dick by BluSkreen · · Score: 1

      Try again, greenhorn......

      We've got two T-1s (from AT&T) in Seattle at a cost of US$650 month each.....One from a local ISP on the Verizon cloud outside of Boston for about US$850 month. We've also got local loops from our NOC to the cage in the colo that are around US$200/month.

      "Only a moron would pay more than a grand a month for a DS1....." Particularly these days.

      Dave

  10. Re:Hrmph by mosch · · Score: 2
    No, you don't want an expert witness who will say all that, you want one who will tell the jury "it caused no damages". You want one that will end up proving that "it makes a PIII-350 act like a PIII-349".

    It's the prosecutions job to prove that the operating systems involved are poorly designed, with schedulers that allow idle priority processes to use so much CPU as to be noticeable to the user.

    Even so, almost all computers today are overpowered for 99.9% of the tasks for which they're called upon. A usage study could easily show that a horrid scheduling algorithm that allows idle priority processes to suck CPU would have negligable effect on the users who were using the machine. If the time difference to say... spell-check a document in word, or render a web page, is unmeasurable, or under .1sec, it becomes very difficult to prove damages. Hell, with the right lawyer it might even be possible to prove malicious prosecution and get compensated for this horrible event.

    --

  11. Hrmph by mosch · · Score: 5
    Well, okay, you fucked up, what needs to be done is to kill the insanely high proposed penalties.

    First thing to do, find out how much bandwidth a dnet client uses to crack N keys, and deduce how much bandwidth was actually used. Then you can show what the actual bandwidth cost was, this will be a much smaller number than $400k. Then you need to find out what kind of contract they have to pay for the bandwidth. If it's unmetered, you can probably show that the effective cost of the usage was $0.00, as it certainly didn't use enough bandwidth to require a connection upgrade.

    Secondly, you'll need an expert witness familiar with process scheduling to explain why the dnet client doesn't reduce the computing power of the machines, and thus there was no cost incurred by diminishing the value of the machines for their intended use.

    Lastly, beg, borrow and steal enough money to pay for a truly talented lawyer. Hopefully with some luck, the prosecutor on this case will be making coffee for the rest of his life.

    --

    1. Re:Hrmph by stilwebm · · Score: 2

      Secondly, you'll need an expert witness familiar with process scheduling to explain why the dnet client doesn't reduce the computing power of the machines, and thus there was no cost incurred by diminishing the value of the machines for their intended use.

      An expert witness is going to be cross examined. This computer lab was most likely Windows 9x or NT, so the scheduler will likely allow the dnet client to consume approximately 50% of the CPU while other non-kernel tasks use as much CPU as they can. Even with the priority set low, with any scheduler, you have overhead since the dnet client is using memory bandwidth, cache, and increasing the time of scheduling. Context switches further decrease efficiency since there is one more set of context switches necessary to tend to the dnet client. Even with the most nice setting (or whatever NT calls it, I forget) there is some slowdown, even with a nearly perfect scheduler due to cache misses/page faults and context switches. So while it can be argued that there was minimal disruption, the dnet client did detract from the responsiveness of the machines, and therefor their value. The defense will have to show that this detraction was no where near enough to warrant a felony. The jury is in for a long ride trying to understand all of this.

    2. Re:Hrmph by stilwebm · · Score: 2

      You are correct that machines are overpowered and a 0.01 second increase in the 0.1 second spellcheck is negligable to the user. The defense needs to push hard to prove that the prosecution is wrong by asserting that this caused damages. It is likely they will point out that it made the 350MHz PII like a 333MHz PII and the damages should be relative to the price difference. As for the networking, he may be screwed with those charges and forced to settle once they throw out or significantly reduce the charges of damages for cpu consumption.

  12. So what really defines permission? by Kip · · Score: 1

    Let's say that I'm the CIO of a medium sized .com, can I give myself permission, or do I have to go to the CEO and possibly even the board of directors? Do they need to get permission from the stockholders?

    Let's say that I'm the #2 man at a public library and my main responsibility is the IT department. Do I need to ask the #1 man at the library, or do I need to go to the library board or the taxpayers?

    It's beginning to look like there is no way to be truly safe unless you run these clients on your own personal computers at home. :(

    1. Re:So what really defines permission? by Zico · · Score: 1

      Hell, if the mods have any sense, they'll run you up to "+5, actually has a clue." Your bit about people here showing their mental ages couldn't have been more true. It's more than obvious that they're just used to being told what to do throughout their lives, rather than having any ounce of their own authority. Otherwise they'd figure out real damn quick why you don't want the grunts installing just any damn thing they want on computers that don't even belong to them.


      Cheers,

    2. Re:So what really defines permission? by tweek · · Score: 2
      It's beginning to look like there is no way to be truly safe unless you run these clients on your own personal computers at home. :(

      Why in the fuck is this a bad thing? For chrissakes people, you are paid to do a fucking job, NOT run dnet clients on every possible fucking machine you've been given charge over.

      What really pisses me off is that most of the posts here are from people bitching and whining that it doesn't really do any harm to the machines. Sure it eats up a bit of proc even at the nicest level. Sure it takes bandwidth to download new keys but not that much. YOU'RE MISSING THE FUCKING POINT. THEY WEREN'T HIS MACHINES. HE WASN'T PAID TO RUN dnet clients ON THEM.

      The sad part about this whole thing is that many of the /. crowd are showing how old they really are. Grow the fuck up and just do your job.

      I know I'll get modded down but not for any justifiable reason. Mostly cause I hurt the feelings of some 13 yr old kids trapped in 35 yr old bodies who never learned the difference between work and personal life.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  13. Re:Text of post, comments by Klaruz · · Score: 2

    It looks like the lawyer and the law firm exist according to anywho.com

    For the goatse scared, here are the links..

    A reverse search on the phone number 770-564-1600:

    http://www.anywho.com/qry/wp_rl?npa=770&telephon e= 564-1600&btnsubmit.x=42&btnsubmit.y=6

    A search for Joyner, David Atty:

    http://www.anywho.com/qry/wp_fap?lastname=Joyner &f irstname=David+Atty&street=&city=&state=GA&zip=&bt nsubmit.x=36&btnsubmit.y=10

    Make sure you delete the spaces slashdot puts in...

  14. Re:And the problem is...? by Danse · · Score: 2

    For a nonviolent crime from which the perpetrator did not gain financially, yes.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  15. Re:Reduced lifetime? by pod · · Score: 1
    Unless you put your machine to sleep or are using a transmeta, mobile pentium, or some other chip and OS that supports lowering the CPU's clock rate while idle (i.e no procceses need CPU time), your CPU stays on at full power running an idle thread waiting for your OS to give it something to do. In this case, there is little to no power savings having your machine sit idling compared to having it do heavy number crunching.

    That's not true and you know it. Any modern OS will send NOPs when there is nothing to do instead of a wait loop. RC5 is not just computation either; it's not nearly comparable to a NOP which does nothing (like you'd expect). A real instruction uses many times the circuitry that a NOP does, and most importantly, it uses the bus and RAM and cache (pretty heavilly). A machine is not idling when it's running RC5, it of course appears responsive, but nevertheless, do not be fooled, that load of 1 is not waiting for I/O, it heavy duty CPU work.

    Ever stop and wonder why your 3D card gets so hot (even shuts down if not properly cooled) after a few minutes of Quake, while happily running for hours showing spreadsheets? Same principle. More circuitry involved, more heat, more power drawn, shorter life.

    --

    --
    "Hot lesbian witches! It's fucking genius!"
  16. Lawyer: no, that's backwards by hawk · · Score: 2
    I am a lawyer, but this is not legal advice. If you need legal advice, contact an attorney licensed in your jurisdiction.


    That's backwards. Try tracking down his terms of employment and seeing if there's anything allowing personal use of corporate assets. This could be a written manual (highly unlikely), or custom (possible, perhaps likely in many environments). At that point, he would e seafe. Without it, his position is at best awkward, and he very likely was stealing.


    hawk, esq.

  17. no, that's utter nonsense by hawk · · Score: 2
    That's not how it works.


    When you are charged with a crime, you are charged with the crime, not the crime and a proposed penalty. You can look in the statutes, judicial manuals, or common law for the maximium penalty (probably the first iin this case).
    Also, in some jurisdictions, the defendant is advised of the maximum penalty at arraignment.


    Generally, it wouldn't even be *possible* to charge him with this without the 15 year maximum being out there . . .


    hawk

  18. ask for the computers to be held in evidence by wayne · · Score: 1
    Along a similar line of thought, ask that the computers be held in evidence. You will need to know the exact configuration of the computers in order to show whether the idle loop would really run, or if the computers will consume small amounts of additional energy. Any use of these computers could easily destroy the evidence of this massive crime.

    --

    --
    SPF support for most open source mail servers can be found at libspf2.
  19. Re:Simple Solution by Sabalon · · Score: 1

    NOOOOOOOOOOO!!!!!!!!!!

    I work for the State of Ga. I don't want to have to install an illegal copy of photoshop to print up some fake licenses for all my machines running Linux just to satisfy to bean-counter.

  20. State of Ga and cel phones by Sabalon · · Score: 2

    I work for the State. The three of us that support the network and servers had cel phones, paid for by the state - $45 a month for 450minutes. Never once did any of us go over that. We even had a cool app we wrote where we could dial in and press 1 to do this sorta thing.

    Some state idiot was using his cel phone a LOT for personal calls, and the local paper (Atlanta Urinal and Constipation...er Journal and Constitution) ran an article on it - typical "Your Tax Dollars at work" sorta shit.

    Well, before long, if you were not the head of an institution/organization, no cel phone. We now have palm pilots with the wireless internet service...a decent, but not as good substitute.

    HOWEVER, as I mentioned, even with a "Do we need milk?" call once in a while, there was $0.00 cost to the state. I guess part of their justification was "perhaps the employee didn't need one for their job function".

    Okay, well, I had a second phone line to my house to dial into work and do stuff from home...never seen any reimbursement for that, nor for the power I use at my house while working on something remotely.

    Though, I can get my own personal cel phone and have the state reimburse me for any minutes used for work. 450 minutes for $45, works out to .10 a minute, even though I'd probably stay under my usage. And due to the paperwork involved, I just wouldn't answer any work calls on it.

    So, all in all, the state now has an unhappy employee who is less productive. All because of one poorly-written one sided article in the paper.

  21. Re:Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 2

    > Reprimanded, shreprimanded. It should achieve their own felony prosecution.

    I'd be more than happy with a simple reprimand. It's a matter of fairness after all -- we think the charges against Mr. McOwen are excessive; it would behoove us not to levy similar charges against the prosecuter's office.

    In both circumstances, there are quite a few others who are much more deserving of investigation.

    --Dan

  22. A Parable by Effugas · · Score: 2

    Consider this example:

    You hire me to pick stocks. I pick bad stocks -- you fire me.

    I didn't steal from you.
    I didn't intentionally seek to defraud your company.
    I didn't hide the stocks I purchased.
    I was more aggressive than normal, but not unusually so.

    I simply bought the wrong stocks, and got canned for it.

    Should I go to prison for losing you money?

    Now imagine I didn't actually even lose you anything -- you were merely concerned that at some point in the future, the stocks I picked might possibly expose the company negatively.

    Should I have even been fired?

    Possibly--but possibly not. If it's not even obvious if I should be fired, how could it be obvious that I should be imprisoned?

    Something to think about.

    Yours Truly,

    Dan Kaminsky, CISSP

    1. Re:A Parable by harveyjc · · Score: 1

      Dan - good point but thats a bit different to system admin and network integrity

      However i would clarify that i dont believe he deserves Jail for this - he lost his job and thats a bad enough punishment as it isnt that hard for prospective employers to figure out. Maybe if the software caused damage then their should be a charge for that - that would be between him and his former employer.

      My comment was aimed at the 'he can do whatever he wants' types - he cant.

      --
      "Sanity is an illusion of the diseased mind"
  23. Re:Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 2


    The trouble is that he was not mandated to do it, and it is not obvious that he had the leeway to do it. This gives him no ass-covering material. There's no piece of paper that unambiguously says he was permitted to do what he did. He can only argue about vague general principles.


    I actually think the "vague general principals" are surprisingly supportive of the RC5 client, as I laid out in my second point. Here's a document that explicitly states what he can and cannot do, and he quite oddly follows it well.

    I mean, seriously. There's alot of mileage to be gotten out of the fact that this document:

    1) Says sysadmins are effectively autonomous
    2) Lays out restrictions that are almost entirely followed to the letter(including WRT CPU usage).

    Sigwinch, read the supporting documentation I provided earlier. Those are their policies. His actions are not even clearly a violation of them!

    Never take a risky action in a corporation without considering how it will sound in front of a Federal jury or Congressional committee. "So, Mr. McOwen, are you're telling us that you were converting these computers to your own use to win a $1000 prize?"

    http://www.theonion.com/onion3723/nobel_fever.ht ml
    :-)

    Seriously though, the Nobel Prize is a much richer purse than RC5 will ever have; you don't see people being hauled off to jail for discovering the top quark!

    To a jury of bums, rednecks, and career Taco Bell cooks, that $1000 prize will be damning. Ditto for newspapers and blood-n-depravity TV news shows.

    Americans love two things:

    1) Seeing criminals shot down by the public.
    2) Seeing Goliath shot down by David.

    The problem with McOwen is that it transcends the criminal-citizen barrier: Quite a few of us could imagine doing something unique and productive at work that some bureaucrat might not agree with. This self-identification means that the criminal prosecution becomes a personal threat that we'll pay (through advertising dollars) to watch allieviated.

    "Piss your boss off, go to jail." The hacker/citizen barrier is *nothing* against this.

    So? The humorless gentlemen in the dark polished cars, wearing nice suits and ray ban sunglasses don't give a flying fuck that the situation is bad. All they care about is the documentary evidence that *you* made it measureably worse.

    Consider the opposite situation--suppose McOwen was in a tightly controlled secure environment, with all software change controlled and all decisions made through three levels of bureaucracy. Clearly McOwen would be much worse off -- not only would he be obviously and knowingly violating the decision making policies of his organization, but he'd be doing so in a manner in stark contrast to standard operating procedure.

    He'd be screwed.

    But that's not how it went. There was no strong top down organizational structure; it was all UGA could do to keep their sysadmins from maliciously harassing users! There was no "line in the sand" that McOwen crossed; his job was to maximizing the value of university computing resources and he did so. If he added minutely to system insecurity, the fact that he was hired to do things in an insecure manner(telnet blah) is at least a strongly mitigating factor.

    Security is a process, as Bruce says. With little process in place, there was little for him to violate.

    You do if you're a career state-employed academic bureaucrat. Any one of 'career', 'state-employed', 'academic', or 'bureaucrat' would be bad news. Put them all together and it's a deadly situation. The person carrying out this campaign against McOwen is certainly clueless, likely vindictive, likely monomaniacal, and *committed*. Once a person like that starts a campaign, they'll push it as far as possible. They won't know when to give up.

    Couldn't have said it better myself--this is where my reluctance to entirely blame the prosecuter's office comes from.

    It would arguably have been better to continue with 40-bit DES, and let the electronic pearl harbor force Congress to clean house at the NSA.

    An interesting historical what-if. An electronic Pearl Harbor would plant a pernicious seed of doubt in the validity of all electronic records though, significantly destabilizing our entire system of indentured servitude / credit card debt. Given the personal profitability of being able to legitimately challenge the veracity of your entire debt history, I'm unconvinced any quality of crypto would ever be able to save an economy thrown into a tailspin by an EPH.

    "Cracking DES" had the best possible effect, I think: It destroyed political opposition while leaving public trust unsullied.

    Offtopic, but... WEP is an impressive accomplishment. They actually managed to design a cryptosystem that has cipher- and key-exchange-independent insecurity (the 24-bit initialization vector).

    My favorite independent vulnerability right now involved keystroke password analysis in SSH1. Effectively, you monitor the timing variations between characters in a user's password as they're sent on the network and use hidden markov chains to determine the most likely keys that are being entered. It turns out that we take longer to transition between certain keys than certain other keys, and this transition distance can be indepedently analyzed.

    If they really did just make up this numbers, the case could blow up in their faces.

    Well, I made up the numbers WRT $200,000/yearly for a single T1--the difference is I was showing ballpark figures, whereas they're seeking felony conviction.

    Big difference :-)

    During the day, the truck is *HIS*. He can pick his own routes, make a detour for a customer who is in a huge hurry, bend the traffic regulations, and generally do whatever it takes to get the job done. He job is a big one, and he therefore has a lot of leeway to make autonomous decisions. Suppose he wants to take the truck home at the end of the day to move a sofa. If he takes 10 seconds to get the boss's permission, taking the truck is perfectly OK.

    Bad example--the equivalent circumstance is McOwen physically transporting the servers to his home to run some work for him there. You can't get around that -- you mention grand theft later; the reason it's grand theft is because the trucks were supposed to be there but instead disappeared!

    It's not arguable that the movement of the sofa is at all within the mission of the trucking company; however it is extremely arguable that academic research and collaborative mathematical analysis is directly within the mission of a university. It does not matter if you would have made the same choice; you merely need to accept that it was a reasonable conclusion to reach for this to be an issue of internal policy disagreement and nothing more.

    If it's your job to use them that way, you just do it. However, if there is a person who could say no, and you don't ask, you have done something wrong.

    I'm reminded of the history of the HP Deskjet; which was fought tooth and nail by the laser printer heirarchy at HP. :-)

    There's *always* a person who could say no to something. The question is whether the general consensus is that something is not to be done -- no human organization can operate unanimously; it creates too many absolutes of power. Mr. McOwen may have known some might have disagreed with his use of the software, but there's always someone who disagrees. The question is: Who else knew of his actions, who else approved, and how does legitimate access to company hardware turn into the equivalent of a foreign hacker maliciously breaking in and subverting computer resources?

    In a criminal case it is not necessary to prove substantial monetary damages, it is merely necessary to prove that the person did something they had not been given permission to do.

    "Did you have passwords to these machines?"
    "Yes."
    "Did you steal them?"
    "No."
    "Who gave them to you?"
    "My employer."
    "To do what with?"
    "Configure the machines."
    "How so?"
    "In a manner that maximized their usefulness."
    "Any specifics?"
    "Just what's in the guide."
    "Did you violate the restrictions in the guide?"
    "No."

    If you allow fear to govern your actions, you are letting the enemy dictate your actions.

    At the point of criminal prosecution, your hope for a peaceful ending (unless you wish to plea) is over.

    It's funny, but I am also being serious. The Internet search engines are already starting to correlate information with specific people.

    Thus why I've told a couple girls to never do porn. We're only a scant few years away from large scale eigenvector based face searches through large image databases, and the code is almost certainly going be trained against porn--there's no larger source of stock human photography!

    The prosecutor is actually a good point of approach, if you can get him in touch with a clueful expert.

    A guy can hope :-)

    Anyway, I understand what you're saying

    Ditto.

    I just think it's McOwen's fault for not establishing a paper trail showing permission.

    My hope is that McOwen saved a few emails from coworkers higher than him expressing approval for the project...

    "The Young Male Sysadmin's Guide To Not Going To Prison"

    I feel like I'm looking at the title of one of those "World's Thinnest Books". Of course, considering the state of the economy, a chapter on how to successfully steal bread so you don't starve to death might be useful...

    --Dan

  24. Re:Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 2


    Security is having confidence that every bit on the hardware comes from a known, approved source. You lose that when you install an untrusted program, and the only way to regain it is to delete everything and start from scratch.


    Except he isn't accused of attempting to backdoor the systems. He isn't accused of attempting to hack them at all.

    He's accused of running undesired software.

    That's a major difference. This isn't a situation where an untrusted user got trusted access. This isn't even realistically a case where a trusted user gave untrusted users access(in the sense of others being able to do anything they wanted using the computational power of the university). A trusted user did something that others disapproved of. As long as there's no belief that he hacked the machines as well as used them for undesired tasks, simply killing the tasks is sufficient.

    He wasn't even running a password cracker.

    A better analogy would be if you hired a mechanic to change the oil in your street-legal drag racing car with a $30,000 racing engine, telling him to only use Mobil synthetic oil, and he used olive oil instead.

    Yes, the moment I see an exact catalog of specifically what McOwen was supposed to install, and in what order, I will agree that he had no discretion to install any more or any less.

    I do not expect such a list to be forthcoming.

    OTOH, if you installed S@H on a live banking server 'just because', they'd beat you to death with CAT5, even if you have admin privileges.

    Again, university environment, not big multibillion dollar conglomerate with a stock price to keep up. Downtime is not disaster for *any* system in most universities.

    By contrast, more than a few companies have hot spare buildings. You heard that right: If, one day, the office should cease to exist, everyone may go to another.

    --Dan

  25. Re:Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 2

    False analogy. A good analogy would be if I hired you to clean the dog shit off my yard, and you instead dumped a truckload of dog shit on it. If you did that, you'd pay and pay and pay.

    He was hired to install software. He didn't remove vast chunks of software, which would be the analogous argument. He also didn't attack the security of the systems he was using("removing the lock from the door") or attempt to view other people's information("pulled the mail from the mailbox") He did too much -- he installed extra code that wasn't actually desired.

    A better example is that he was hired to clean up the dog shit, and he decided to clean up the cat shit too.

    He did extra work within the constraints of his legitimate access and his job. It's that simple.

    Not for security it doesn't. Security is a matter of knowing where every program on the machine came from, and knowing that no uncertified programs have even been run on the machine. It is solely a matter of trust, a matter of having a known chain of control. That trust is easy to throw away and expensive to regain.

    The trust never existed.

    Let me repeat that, with emphasis:

    The trust that you describe, with full chain of evidence and absolute knowledge as to the source of every last byte on every last system, did not exist in this environment.

    You cannot accuse somebody of losing for you what you didn't actually have!

    The fact that not only did he not lose this trust, but he isn't even being accused of attempting to gain more trust than he was legitimately entitled to(via *actual* hacking) does alot to make me extraordinarily annoyed with this case.

    I've seen at least one rumor that these were lab machines. Security begins with the physical, and with the vast number of people using these machines, it's literally impossible for them to have been considered anywhere even remotely within the same galactic vicinity as a "trusted base".

    Yours Truly,

    Dan Kaminsky, CISSP

  26. Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 5

    I am not a lawyer. I may once have thought to become one, but I have since been a technologist and a cryptographer. But I do not appreciate what Mr. McOwen is being accused of, and here are my thoughts on the matter:

    ====

    To state that this case deserves to get thrown out of court -- with the prosecuting attorneys being reprimanded for falsifying financial figures to achieve a felony prosecution -- is not only a reasonable statement, it's possibly an obvious one. I have five arguments from which I draw these conclusions:

    First, Mr. McOwen's terms of employment were easily open ended enough to consider this a valid use of network resources.
    Second, University policy clearly granted Mr. McOwen permission to administer the machines as he saw fit, as long as he did so "fairly and in accordance with University policy."
    Third, Mr. McOwen was acting in due diligence against billions of dollars in yearly national liability from a weak computer security environment.
    Fourth, the Prosecution's numbers cannot be justified in any way, shape, or form.
    Fifth, the very prosecution of this case creates a grave chilling effect against the ability for computer administrators to successfully maintain the systems they are charged with.

    1) The exact job specifications of Mr. McOwen's employment were not and literally could not be set in stone; his basic task was to administer the systems according to the precepts of the site they were deployed. In this case, the site was an educational institution. Educational institutions, as opposed to even corporate workplaces, exist as nodes of "basic research" and "collaborative and non-profit volunteerism". Surely, it is not inconcievable that given the extraordinarily high degree of public works that universities are known for, that he might have come to the reasonable conclusion that installation of software that contributed to a public good (the global improvement of cryptographic quality) would be a fair extension of the mission of the university.

    2) The University of Georgia's computer security policies, available at http://www.uga.edu/compsec/summary.html , clearly give Mr. McOwen wide latitude to administer systems however he saw fit. It states, "Those who administer computers and network facilities shall perform their duties fairly, in accordance with University policies." As this is the primary document describing University policies with respect to computer security, it stands by itself as a sufficient source of guidance for Mr. McOwen. Users are admonished that they "...shall take full responsibility for messages that they transmit through the University's computers and network facilities"; such responsibility refers specifically to "fraud, harassment, obscenity, and the like." Surely the analysis of simple numbers does not rise to the level of obscenity! There are admonitions against Trojan Horses and computer virii, yet both tools exist to procure access where none existed before--Mr. McOwen was granted his access legitimately. Indeed, the university specifically defines Trojan Horses in a detailed guide available at available at http://www.uga.edu/compsec/use.html : "A Trojan horse is a program with a hidden, destructive function, or a program designed to trick users into revealing confidential information such as passwords." There was nothing hidden about the RC5 code, and as for destructiveness, few would argue it is destructive to a computer to ask it to compute! Though there is a mention against "cracking", it is specifically in reference to the cracking of computers--Mr. McOwen was analyzing a code specifically authorized and designed to be analyzed. Even if he had been running a genuine system cracking utility, the detailed rules specifically authorize system administrators to do so. Mr. McOwen even actively complied with the requirement to give higher priority to users with more important work by running software that immediately yielded resources requested to any other software that requested them. Given the degree to which Mr. McOwen explicitly complied with university regulations, it is difficult to see the validity of this case.

    3) Statistics have shown a multi billion dollar a year loss to the country from insufficient encryption and computer security systems. Such damage is often either concentrated or traced from machines with inadequate network security. University machines, almost always under-administered and very often forced to be publically accessable due to the academic requirements of students (one could not expect a place of higher learning to be as firewalled as the FBI!), often either directly experience financial damage or indirectly contribute to theoretical litigation expenses from being used as "jumping off points" for larger attacks. By contributing to the global awareness of the dangers of insufficient security, David expressed a degree of "due diligence" towards solving a problem the university was contributing to. Such due diligence constitutes a legitimate usage of system resources as a mitigating factor in any future litigation, much as active and genuine safety research mitigates against gross negligence in product liability circumstances.

    4) No actual damage can be substantiated by the prosecution. The RC5 software, far from being heavy on network traffic, is a class of code known as "embarassingly parallelizable". In other words, the system consumes extraordinarily little network traffic for the amount of processing it does. Such processing is often done on systems with only intermittent modem connectivity; the university posessed a network connection several hundred times faster with permanent connectivity. It is beyond even the pale of conception that any communication from the RC5 system did, could have, or might have been predicted to cause any form of lesser service to any other network service. Indeed:

    Suppose the school spent $200,000 on their internet connection yearly, for a single T1 interface capable of transfering one million, five hundred and fifty four thousand bits per second. Suppose the "damage" lasted over two years. This would place an upper cap of damages still at but $400K, and this would be presuming that the attack consumed the entire sum total of network resources. No such claim is being made. Lets assume that each transmission consisted of sixteen thousand bits every two days, and there were a hundred machines participating. These remain ballpark figures, but they're useful for illustrating the utter lack of direct damage. Over two years, those one hundred machines would exchange 584,000,000 bits.

    This seems significant, until one realizes that the network as described posessed capacity to carry approximately 97,130,880,000,000 bits. The RC5 system, as it were, used up all of 0.0006% of the network capacity.

    0.0006% of $400,000, incidentally, comes out to about $2.40.

    5) Prosecution of Mr. McOwen would have a drastic chilling effect on the ability of computer administrators to do their work. When something as trivial as a pocket change's worth of network bandwidth can lead to felony prosecution, it becomes too risky to do much of anything. Mr. McOwen's judgement on the matter was trusted, and even if--in retrospect--management would have made separate selections, it's a questionable matter whether he could have fairly predicted that. His actions were questionable even as a offense worthy of termination, given the wide berth that system administrators require to be effective and the vast freedoms inherent in the academic environment. They'd be laughed out of any civil court in the country, and the fact that they've reached criminal court--at the felony level, which would deprive Mr. McOwen of his freedom, his voting rights, and even his ability to simply procure employment--is a grave insult.

    This case should be thrown out of court, and the defendant's legal fees covered in full. Nobody should be allowed to abuse the power of the court in this manner.

    Yours Truly,

    Dan Kaminsky
    Certified Information Systems Security Professional

  27. Re:Burden of Proof: Show He *Wasn't* Authorized. by Effugas · · Score: 5

    For the support of the organization, not for his own personal amusement, and most assuredly *not* for an effort to win him a prize.

    It is my contention that his personal goals and the mission of his company were not in conflict, and furthermore the odds of him actually winning the prize, remote enough(even with whatever rank he managed to achieve), the prize small enough, and the actual distribution of that profit distributed enough that for all intents and purposes the value of that prize goes to zero.

    In terms of the prize itself, his probabilistic share probably didn't add up to the price of a can of Mountain Dew. That's a Red Herring and you know it.

    That a university is publicly oriented does not give its employees license to do whatever they think is in the public interest. A university is a corporation, just like any other, and the use of its resources must be approved by management.

    First of all, you're wrong. A university is not a standard corporation any more than a political party is, particularly not a university established as a branch of the government! The explicitly avowed dedication to academic freedom means a hell of alot.

    Second, I haven't seen a single shred of evidence to state that he himself didn't have the discretionary authority to decide to run this software. Administrators were exhorted to behave in a manner compatible with the values of the university; as I noted, the RC5 system was extraordinarily compatible with the values as they were laid down, down to relinquishing CPU upon request.

    In fact, if one examines the documents linked in the previous post in depth, one finds an extraordinary amount of power given to system administrators -- so much, in fact, that "management" sees the need to specifically warn administrators not to be overly or overtly malicious towards students. This seems to me an implication that sysadmins had an extraordinary amount of autonomy over the systems they deployed.

    Whether or not you feel this is a good thing for management or even a professional thing for Mr. McOwen, the implication that the systems were under his discretionary control is quite clearly there.

    He wasn't a consultant, sigwinch. He was one of the operators.

    Incidentally -- these machines were going for some time, with no complaints being rendered for quite some time. This means a couple things:

    1) Other admins who noticed either approved, yielded to McOwen's discretionary authority, or were able to remove it themselves. Any way you slice it, the time he was granted helps, not hurts his position. (By contrast, a genuine attack usually *hurts* a network, causing reasonably quick corrections.)

    2) Management either approved, or itself issued little low-level discretionary authority. In other words, management ordered the sysadmins to keep things running. If the sysadmins extracted more value from the sunk costs, and it was (reasonably) within the mission of the university -- so be it.

    Unreviewed, untested, warranty-less binaries that engage in continuous communication with remote servers are a serious security threat, as well as a threat to the integrity of the machines.

    Yeah, welcome to Winamp, Windows Media Player, RealPlayer, Yahoo Messenger, and Windows itself.

    Give be a break. The majority of university networks are so riddled with out of date daemons and unfirewalled ports it's ludicrous to suggest a single daemon with no known polling vulnerabilities is going to outweigh it. (By contrast, simply spoofing Winamp's update page is enough to destroy it.)

    And what the fuck does that have to do with this discussion? The question is whether he had permission, not whether he would have had a good justification if he had asked for permission.

    The question is if he had to ask. My point is that the burden is on the university to show he actually did need to ask, because he was clearly acting within the bounds laid out in the rules the school made public in a position that demands a large amount of autonomy.

    Remember, that you would have made a different choice is irrelevant; the question is whether he had the right to make such a choice. In my mind, the fact that so much time passed between his use of university resources and his eventual shutdown means that quite a few people knew of this incident and one person elected to express discretionary priveledge and can him. That's fine--it happens--but you don't send someone to jail for it.

    And even if that was our discussion, brute-force cracking RC5 is a stunt. It doesn't do a damn thing for security.

    Silly. You have no idea how much Cracking DES did, do you? Do you have any idea how significant the EFF's DES Cracking book was in making sure AES happened, and in forcing 3DES to be the standard of the day?

    Do you understand how recent it was that the federal government was saying it would take a foreign government inordinate and unrealistic amounts of time and money to crack even one DES key?

    Do you realize how many algorithms, *today*, still depend on 40 bit RC4? Most SSL sites -- that travesty that is 802.11 WEP -- the garbage is everywhere.

    Are you an idiot? Do you know nothing about computers?

    Ask this again two weeks from now.

    Diligent recovery from this compromise would involve...

    a lot of things that didn't happen. At all. Even in the slightest.

    You can't charge for damages that didn't occur. It's like filing a suit for your own wrongful death because somebody coughed next to you and they might have had TB--first of all, you ain't dead, second of all, they didn't have it!

    Competent professionals help the client accomplish their mission. If they have ideas for new mission objectives, or even for cool charitable projects that don't really accomplish much, they discuss it with the boss. They *don't* run off and reconfigure hundreds of pieces of high tech equipment for their own whimsy.

    I claim this did help with the mission, and that it was reasonable for McOwen to believe this was within his assigned powers. If his interpretation was at odds with that of the administration, perhaps he deserved to lose his job -- but this doesn't even pass the giggle test for felony hacking. They were HIS BOXES. He had a legitimate accounts, probably even root accounts and did things that were *arguably* legitimate.

    Sysadmins *never* have the right to turn hundreds of the institution's machines into zombies for their own pet projects.

    Oddly enough, who do you go to if you have a project that could really use a few hundred machines? You go to management, they look at you funny and tell you to go to the guru to decide whether or not to do it.

    In most places with vast amounts of computing resources, there's usually a sysadmin at the top of the pile choosing what goes where--and if there's nobody on top of everything, like there aren't at most understaffed universities, everyone who has legitimate acccess is expected to legitimately use it--however they see fit, as long as they follow the rules.

    Hardly. It's vandalism, plain and simple. The alterations he performed obviously had no relevance to the organization's mission, they had a potential serious deleterious impact on the mission, and he deliberately chose not to ask permission when doing so would have required little time or effort.

    I provided extensive documentation showing the compatibility of this project to the university mission. I don't need to show it's absolutely correct -- merely that it's plausible.

    Whatever deleterious effect you mention *didn't happen*, and as far as I can tell hasn't *ever* happened. Complete lack of precedent for a deleterious effect has an effect in a courtroom, you know.

    The law is the least of his problems. Not only did he recklessly fuck over hundreds of his client's machines, he whined about the client's consternation on the Internet.

    If the prospect of a decade of prison rape wouldn't make you run screaming like a horror movie prom queen into whatever abandoned warehouse of an online forum you could find -- you're a stronger man than I.

    For the rest of his life, any time a prospective employer does a web search on him this story will show up in all its tawdry glory.

    Oh, this is much better than a felony conviction. It don't say, "Have you ever been mentioned on Slashdot" on the employment forms, you know :-)

    I propose a new phrase for the Internet lexicon: "Pulling a David McOwen". It will be the Darwin Award of Career Limiting Moves.

    Heh. Doctors play God, admins play BOFH. Both make mistakes, but the latter almost never kills anyone. Strip root, maybe. Strip down, though? For "hacking" his own machines?

    He ran rc5, not rm -rf. He used computers to compute, not to destroy. He yielded processor when needed, rather than hog it to the exclusion of all others.

    Felony hacking my ass, and *everybody* knows it.

    I do feel for the prosecutor, though. I don't think he realizes how badly he's being used.

    --Dan
    www.doxpara.com

  28. distributed.net's position by Nugget94M · · Score: 5
    distributed.net can confirm that at least some part of what's being reported is accurate. We were subpoenaed for information relating to Mr. McOwen's participation in the RC5-64 project and supplied that information as requested. We also spoke at length with representatives of the prosecution to make sure they understood the actual impact of the dnetc software on the machines and networks in question.

    However, part of the subpoena restricts us from commenting on the details of pending litigation. Especially since we do not know the details or circumstances of the alleged activity, we do not want to do anything which would endanger either party's position in this case. We trust that the community understands our position in this matter.

    In the more general sense, not commenting at all on the specifics of this case, it is never a good idea to run the distributed.net client software on computers you don't own or administrate. In the four years or so that we've been in operation we've been dragged in to a handful of situations where people have lost their jobs, positions, and scholarships by thinking that forgiveness would be easier to obtain than permission. Nobody, especially distributed.net, wants to see this happen.

    It's important to keep in mind that the literal resource consumption of the client (which is as close to "zero" as can be) is often not the only factor important to a business. The existence of prize money with the RC5-64 project is discomforting to many organizations. One tactic which has proven to be very effective is to provide an affidavit that you will donate any winnings to a charity if a client you installed on a company or university machine finds the winning key. In many cases, this has been key to a participant receiving permission to run the client on non-owned resources.

    Another frequent stumbling block is with service and support contracts which prohibit non-certified software running on workstations or servers. Your university or employer may risk losing support on their equipment if software is installed that hasn't been explicitly mentioned in the support agreements.

    The bottom line is, always get permission first. It might not be as difficult to get permission as you think. And if you can't get permission, don't install the client.

    We hope for a speedy and just resolution to this case, whatever that outcome should be, and that we never have to be involved in another one.

    1. Re:distributed.net's position by alkali · · Score: 1
      A gag order is pretty common in court proceedings, it keeps the trial in the legal courts rather than in the court of public opinion.

      I don't think gag orders on nonparty witnesses are at all common in the US. (Consider the O.J. trial, for instance, where witnesses were regularly popping up on television.)

    2. Re:distributed.net's position by lizrd · · Score: 2
      the prosecution is required to reveal all evidence gathered

      The prosecution is required to reveal all evidence gathered to the defendant. They are not required to reveal the evidence to any third party. Typically this evidence will later be revealed in the courtroom and in the records of the court, but this does not occur until after the trial. Both prosecuters and defense lawyers tend to like to keep things on the down-low to keep jury prejudice and such from tainting the proceedings. It's to the advantage of all involved to keep everything quiet until it can be presented within the strict rules of the courtroom rather than being presented in the sensationalist manner of the press.

      thus why would they have any ability to prevent those being supoenaed to not discuss the subpoenaed information

      They have this ability because someone asked the judge who issued the subpoena for it. A gag order is pretty common in court proceedings, it keeps the trial in the legal courts rather than in the court of public opinion. Voilation of such an order is contempt of court. You don't want to be caught in that situation.

      ________________________

      --
      I don't want free as in beer. I just want free beer.
    3. Re:distributed.net's position by Chagrin · · Score: 1
      • However, part of the subpoena restricts us from commenting on the details of pending litigation.
      I never realized it was possible to "subpoena" someone to not talk about a case. Not only does it seem to infringe on your right of speech, but the prosecution is required to reveal all evidence gathered (thus why would they have any ability to prevent those being supoenaed to not discuss the subpoenaed information)?
      --

      I/O Error G-17: Aborting Installation

    4. Re:distributed.net's position by haruharaharu · · Score: 1

      I do like how you put "entertainment industry" in quotes; they're not very entertaining. Not nearly as much as your frothing self.

      --
      Reboot macht Frei.
  29. Re:Reduced lifetime? by stripes · · Score: 2
    your CPU stays on at full power running an idle thread waiting for your OS to give it something to do.

    Depends on the OS. Most modernish OSes on a single processor execute a HALT rather then spin in an idle loop. Not as many do that on multiple CPUs because getting the wakeup code right is harder.

    CPUs in the halt state generally use less power, and generate less heat. It may wear the CPU out a bit slower too. A box with a thermal controlled fan will use less cooling power, and in the summer less AC will be used.

    Those effects should be pretty small though. The heat generated by a CPU may be the same as two office lights, and a halted CPU won't put off no heat, just a bit less. Similar for the power used. So as far as heat and power goes it would be like suing a janitor for a half mil for leaving the lights on in a bunch of offices (for a few years).

    Beats me on bandwidth, but I expect that is pretty low too.

    Even if damages are called for these seem totally out of line. As far as damages go, I figure this would be the kind of thing worth a stern warning, or maybe a firing, but not a lawsuit. Apparently I'm not the Stare of Georgia.

  30. Re:Reduced lifetime? by stripes · · Score: 2
    Windows 9x and previous versions don't qualify as a Modern OSes

    Because they suck in general, or because they don't halt rather then having an idle loop (plus sucking in general as an OS)?

  31. Not a "bandwidth-sucking app" by GPS+Pilot · · Score: 1

    When my RC5 client did updates over a 28.8 modem, the data exchange was very brief.

    --
    That that is is that that that that is not is not.
  32. Somebody needs to explain to the prosecution... by GPS+Pilot · · Score: 1
    that what he did does not constitute a waste of computing resources; instead, it was a good use of CPU cycles and bandwidth that would have otherwise been wasted.

    As a taxpayer, I am outraged that 99% of government computers' CPU cycles are wasted. Government admins should be required to install distributed clients that solve scientific problems. David was just trying to bring us a little closer to that ideal.

    Note to the defense: never, ever use the word "cracking" to describe what RC-5 does. The prosecution will seize upon it and turn it into a bogeyman for ignorant jurists. Just describe RC-5 as a "mathematical excercise" or at most, a project that improves security in computer networks.

    --
    That that is is that that that that is not is not.
  33. Re:Does anyone have any real information about thi by lovelace · · Score: 1
    We need more information here, if someone has some please post.

    1. How can this be a felony, this is a civil matter. They should be sueing for damages.
    Well, I can't help you with the rest, but here's the relevant law in the State of GA:

    http://www.clark.net/pub/rothman/gacode.htm

    I'm not sure what this falls under. Probably "Computer Theft" or "Computer Trespass". (But, IANAL.)
  34. Could have been worse ... by clovis · · Score: 1

    He could have installed f5g BonziBuddy and Gator.com on all those computers. I'd strap him in ol' sparky myself.

  35. Numbers don't add up by MushMouth · · Score: 1

    $.59/second only takes ~8 days on one machine to get to $400,000. Something tells me that it has been running on multiple machines for years, and this whole thing is hoax.

    1. Re:Numbers don't add up by MushMouth · · Score: 1

      All I care about it what was written in the post $.59/sec per client. Guess what, that doesn't add up.

    2. Re:Numbers don't add up by Knobby · · Score: 1

      How many seconds does it take to download a few kB rc5 blocks from a big university pipe? (lets be generous and say 5sec or $2.95)... Now how long does it take between downloads? I haven't run an rc5 client in a few years but I seem to recall something like 1Mkeys/sec for a keyspace containing 2^32 keys that's a little over an hour (70 minutes/block).. So I can complete ~20 blocks/day or ~$60.. To rack up $500k would require something like 170,000 blocks or 8500 days.. The questions are: how long did he work there? and how many machines was he running on? With that info and a better estimate of the cpu type/speed and average data transfer rate you should be able to tell if the numbers make sense...

  36. Re:What about spam? by unitron · · Score: 2
    In most cases the belt that drives the alternator is not turned by the drive shaft (you can see occasional exceptions to this on scratch built hot rods). It is turned by a pulley on the front of the engine which is driven by the crankshaft.

    Alternators do not produce excess power, at least not if they're operating properly, and if they go bad and do produce excess power, that excess power burns out a fusible link, which makes you have to fix the problem.

    Alternators have voltage regulators that keep the voltage right around 13.8, or whatever voltage the manufacturer has designed for, despite fluctuations in the load. It does this by increasing or decreasing the magnetic field of the rotor. This rotating field induces a current in the stator that, after rectification, is the output of the alternator. When load increases it draws more current. This will cause the alternator output voltage (the pressure that forces current through the load) to drop unless the alternator is caused to produce a higher current, which results in the voltage not going down. In order to produce that higher current, the strength of that rotating magnetic field is increased. Rotating an armature in a stronger field or rotating a stronger field with the "armature" held fixed is electrically the same--you have relative movement. If the magnetic field strength increases it takes more energy to move one relative to the other. That increased energy has to come from the engine, which means it uses more gasoline.

    Radios, or any other electrical load, draw current. Some draw a little, some draw a lot, but none of them run on "free" power. The more current you have to supply to all the loads on the system, the more energy you have to use to generate that current.

    I'm not trying to flame you, but until you have a better understanding of how electricity works you might want to avoid endangering yourself and your equipment by not opening your system and messing with the insides. Of course I learned a lot of what I know about how electricity works by opening up stuff and messing with the insides, but fortunately I was lucky enough (not smart, lucky) to not have severely damaged myself or started a fire.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  37. Re:Good. by unitron · · Score: 2

    Not to mention that moderators who replied to the post they moderated would undo that moderation.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  38. Re:And the problem is...? by unitron · · Score: 2

    Generally when radio stations fire you they aren't that nice about it.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  39. What about power? by cjsnell · · Score: 2

    If I were the State of Georgia, I'd be more concerned about the power consumption and decreased hardware lifetimes (due to temperature from constant processor use than I would a few hundred Kb of data a day. Try feeling your CPU heatsink after a day of running the dnet client and you'll see what I mean.


    --

    1. Re:What about power? by cjsnell · · Score: 2
    2. Re:What about power? by sacherjj · · Score: 2

      I can agree with the slightly increased power useage, but there are arguments that would state that this would prolong the life of the processor. It is harder on a processor to heat up, cool down, heat up, cool down, that to run at a steady temperature. (Assuming the cooling was good enough to make this a safe steady temperature.) Silicon can handle the heat, so being at steady state is less stressing to the chip.

    3. Re:What about power? by gmeb · · Score: 1

      Of course it makes the CPU run hotter than when it's idle !

      A NOP (No-Operation) makes quite a few less transistors switch per second than real operations. And since the number of transistor switching that occurs per second is directly related to the power consumed, hence the power dissipated, a CPU does run quite a bit hotter when running dnetc instead of running the kernel idle loop. (Which even executes a HALT instead of a NOP on most kernels, for even less power consumption.)

      IIRC the people from dnetc have even come up with a calculation of how much energy production from a nuclear power plant goes into rc5 cracking on a world-scale.

      But this doesn't mean this case is valid IMHO. Which arguments could the state of Georgia have in this case ?

      * Wear-and-tear: since computers are usually replaced long before they're worn out I don't think this would be a valid argument.

      * Bandwidth consumption: at 5bps (60kB/day max) this seems like nitpicking.

      * Power consumption: now this probably is substantial. Then again, if they're leaving their computers on during the night (as most companies do), I fail to see how Georgia might make a point here.

      * Using someone else's computers for personal benefit: now that's something. That's a good argument. But I'd propose to settle out of court for that by offering to donate the prize to some good cause, or if the state of Georgia wouldn't be satisfied by that, by donating it to the state itself.

      But $415.000 ? They're making fools out of themselves !

      --
      The angry man always thinks he can do more than he can. -- Albertano of Brescia
    4. Re:What about power? by gordyf · · Score: 1

      Windows 9x does not use HLT on idle, therefore a CPU runs just as hot doing nothing as working 100% under Windows 98.

    5. Re:What about power? by IvyMike · · Score: 2

      I'd be more concerned about the power consumption and decreased hardware lifetimes

      Decreased hardware lifetimes? No such thing from overuse; the processor will be obsolete far before it ever dies. (I've run lots of CPUs 24/7 on lots of distributed projects; never once has a CPU died except when I dragged it to the junk heap.) And if a CPU does die, it was defective in the first place. Processors should not die from use. But perhaps the State of Georgia could go after Intel/Microsoft for obsoleting their equipment, though. ;)

    6. Re:What about power? by dankjones · · Score: 1
      OOOOOH! and how about the electricity used by the chip to produce all that heat... and the electricity used by the A/C to remove that heat.

      And how much toilet paper did he use to wipe his ass while he was at work, and how much time did he spend in the bathroom anyway?

      Confused? Read this.

    7. Re:What about power? by eclectro · · Score: 2

      I don't think wear n' tear is a factor for computers - the vast majority will suffer from obsolesence before any 'actually' wear n' tear problems.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    8. Re:What about power? by nanoakron · · Score: 1

      right, so he should pay compensation to the amount of ~300 PII CPUs (assuming 450MHz Xeons w. 512k cache)

      What's that work out to....hmm...$9,000!

      So get digging under your couch seats everyone!

      -Nano.

    9. Re:What about power? by aka-ed · · Score: 1
      That probably is chief among their actual concerns; bandwidth is measurable, "wear'n'tear" isn't.

      I want to get drunk with Hoagy Carmichael and

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  40. Re:Reduced lifetime? by cjsnell · · Score: 2

    True... I have no idea what those Georgia machines are but the machines we used when I was in high school were mass-produced low-end boxes. I doubt that they had more than the most basic CPU fan, if they had any at all.


    --

  41. Re:And the problem is...? by John+Whitley · · Score: 4

    The penalty *IS* the point. This proposed penalty is not just "a little steep". At face value, this easily appears to be cruel and unusual punishment. 15 years in jail? Give me a break. When drunk drivers who put *lives* at risk don't get that sort of time, much less financial penalty, (especially on a first offense!), this becomes an abuse of the law and of law enforcement.


  42. Re:What about spam? by bonehead · · Score: 1

    Where as if anything had actually happened to the computers he would have been able to fix them immediately - hence costing nothing.

    That depends on what the "official" purpose of the computer was. I've personally been in charge of machines where downtime cost several hundreds of thousands of dollars per hour. This makes even the time required for a quick reboot quite expensive.

    Some of you kids need to realize that computers do actually get used to do real work. And that using up processor cycles on a machine that's doing real work costs real money.

    On the other hand, I think the penalties they're discussing are excessive, but what he did was still wrong.

  43. This is *insane* by don.g · · Score: 1

    15 years and US$415k? US$0.59/minute? Who is their ISP?

    --

    --
    Pretend that something especially witty is here. Thanks.
  44. Re:non-work-related activites by Art+Tatum · · Score: 1
    What's required is good judgement. My boss doesn't care if I use the web to look up movie times for that evening, but running my own MP3 streaming radio station from my office would be out of line.

    Of course, running a streaming audio server and distributed.net are very different--media is on-demand while distributed is idle time. At any rate, would you expect to go to jail for 15 years and pay 415k even for setting up a media server? I doubt it.

    And I repeat: yes, I agree the penalty is too steep.

    But you made it sound like you didn't think it was all that bad. Perhaps this was simply poor communication on your part.

  45. Re:What about spam? by Art+Tatum · · Score: 1
    The computer was not his. He used it in an unauthorized manner.

    This is what we're talking about. If he didn't sign a form promising not to install third party software, then it wasn't unauthorized.

  46. Re:What about spam? by Art+Tatum · · Score: 2
    Uhm, why must everyone think they automatically have all these rights that no one has given them.

    Because this is a sufficiently ambiguous case to suggest the need for a contractual restriction. Perhaps he signed one--I don't know. Either way, the car analogies REALLY need to stop: running RC5 is NOT stealing a car and never will be. Was it bad? Maybe. Was it REALLY REALLY REALLY bad?

  47. Reduced lifetime? by SIGBUS · · Score: 1
    Maybe if your case isn't properly vented, or have a defective CPU fan.

    I've run distributed.net on one of my machines for literally years on a continuous basis. I used to run my other boxen continuously too, but have stopped doing so recently, only because of power consumption.

    --

    --
    Oh, no! You have walked into the slavering fangs of a lurking grue!
    1. Re:Reduced lifetime? by tenchim · · Score: 1

      Pick up a basic microelectronics text that covers FETs and re-examine your statement.

    2. Re:Reduced lifetime? by ecampbel · · Score: 1

      Please ignore the last post. The poster did not know what he was talking about.

      --

      Sig goes here
    3. Re:Reduced lifetime? by ecampbel · · Score: 2

      Unless you put your machine to sleep or are using a transmeta, mobile pentium, or some other chip and OS that supports lowering the CPU's clock rate while idle (i.e no procceses need CPU time), your CPU stays on at full power running an idle thread waiting for your OS to give it something to do. In this case, there is little to no power savings having your machine sit idling compared to having it do heavy number crunching.

      --

      Sig goes here
  48. What about berkley software? by Mongoose · · Score: 1

    Let's sue for use of spare cycles by screensavers that auto update over the net too. I work for an .edu in GA ( and I'm not speaking for them ) - and if installing mozilla (not on the sw list, because no one *bought it) is a high crime they'll have to lock up SAs up to middle management for life. Coutersuit for defamation?

  49. Re:Does anyone have any real information about thi by BrookHarty · · Score: 1

    No idea how discretion became disgression. Man i need to put down the crack pipe.

  50. Does anyone have any real information about this? by BrookHarty · · Score: 2
    We need more information here, if someone has some please post.

    1. How can this be a felony, this is a civil matter. They should be sueing for damages.
    2. If he was in charge of the project, he could put any software on the computers. He had full disgression on the software installed.
    3. Did he agree or sign documents agreeing not to install this type of software?
    4. Did he hide the Dnet software on the computers? When someone asked about the program, did he say "Oh thats the Distributed.net RC5 Program, etc..."
    5. How long did it take before someone complained about the program? Why didnt they just send out an email asking them to remove the software?
    6. What was the actual damages?

    When working a project, as a large computer rollout, you come up with a list of common software that the end user will need. What web browser, Email client, Ftp cilent, Bookmarks preinstalled, etc.. Now I hand this project over to the IT folks to do the actual work. They want to add thier own standard troubleshooting tools, maybe PC Anywhere, Software logging, Time sync software, SSH, etc.. Did they break the companies policy by adding Time sync software? The IT department had the "implied" authority to alter the install.

    The abuse of the power for both State and Federal juristiction is in the news media daily, and here is just another example. Trying to put a person away for 15 years for installing software, un- fck'ing believable.

    -- A government that robs Peter to pay Paul can always depend upon the support of Paul. George Bernard Shaw (1856 - 1950)

  51. Re:Burden of Proof: Show He *Wasn't* Authorized. by BrookHarty · · Score: 2
    Please mark this sigwinch Troll down. Common sense seems to be lacking. Did the moderators fall asleep?

    Are you an idiot? Do you know nothing about computers? Diligent recovery from this compromise would involve 1) backing up all data on the compromised hard drives, 2) formatting them, 3) reinstalling them from scratch, 4) sanitizing all the backed-up data, 5) and reinstalling all the backed-up data. Assuming a $150/hour sysadmin, three labor hours per machine, and 200 machines, that's a direct recovery cost of $90k.

    (Im assuming Windows since its 200+ pcs)
    1. Click on the little cow icon in tooltray.
    2. Click configure.
    3. Click Help. Whoa look at that, URL and Name of program...
    4. Close program.
    5. Delete directory.

    I just saved the company 679K (your quote) and sued your ass for fraud.

    If I hired a mechanic to check out my engine, and he sayed I used the wrong brand of oil, and I must replace my engine, Thats fraud.

    Common sense people, Any Sys-Admin, IT/IS person would know how to check out a program and figure how to uninstall it.
    BTW we use seti@home to burn in our Sun servers, even our big 10K clusters. Great way to burn in the million dollar hardware complexes before we go live with customers.
    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. Albert Einstein (1879 - 1955)

  52. Re:Burden of Proof: Show He *Wasn't* Authorized. by BrookHarty · · Score: 2
    We can tell managers from sys-admins from these posts....

    Sun cpus if bad, crash during the first couple of weeks, (most likely) with cache or parity errors, thats why you burn them in...

    We never run seti@home on live production machines, just burn them in on pre-production machines, read the post again.

  53. Re:Burden of Proof: Show He *Wasn't* Authorized. by BrookHarty · · Score: 2
    OTOH, if you installed S@H on a live banking server 'just because', they'd beat you to death with CAT5, even if you have admin privileges.

    Exactly, the guy didnt install software on banking machines, he used uni desktop boxen. And if he did install S@H on production boxes he would be fired, not thrown in jail.

  54. Re:he's an ass but no murderer by Phrack · · Score: 1
    And you don't put people in jail for being asses. You make them president.

    No, you make them vice-president. Everybody knows that asses are in the back, genitals are in the front.




    --
    Never knock on Death's door.
    Ring the doorbell and run
    (He hates that).

    --
    Dump the IRS - http://www.fairtax.org
  55. Check his resume by Phrack · · Score: 2
    His personal site is here, and it includes his resume. On it, he lists employment with DeKalb Tech, and responsibility over 1,500 PC's (CPU and other tech facts left out). 1500 machines could generate that much, me thinks.

    And, speaking as an ex-State o' GA employee working at a university... boy is he screwed. But, it could be worse. He could have tried to buy supplies that weren't under state contract, or done something else that is outlawed under the state's antediluvian purchasing policies for computer equipment.




    --
    Never knock on Death's door.
    Ring the doorbell and run
    (He hates that).

    --
    Dump the IRS - http://www.fairtax.org
  56. Universities by Brat+Food · · Score: 1

    OK, heres what bites my giblets... At 3 very large universities, i recall all of them having some idle process program runing at all times. Be it RC5, Seti, or what have you, the point is it appears that doing this is commonplace. Hell, stuff like this was my kind of dream (mine was to outsource all the lab computers to companies for distributed 3d rendering. few thousand computer all chugging away at night, OH YEAH!). He should not be fired, and if he is convicted, the suits in all universities will start doing an uneccessary crackdown on their IT departments because of some FUD. And beleive me, they WILL do it, even though they wont understand what tey are doing. Also, by my estimates, to use up .59cents a second by way of rc5... i think he'd need some 10,000 computers or more... more likely the bandwidth was being eaten up by napster.. gg thx

    --

    "Stuff... In my home!? NEVER!" - Zim on Invader Zim
    "I want the toilet seat!" - Little Dog on Two Stupid Dogs
  57. Re:What about spam? by looie · · Score: 1
    The computer was not his. He used it in an unauthorized manner.

    Did he? Then, you must also think that personal web surfing at work is "unauthorized" and you never do it. Yeah, sure you don't. Just remember next time you're doing it, you are engaging in theft from your company and, according to your own theorizing, you can and should be sent to jail and fined for that theft.

    Also, remember that your employer may choose to wait 2 years to prosecute you. Keep lookin' over your shoulder, bub.

    mp

    --
    "The secret to strong security: less reliance on secrets." -- Whitfield Diffie
  58. This is just so stupid. by chris_sawtell · · Score: 1

    This is exactly the satanic of abuse of power which drives otherwise sane people off the deep end and do evil things like Mr. Tim. McVeigh did. My suggestion to our friend is simple. Go and see a Neutral Power and apply for asylum. Make sure that as many people as possible in the mainstream news media know exactly and truthfully what you have done. You will have no trouble getting employment in the Free World if you can actually do what you were employed to do by your erstwhile employer.

  59. Re:distributed.net license agreement by cloudmaster · · Score: 2

    I live in one of many areas (small town, central IL) where both residential and business lines are charged a per minute rate as well as a per/connect rate. In the city I used to live in (Urbana, only about 1 hour East of my present abode), the business line only paid per connect. That's how my dedicated dial-up connection was so affordable - it was online almost 24x7, but it only made 15-20 calls in a month. It made me feel good to be abusing the phone company, but made me feel bad to get calls at 8AM (college student, sleep until 10 normally) asking to talk to the "owner of the business". The tradeoff was acceptable.

    BTW, I had a whole bunch of computers runing dnetc at the college that used to employ me. I didn't get sued. Know how? I asked permission. Then I installed the clients anyway. ;)

  60. Re:confirmation? by Delphis · · Score: 3

    The text of the finger (so people can stop /.'ing dnet :D) ->

    nugget@distributed.net
    [distributed.net]
    Login: nugget
    Name: David McNett
    Directory: /home/nugget
    :: 09-Jul-2001 00:15 (Monday) ::

    Well, since it's hit slashdot and I'm getting lots of mails asking if
    we're aware of the situation, I thought I'd post a plan explaining
    distributed.net's perspective on David McOwen and the State of Georgia.

    http://slashdot.org/article.pl?sid=01/07/08/215320 6 for details

    distributed.net can confirm that at least some part of what's being reported
    is accurate. We were subpoenaed for information relating to Mr. McOwen's
    participation in the RC5-64 project and supplied that information as
    requested. We also spoke at length with representatives of the prosecution
    to make sure they understood the actual impact of the dnetc software on
    the machines and networks in question.

    However, part of the subpoena restricts us from commenting on the details
    of pending litigation. Especially since we do not know the details or
    circumstances of the alleged activity, we do not want to do anything which
    would endanger either party's position in this case. We trust that the
    community understands our position in this matter.

    In the more general sense, not commenting at all on the specifics of this
    case, it is never a good idea to run the distributed.net client software
    on computers you don't own or administrate. In the four years or so that
    we've been in operation we've been dragged in to a handful of situations
    where people have lost their jobs, positions, and scholarships by thinking
    that forgiveness would be easier to obtain than permission. Nobody,
    especially distributed.net, wants to see this happen.

    It's important to keep in mind that the literal resource consumption of
    the client (which is as close to "zero" as can be) is often not the only
    factor important to a business. The existence of prize money with the
    RC5-64 project is discomforting to many organizations. One tactic which
    has proven to be very effective is to provide an affidavit that you will
    donate any winnings to a charity if a client you installed on a company
    or university machine finds the winning key. In many cases, this has been
    key to a participant receiving permission to run the client on non-owned
    resources.

    Another frequent stumbling block is with service and support contracts
    which prohibit non-certified software running on workstations or servers.
    Your university or employer may risk losing support on their equipment if
    software is installed that hasn't been explicitly mentioned in the support
    agreements.

    The bottom line is, always get permission first. It might not be as
    difficult to get permission as you think. And if you can't get permission,
    don't install the client.

    We hope for a speedy and just resolution to this case, whatever that
    outcome should be, and that we never have to be involved in another one.

    --
    Delphis

    --
    Delphis
  61. Re:confirmation? by um...+Lucas · · Score: 1

    I know quite a few Sun employees who use AOL at home simply because through some deal via iPlanet, Sun offers them free AOL accounts... And besides that, after having to spend hour after hour after hour figuring this that and the other out, it wouldn't seem that suprising that some IT people would want to come home and just double click an icon and have it just work.

  62. Re: Confirmation by tenchim · · Score: 1

    Member status is a poor indicator of credibility and/or character, especialy if the status is based on number of posts. Some of the Anandtech members get to where they are by blindly agreeing with the topic ("Yep, sounds good to me"), throw posts into every 'For Sale' thread ("'bump!'"), or throw in their baseless opinions ("SBLive is suck!" eom). You'll have a better idea of a member's credibility by searching for the threads he/she's contributed to.

  63. Re:Civil or Criminal? by Skapare · · Score: 2

    Even at 5 cents a second, that would be how many computation units to use $415,000 worth of bandwidth? This is RC4, not SETI. SETI is more of a bandwidth hog (I know, I run 2 SETI processes at home connected via the same 28.8k I browse slashdot with). RC4 hardly uses any since all it needs to return is the work unit start, number of keys, the result, and any ID information. Then it gets a new work unit of about the same complexity and goes to work.

    I could see how they can say the CPU time might cost that. But I sense they are twisting the facts to posture for some kind of bigger settlement or plea agreement. It could also just be gross incompetence on the part of the lawyer(s) there (and we know that never happens, right).

    --
    now we need to go OSS in diesel cars
  64. 59 cents per second? by Skapare · · Score: 3

    Bob: "Hello, this is Bob over in the State Attorney's office. Is this the state internet network accountant?"

    Tom: "Yes it is. How can I help you?"

    Bob: "I'm doing investigations on a case here, and I need to know how much the internet costs. Do you have this information?"

    Tom: "Do you need the cost of a specific circuit?"

    Bob: "I don't know what you mean by circuit. I'm only interested in the cost of the internet."

    Tom: "Well, there are a lot of cost factors involved. For example there are costs for leases and depreciations for the routers and the servers. Then there are the circuit costs for the state network. And the costs for connecting into the actual internet itself, like our OC-192 core connections."

    Bob: "So are these connections what makes the internet work?"

    Tom: "Yes, they are. Is that what you are interested in?"

    Bob: "I think so. What are we paying for that?"

    Tom: "Do you need the exact amount? I'd have to get all the paperwork together and figure it up and get back to you tomorrow."

    Bob: "Just an estimate for now. A ballpark figure is good enough. We'll ask for copies of the paperwork when we're ready to go to court on this."

    Tom: "OK, well last month we budgeted somewhere around 1.53 million dollars for the internet connections."

    Bob: "Great! Thanks! That's exactly what I need to know."

    --
    now we need to go OSS in diesel cars
  65. Re:And the problem is...? by sharkey · · Score: 3

    Sadly true. In Anderson, IN a couple years ago, the media got ahold of a tidbit about a man who had been busted for DWI, and had just received his six hundred and twenty-something conviction for that crime. Seems that the harshest penalty laid down for this guy was loss of his license.

    --

    --

    --
    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  66. Re:What if one has d.net running at an old job now by CokeBear · · Score: 2

    Assuming they find it, and want to come after you for stealing processor time, your fscked.

    If you fess up, then there is every chance they will go after you anyway.

    If you do nothing and they find it, they go after you...

    Your only real option would be to break in and remove the software, or hack in and do it remotely.

    Good luck.

    --
    Reality has a liberal bias
  67. Follow this Simple Rule by EvilJohn · · Score: 1

    If it's not your box, don't run the client.

    // EvilJohn
    // Java Geek

    --

    Less Talk, More Beer.
  68. Re:What about spam? by dillon_rinker · · Score: 2

    Actually, YOUR analogy isn't quite right; more like You hired Me to pick up your car and on the way I listened to the radio. This consumed power unnecessarily; since the power comes from gasoline, I cost you money.

  69. Re:distributed.net license agreement by dillon_rinker · · Score: 2

    It's like people at work that think they have a "right" to not have their email or web usage monitored. You're using someone elses resources, you have to follow their rules. If you don't like it, don't use it.

    Hmmm....a little cut, a little paste, and voila!

    It's like people at work that that they have a
    "right" not to have their bathroom breaks webcast. You're using someone elses toilet, you have to follow their rules. If you don't like it, don't use it.

    So...having made my point (I hope) that employers DON'T have carte blanche to do what they like to employees simply because the employees are on their property, the question then becomes where to draw the line. That I leave as an exercise for the reader

  70. Anderson, IN. by Wntrmute · · Score: 1

    I've been there and I know people from there. I'm somehow not at all surprised. :-)

    -Wintermute

  71. Re:Distributed.Net statistics for this user by mvpel · · Score: 1

    Testing 4,302,216,663,924,736 keys using CPU cycles that would otherwise have dissipated as heat - how expensive is that? One keyblock is 132 bytes, and a keyblock can contain as many as 2^33 keys, so that many keys represents as few as 500,843 bytes of data traffic in either direction, over a span of two years.

    They're a bunch of ignorant dorks if they think this represents a 59 cent per second hit on their network.

  72. Re:Confirmation? by complex · · Score: 1

    the story is true. look on page 3 or 4 of the anandtech thread to see a reply from nugget@distributed.net.

    complex

  73. Re:To preempt all the "it's their equiptment" trol by magnwa · · Score: 2

    Actually.. they can ignore it for up to SEVEN years and then do what they want. :) It's called the statute of limitations. Magnwa

  74. Re:HUH? Full T1? by nyet · · Score: 1

    Oh. Nevermind. It was a hypothetical.

  75. HUH? Full T1? by nyet · · Score: 2

    he was using a full T1's worth of bandwith

    Urm. Say AGAIN? Or is somebody confusing megakeys per second with kilobits per second?

  76. He already got *FIRED* over it. by mindstrm · · Score: 2

    I don't call that getting off scott free.
    Heck, even when my users do something like that, against policy, I don't request to have the fired.. perhaps I would if they repeatedly and blatantly ignored me and did it, and were jerks about it.

    Yes, they aren't his computers; that's obvious. Yes, he should have know better. And as you and everyone else agrees, 15 years in prison and a million bucks (or whatever) is friggin rediculous.

    Remember,though, it has to go to court, where it won't be hard in this day and age to make them show how this cost them so much.

    1. Re:He already got *FIRED* over it. by mindstrm · · Score: 2

      I don't think he's fucked. The *will* be required to prove damages....and its' quite clear this could not have cost them such a high amount.

      If it did, in fact, their accounting records should show the anomaly.

  77. Where do you by mindstrm · · Score: 2

    determine that from? That he didn't care?

    He made a MISTAKE, as MANY young people do.
    And he's not saying he didn't do anything wrong.

    He's saying that having a felony charge on his record, paying a half million in fines and doing 15 years is NOT right. And I have to agree.

    You attitude seems to be strange: If you break the law, any law, you should be thrown in prison for 15 years and not whine about it?

    1. Re:Where do you by Steeltoe · · Score: 1

      15 years of buttfucking will teach him not to do criminal activities like this again. When he gets out he will be in-debted without any way to get a decent job. Serves him right.

      On a serious note, I fully agree with you. This is not even criminal. At most he should be FINED, not FIRED. This case most likely stems from ignorance and fear in the administration of the university.

      Destroying an innocent life, even attempting it, sounds immoral to me, installing an application widely used throughout the IT-sector not necessarily true. He was an admin, probably with root password. They left it up to him to administer the network. It was his call, unless they say he can't do it but their rules gave him that power by being too vague. The administration behind this should be fired instead. Obviously they don't have common sense and good humour. They should be in no position to do what they did.

      - Steeltoe

    2. Re:Where do you by legLess · · Score: 2
      Christ, where'd you learn to read?
      This sucks, of course - it seems highly unlikely that the costs are what they say, and 15 years in jail is frankly insane.
      That's from my previous comment on the issue. Your attitude seems strange: jumping to wild conclusions before reading what I posted.

      "We all say so, so it must be true!"
      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
  78. Re:Burden of Proof: Show He *Wasn't* Authorized. by demigod · · Score: 1
    Are you an idiot? Do you know nothing about computers? Diligent recovery from this compromise would involve 1) backing up all data on the compromised hard drives, 2) formatting them, 3) reinstalling them from scratch, 4) sanitizing all the backed-up data, 5) and reinstalling all the backed-up data. Assuming a $150/hour sysadmin, three labor hours per machine, and 200 machines, that's a direct recovery cost of $90k.

    Are you an idiot? Do you know nothing about computers? :-)

    Fix one machine and then duplicate it, these were lab machines. Remind me not to hire this guy $90K indeed


    "The last thing I want to do is deal with a bunch of people who want something."
    --
    "The last thing I want to do is deal with a bunch of people who want something."
    Major Major
  79. GA is in the Right by da3dAlus · · Score: 2

    Ok, I'm a GA resident, and I'm also a student at a GA university. I am also the head of a student organization, and was recently on several faculty committees that dealt directly with state funds for the university. One thing that I have learned in the past year, is that you don't do squat with university computers or technology without clearing it with the proper authorities first.

    This past year, the IT dept. learned that several faculty and staff members had Napster installed on their computers. They learned of this when professors brought in their computers complaining of lack of disk space, and they found out that the grad assistants had installed Napster and proceeded to fill up the hard drives with MP3's. While that in of itself cost money and time for the IT tech's to get rid of the software and "repair" the computer, the bandwidth used to download those files also came from a very limited connection. So between the illegality of the music, and the cost of the download, IT announced that all computers with Napster must have the software uninstalled within 2 weeks of the notice.

    In any case, IT argued that these are state computers, not the property of the faculty or staff that use them. So basically, this guy IS screwed if he did not get permission. That's all there is to it.

    --

    Sometimes I doubt your commitment to Sparkle Motion.
    1. Re:GA is in the Right by essdodson · · Score: 1
      Working as a student tech at a GA college I'd say that 1/5 of all machines I've worked on in the past year have some sort of mp3 grabbing software. Only once was I told to remove it because it was preventing the machine from shutting down.

      Those packages cause us such grief. All library machines are locked down with notices of calling campus police if they find you installing anything. However faculty and staff seem to be free to roam wherever they please. We ran into massive bandwidth issues, it was found that a group of individuals in a department was leeching an incredible amount of music, I think they were just told to stop.

      <Sigh!>

      --
      scott
  80. Re:Burden of Proof: Show He *Wasn't* Authorized. by martinschrder · · Score: 1

    1. Click on the little cow icon in tooltray.
    This only works if the client hasn't been installed as a service. Then the client is invisible and you need some more clicks to deinstall it.

  81. Re:What about spam? by paled · · Score: 1

    Mr. dillon rinker, you are an asshole.
    You assertion is completely invalid.

    The power comes from the alternator.
    Instead of the excess power being diverted to /dev/nul - it was applied to the radio.
    The gasoline is consumed in the internal combustion used to power the driveshaft which propels the vehicle. A series of belts are used to derive power off of this via the alternator - which powers the electrical system (and AC).
    Do you know how long an FM radio can run off of a pair of AA (1.5 V) batteries? The radio power in no way harms the system - the power would have been sent to ground, just like the unused bandwidth of the messages of the RC5 client would have gone unused.

    --
    .
  82. Re:distributed.net license agreement by Yakman · · Score: 1
    It's like people at work that that they have a "right" not to have their bathroom breaks webcast. You're using someone elses toilet, you have to follow their rules. If you don't like it, don't use it.

    So...having made my point (I hope) that employers DON'T have carte blanche to do what they like to employees simply because the employees are on their property, the question then becomes where to draw the line. That I leave as an exercise for the reader

    The difference is most employees sign employee contracts that say they will not misuse the resources provided by an employer, followed by a description of what constitutes misuse.

    Your example would only apply if your employment contract said "Employees may be filmed while taking a crap and said film may be broadcast without any further consent from the employee".

  83. Re:Slippery Slope by Yakman · · Score: 2
    Fact of the matter is, this man is guilty, in a technical sense. But, if cases like this start to gain momentum, who knows how many companies we'll have suing their workers for non-work related internet usage.

    The difference is the average employment contract says "You will not misuse company resources, the penalty for which is disciplinary action (such as termination)".

    On the other hand, the average University computer policy is "Misuse of computer equipment may make you liable for prosecution". At least that's what I remember all the uni computer systems saying on login when I was at uni.

  84. distributed.net license agreement by Yakman · · Score: 3
    I haven't run an RC5 client for about 2 years now, but if I remember correctly there was something the license / terms of use / whatever that said you're not allowed to use it on computers you don't have permission to install it on.

    I assume they wouldn't be suing him if he'd asked whether he could install this and use their bandwidth. So he's got no one to blame but himself.

    It's like people at work that think they have a "right" to not have their email or web usage monitored. You're using someone elses resources, you have to follow their rules. If you don't like it, don't use it.

    1. Re:distributed.net license agreement by Qui-Gon · · Score: 1

      Yes, you DO need permission to run the client on computers/networks/etc not owned by you. As stated in theOfficial distributed.net policies.

      I ran into this same problem about 3 years ago. I was running a d.net client on my school's DNS server. Well at the time I didn't know it was the DNS. (Hey, the school gave us accounts to play around with for our Unix class.) I ended up causing a massive network slow down for about a week. Granted the DNS was ancient piece of crap, but it was working fine until I got a hold of it ;). I guess I should also note that I had the nice'd the client to run at top priority effectively slowing all other services down. Ooops. I learned my lesson that day when the Sys Adim grabbed me in the parking lot after class and told me to take the client off the server. Since I was a student (and didn't know I was causing problems campus wide) they were not going to punish me in anyway. I was lucky. I also should have read the Terms of Use before I went Gun-Ho and installed the client.

      We are blind to the Worlds within us

      --

      We are blind to the Worlds within us
      waiting to be born...
    2. Re:distributed.net license agreement by Lish · · Score: 1
      It is socially acceptable that employers would "monitor" voice phone calls, even personal calls to/from family members or friends, even during breaks and lunch hour?

      Socially acceptable, perhaps not. Completely legal, yes. Don't want your employer listening in? Don't make personal calls on their equipment.


      ---

      --
      "This message is composed of 100% recycled electrons."
    3. Re:distributed.net license agreement by iJosh · · Score: 1

      Maybe he should have done this:

      WORK FROM HOME
      Part time: $15,000.00
      Full time: $30,000.00

      Call: 1-800-555-5555

      --
      Moderating to further my personal world domination agenda... and to get chicks.
    4. Re:distributed.net license agreement by pjrc · · Score: 3
      It's like people at work that think they have a "right" to not have their email or web usage monitored. You're using someone elses resources, you have to follow their rules. If you don't like it, don't use it.

      What about the company telephones? How about during the lunch hour? It is socially acceptable that employers would "monitor" voice phone calls, even personal calls to/from family members or friends, even during breaks and lunch hour?

      Maybe email and voice phone calls are fundamentally different, but they're both simple human-to-human communication. Maybe it's "using someone elses resources" in your world, but at least in the US, local phone service and email are sold on a flat-fee basis. Aside from time lost from working, there is no additional cost to an employer for a brief phone call or a normal email message.

      The only thing that is fundamentally different about email is that it can be easily copied, archived, searched and indexed. Today (except perhaps for the NSA), voice phone calls can't be automatically converted to text and monitored as cheaply and automatically as email can. That's today. Someday it will be possible. When that day is upon us, I certainly hope your anti-privacy opinion isn't the general public sentiment.

      The one exception today, for voice phone calls, is monitoring of customer service calls to assure quality of service. It's generally accepted practice, and even required by law in some states, to disclose at the beginning of the call that it may be monitored. Saddly, email doesn't enjoy the same privacy protections as voice phone calls and postal (snail) mail.

    5. Re:distributed.net license agreement by pyite · · Score: 1

      Local service is not always billed on a flat rate basis. Only pretty much the baby bells do it this way. Many (read: most) business have third party companies who they get their service from because it works out for long distance in the long run. At my office, we get charged per minute (don't know the exact price) even for local calls (it actually might be like this for some baby bell business plans too). Luckily, my boss is super nice and let's us use the phones and what not.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    6. Re:distributed.net license agreement by goatee · · Score: 1
      I just finished reading Every Employees Guide to the Law, and according to it employers are allowed to monitor your calls. But, as soon as they realize that it's a personal call, they are required to stop listening.

      email is an entirely different ballgame though...I recommend PGP/GPG.

    7. Re:distributed.net license agreement by acceleriter · · Score: 1

      Shoot, where are you from? Here, the signs say you can make $1,000 part-time or $3,000 full-time weekly :)!

      --

      CEE5210S The signal SIGHUP was received.

    8. Re:distributed.net license agreement by Fobi · · Score: 1

      There was/is probably license terms as you describe them on the RC5 client.

      But this has nothing at to do with this case; it isn't distributed.net who is suing him.

      The license term from distributed.net is only a precaution to prevent them from getting involved. Because of it they need only need to state that the user didn't use the client in accordance with their license terms.

      Mod down the the parent, it isn't insightful.

    9. Re:distributed.net license agreement by multicsfan · · Score: 1

      I don't know the details in every state, but I believe that service in the US comes in two catagories, Residential and Business. Residential usually has a flat rate option that most people select. Business is always per minute. In NY its something like $.10 for first 3 minutes, then $.03/minute afterwards with Verizon. One of the reasons companies deail with other CLECS is the other CLECS charge less/month for the lines as well as haveing a lower per minute charge and charging in 6 second intervals, no $x for the first 3 mintues even if you only use 10 seconds.

      I keep my work and non-work computing separated. I only put work software on computers at work (I'm the network/sysadmin) and I do all my non-work at home including my non-work email, etc.

      The state of Georgia is being very stupid. I can't see anyway they are going to ever recover the cost of this case. They are also showing a great amount of ignorance about computers and networking.

    10. Re:distributed.net license agreement by halftrack · · Score: 1

      correct from the distributed.net homepage: You may not run any distributed.net software on a system unless you own the system or have received permission from the owner to run distributed.net software.

      --
      Look a monkey!
  85. Re:Burden of Proof: Show He *Wasn't* Authorized. by WNight · · Score: 2

    I really hope you work in manual labour, because if you work with computers you're running a huge scam on any employers.

    Some basics.

    1) If they determined the computers who untrustworthy now they'd pay one junior tech to install Windows, that's 20 minutes. They'd do one install of any needed application, maybe 40 minutes, if we assume a lot of programs. Then they'd ghost it, burn the image, and ghost it onto the other terminals. Figure 10 minutes per station, but it's parallizable, burn multiple copies, have multiple techs working. At ~12 minutes (rolling in some overhead to make the math pretty) per terminal, that's 5/hour, for maybe $4 each at a junior tech's likely wage. Multiply that by 200 and you've repaired all the machines for $800...

    2) If you did hire a security consultant, he'd only need to look at one machine to determine if there was a problem. He'd then pass it off to the junior techs mentioned in #1.

    3) The university isn't selling bandwidth, they're claiming it was stolen. That means they can only claim their cost. As shown in many posts, this cost is just a few dollars.

    4) The RC5 client isn't any more likely to become a security hole than Scandisk. It doesn't listen for an outside connection so it's a whole lot different than the type of thing you're thinking of.

    5) The dnet client doesn't slow down the machines it's running on, that's the whole point in running it at IDLE priority, it only runs when the machine isn't doing anything, and it consumes about 2.5MB of memory, all of which is easily swapped out for a higher-priority process. (I saw benchmarks that showed the computer performing exactly the same with and without the RC5 client running.)

    Sheesh.

    As I said, I really hope you don't represent yourself as a computer expert.

  86. Your tax dollars at work... by Xenious · · Score: 1

    Yea, forget about killers and rapists et al, lets get this guy and be sure to make him suffer! What crap, I think someone has toooo much time on their hands here. I wish people would get their priorities straight and go after the violent felons.

    --
    -Xen
  87. Is this all it takes to troll slashdot? by Mdog · · Score: 1

    So all I have to do is write a web page saying that my online rights were violated, and slashdot will post it? 50 here I come!

    </troll>

    Seriously, whether this story is true or not, I wish there were some sort of higher standard for supporting evidence.

    1. Re:Is this all it takes to troll slashdot? by AuMatar · · Score: 1

      And we all wish there was a higher standard for /. posts. Study some real trolls before trying again.

      --
      I still have more fans than freaks. WTF is wrong with you people?
  88. Confirmation? by MmmmJoel · · Score: 1

    Has anyone tried to confirm this story? It sounds more than suspicious. The user doesn't have a profile, doesn't have any elevated status (which may mean the account has just been created), and he publically released his "attorney's" name and phone number? Sounds more like a prank to me than a cry for help.

    1. Re:confirmation? by Ioldanach · · Score: 1
      Personally, I think the guy wasn't too bright for running RC5 on a public machine in that manner.

      However, if it took an agent of the state government a year and a half to determine that it was a felony, and he had legal advice available, how is your average Joe supposed to know when it is and isn't legal?

    2. Re:confirmation? by FunkSoulBrother · · Score: 1
      Because we all know that traditional media outlets always get the story right.
      That is a rather pointless dig at the traditional media.
      They have the story right quite a bit more than slashdot.
    3. Re:Confirmation? by DeeKayWon · · Score: 5

      Any browser that show the ALT text when the pointer is hovered over images will show you that he registered on AT forums in Oct '99 when they were created. Also, read the thread. One member named Russ has already contacted the attorney's office and has offered help. In case you didn't know, Russ is the maintainer of the TA Cube account, which is seventh overall in in the RC5 contest. Russ is very involved in RC5, and I would assume he knows what he's talking about. Finally, read the guy's RC5 stats. Note that he's 94th overall but his current keyrate is only about 1000 kkeys/s compared to his overall of over 55,000. The PCs he lost are probably the ones he's being sued over. I don't think this is a hoax at all.

    4. Re:confirmation? by chipuni · · Score: 2
      Nugget gives us confirmation at http://oldcgi.distributed.net/cgi/dnet-finger.cgi? user=nugget .

      It's real.

      --
      Never play leapfrog with a unicorn. Or a juggernaut.
    5. Re:confirmation? by datawar · · Score: 1

      this is where your 'traditional' media outlet - hegemonic or not - has the leg up on slashdot - they would have called the AG's office for confirmation before running an item like this.

      Because we all know that traditional media outlets always get the story right.

      *ahem* John Markoff *ahem*

    6. Re:confirmation? by EulerX07 · · Score: 2

      Gee whiz, this is only insightful if you didn't read the actual thread, here's a post from the guy that is accused, I invite skeptics to just confirm it by themselves:

      For the guy that thinks it's a hoax simply contact the Georgia State Attorney's Office or the Georgia Bureau of Investigation, the lead Agent in charge of the year and half investigation that he said it took him to determine that running this Distributed.net client is a felony offense as outlined by the Computer administrators at the school and the State is Bob Stanley, the GBI office number is 770-987-9168.

      The Law Firm of my Lawyer is 770-564-1600. My Attorney is David Joyner

      The charges are from the 1999 Georgia Computer Crime code book Volume 14 Title 16-9-91 to 93 Pages 669 to 672.

      David


      Now that wasn't too hard, wasn't it?

    7. Re:confirmation? by GnuBeest · · Score: 3

      If you'd read the entire thread there, you'd see that apparently it's been confirmed by quite a few regular folks at anandtech. I thought it to be a crock at first glance, as well, but I suppose it's been proven otherwise. The first thing that threw me was the fact that ANYONE in the IT industry would use AOL -- but I suppose if he was dumb enough to run RC5 on public hardware ....

  89. 620+ convictions? by barzok · · Score: 1

    When, exactly, did he have time to drink?

    1. Re:620+ convictions? by Pogue+Mahone · · Score: 1
      When, exactly, did he have time to drink?

      While he was driving, of course...

      --

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    2. Re:620+ convictions? by C.+Tengo+Hambre · · Score: 1

      That's pretty funny.

  90. key blocks by delmoi · · Score: 2

    You don't download keys, you download key blocks. Each key block is like 1k or something and has enough keys to keep a computer going for several hours.

    --

    ReadThe ReflectionEngine, a cyberpunk style n
  91. Re:rc5 output by SEWilco · · Score: 2
    Where is the explanation of those units? From the context, I think the "k" in Mk/sec and Gk/sec is "keys", which is a measurement of processing speed.

    I wonder if Georgia thinks "k" means "kilobytes".

    I don't see in the FAQ any mention of how much network bandwidth an RC5 client can use, particularly with the speed of processors two years ago.

  92. Distributed.Net Resources by SEWilco · · Score: 3

    Oops. Down on page four of that Forum is a comment from Distributed.Net that Georgia did subpoena them and Georgia was informed of the resources used by Distributed.Net. So Georgia should have the proper technical information.

  93. Re:Wow, what math... by Rinikusu · · Score: 1

    Yep! LoD! I forgot all about them. I vaguely remember the whole deal, but that was about the time got into 2600 magazine, the internet was still largely academic and.. well, nevermind.. Goddamn I feel old.

    --
    If you were me, you'd be good lookin'. - six string samurai
  94. Re:Wow, what math... by Rinikusu · · Score: 1

    No shit, I meant to put that in there. And, to think that RC5 only uses the network when it's transmitting finished blocks and receiving new work. Man, I wonder who's getting a kickback here.. :)

    --
    If you were me, you'd be good lookin'. - six string samurai
  95. Wow, what math... by Rinikusu · · Score: 5

    59 cents per *second* in data traffic? for RC5? WHOA..

    I run RC5. It runs 24/7. Let's figure it out:

    1500 for the system (homebuilt)(let's say 3 year lifespan, that's 500/year, or about $42/month.. I paid cash for the components)

    my *total* electicity bill: 80/month
    ISP + cable TV: 60/month

    So, that's $182/month, a bit over $6/day in a 30 day month, .25/hour, .004/minute, and even less per SECOND. And I get a lot of use out of my machine, other than cracking RC5.

    Anyone remember when the h(cr)acker stole some AT&T documents (was that Mitnick?) and AT&T priced the documents at something like half a million bucks (although it was listed in their document catalog for like $30)?

    So, basically, the "cost" they incurred is bullshit, the jail time is fucking ridiculous (we can't even keep murderers in jail that long), god I'm sick of shit like this.

    Yes, they weren't his computers. He should be fired. However, the fine and proposed sentence time is a gross misrepresentation of justice. Can't the State of Georgia go arrest some of them child pornographers the Government keeps talking about instead?

    --
    If you were me, you'd be good lookin'. - six string samurai
    1. Re:Wow, what math... by ryanr · · Score: 2

      Yeah, I'm pretty sure that distributed.net doesn't pass around 537 petabyte blocks.

      The more "efficient method" would be something like, "block #x doesn't match". That's the point of testing a whole block... so it can be eliminated a block at a time. Assuming 1K messages per block, that's only 16GB for the number of blocks you cite.

      Since we've established they've got an OC-12 or better, shouldn't be too much of a problem. :) In fact, at 622mbps, 16GB should take something like 256 second, @$.59/sec, his charge should be more like $151.04.

    2. Re:Wow, what math... by ryanr · · Score: 4

      Or how much they apparently pay per month:

      $.59 /second
      x 60 seconds /min
      x 60 minutes /hour
      x 24 hours /day
      x 30 days /month
      = $1,529,280/month

      That's a heck of a lot of bandwidth... I used to have a T3 at a previous job for only $15K/month.

      This must be something like an OC-12. Amazing that they didn't notice him using the entire thing just for himself, either... well, I assume he was using it just for himself, since he's getting charged the full amount.

    3. Re:Wow, what math... by siokaos · · Score: 1

      You are an individual, your cost is MUCH lower then a university or other large entity. So much for public good appreciation

      --
      http://siokaos.org/
    4. Re:Wow, what math... by PrimeNumber · · Score: 1

      The whole AT&T farce you mentioned did happen.

      The guy(s) who "stole" the AT&T documents (E911 Document) was none other than Erik Bloodaxe and his fellow Legion of Doom members. Bloodaxe up until a couple years ago was also editor of Phrackmagazine.

      The whole imbroglio surrounding the E911 document is mentioned in Bruce Sterlings book: The Hacker Crackdown: Law and disorder on the electronic frontier. Bruce Sterling placed this huge book on Project Gutenburg free for anyone to download. It is a good book and has a lot of info on the history of hacking, (pre script-kiddie days) as well as Operation Sundevil which was responsible for the confiscation of the computer systems of Steve Jackson Games, (GURPS RPGs) mainly because they had a BBS, and had Cyberpunk role playing game information on their boxes.

    5. Re:Wow, what math... by green+pizza · · Score: 2

      Or how much they apparently pay per month:
      basicly $0.59/second = $1.5 Million/month

      Guess he's lucky he's only being sued for 1/3 of a month of internet access?? : )

    6. Re:Wow, what math... by slartiblartfast · · Score: 1

      Well, The guy is 94th in the all time list on Distributed.net for the rc5 project. He submitted 16,026,654 blocks. According to the distributed.net docs 1 block is at least 268,435,456 keys and could be as much as 8,589,934,592. Depending on how the data is transferred to and from the distributed.net servers this can come out at some really big numbers. Say the client sent the results back to the central server for each key tested, and that the result for 1 key could be transferred as a single byte. The total comes to at least 537,765,271,830,528 bytes!! I'm sure that the guys at distributed.net have a much more efficient way of passing the data around, but the numbers could still be pretty big.

    7. Re:Wow, what math... by fallen1 · · Score: 1

      The Enhanced911 documents were "stolen" from BellSouth and they were valued at some ungodly numbers. The people who wound up paying for the "crime" were three Atlanta area old-school hackers , dumpster divers and computer enthusiasts named The Prophet, Leftist, and Urvile (I do hope I have the last one spelled correctly - sorry if I don't, it's been awhile ;-p). I believe they all are doing quite well now...

      --

      Dream as if you'll live forever.
      Live as if you'll die tomorrow.
      ~Anonymous~

    8. Re:Wow, what math... by alcmena · · Score: 1

      According to the slashdot post, it was $0.59 per client. So it was $1.5M/month per computer it was installed on! Assuming 10 computers, probably a fairly low estimate, that makes it $15M/month. Something about this number sounds very wrong to me.

  96. Should've Posted This Article Monday by scotpurl · · Score: 3

    That way, more people would read it, and that way there'd be a large drop in the RC5 and OGR rates on Tuesday with everyone madly uninstalling their DNet clients from all the machines they've installed it on at work.

    I'm betting that the RC5 rate drops noticably this week.

  97. get permission first by Teach · · Score: 1

    This messageboard post looks as much like an alarmist hoax as anything I've ever seen ("please contact my lawyer at his AOL address", and "this is not a rumor"), but....

    I ran the distributed.net client on every computer in every lab in the high school where I teach two years ago, myself. But I got permission first.

    • before anyone else, talked to our tech administrator, who was all for the idea
    • then briefly explained the concept and got permission from a few of the teachers in the business department, whose computers would also be running the client
    • then sent a one-page memo to the principal explaining d.net in 100 words or less, and asking if I could run it in my lab and others. He signed off on it, and I still have a copy of the signed memo in my files.
    • finally, install the thing everywhere

    The client is only running in my lab now, but I've still got permission. And in the unlikely event that we win, the $2000 goes to "Leander High School Computer Science Department". ;)

    Though it doesn't come anywhere near justifying a $0.59/sec cost, I can see people being upset if the admin kept machines on when they otherwise would have been off (e.g. spring break) solely to crack a few more RC-5 blocks. Electricity ain't cheap. OTOH, with proper proxying, bandwidth for d.net is negligible.

    If this story is true, the school system is most likely just upset about having software installed on their system without their knowledge (1) which drained system resources (albeit not many) and (2) whose primary purpose had no perceived value for the district (to prove how poor government encryption was at that time/the geek factor/to win money).

    --
    Graham "Teach" Mitchell, computer science teacher, Leander HS
  98. Re:I agree, but a felony? by mako · · Score: 2

    Neato. So companies should prosecute users for using unaproved backgrounds, or screensavers as well. What if a user sets their screensaver to 3d pipes instead of blank? Tell me is this a felony or just a misdaemenor? How do we calculate $$/CPU cycles again? Ohh don't forget time on the graphics card. And lets not just have companies fire people they don't like, lets make it possible to prosecute every former employee for something as nebulous as "stealing computer time", that way they can be blackmailed long after they leave the employer.

  99. Re:I suspect a mistake in units... by Polo · · Score: 2

    add a , sorry...

  100. I suspect a mistake in units... by Polo · · Score: 3


    I'm suspecting that:
    bandwidth in kbytes/sec
    is being confused with:
    keyrate in kkeys/sec
    as shown on this graph.

    Does anyone have any idea how keys translate into messages?

    1. Re:I suspect a mistake in units... by LeBlatt · · Score: 1

      Date Posted: Monday, July 09, 2001 3:08 PM

      Some info you will need if you wanna do "quick math" :
      The dnet client processes and transmits packets of data. Those packets contain blocks. One block contains 2^28 keys to test. The user gets credited for blocks he has processed.

      One packet can contain any number of blocks between 1 and 32. But the size in bytes of a packet is always the same, whatever number of blocks it contains, because a packet determines a range of blocks, with a starting point and a length, not just a series of blocks.

      I just took the log from my dnet proxy for today (since the last time it had cleared its outbound buffer), and found out I had processed 91 packets, containing 1497 blocks. The buffer was 15.296 bytes on disk. That is 168 bytes per packet, plus 8 bytes for the control header. Let's ignore those measly 8 bytes.

      Assuming he was producing 60K blocks per day, that would cause an outbound internet traffic of 60.000 x 168 /1024 = 9,844.75 kilobytes per day, assuming using 1 block packets (worst case). If using only largest packets (best case), you divide this by 32, and get 307.62 KB per day.
      Double this to account for inbound traffic used to fetch new data to process, and you get a whooping 615.23K per day, best case, or 19,687.5, worst case.
      Knowing that the default client config at that time was to use 2 block packets, the amount should get no higher than 8.5 MB a day.
      I don't know what line speed they use at that school, but that gives an idea of how little bandwidth he may have used.

      Now, David's lawyer should have access to all information concerning the case, including how many packets he submitted to dnet from the school to know exactly how much BW he used and how many seconds that took.

      --
      Keep your words aligned, and your objects oriented.
  101. Re:And the problem is...? by Iguanaphobic · · Score: 2


    Otherwise law enforcement turns into a for-profit business where the goal isn't to deter crime or protect society.

    Welcome to the new world.

    http://www.faqs.org/faqs/law/lawful-arrest/

    http://www.aclunc.org/opinion/001027-seizure.htm l

    http://www.libertarianworld.com/Property-Seizure -R ights.html

    3. Under the Kansas Asset Seizure and Forfeiture Act, the seizing authority is not required to prove that the money seized was a result of conduct which gave rise to the forfeiture.
    This quote was found here: http://www.kscourts.org/kscases/ctapp/2000/2000072 8/83662.htm

    Once you get through some of this material, you'll see where this is going.

    --
    Fascism should more properly be called corporatism, since it is the merger of state and corporate power.
  102. Re:And the problem is...? by Iguanaphobic · · Score: 3

    this becomes an abuse of the law and of law enforcement.

    No, you missed the point. This is all about a proscecutor for the State of Georgia justifying 18 months of his time and his waste of State resources. He must recoup these costs for the State or else it's his carreer and life that will be on the line.

    --
    Fascism should more properly be called corporatism, since it is the merger of state and corporate power.
  103. What about spam? by Red+Moose · · Score: 3
    It would be interesting if this was proven to be true with spam laws: that the student was effectively spamming and using illegally obtained bandwidth that he didn't officially have the right to use.

    So where do I go to sue the fuckers that spam me and cost *me* money. I am not a state, I'm a frickin' person. There's probably millions of dollars used in downloading spam (at least in Ireland with pay per minute Internet which is your only option really). A win in this case could be dangerous precedent for Universities that have large bandwidth with SETI clients and so on. Sort of like Napster as well (can't remember the links though when those Unviersities banned it).

    Anyway I've lost track.

    --

    Acting stupid isn't much fun when there's someone around who knows better

    1. Re:What about spam? by greenrd · · Score: 1
      Maybe if we started calling spammers "hackers" the courts would start assfucking them like they do to anyone who gets branded with that name.

      Would spackers be an acceptable compromise? How about this "Damn spackers! I hate spack!"

      Hmmm... doesn't really have the desired effect.

    2. Re:What about spam? by flounder99 · · Score: 1

      Duh, where do you think that electricity stored in the battery came from ??

      --
      I don't like .spam. in my email address, neither should you
    3. Re:What about spam? by TuxGrep · · Score: 1

      > Actually you don't have any rights to do
      > anything with any computer system except as
      > specifically authorized.

      Well let's see... If I am contracted to administer a computer, I'm not going to check with management if I'm allowed to run various programs (think ifconfig, vi, less, rm, mv...) because that is essential to my work there. Thus, authorization to use the various computers' binaries is IMPLICIT.

      That is notwithstanding the fact that I am obliged (in case of doubt) to prove that all I did was reasonably neccessary for me to do my job, and do it in a good manner, too. In this case, the binary was probably neither pre-installed, nor productive, and possibly arguably counter-productive even. So, I think this was not proper use, I'd have to agree with you.

      However, your point that one would need authorization for everything cannot be upheld: it would create an unworkable situation.

    4. Re:What about spam? by conraduno · · Score: 1

      You're analogy doesnt work out... its written in law that stealing a car is unlawful. These computers were under his jurisdiction, and unless it was explicitly stated that he could not download distributed clients, then he has committed no wrong.

      Truthfully I dont think this is a big deal, this would fall through the courts fairly easily. I refer you to the argument above. Thats kind of a fundemental property of US law, (taking from what we hated about british law), that if its not written down, its not illegal. Thats why we cant go around and make up a law like "Its illegal to be Jon Katz" and expect it to take effect.

    5. Re:What about spam? by crucini · · Score: 2

      First, the guy's not an asshole just because he disagrees with you. Second, you're missing a fact: the more electrical load is placed on the alternator, the more it resists rotation of its shaft. This means that to run the engine at a certain RPM requires more fuel when the alternator is more heavily loaded.
      Third, I've seen car stereos that make the headlights dim with each beat. But a better example altogether would be air conditioning, which definitely increases fuel consumption. So lets say the 'carwash kid' ran the AC, which was neither prohibited nor specifically allowed by the owner.

    6. Re:What about spam? by compwiz3688 · · Score: 1

      It would be interesting if this was proven to be true with spam laws

      Not to mention that Yahoo can sue (what's his nick again?) for DoSing the site!
      ---

    7. Re:What about spam? by Fjord · · Score: 2

      Battery drain equates to gasoline usage, even when the car is off, since it is gas that charges the battery. Unless you have a hybrid or other non-standard car, where did you think the charge in the battery comes from?

      --
      -no broken link
    8. Re:What about spam? by Fjord · · Score: 2

      In this case, the radio is much better. The A/C really does consume a lot of gas, but a radio is more like the RC client.

      --
      -no broken link
    9. Re:What about spam? by hexx · · Score: 2

      Why does he deserve to be punished? Unless he signed something saying he woouldn't use school computers for personal net use, he didn't do anything wrong!

      Do I need to sign something saying that I'm not going to steal your car in order to make stealing it a crime?

      The computer was not his. He used it in an unauthorized manner.

      If I took your car without your permission, and returned it unharmed - maybe even cleaned and filled with gas, it's still theft. You can choose to prosecute me or not.

      This guy took resources that were not his and used them. It doesn't matter that it was minor - that does not change the fact that he was not authorized to do so.

      It's not like we're talking rocket science here. You break the law and you get fined.

      As far as the excessive nature of the fine, I think it's silly, and if there were a donation method, I'd drop $10. Anyone wanna set one up? A good lawyer is expensive.

    10. Re:What about spam? by pyite · · Score: 1

      Uhm, why must everyone think they automatically have all these rights that no one has given them. "Well, erm, let's see here, let me pretend these here, urm, computers here are mine, and I'll run my personal software on these computers that erm, are not, erm, mine. Erm, yea, that, erm, can't be wrong." Grow up and learn some responsibility. Imagine you getting your car (school computers) parked (administered) by a valet (computer admin) who, while you were eating, figured since you weren't using the car, he'd go run a few errands. It doesn't fly. Now, the valet "[...] didn't sign a form promising not to [...]" drive your car while you weren't using it, but I'm sure no one would say that they were happy with the valet taking the car without asking.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    11. Re:What about spam? by FunkSoulBrother · · Score: 1
      "Did he? Then, you must also think that personal web surfing at work is "unauthorized" and you never do it. Yeah, sure you don't. Just remember next time you're doing it, you are engaging in theft from your company and, according to your own theorizing, you can and should be sent to jail and fined for that theft."

      Fine, but the personal web surfing, just like the RC5 was still wrong.

      People on Slashdot dont seem to understand that you can do something that lots of people do and it can still be technically wrong.

      Napster, personal web surfing, marijuana, online gambling. Just cause lots of people do these things doesnt make it technically right. Nothing is unfair about being caught breaking predefined rules. Its called risk. Everyone is risking something when they do these things. Someone gets caught, hell, they knew the risk, that it their own fault.

      Now personally i dont have a problem with any of these things. Hell i think laws should change. But it is silly fighting for someone who got caught breaking a known rule. Better to use him as an example of why that particular rule is unjust.
    12. Re:What about spam? by FunkSoulBrother · · Score: 1

      Why would you let a bunch of people you've never met make up your mind about right and wrong?
      This is why I bolded technically in the above post. I am not discussing the issue of Morally right or ethically right. I'm not discussing should I am disucussing is.
      I would never for a second let a government tell me that marijauna, for example, is wrong on some sort of personal level. However, everytime I smoke up I do understand that on a legal, technical level, this is wrong, regardless of my personal feelings on the law. If I were to get caught, whining on my behalf would be just that: whining. I knew what i was doing. When i've paid my debt to society, then I can start up a marijuana legaization rally or something. This holds for Napster, online gambling, and what have you. If you do something against a rule, no matter how insignifigant, and get caught, you should direct your attention to the fight against the unjust rule, not to the fight to save your own ass, IMHO.

    13. Re:What about spam? by mcleodnine · · Score: 1

      Yep there's a lot of assholes around here, but I don't think Mr. Dillon is one of 'em.

      The car radio consumes power. Period. However negligible it may appear to be compared to a 300 cu. in. motor, it still comsumes power.

      For example let's look at your basic AM/FM car radio rated at a mere 5 watts. It takes energy for the circuitry in the radio to generate a signal to drive the speakers to create the noise. Where does it get the 5 watts? From the alternator. Where does the alternator get it's power? From the mechanical energy provided by the motor. Let's hook up a thousand 5 watt radios to your car and see if the alternator can sustain that load. You will most certainly consume more chemical energy (gasoline) to maintain that load. Drive around town with your A/C on full time and tell me that your gas mileage doesn't completely suck.

      By saying that "the power would have been sent to ground" is complete bullshit. Unless there is a load between the source and ground, no work is done and no energy is consumed.

      I guess we're dealing with the same type of person here who will tell you that "heat rises" or that "it'll be 60 below with the windchill factor tonight. You'd better be sure your antifreeze can handle at least 70 below."

      I think the magnet on your forehead is on too tight.

      --
      one better than mcleodeight
    14. Re:What about spam? by natet · · Score: 1
      IANAL, but technically, since these computers were being used in a school environment, they were public resources. Unless he was explicitly going against some acceptable use policy, or breaking a law, he shouldn't be accountable.

      In a city I used to live in, the bus system was free and fully subsidized by the city. This guy being prosecuted is equivalent to him getting on the bus, and then getting slapped with a fine for sitting sideways on the seat.

      --
      IANAL... But I play one on /.
    15. Re:What about spam? by tchuladdiass · · Score: 1
      Actually, your car analogy isn't quite right. It would be more like... you hire me to pick up your car at your house and take it to have it washed. On my way to the car wash, I take a detour to a McDonalds Drive through, then I pick up a date to go cruising, then get the car washed and return it to you (with a few more miles and wear & tear). You couldn't prosecute me for stealing your car, since I had authorization and was hired to drive it, but you could potentialy sue me for the extra milage.

      Another car analogy would be a limo or cab driver that takes the uses the car for personal business during off hours.

    16. Re:What about spam? by sydb · · Score: 1
      Gee... the guy posts at two and thinks electricity is free!

      The mechanical load the alternator imposes upon the engine increases in proportion to the electrical load placed on the alternator.

      Really it does. Try it yourself. Get a hand operated generator; turn it without electrical load, then put a 100 watt bulb on it. You have to push harder.

      So in your car, the energy going to /dev/radio came from /dev/wheel, not /dev/null.

      --
      Yours Sincerely, Michael.
    17. Re:What about spam? by charnov · · Score: 1

      Now...now...Spack has been my nick for 12 years...don't go ruining my good name...heh

      --
      [RIAA] says its concern is artists. That's true, in just the sense that a cattle rancher is concerned about its cattle.
    18. Re:What about spam? by SubtleNuance · · Score: 2

      s/radio/air-conditioner

      ..and hes got you dead-nuts.

    19. Re:What about spam? by 1ridium · · Score: 1

      This argument does not hold up because a valet could of crashed the car. Where as if anything had actually happened to the computers he would have been able to fix them immediately - hence costing nothing.

      --
      Make it idiot-proof and someone will build a better idiot.
    20. Re:What about spam? by Rhone · · Score: 1

      Maybe if we started calling spammers "hackers" the courts would start assfucking them like they do to anyone who gets branded with that name.

      Probably not. It's not like the term "spammer" has much more of a warmfuzzy, positive connotation than "hacker". Associating the two would be more insulting to hackers than to spammers.

    21. Re:What about spam? by Kierthos · · Score: 1

      What makes all above-named activities perfectly alright is having a good head on you and being able to make your own decisions about what is right or wrong. Why would you let a bunch of people you've never met make up your mind about right and wrong?

      Congratulations. You've just described any process which makes laws that does not ask every last person affected by those laws. Your statement indicates that any laws made by local, state or federal government is "wrong" because they didn't ask you.

      Get this. Napster did facillitate unauthorized duplication of material. Millions of people used it. Is it wrong? Technically and legally, yes. Did that really stop anyone? Probably not.

      Marijuana is illegal. Millions of people use it. Is it wrong? Legally, yes. Is that going to stop anyone? Only the people who get arrested.

      The point is, just because something is wrong does not stop people from doing it, and just because lots of people do it does not make it ethically correct. The reason most companies don't "prosecute" employees who web-surf at work is because it generally isn't worth it. The reason the record companies haven't gone after every last person who downloaded a song from Napster is because it generally isn't worth it. The costs involved far outweigh any possible benefit.

      Having "a good head on" does not make things correct or right or legal. It probably minimizes your chances of being caught, but it doesn't make lighting up a fattie any less illegal.

      Kierthos

      --
      Mr. Hu is not a ninja.
    22. Re:What about spam? by Kierthos · · Score: 2

      Gee, that's funny, because I can turn on the radio in my brother's car without having the engine running, therefore it consumes no gasoline.

      What it does do is slowly drain the battery, because the engine is not running, powering the alternator and keeping the battery at charge.

      Regardless, the man is probably screwed. I know for certain that if I (or anyone else) had used the USC (South Carolina, not Southern California, more's the shame) computers for a stunt like this, I would be lucky if I walked away with expulsion. Considering that the admins gave MUD'ers a hard time even when no one else wanted to use the computers, they're an uptight bunch (understandably though).

      Although, I must say, they have no problems with SETI@home, or other shared processing programs that do not award prizes.

      Kierthos

      --
      Mr. Hu is not a ninja.
    23. Re:What about spam? by unicaller · · Score: 1
      Unless there is a load between the source and ground, no work is done and no energy is consumed.

      Not true, there would be no load, but even under no load the alternator(don't belive me take one that is not hooked up and turn it.) The power from your alternator is free in the way that you pay for it weater you use it or not.

      Drive around town with your A/C on full time and tell me that your gas mileage doesn't completely suck.

      Your A/C compressor(some use up to 15hp) runs off its own belt drive, it has a clutch to turn it on and off.

      Let's hook up a thousand 5 watt radios to your car and see if the alternator can sustain that load. You will most certainly consume more chemical energy (gasoline) to maintain that load.

      Wrong, ask any one with a high power amp in there car, you will use battery power if you go over what your alternator puts out then your car will stall when your battery dies.

      Sit down and shut up.

      P.S. Heat dose rise, hotair bloon anyone.

    24. Re:What about spam? by kbeast · · Score: 1

      thats great! a classic!

      .kb

      --
      Two Wrongs Don't Make A Right-- But They Make Me Feel A Whole Lot Better
    25. Re:What about spam? by mikethegeek · · Score: 4

      "So where do I go to sue the fuckers that spam me and cost *me* money. I am not a state, I'm a frickin' person. There's probably millions of dollars used in downloading spam (at least in Ireland with pay per minute Internet which is your only option really). A win in this case could be dangerous precedent for Universities that have large bandwidth with SETI clients and so on. Sort of like Napster as well (can't remember the links though when those Unviersities banned it)."

      Very interesing suggestion, as what this guy is accused of is more or less what spammers do, especially the ones who exploit open relays.

      Maybe if we started calling spammers "hackers" the courts would start assfucking them like they do to anyone who gets branded with that name.

      I believe this guy deserves to be punished, but what he did was at WORST a misdemenor. He deserves at worst a fine and/or community service.

      The fine and punishment the prosecutors are going for are TOTALLY out of porportion to the crime. There are drug dealers and people guilty of VIOLENT crimes like assault who get FAR less.

      --
      === The price of freedom is eternal vigilance
    26. Re:What about spam? by kilgore_47 · · Score: 2

      I believe this guy deserves to be punished, but what he did was at WORST a misdemenor. He deserves at worst a fine and/or community service.

      Why does he deserve to be punished? Unless he signed something saying he woouldn't use school computers for personal net use, he didn't do anything wrong!

      ___

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    27. Re:What about spam? by kilgore_47 · · Score: 2

      Napster, personal web surfing, marijuana, online gambling. Just cause lots of people do these things doesnt make it technically right.

      What makes all above-named activities perfectly alright is having a good head on you and being able to make your own decisions about what is right or wrong. Why would you let a bunch of people you've never met make up your mind about right and wrong?

      ___

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    28. Re:What about spam? by onepoint · · Score: 1

      Just a quick note.

      The belt drives the alternator. The alternator can use from 1 hp to 5 hp depending on the type.


      --
      if you see me, smile and say hello.
    29. Re:What about spam? by Anomymous+Coward · · Score: 1

      Anyone who takes a job with a university computer department (i'd be willing to bet) has to sign a waiver very similar to that. It's basically standard policy. University computers are for university use, period. He (again, i'm 99% sure) violated policy, which is illegal. It's his fault, he'll have to deal with it.

    30. Re:What about spam? by fors · · Score: 1

      Actually you don't have any rights to do anything with any computer system except as specifically authorized. You don't have the right to install any software or use it for any purpose that is not specifically authorized by the appropriate authority. Some places will have you sign a paper so that they have a record showing that you are aware of what is allowed and not allowed but it really isn't necessary. All they really need to do is go to court and say that you were never given permission to make any changes to the system.

      --
      "If there is nothing you are willing to die for, then you are not really alive." Myself
    31. Re:What about spam? by fors · · Score: 1

      By virtue of your job you have permission to install those programs necessary to do your your job. A Systems Admin by definition has permission to administer the system. I will practically guarantee that you don't have permission to install software that has nothing to do with the business that you work for though. A user does not have such freedom to install programs because it is not in the best interest of the entity that owns the systems. If you allow your users the right to install software on your systems without permission then you have no means to defend yourself if a software audit is done and it finds illegal software on some systems. You also run into serious performance problems and also support problems.

      --
      "If there is nothing you are willing to die for, then you are not really alive." Myself
    32. Re:What about spam? by Monkeychunks · · Score: 1

      I aggree with this and put it a step further: It's certainly more than time that costs money, how about when your mailbox fills up quicker than you can empty it in a few days from spammers? If hotmail for instance developed a super duper magical filter that eliminated 100% of spam, their servers would be 1/10th the size. Therefore, I reckon that we need more companies like bibliotech who actively sue the people clogging up their service with bogus material.

      And I aggree with the Ireland being awful for dialup. I moved, and I'm not coming back until cable modem access is pletiful and good. Over and out.

      --
      "We kill to cure, with cures that kill" - Skinny Puppy
    33. Re:What about spam? by Saint+Fnordius · · Score: 1

      I recommend the term jackers, as a short form of "Junk Mail Hackers".

      It has the advantage of already being loaded with negative, even criminal connotations. First, it could be associated with hijack (they're stealing storage space, potentially clogging your mailbox); second, it could associated with jacking off ("Those scumbags keep jacking off on my POP account!" or "My Hotline account just keeps getting jacked")

    34. Re:What about spam? by J.A.+Lizzi · · Score: 1
      This is what we're talking about. If he didn't sign a form promising not to install third party software, then it wasn't unauthorized.

      Assuming the college has a computer policy similiar to the one I used to work at, simply by having an account, he agreed to a whole bunch of stuff. And if he worked for them in some capacity, as it is implied here, that he probably agreed to even more stuff on top of that.

      The college I used to work for has an "Accetable Use Policy", which basically covers a whole lot of ground on what is and is not accetable to use one's account for. There's also an overriding clause in there about "abuse of the system" and "denial of service for other users". (Not just DDoS attacks, but anything which uses up large portions of systems resources...)

      However, the standard method employed in cases like these was to kill off the offending process, and send a nicely worded "Don't let us catch you doing this again" note the first time or two. Further attempts resulted in account suspensions, talking to by us (the Sysadmins/tech folk), threats by Deans, etc. Or, in the case of an employee (even a student employee), being fired.

      Prosecution was generally reserved only for those people who used their accounts to stuff clearly illegal... (and no, I am not allowed to cite any cases)

    35. Re:What about spam? by ouija147 · · Score: 1

      Semantically, it might be ok to say heat rises, but physically it is incorrect.

      Given two air masses, one cold and one hot, the colder denser air mass will sink which will force/push the hot air mass up.

      As an experiment try this, put a ping-pong ball at the bottom of a box and fill the box up with marbles. Then shake the box. The smaller heavier marbles will force the ping-pong ball to the top.

  104. 59cents/second can't be the right figure. by hey! · · Score: 2

    I originally thought they did some combination of handwaving and fudging with substituting average costs for marginal costs -- but then I did the math.

    $0.59/second is $2124/hour.

    I mean, there is prosecutorial zeal and all that, but really this would be an absurd figure to put even to an inexperienced jury. You could pay somebody to set fire to a fairly nice computer every hour at that rate, or pay for the equivalent of a T1 of bandwith in under half an hour.

    Also, note that this amounts to a claim of 195 hours "stolen", which seems pretty small if this guy was in charge of configuring a large number of computers.

    Perhaps the figure being asserted was 0.59 CENTS/hour, and 19,500 hours "stolen". Assuming a a hundred machines working the eighteen off hours every day, this works out to about ten or eleven days operation; or perhaps it was ten machines for a hundred days.

    0.59 cents per hour is $21.24/hour, which also seems like a more presentable figure, although still quite high. This might be a standard rate for an hour of computer time quoted on grants, assuming that normally this is dominated by operator costs, and throwing in an indirect cost rate of 25-30%. I know this is unfair in this situation but I assume this wouldn't matter much to a sufficiently unscrupulous prosecutor, whereas being laughed out of court would.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:59cents/second can't be the right figure. by Ioldanach · · Score: 1
      So basically, they think he used (in the course of 2 years) 195 hours of computing resources. Remember, some organisations still think of machines like the old mainframe systems, with cpu time being charged per second.

      Lets do the calculation, then, shall we?

      .59/sec * 3600 sec/hours * 195 hours = $414,180

      So, that's where they came up with their figure.

      He was probably running it on some fairly expensive machines (university enterprise class servers?). 195 hours is just over 1% of the time available for two years. Therefore, if he installed the clients on, say, 10 machines, he increased their load by about .1% each, averaged over the course of the usage.

      Wow, better fine him top dollar!

      Sure, he shouldn't have done it, but the numbers just don't add up. Particularly the .59$/sec figure.

  105. Re:Wow, I almost did that... by generic-man · · Score: 3
    At my university, I used to have the distributed.net client installed in my home directory. On login, I would start the client, and then I would shut it down on logout. On cluster machines where I was the only one using the machine at the time, this worked out just fine. However, I did not discriminate in my script; it also ran when I logged into one of the public Linux servers via SSH.

    One night, I was taking care of some e-mail using Pine at around 12:30 AM. I closed my e-mail client, dinked around for a little in the shell, logged out, and went to bed at around 12:40 AM. (It was an early night for me.) The following morning, I checked my e-mail. I had in my inbox, eleven times, the following note. I paraphrase, but the tone is the same.
    WHY ARE YOU TAKING UP 100% OF THE CPU????? THESE MACHINES ARE A SHARED RESOURCE! SHUT DOWN YOUR DISTRIBUTED.NET CLIENT *NOW!!!!!!!!!!*

    The messages had all been sent right before I logged out and took my dnetc instances with me. However, I quickly put an end to that script right then and there. My roommate and I got a pretty good laugh out of it, too. :)
    --
    For more information, click here.
  106. Its happened before by bored · · Score: 1

    A couple of years ago I was part of the IBM distributed.net team. I wasn't even working at IBM when I recieved this message.



    Folks, if you're no longer part of the IBM distributed.net team,please ignore this.

    Folks, my manager just told me some disturbing news and asked me to take some actions so she wouldn't have to reprimand/fire me. Apparently an employee in Raleigh was just fired, and as part of the investigation by an IBM attorney the fact that the employee was involved in running the distributed.net client was discovered. Apparently because the team is NOT approved by IBM management (it never has been, in case you didn't know) and distributed.net offers a cash prize, employees are NOT allowed to use IBM equipment to participate in distributed.net.

    Since my name is listed as the team contact, I was asked to do some things. Basically, remove IBM's name from the team information. I've done that. So the team is now called "Team #817" until someone comes up with something better. BTW, if anyone else wants to be the team contact, let me know.

    As individuals, I suggest you cover your own butts on this one. If you're using IBM equipment, please don't tell me, just stop.



    Traditional BS from a large corp. Idiots, they will pay millions on advertising but the free advertising of being one of the better ranked Distributed.net teams isn't worth violating a twisted interpretation of the 'ethics' policy.

  107. Re:Need more information... by Malcontent · · Score: 2

    Throw a hundred random poor but innocent black people into the legal system and see how many of them come out the other side free. I bet maybe 40% if the judges were awake during the trials. Accuse them of drug dealing and I bet you could lock up 70% without even trying.

    Our legal system is broken and useless unless you are rich or a republican.

    --

    War is necrophilia.

  108. Aha! by Skater · · Score: 1

    Well, now I know why the network was so slow when I was at the University of Georgia!

    --RJ

  109. Re:Burden of Proof: Show He *Wasn't* Authorized. by Steve+B · · Score: 1
    The person carrying out this campaign against McOwen is certainly clueless, likely vindictive, likely monomaniacal, and *committed*. Once a person like that starts a campaign, they'll push it as far as possible. They won't know when to give up.

    That's why, as I said originally, the laws against distorting evidence in order to create a proseuction case out of blue smoke and mirrors need to be rigorously enforced.
    /.

    --
    /. If the government wants us to respect the law, it should set a better example.
  110. Re:Burden of Proof: Show He *Wasn't* Authorized. by Steve+B · · Score: 2
    I'd be more than happy with a simple reprimand. It's a matter of fairness after all -- we think the charges against Mr. McOwen are excessive; it would behoove us not to levy similar charges against the prosecuter's office.

    The cases are not similar. Fabricating evidence in a criminal prosecution (the original premise was that the prosecutors would deserve a reprimand for "falsifying financial figures to achieve a felony prosecution") is a far more serious crime than anything McOwen is accused of doing.
    /.

    --
    /. If the government wants us to respect the law, it should set a better example.
  111. Re:Burden of Proof: Show He *Wasn't* Authorized. by Steve+B · · Score: 3
    with the prosecuting attorneys being reprimanded for falsifying financial figures to achieve a felony prosecution

    Reprimanded, shreprimanded. It should achieve their own felony prosecution.
    /.

    --
    /. If the government wants us to respect the law, it should set a better example.
  112. Re:And the problem is...? by greenrd · · Score: 1
    You are a troll, and you didn't bother to read the post you're replying to.

  113. Re:Good. by greenrd · · Score: 1
    Using other peoples computers and bandwidth (reguardless of how little they will be affected by it) for your own personal gain is just plain evil.

    So if I run one quick program on someone else's machine, something that doesn't affect anyone measurably at all, that's evil? Are you a fundamentalist... no wait, you must be.

  114. Re:Text of post, comments by greenrd · · Score: 1
    the State of Georgia is saying E-mail costs 59 cents per second

    This is bogus. A single dnet client cannot cost 59 cents a second, and neither can a single email. I'm 99% sure it's a troll.

  115. Re:Text of post, comments by Dead_Smiley · · Score: 1

    It's prolly just a scam to get us all to spam the e-mail address: cdjoyner66@aol.com

    --
    I know what the Internet is, what the hell is this Interweb business?!
  116. Companies that don't suck, take two. by devphil · · Score: 2


    I was about to post a followup to my own followup, saying that my tone may have (upon retrospect) been a bit sharp. But then I saw your post, so this post now bears double duty...

    Where I work (IBM), reading sites like ./ is encouraged in my department (though not to the expense of not getting work done). I'm a QA tester, so I have LOTS of dead time while waiting for this or that to time out, etc, and surfing ./, The Register, Toms Hardware, etc, are "in the line of duty", IMO, as they increase my knowledge, and thus my value.

    Sweet! IBM is sounding cooler and cooler all the time. I distinctly recall the Apple TV advertisement that ran once during the '84 Olympics, announcing Macintosh, and portraying IBM as the Big Brother (1984, get it?). I guess IBM has been undergoing some revamping of their corporate culture.

    And at the same time, SGI -- who was one of the neatest places to work at -- says they're killing off their employee's website. Bummer.

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:Companies that don't suck, take two. by Storm+Damage · · Score: 1

      "Sweet! IBM is sounding cooler and cooler all the time. I distinctly recall the Apple TV advertisement that ran once during the '84 Olympics, announcing Macintosh, and portraying IBM as the Big Brother (1984, get it?). I guess IBM has been undergoing some revamping of their corporate culture."

      Not to pick nits, but that commercial actually aired during the '84 Super Bowl.

      It was an excellent commercial, though. There used to be a copy of it hosted at www.adcritic.com in the archives under Apple. They removed it when Apple threatened to sue, but there's another copy here, which also includes text translating the rather scratchy voice-over.

      I can't say how IBM is as a place to work nowadays, but I hear back in the early 80s it was a bitch. A fellow I know worked at their South Florida office around that time, where they enforced a strict white shirt, coat and tie dress code...even in the summer. I can't imagine what the smell must have been like on 98-degree 98% humidity days, which is pretty much every day from May to September in Florida.

    2. Re:Companies that don't suck, take two. by mikethegeek · · Score: 2

      "Sweet! IBM is sounding cooler and cooler all the time. I distinctly recall the Apple TV advertisement that ran once during the '84 Olympics, announcing Macintosh, and portraying IBM as the Big Brother (1984, get it?). I guess IBM has been undergoing some revamping of their corporate culture."

      At my level, it's a VERY cool place to work. And, IBM is far less "stodgy" than I expected. Everyone wears blue jeans and t-shirts, including the managers. It's almost like IBM caught on to the 80's in the early 00's.

      And I faced more "big brother" at the small computer VAR in West Virginia I used to work at.

      --
      === The price of freedom is eternal vigilance
  117. Really bad example there... by devphil · · Score: 2
    the problem is the fact that the punishment is about the equivalent of executing someone for smoking in a no-smoking section.

    You know, actually, that doesn't strike me as so bad...

    *straight face*

    Well, mostly. :-)

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
  118. And the problem is...? by devphil · · Score: 3


    Okay, so maybe the penalty is a little steep, but how many times are we going to rehash the same damn story on slashdot? (Oh yeah, I forgot that the collective attention span here lasts abou- hey, look, shiny things.)

    It's very simple, folks:

    1. It's your employer's computer, not yours.
    2. You didn't ask your employer's permission to use your employer's computer for non-work-related activities.
    3. You're in trouble.
    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:And the problem is...? by Bios_Hakr · · Score: 1

      I've been wasting 2 yeard on D.Net:)

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    2. Re:And the problem is...? by Kizeh · · Score: 1
      It is hard for me to comprehend that someone would seriously consider that the appropriate penalty for a crime has anything whatsoever to do with the time a prosecutor / police has to spend investigating and prosecuting. The penalty has to do with the crime, with the damage done, taking into account circumstances and the perpetrator.

      Otherwise law enforcement turns into a for-profit business where the goal isn't to deter crime or protect society. The goal will be legalized slavery and high-way robbery. This will be a surefire way to demolish any respect for the law or society.

    3. Re:And the problem is...? by matman · · Score: 1

      Sounds like the prosecutor deserves a bit of career damage; wasting 18 months on distributed.net? That's incompetent.

    4. Re:And the problem is...? by Col.+Panic · · Score: 2
      You don't have to use drunk driving as an example of light penalties for serious crimes. People charged with attempted *murder* can get 5 years or less in jail. Talk about putting lives at risk!

      You said the magic words: "financial penalty". It is this sort of prosecution that makes me crazy - the FBI asked several companies for an "estimate" of damages incurred by Kevin Mitnik's hacking of their proprietary secrets and the answers were equally wild. $0.59/sec for each and every second of dnet bandwidth usage? Doubtful.

    5. Re:And the problem is...? by MattW · · Score: 2

      Is it that simple?

      (1) Where's the Employment Agreement/Guidelines which state that installations had to conform to a standard, and that non-impactful software was banned?

      (2) Where were his supervisors/managers in reviewing these installations? He was probably a student getting minimum wage to do installations, and then they leave his work completely unauditted for years, and then try to collect $400k? Um, sure.

      (3) While we're at it, what is the criminal charge? It's one thing to hack a computer and install a dnet client, but they gave him the access. He misused it, certainly, and might have a tortious liability, but misperformance of a job does not make you a criminal. "Unauthorized access" is NOT the same as "Unauthorized actions". That goes 10x if there wasn't a very explcit prohibition on what he did.

      It's all funny to chime in on the, "He's getting what he deserved!" bandwagon, to prove that you're not one of those damn slashdot hippies that thinks there should be no responsibility, but really, what's happening to him could easily be a horrendous miscarraige of justice. Think for a minute how you'd feel being bent over by a former employer who decided after the fact that what you did wasn't acceptable. It's real easy to take a cheap shot at the guy, but if you don't realize how the average person can be screwed by overzealous prosecutors and mindlessly format and litigious universities, then I can only hope you get don't end up in the same situation.

    6. Re:And the problem is...? by MattW · · Score: 2

      Cite an example. The worst DJ maneuver I've EVER heard of was "Man Cow in the Morning", on Wild 107 in the Bay Area, who, after clinton stopped traffic at SFO (airline takeoffs, not cars), to get a haircut on the tarmac, stopped the bay bridge to give himself a haircut, causing an uber traffic jam the whole morning.

      He wasn't even fired.

    7. Re:And the problem is...? by MattW · · Score: 3

      Even IF the employer had guidelines stating that no unauthorized software was to be installed, that simply means that he erred in the performance of his job duties. To try to come up with a suitable analogy, think of this:

      John Doe is a radio DJ. He is responsible for playing the hits, chatting it up between songs, etc. He has a very specific format he's required to stick to, and is absolutely prohibited from playing anything outside that. One day, he's totally taken with a certain band, and decides he'll just 'slip in' a song from them, even though it isn't on the approved playlist. Next thing you know, he's hauled off to prison for trespass, breaking and entering, etc, because he did something during his job he wasn't supposed to.

      That's the meatspace equivalent of what's going on here. The man in question had a job, and MAY have violated job guidelines (stating that RC5 is 'personal use' is only borderline correct, in any event, since it is really a donation of time for community benefit. If he named the team/entry after his employer, he could be said to be doing it on their behalf, albeit unauthorized). In any event, he used his discretion to install software they did not want. This is almost certainly cause for termination of his employment, but is absolutely not criminal. His access to the machine was authorized. I'd sure like to see what he's being charged with, but I'd imagine the prosecution would have to construe his actions as willfully malicious in order to prosecute him. On a side note, at my employer, we regularly netbooted new servers with rc5, and ran it until they were prepped to go into production, and did so without permission. When our boss found out, he just said, "It's not on the production stuff?" And it wasn't. I'm sure if it HAD been, he'd have said, "Don't do that." and that would have been the end of it. He shouldn't b getting community service OR jail time, or ANY fine. He may have misperformed his job, but unless he did so in a willfully negligent manner or a malicious manner, then their only remedy should be terminating his employment. My own experience tells me that RC5-on-the-side is generally considered to be non-harmful, and in fact, at one point (in a ~400 person company, at the time), I was discussing with the MIS manager the idea of booting an RC5 client onto all boxes on the network automatically!

      Not only that, but I hope we (as in, the judge and jury) are smart enough to assess real damages, notice the gross inflation by the prosecution, and consequently chastise them and dismiss the case.

    8. Re:And the problem is...? by harveyjc · · Score: 1

      And that is the point of the whole story

      We require all users to sign a legal statement to the effect that they are aware that the installation of non company approved software or applications is strictly forbidden and the penalties include but are not limited to instant dismissal, recovery of costs to rectify, legal costs, legal action and or criminal charges.

      All staff MUST sign this before they are given access to the network environment and it is updated as things change and staff informed.

      The fact is these systems are the property of the company you work for NOT your personal property and thus you have no legal right if you install something you are not supposed to.

      I have rebuilt countless PC's - 'i just had to install X game or X program', i constantly have my staff rebuidling notebooks (mainly to remove porn dialers or trojans downloaded from the internet), i have to run a complex mail firewall to keep out VBS viruses, trojans, porn and other crap, yet you think this is not a problem ?

      My company does sack staff for this - we sacked 10 staff for the naked_wife virus alone - Misuse of company systems is misuse - there is no GPL or free speech justification.

      (this does not apply to internet usage - we still have a fair use policy on that for personal usage - but judging by the usage report im looking at now that will change as well - yes appears playboy.com is now a work related site)

      Think about this - SOMEONE has to remove the software and fix any damage you caused. Break the rules - pay the price. Maybe the price is a bit harsh (and do any of you seriously think he will go to jail for 15 years ? come on grow up)

      This is the same as the Killustrator debate - you cant just ignore the rules just because you dont care about them or think that you live in some magical world where they dont apply to you - society lives by rules - no rules no society.

      --
      "Sanity is an illusion of the diseased mind"
    9. Re:And the problem is...? by harveyjc · · Score: 1

      im guessing that this is aimed at my earlier comment

      dont trivialise the realities we work in - get a job in a corporate MIS dept and then tell me your opinion - spend a few years fixing pointless fuck ups caused by users who wanted that game, reparing viruses that they were warned about.

      More still YOU prove to me that an attachment called naked wife is in ANY WAY work related. When a user is warned NOT to do something and then does it anyway and costs the organisation money it called carelessness and unwillingness to follow instructions and it has consequences - you dont ever get the choice of rules you follow - you cant say i will follow that one about not stealing money but i will look at this porno picture.

      This is from someone who spent 36 hours at his desk rebuilding servers because people could not be fucked reading warning emails about the melissa virus - cost to us - only a few million bucks.

      So yeah we sack you for opening shit you have been told not to - and as someone who has to fix the mess i could give a fuck what you did in the past - nothing gives you a free pass to ignore what you are told - thats called EMPLOYMENT

      --
      "Sanity is an illusion of the diseased mind"
    10. Re:And the problem is...? by harveyjc · · Score: 1

      aimed at me i suspect
      Yeah i run things not 100 percent required

      Just not anything that needs a constant web connection - i work in a company that has a fair use internet policy i helped write - personal use is accepted within guidelines - which are being ignored and will result in this being removed.

      Dont dare called me a hypocrite when you DONT HAVE THE BALLS TO POST UNDER A USER NAME

      And re read my post moron i was talking about PRODUCTION SERVERS which is what this guy is in the shit about.

      whos a troll then ?

      --
      "Sanity is an illusion of the diseased mind"
    11. Re:And the problem is...? by Trepalium · · Score: 1
      Well, I think he deserves some kind of punishment, but what the prosecutors are proposing is absolutely stupid. We have someone who didn't act out of malice but rather just made a stupid decision, and they want to throw him in jail for a ridiculously long term. A more proper remedy to this would probably be something like community service and/or a small fine ($1,000-$5,000). There's no reason to turn a kid that would otherwise be a healthy member of society into a hardened criminal by throwing him in jail. He needs a slap on the wrist, not jail time.

      If anything this is a case of the prosecutor and employer wanting to make an example of him. Utter stupidity.

      --
      I used up all my sick days, so I'm calling in dead.
    12. Re:And the problem is...? by mdw2 · · Score: 1

      But drunk drivers aren't "hackers", they are "people with an addiction beyond their control", or some other bullshit.

      Want some indy electronic (and other) music?

      --
      This sig intentionally left blank.
    13. Re:And the problem is...? by gengee · · Score: 4

      This is the typical reaction I would expect from Slashdot.

      Okay, so maybe the penalty is a little steep

      Yeah, maybe. Even if you assume they bought 200 computers for 1500$ each, he was using a full T1's worth of bandwith and that the computers in qestion are all now broken beyond repair, the fine alone still outweighs the cost to purchase completely new computers. This is without mention of the prison term. Regardless of whether or not he's sentenced to that term - or even convicted - the danger here is the precedent that this sets.

      You didn't ask your employer's permission to use your employer's computer for non-work-related activities.

      Nor did you, I suspect, when you posted to Slashdot last week Thursday, Tuesday, and Monday. We all use our work computers for non-work-related activities. We all don't goto prison for it.

      He /was/ fired for this. That would be the typical employer reaction. The problem here is that Georgia's Attorney General's office obviously knows nothing of computers or technology. Im sure that whomever is prosecuting this case was presented with the facts in a manner that would portray David McOwen as a 'hacker.' (He put a virus on your computers that cracks encryption!). Needless to say, however, this did not hurt the school district in the slightest. Noone noticed for 2 years. That says something about just how transparent Distributed.net clients are.
      The danger is in the ///precedent///.
      signature smigmature

      --
      - James
    14. Re:And the problem is...? by pclminion · · Score: 1
      When drunk drivers who put *lives* at risk don't get that sort of time, much less financial penalty, (especially on a first offense!), this becomes an abuse of the law and of law enforcement.

      And this surprises you? Have you forgotten that this country's government caters to corporations and not individuals? What does it matter if one individual dies, when there are crimes being committed against corporations? The law isn't being abused; it has been purposefully constructed to protect (to a zealous degree) the "rights" of corporate entities at the expense of individuals and human dignities.

      You can do a few things: vote in the next election, move to another country, or turn to a life of crime trying to outwit the f***ers. But don't waste your breath here on Slashdot.

    15. Re:And the problem is...? by nick_davison · · Score: 3
      Unfortunately, legal systems and penalties rarely have much to do with common sense.

      There was the famous case of a guy in Britain who was sentenced more stiffly for dropping a crisps (chips) packet in front of a police officer and refusing to pick it up than the guy a few courts down who was found guilty of a sexual assault but managed to avoid jail time.

      Then there is the side of the publicity value. If Georgia sued him sanely, they'd have a pointless day in court, persecuting some guy who's not in a position to repeat it. Sue him to hell and back and it'll get on the news, it'll be discussed in every IT dept tied in Georgia and they'll have all of their admins desperately tidying up their systems for the cost of filing a lawsuit. It's not right, it's not fair, but it certainly makes good business sense.

    16. Re:And the problem is...? by ocbwilg · · Score: 2

      That sounds really familiar. I recall in my college days having to drive one of my friends to court in another state. Her previous employer had apparently caught her red-handed pocketing cash from the register. I can't remember how much it was, other than it was around $1000 (over the course of several months).

      So anyway we waited and waited through the preceeding cases. One of them was a man who was being given his second DUI conviction. He got a sentence that was mostly suspended, so he actually wound up having to serve 3 days. Before the bailiff took him off to the county jail, the defendant complained that he had already missed the dinner meal at the jail (he'd apparently been in before and knew the feeding schedules) and asked if he could go across the street and grab a hamburger before he went in, and the judge let him.

      My friend was given a sentence of 30 days, suspended down to 3 days to serve, plus having to pay restitution, plus 100 hours of community service. I normally would have considered that a reasonable sentence for the crime, had the DUI guy not been in front of us. Sometimes it makes me wonder...

      Say "NO!" to tax money for religious groups.

    17. Re:And the problem is...? by EulerX07 · · Score: 2

      Just one thing though :

      You didn't ask your employer's permission to use your employer's computer for non-work-related activities.

      Through what god-given talent can you say with 100% that he did not have permission, let's look at this scenario:

      Admin: Oh by the way Bob, I put a little client on the machines, but it will only work when your computers are not used.
      Bob (the supervisor at that time): Sure, no problem.

      Two years later the guy is looking at 15 years in jail, and Bob is working for a school district in Portland. Let's face it, we do not have all the information at hand to make such harsh judgments as the one you made.

    18. Re:And the problem is...? by aka-ed · · Score: 1
      If I were an employer I would rather see my idle bandwidth used on a game server than "contributed" to some unknown entity, for end purposes that are pretty much undetermined. (I'm still pissed that "contributing to IMDB" became "working for Jeff Bezos wthout compensation.")

      I want to get drunk with Hoagy Carmichael and

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    19. Re:And the problem is...? by aka-ed · · Score: 1
      I know what dnet's about and I also trust them; I was putting myself in the place of the real folks who can't be expected to know anything about them, who find out they've been involuntarily facilitating their work.

      Nothing really shady about IMDB, it's just that Amazon owns it now. You can still contribute if you like, and I still find it a useful resource. But it's also a shill for their video business.

      I want to get drunk with Hoagy Carmichael and

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    20. Re:And the problem is...? by GnuBeest · · Score: 1

      I think, in the midst of all this "but what about all the recreational office Web use" talk, we need to realise the difference between the much more benign (and commonly outlined and accepted by employers) practise of filling your spare time with sporatic bursts of CPU and bandwidth with extraneous Web traffic during office hours, and installing clients (and likely a proxy) that take whatever's left of that computer's power 24 hours a day. Their figure seems arbitrary (especially since they're making such a big deal of the bandwidth, which is fairly trivial with RC5 clients), but there's clearly damages here of some sort that can be collected, if not something tangible that can be metered and tabulated. I'm still waiting for some of these folks running gaming servers on office equipment after-hours to get caught, if we're gonna talk about serious bandwidth.

    21. Re:And the problem is...? by GnuBeest · · Score: 1

      If you ever start a business, please be sure to look me up. ;) Seriously, I honestly think Distributed.net's intentions are fairly innocent -- which is a helluva lot more than I can say for the whole distributed "cure-for-cancer-it's-not-for-profit-honest-well-a t-least-not-yet" project. Large-scale distributed computing is a big deal, and they've been instrumental in showing that it CAN be done. Besides, there's a lot of folks that enjoy doing things just because it's there. By the by, what's the deal with the IMDB? I've made submissions before, but I'm pretty ignorant of any shady goings-on, and I'd be curious to know. I'm unfortunately not much of a fine-print reader when it comes to contributing to "public" databases, even when commercial ties are apparent (which, more often than not, tends to be the case anyway).

  119. non-work-related activites by devphil · · Score: 4


    First Law of Slashdot: Every extreme example must be countered by an equally-extreme counterexample.

    You didn't ask your employer's permission to use your employer's computer for non-work-related activities.

    Nor did you, I suspect, when you posted to Slashdot last week Thursday, Tuesday, and Monday. We all use our work computers for non-work-related activities. We all don't goto prison for it.

    *sigh* Of course not. Clearly every employer who doesn't have their heads shoved up their own arse -- and even some that do -- recognize that some company time/resources will be lost for purposes of morale. Reading slashdot is like setting aside part of an unused cubicle for a small fridge and a coffee machine, or getting a phone call from the SO to remind you to pick up milk on the way home. No, they aren't strictly work activites, and no, they don't bring in immediate revenue (or whatever).

    (The number of people who like to point this out every time the topic comes up disturbs me. What's required is good judgement. My boss doesn't care if I use the web to look up movie times for that evening, but running my own MP3 streaming radio station from my office would be out of line.)

    And I repeat: yes, I agree the penalty is too steep. I just don't think the guy should get off scot-free in the name of science.

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:non-work-related activites by crucini · · Score: 2

      You are framing the discussion in terms of what the reasonable employer would or wouldn't permit. And within that framework you're right; the reasonable employer pemits some, but not all personal uses of its property.
      But a more important point is that no matter how unreasonable the employer, it shouldn't have the legal right to criminalize misuse of its resources. The penalty for misuse (as opposed to theft) of an employer's resources should be limited to termination.
      You say your boss doesn't care about thing1, but thing2 would be out of line. Suppose you misunderstood your boss, and he also considers thing1 out of line. This does not give him the right to throw you in jail.

    2. Re:non-work-related activites by mikethegeek · · Score: 2

      "sigh* Of course not. Clearly every employer who doesn't have their heads shoved up their own arse -- and even some that do -- recognize that some company time/resources will be lost for purposes of morale. Reading slashdot is like setting aside part of an unused cubicle for a small fridge and a coffee machine, or getting a phone call from the SO to remind you to pick up milk on the way home. No, they aren't strictly work activites, and no, they don't bring in immediate revenue (or whatever)."

      Where I work (IBM), reading sites like ./ is encouraged in my department (though not to the expense of not getting work done). I'm a QA tester, so I have LOTS of dead time while waiting for this or that to time out, etc, and surfing ./, The Register, Toms Hardware, etc, are "in the line of duty", IMO, as they increase my knowledge, and thus my value.

      --
      === The price of freedom is eternal vigilance
    3. Re:non-work-related activites by chuqui · · Score: 1


      >>> You didn't ask your employer's permission to use your employer's computer for non-work-related activities.

      >> Nor did you, I suspect, when you posted to Slashdot last week

      > First Law of Slashdot: Every extreme example must be countered by an equally-extreme counterexample.

      > *sigh* Of course not. Clearly every employer who doesn't have their heads shoved up their own arse

      And not all of us HAVE to ask our employers. Some of us post to Slashdot from home. More importantly -- some employers have intelligent usage policies, as long as you don't abuse them.

      Is the DA out of line? Yes. But -- why do people seem to think it's okay to do whatever they want, and are surprised when someone makes them follow rules? Or they get in trouble for ignoring them?

      --
      Chuq Von Rospach, Internet Gnome = When his IQ reaches 50, he should sell
  120. Re:To preempt all the "it's their equiptment" trol by Rix · · Score: 1

    I don't recall the legal term, but I believe ignoring a trespass for an extended period of time implies acceptance.

    So, yes, they had their 7 years to file suit, but only if they had it ordered stopped earlier.

  121. I think you're starting to see his point by HiroProtagonist · · Score: 1

    I think you're starting to see his point. We are very close to such a thing, if not already there in some areas.

    --
    --Remove chicken to e-mail
  122. Re:Good. by glitch! · · Score: 1

    Yeah, and you never read slashdot at work?

    I do :-) In fact my boss approves of it. He says I will even get a raise when my karma reaches 100!

    The only stipulation is that I have to get the moderators to post their names under my comments so that he knows they aren't fake.

    --
    A dingo ate my sig...
  123. Re:Huh? WTF? by gotan · · Score: 2

    In a University? give me a break!

    Sorry, but the action shout be in some proportion to the case in question, meaning:

    Those were probably machines, most networked together and accessible for any student who wishes to log in and has some networkwide account (i'm assuming from other Universities). In these circumstances it's near impossible to have high security projects on those machines. All in all, in university networks availability is more important than security.

    The process you describe is hence inappropriate to the case. The RC5 client doesn't even have known security holes, so the additional security risk due to the running clients is very low, regarding the environment (students that access the machines without getting some lecture about security, for one). So if you consider risk due to running an application with no known security holes high enough to make all that sanitizing necessary, most universities should probably sanitize their computers on a weekly basis.

    The most sensible course of action (and what probably happened) was simply deinstalling the client on the machines and be done with it.

    I don't know, how much of a 'worst case' scenario you want to make out of it, i simply think you're taking it a bit far there. Anyone could make that bill even higher by saying, that all Work done on those Computers in the past two years is to be considered compromised, all of it has to be done from scratch, and billing wor all that worktime and the costs of delayed projects (like you seemed to hint at with that accountant example in another post). Noone will do that, it's simply not realistic, but it can be used to calculate arbitrarily high damages.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  124. classic story by hitzroth · · Score: 1
    Big Evil Organization (tm) finds that Hacker Type Guy (tm) -- who got caught so we'll assume he weren't none too bright -- has comprimised site security. So, instead of giving him the whack on his ass that he deserves and fixing the problem they're gonna trump up obscene damages and demand equally obscene restitution. They intend to make this Hacker Type Guy (tm) another test case and set another prescedent. The Big Evil Organization will use this opportunity to scare off any potential Hacker Type Guys (tm) that might do something really nasty. Heh. Maybe they're gonna make the poor sap who discovered the "hole" pay for fixing it.

    Feh. Does it look like I care if I'm being redundant? Or off topic?

    --
    In mathematics, one does not understand things, one merely gets used to them.
    --VonNeumann
  125. Re:Wow, I almost did that... by Asgard · · Score: 1

    The people who wig out about 100% cpu usage seem to be the ones who have no concept of the 'nice' command and scheuling priorities. Plus, since ps doesn't take any appreciable CPU, they assume you are hogging it as they see 100%.

  126. Re:Wow, I almost did that... by Asgard · · Score: 1

    I had a similiar experience (from the user end) except that they didn't approach me at all, and users claimed that I made DNS break. No, I wasn't running it on a DNS server... nice +20'd, ran only at odd hours...

  127. Re:Does anyone have any real information about thi by reflector · · Score: 1

    He had full disgression on the software installed.

    There is no such word as "disgression", fool.

  128. This is a hoax by daveman_1 · · Score: 1

    Believe nothing you hear and only half of what you see. I think what you read falls somewhere in between those two.

    --
    Russian Russian Russian RussianDollSig DollSig DollSig DollSig
  129. It isn't as black and white as it might seem.... by oPless · · Score: 1


    Him
    1. He installed unauthorized software on machines
    2. He stood to make financial gain out of this act
    3. He should be berated for this action.

    Them
    1. 59 cents per second for data traffic? I don't think so.
    2. Was this a well thought out action, or just a political/knee jerk reaction ?
    3. 15 years in prison? !! Why, this man hasn't harmed others in this action - apart from his future employment prospects (I wouldn't employ him)
    4. This happened 2 years ago, wouldn't it be just easier to forgive and forget?

    I also did something similar, although I was in the UK, and at uni, my account got frozen, and I had difficulty persuading them to give me an account for my final year. My point is common sense prevailed, I was berated, and understood the whys and wherefores, I should of known better.
    Even though I only ran it over a weekend over all the uni's unix boxen I could find, by Monday Afternoon my account was frozen. I wasn't sued or expelled for my minor indiscretion, just had to apologize.
    This will be another point to add to my "Why I shouldn't move to the USA" list. Goddamn Americans, I'm glad we gave you independance :-)

  130. Re:It isn't as black and white as it might seem... by oPless · · Score: 1

    damn right :-)

  131. Re:It isn't as black and white as it might seem... by oPless · · Score: 1

    But not better language it seems :-)

    Hell you cannot even spell COLOUR right.

  132. What about electricity use? by sconeu · · Score: 2

    I could see billing the guy for the difference in electrical use between a sleeping machine and a machine running RC5. In CA, nowadays, that's probably not an insignificant amount. Perhaps his employer was budgeting for the Energy*Star savings on those computers?

    A $500K fine is ridiculous, and 15 years has *GOT* to be unconstitutional under the 8th amendment.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  133. Re:Need more information... by Kintanon · · Score: 2

    It's akin to a government office being budgeted too much money to build a highway, so they use the remainder on strippers. (Okay, so it's an over-the-top analogy; work with me here.)

    What makes you think that's over the top? Government agencies will spend money on ANYTHING at the end of the fiscal year just to make sure their budget doesn't get cut.

    Kintanon

    --
    Check out JoshJitsu.info for Brazilian Ji
  134. Re:Simple Solution by Kintanon · · Score: 2

    I work for the state of Ga too, and we'd probably end up having to patch up some kind of certif for all of the SCO servers... Of course, all of our MS stuff is compliant, so There! >:)

    Kintanon

    --
    Check out JoshJitsu.info for Brazilian Ji
  135. Re:Wow, I almost did that... by jerrytcow · · Score: 1

    I was going to install a bunch of that type of clients in a computer lab at a university. This seems a tad excessive, doesn't it?

    As long as you have permission to run it, no problem.

  136. there goes dnet's keyrate by jerrytcow · · Score: 1

    I wonder how this will affect distributed.net's overall keyrate. I'll bet there are tons of clients installed on school/work machines without permission. When word of this gets out it'll scare a lot of people enough to remove any traces of the client.

  137. Re:I agree, but a felony? by Ronin+Developer · · Score: 1

    Ummm...is embezzlement a serious crime? Yup. That's why it's a felony.

    Remember the story of the accounting software guy who transferred fractional pennies to his account? Nailed.

    How about that poor smuck who ran "New Era Investments"? Got 25 years for running a pyramid scam. Nobody died or was even physically hurt. On the same page, two time murderer received the same sentence. What's wrong with this picture?

    Using computer resources that don't belong to you and costing them money? Probably wouldn't have been an issue until the theft reached the level of "grand larceny". At that point, it became a felony. If someone "stole" 1/2 million from me (material or services) I'd want their ass locked up as well.

    This is not a government issue. Its about doing something you're not supposed to and getting caught. Then, its time to pay the piper.

    Amazing how many people seem to think that using somebody elses resources for unauthorized fun or profit is not a big deal. Then again, 1 out 5 kids todays (in the US) can't tell you what July 4th is about or even what country we sought our independence from. And, worse still, 1 out of 10 can't even tell you who the first president of the United States was (Abraham Lincoln...right?)

    If our kids are this ignorant, then no wonder they think stealing computer time isn't a crime.
    Of course, isn't it our state run school systems that are supposed to impart this knowledge? Maybe the gov't is at fault after all. Must be a conspiracy.

    RD

  138. Re:I agree, but a felony? by Ronin+Developer · · Score: 2

    Clearly, you must be one of the brain-fscking dead HS school students with no concept of history or law. You must have grown up in the "if I think it so...it must be so" world. Let's pray you're sterile. If not, grab a pair of sissors and do it yourself.

    Learn the law, asshole. As soon as you start using company resources against policy, you are potentially violating the law. When it is unauthorized and costs them money (as is a network connection to the internet) its theft. Plain and simple.

    The point is, there has to be a policy in effect. Employees are responsible for understanding the applicable policies (e-mail, network usage, etc.) These are promulgated via an employee manual, by law, at corporations. If there is no acceptable usage policy, then they guy has a fighting chance. But, I'd venture that there is a catch-all clause that covers theft of services or something like that. In the end, he will most likely lose.

  139. Re:I agree, but a felony? by Ronin+Developer · · Score: 2

    If they (MIS) installed it on your computer, then there it should be okay to run it provided you are doing so lawfully and it wasn't put there by mistake. Thus, most screen savers aren't considered a threat (unless you run them on an NT server where they consume 100% CPU time and drag your systems to a crawl...seen it..it sucks).

    Thinks like RC5 and Seti@home have alternative configurations that would allow them to run all the time, when idle, or as a screen saver.

    Next, then consume bandwidth. This is minor in most cases.

    Finally, they potentially expose the network to the outside. You have to worry about rouge versions of the program (or even improperly designed programs), theft of passwords from the remote system and a slew of other security related concerns that could compromise your network.

    Having seen the havoc a simple napster client caused by telling the whole world about our IP, I've seen thousands of attempts to garner access to our systems via telnet and ftp. Not just port scans, mind you, but real attacks. The activity increased exponentially when Napster was first responding to the legal order.

    I view Napster as one of the biggest security concerns for a business because it turns the client into a server. It is now an employment terminating event (via acceptable usage policy) to run unauthorized network endabled programs on our systems. Our employees now check with the authorized use of software or obtain permission from MIS before installing anything new.

    If they want to run something unauthorized, they can run it at home on non-company owned systems. Until their compromised system affects my systems, I don't really care what they do on their personally owned systems.

  140. Re:Simple answer... by kbs · · Score: 1

    Given that it's a University System, I suspect that any normal user in that system isn't allowed to use it for "for profit" purposes. Carnegie Mellon (to use an example I'm more familiar with) has an explicit "University Computers are a shared resource and may not be used for for-profit purposes." Obviously if you're doing work for the university, it's exempted... but RC5 clearly violates that. Computing Services freezes your account if they find you violating the terms of services, and there are some people who (on their spare time) go around mortis'ing nohup'ed RC5 clients...


    yours,

    --
    yours,
    kbs
  141. Good luck... by BlueUnderwear · · Score: 2

    ... finding any qualified personnel with that kind of attitude. You know, there are too many great career opportunities outside of the banking world, and no self-respecting geek will put up with your microsofto-sadistic tendencies for too long. One day, you'll be stuck with an entire staff of VB programmers, all incapable of designing a secure system... and eventually your sorry bank will be ass-raped by a bunch of thirteen year old script kiddies.

    --
    Say no to software patents.
  142. I feel a great disturbance in the force. by Criggie · · Score: 1

    I am the network admin here at Avonside Girls' High School in Christchurch, New Zealand.
    Here's our RC5 ranking
    I could be in the same sort of position as this gentleman, having done 13M blocks in 2 1/2 years in this job. My only difference is that we were on a flat-rate internet connection at the time I started.

    --
    -- Criggie
  143. insightful? by Ender+Ryan · · Score: 1

    Yeah, right, more like inciteful.

    You can take the license agreement and shove it, yeah, way up there. Next time you do something stupid, remember what you just said here, and go to your local police station and ask to be put in jail for 15 years.

    Mod the parent down, it's total bullshit.

    geez, the things people mod up these days, 15 years for d.net and he's got no one to blame but himself? yeah, and people should be executed for singing happy birthday publicly and not paying the appropriate royalties...

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:insightful? by pyite · · Score: 1

      Actually, I believe the copyright on the happy birthday lyrics is long up. Plus, you don't have to pay royalties for performance of a cover song, only for cover song recordings distributed for sale. Just my two nybbles.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

  144. Excuse me? by Ender+Ryan · · Score: 2

    That's pretty insulting. The slashdot crowd is not nearly so bad as yo... hey, check this out, sweet!!

    Seriously, the problem is the fact that the punishment is about the equivalent of executing someone for smoking in a no-smoking section.

    Do you want to go to jail the next time you check out a non-work-related website while at work, or any similar infraction? Because, that is what this amounts to.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  145. Re:rc5 output by _GNU_ · · Score: 2

    Well... my rc5 output isnt even visible on my mrtg of course... only 3 puters cracking at home ;)
    Not even the keymaster would use enough bandwidth to even lag anything above modem afaik...

  146. Hoax? by supabeast! · · Score: 2

    Has anyone considered that this is likely just a hoax? Doesn't it seem a little odd to just see this pop up on a message board?

    I think the /. crew have probably fallen for a random, stupid net hoax.

  147. Re:Huh? WTF? by LMariachi · · Score: 1
    Each machine must be suddenly power cycled off to preserve evidence, and it's hard drive must be physically removed and read out.

    That's a tautology of sorts. They'd be charging the guy for the costs involved in charging him.

  148. Re:Need more information... by fcd · · Score: 1
    According to this page, a David McOwen was a "Data Process Specialist" at Dekalb Technical Institue. Probably a pretty good chance it is the same guy.

    This is the only hit on "mcowen" a seach on the state of GA website brings up.

  149. That is way too expensive by TuxGrep · · Score: 2

    Correct me if I'm wrong but, I cannot imagine ANY means of connecting to the internet being THAT expensive.

    Even if you'd use a dialup, and dial long-distance with that to boost, the costs would not be even close to 59 cents per second. (which is 59x60x60=$2124 per hour!!!)

    How did they come up with those figures ?!?

  150. Re:Some point by kindbud · · Score: 1
    Best chance of getting the case thrown out is likely to be demonstrating a that running a crack program is considered acceptable academic behaviour at most universities.

    That's my favorite line in your post. Can I quote you out of context elsewhere?

    --
    Edith Keeler Must Die
  151. Simple answer... by JoeShmoe · · Score: 2

    Was there anything in the terms of service (to borrow and AOL term) that prohibited using such a client? Is not, then f them.

    I mean serious...if they gave you access to the computers (meaning you didn't hack into a bunch of University servers and install the client, which I suppose you could have done) then they have no business charging you for transfer fees. You have to agree to something before you owe a bill. If they told you "shut down the client or pay X per MB transferred" that would be a legal contract. They can't retroactively apply charges that you never agreed to pay.

    Not to mention, a single warez dood trading ISOs or VCDs will chew up a years worth of RC5 traffic. I do hear about any of them getting slammed with this kind of ludicrous charge, although plenty lose their connections.

    - JoeShmoe

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  152. Re:Maybe something to learn from this by Nonesuch · · Score: 2
    I fully agree. As an employee of a corporation, your sole purpose should be 'Maximize shareholder value'. Anything else (lives, laws, principles) is subordinate to this goal.

    In a University or other state-run institution, the primary purpose is to maximize taxpayer value.

    He did not have permission to install RC5, and doing so did nothing for the University or the taxpapers- thus it was wrong. As it turns out, it was also illegal.

    You say that you dismiss 'my Admin Staff' for installing 'unapproved software on systems regardless of reason'. I find it difficult to take advice from a manager who consistently misspells 'professional'.

  153. Terrible idea! by artemis67 · · Score: 2

    Remember, these are TAXPAYER DOLLARS that an audit will be burning through. Just because there are a few nutsacks in government doesn't mean that you should penalize the taxpayers.

  154. confirmation? by renard · · Score: 2
    so far all we've got here is one member's post on anandtech.

    anyone got proof of this one?

    this is where your 'traditional' media outlet - hegemonic or not - has the leg up on slashdot - they would have called the AG's office for confirmation before running an item like this.

    -renard

  155. $ 0.59 per second by kiwaiti · · Score: 1

    $0.59/s would mean approx. $64,000/month 24/7. Id like to have the kind of connection that could buy! Kiwaiti

    --
    Member of the Legion Of Microsoft Haters
    1. Re:$ 0.59 per second by Lacutis · · Score: 1

      How do you figure?

      $0.59 X 60 secs = $35.40
      $35.40 X 60 Mins = $2,124.00
      $2124.00 X 24 hours = $50,976.00
      $50,976 X 30 Days = $1,529,280.00 a month

      Does the University of Georgia own the Internet or something? ;)

  156. The money matters by jdcook · · Score: 1

    "Regardless of the bandwidth costs - say it only cost 59 a day - it's still money that the school/state wouldn't have had to pay if he'd done his job (and only his job)."

    Actually, the cost matters a great deal. The difference between 59 cents a day and 59 cents a second is over $50,000 a day. The statute under which he is charged probably (haven't looked it up) specifies a minimum dollar amount to make it a felony. Almost certainly over $1000. At 59 cents a day he would hav more than 4.6 bandwidth-years before he got to $1000.

    I suspect that his best bet is to argue the facts: Not that he didn't do it but the dollar amount "taken" doesn't amount to a felony. Good luck.

    --
    Q:How many libertarians does it take to stop a Panzer division? A:None. Obviously market forces will take care of it.
    1. Re:The money matters by legLess · · Score: 2

      I agree. However, I was talking ethics, not law. He didn't seem to care one way or the other if he broke the law, only that he not have to pay the consequences. My point was that, regardless of law, what he did was very likely wrong.

      "We all say so, so it must be true!"

      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
  157. Re:Distributed RC5 at ISP by Legion303 · · Score: 1
    You're not by any chance sharing an Internet connection, are you?

    Possibly, but the style of each of his posts is strikingly similar. Karma Whore? You betcha.

    -Legion

  158. Re:Burden of Proof: Show He *Wasn't* Authorized. by Steeltoe · · Score: 1

    Oh, *boohooo* you're living in an evil ignorant society, you can't do anything about it and we should all feel sorry for you and ourselves. We're all doomed. *waaaaaaa*

    Wake up, wipe off your tears and don't victimize yourself. Even playing quake is more risk to security and waste more bandwidth. You don't fire someone even for that. You set up rules and talk to the person(s) involved. If you should be fired for rules that wasn't written, how are you supposed to be doing your work? Sometimes even the best sysadmin needs password cracking tools, or educate himself in those areas. And please spare us for your crocodile tears.

    - Steeltoe

  159. Re:Some point by Steeltoe · · Score: 1

    The problem with the 'background task' argument is that breaking RC5 is not necessarily the best use to which those cycles can be put.

    The nature of the program is that it will prioritize itself down if other programs are in use. On this, the 'best use' argument falls apart. Effectively, the only argument against this on the task-level is wear-out of the CPU. A very tough point to prove damages from. People actually use these sort of programs to "burn in" new hardware. And he WAS administering the computer.

    Is it a federal offence to win prizes using a browser at work too now? A fitting symbolic punishment would be to fine him the prize money, since it's not that much. If I were his superior I would just ask him to uninstall it and not install such programs anymore (he was probably underpaid anyways). Talking often works wonders, maybe they should try that next time. Some people just take life too seriously, and then they die.

    - Steeltoe

  160. Why are they _really_ doing this ? by dingbat_hp · · Score: 2

    This is a facetious lawsuit. Any lawsuit launched by a big corporate (and US universities are some of the worst) will destroy the life of any normal human being who is targeted - even if they win. OTOH, they won't see a penny in damages, because the lawyer's bills alone will be enough to bankrupt the guy.

    So why are they doing it ? There's no real reason why anyone can complain about an RC5 client, and in the vast noise of shop-at-work and corporate pr0n surfing, it's invisible. Secondly, it's an admin's to install RC5 and VirtuaGirl clients (on a sacrificial machine), because you can guarantee that a user somewhere will do it, and it's best to be forewarned about it.

    I don't understand this at all, and I can only assume (with my paranoid hat on) that there's more to it than we're hearing.

    ...and of course, any admin's real power comes from the web proxy logs, and his boss' visits to farmsex.net (Hi Mike ! Still attending church regularly ? Still have that .25 IP address ? Still being a total bastard to your staff ?)

  161. Re:First thing you need to do is.... by FooGoo · · Score: 1

    I would like to thank everyone who voted for this post and helped make it the top post in this thread. I would also like to thank the academy and John Katz for being so annoying that I have to come to /. everyday to see what stupid topic he is expounding on today. Thank you all.

    --
    People who bite the hand that feeds them usually lick the boot that kicks them
  162. First thing you need to do is.... by FooGoo · · Score: 5

    Track down a copy of the acceptable use policies from the time you worked there and see if they prohibit the installation of unauthorized software. Also, did anyone help you do this and was your supervisor aware of this? You need to start tracking down other employees that you may have told about this. You need to show that it wasn't against their internal policies or that it wasn't kept a secret from the rest of the organization.

    --
    People who bite the hand that feeds them usually lick the boot that kicks them
    1. Re:First thing you need to do is.... by Karmageddon · · Score: 5

      that's the finesse way to solve this; there is also the brute force way: if everybody on distributed.net pays a little bit of the fine, it'll be paid off in n(log(N)) time

  163. Re:This is a real surprise! by Progoth · · Score: 1

    yeah, my public georgia high school was pretty crappy in the way of computers/computer classes. and ours wasn't the worst, there were schools even deeper in the backwoods, not to mention the ones here in downtown atlanta. I'm a computer science major now, and a majority of my peers actually had programming classes available to them in high school. but don't trash ga too much, the lottery has done wonders for the educational system.

  164. Re:rc5 output by Fjord · · Score: 2

    This client doesn't download the keys, it downloads parameters to a block of keys. It then iterates through the keys within that block. The difference is me typing "All the numbers between 1 and 1 trillion" and me typing all the numbers between 1 and 1 trillion.

    --
    -no broken link
  165. Re:I agree, but a felony? by tomson · · Score: 1
    If it's idling, it costs you the same as if it's running something.

    Minus the bandwith, and that seems to be the main issue here.

    --
    I read slashdot for the articles.
  166. There are two issues to consider. by Above · · Score: 2

    1. Did he have permission to install/run the client on the computers? We don't have a solid answer to this one, but I would suspect a court would find the answer was yes. The school employed him to administer the computer. In liu of giving him explicit instructions, they were relying on him to A) Stay within the bounds of the law (eg, no illegal copies of software) and B) use his best profesional judgement on the best way to admin the machine. So, assuming they didn't place some more restrictive guidelines on him I don't see how they can complain much about him installing / running the software, from a permission point of view.

    2. Did he have the right to use the network resources that he did? Clearly, these cost the university money, and so there is an issue here. Again, I suspect the problem will come down to guidelines. A univeristy that provides students access in the dorms and doesn't prohibit (not prevent, prohibit) things like, oh viewing porn, playing online games, accessing stock quotes (unless in a finance class) etc etc etc would have a hard time complaining about someone running rc5.

    Bottom line, they cannot apply selective standards, even more so when they are government sponsored. If there was something in writing that applied to all that covered this, or if there were specific instructions given to him, then he's screwed. If, on the other hand they simply have the general "don't do anything illegal" clause, they are going to have to try and fall back to the "using the computers for something other than learning", and that's a dangerous path for them to walk down. If they go down that road with this guy fairness would demand they crack down on many other activities by many other people (including, probably, reading this article, unless the person is a computer admin or a law student) and would find themselves in a position they don't want to be in.

    Oh yeah, $0.59/second? What is that crap? I suspect their actual cost is under 1/100 of a cent per second, if that.

    1. Re:There are two issues to consider. by ocbwilg · · Score: 2

      Did he have permission to install/run the client on the computers? We don't have a solid answer to this one, but I would suspect a court would find the answer was yes. The school employed him to administer the computer. In liu of giving him explicit instructions, they were relying on him to A) Stay within the bounds of the law (eg, no illegal copies of software) and B) use his best profesional judgement on the best way to admin the machine.

      You're assuming that he was the admin. He uses the term "configurator." To me this implies that he is a guy from desktop support who was told to make a standard image for all of the PCs in the system. In such a case, they are usually provided with a list of standard apps and configurations to use.

      I could be wrong, but I've yet to meet an Admin who called himself anything but Admin (or guru or god).

      Say "NO!" to tax money for religious groups.

  167. Re:Finally Came Up with Something by harveyjc · · Score: 1

    his employment contracts would spell this out and give him a document to sign stating that he understood the security policy - this is legally construed as a warning and no further is neccesary unless specified in the policy (and i bet its not)

    In the real world of employment in MIS we dont send warning letters to mom - we just sack you and if we have to we sue you.

    --
    "Sanity is an illusion of the diseased mind"
  168. Re:Burden of Proof: Show He *Wasn't* Authorized. by harveyjc · · Score: 1

    Agreed totally

    i would have sacked him - that simple - then again i dont hire sysadmins with god complexes so maybe i wouldnt have hired him.

    as an MIS manager its this simple - my environment, my rules, my way, the highway - your choice.

    --
    "Sanity is an illusion of the diseased mind"
  169. Maybe something to learn from this by harveyjc · · Score: 1

    Those of you who are in school or not employed in a corporate role should pay attention to this message that is being given - not just by me - when you work for any employer (and a University is an employer - if you get paid to do it then you are employed) you have a duty of trust - a large amount of power is being placed in your hands - power over confidential information and files - user accounts - financial records and much more.

    This trust exists as your employer expects you NOT to make changes to his mission critical systems without following proper procedures and permissions - most organisations call it change control.

    Even if you are employed as a SysAdmin you dont automatically inherit the right to do what you see fit - you are expected to behave within the guidelines the organisation expects you to work in and not act outside of them.

    Thats whats wrong here - the person in question may have done this in the best of intentions - he may not have caused damage BUT he was trusted not to do this sort of thing (and believe me he would have been) and he did it - end of story - fired - learn a lesson.

    Does he deserve to go to Jail - IMHO no
    Does he deserve a fine - IMHO not that much

    But he commited the act in a State which has laws and they believe he broke those laws by his actions.

    This is what we call consequences.

    What he did was what we call unproffesional

    the rest is a matter of perspective - unfortunatley the state and the university have a different perspective to him.

    I have said before i have a policy of dismissing any of my Admin Staff who install unapproved software on systems regardless of reason. Someone emailed me and called me an asshole.

    Well the fact is i have never sacked anyone because none of my staff have ever betrayed the trust i have in them - i work in a banking environment and this sort of behaviour just would not happen - the reason is they are all proffesionals.

    The conclusions from this should be obvious

    --
    "Sanity is an illusion of the diseased mind"
  170. Re:Burden of Proof: Show He *Wasn't* Authorized. by harveyjc · · Score: 1

    MIS manager in banking enviromnment

    Yous installed Seti@Home on any of MY servers i would take great pleasure in slowly cutting off your balls with a plastic knife.

    I can guarantee you one thing - you would never ever work in any position of trust in any IT capacity for any major bank ever again - thats the sad think - how easy people piss their careers up a wall.

    singwitch is right - the troll is YOU

    --
    "Sanity is an illusion of the diseased mind"
  171. Re:What if one has d.net running at an old job now by harveyjc · · Score: 2

    pray

    seriously - call someone you know and trust and ask them to remove it OR call your boss and admit it but be nice and ask him to remove it. This is much smarter than letting them find it.

    Of course there is NO business reason why this is here but whats he going to do fire you ? most companies wont take legal action without a good reason.

    OH if this HAS caused damage you are screwed.

    --
    "Sanity is an illusion of the diseased mind"
  172. This isn't the first time... by cperciva · · Score: 2

    Aaron Blosser lost his job at US West and had his computers seized by the FBI two years ago for doing the same thing. Well, almost the same thing: Blosser actually thought that he had permission (IIRC he asked the computer administrators but not the network administrators), while it doesn't sound like David McOwen even tried to get permission.

    Oh, and as for that 59 cents/second... I don't believe it for a moment: That would work out to somewhere around 18 billion dollars of damages. More likely the actual figure is 59 cents per day.

    1. Re:This isn't the first time... by cperciva · · Score: 5
      Blosser clearly knew he had no permission to run his programs on the telco systems

      From the horse's mouth:
      My problem was that I got permission from our workstation crew to do a massive install, but I did not think to ask the people who run the proxy server, or the network security folks, etc
      His apps ran in the background, but consumed so much CPU time that the entire directory assistance system slowed down to the point where it was unusable.

      Nope. Actually the directory assistance system was slow before Blosser installed the software and after the software was removed; US West simply decided to use him as a scapegoat for their problems.

      That's how he was discovered, the 411 system crashed, and sysadmins traced the apps back to him.

      Again, no. The software was detected (by the network people who hadn't already given permission for it) when they suddenly noticed lots of traffic to entropia.com going through their proxy servers.
    2. Re:This isn't the first time... by sakusha · · Score: 1

      I remember that case, and I think your description is misleading. Blosser clearly knew he had no permission to run his programs on the telco systems, those systems were support systems for directory assistance. His apps ran in the background, but consumed so much CPU time that the entire directory assistance system slowed down to the point where it was unusable. That's how he was discovered, the 411 system crashed, and sysadmins traced the apps back to him.

  173. Permission would have been nice by cybermage · · Score: 2

    According to the State of Georgia, one single Distributed.net client costs 59 cents per second in datatraffic.

    First, let me start by saying that they're on crack as far as this goes. Maybe it uses that much for the rare second it actually uses the network, but even then, they're getting raped by their bandwidth provider.

    Of course, what this guy failed to recognize is that access != permission. Just because you have access to a computer doesn't mean you can do whatever you please with it.

    This was just stupid, but they're WAY off on the damages. As for the jail time, they're probably equally off base. Heck, if the math finally works out to less than $1000 worth of bandwidth, he probably cannot even get jail time.

    1. Re:Permission would have been nice by doorbot.com · · Score: 4

      Of course, even if Georgia is getting terrible rates on bandwidth, say $20/GB, he'd have to be using 29MB/second to be costing them that much. I'm pretty sure that no d.net configuration could possibly use up that much bandwidth.

      That's the "enhanced" version of the dnet client that cracks RC5 and mirrors cdrom.com as well.

    2. Re:Permission would have been nice by cicadia · · Score: 3

      Thanks for the link, asshole. :)

      What "the dude" states in the message is this:

      "They are saying the Dnet client costs 59 cents per second for the Internet transmissions!"

      He doesn't refer to "one single Distributed.net client" like the writeup says, just "the Dnet client", which can just as easily refer to every instance of the client he has installed on the school's computers.

      BTW, your link is broken. Try using <A> tags next time

      --
      Living better through chemicals
    3. Re:Permission would have been nice by cicadia · · Score: 5

      > > According to the State of Georgia, one single Distributed.net client costs 59 cents per second in datatraffic.

      As far as I can tell, that statement only exists in the /. writeup on this story. In the message on the bulletin board that started this, he only says that they claimed that d.net was costing them 59 cents/second. No mention of how many clients he was running (being the "configurator of the computers" he must have had access to more than one machine :)

      And further down that thread, someone responds to him:

      "Wow, you were outputing over 60k/day at peak time. That's around 400-600 P2-300's power, 2 years ago"

      I can't remember what a reasonable RC5 rate is anymore, but that doesn't sound like the output of a single client, even if that estimate is outdated by two years.

      Of course, even if Georgia is getting terrible rates on bandwidth, say $20/GB, he'd have to be using 29MB/second to be costing them that much. I'm pretty sure that no d.net configuration could possibly use up that much bandwidth.

      --
      Living better through chemicals
    4. Re:Permission would have been nice by GnuBeest · · Score: 1

      I couldn't agree more. Yes, the extent of the charges are frivilous and uneducated, at best. But he should have bloody well known better. As I was reading the anandtech forums, I kept seeing posts saying, "We can't assume anything, we don't know that he didn't have permission!" etc. Of COURSE he didn't have permission. Yes, US state courts tend to be a bit ignorant in the enforcement of tech-related laws, but this would have NEVER gotten this far if anyone had the slightest shred of proof that he had permission to run DC on those machines. Just because someone hires you to give their car a tune-up does NOT mean you're allowed to take it for joyrides.

  174. I have =) by Pace3000 · · Score: 1

    Time to take it off my Uni machines? ;-)

  175. What if one has d.net running at an old job now? by wunderhorn1 · · Score: 4
    Let's say, hypothetically speaking, one were to realize that he/she may have left the dnet client running on one or more PCs he/she was administering at a previous place of employment.

    What would be the proper way for that person to cover his/her ass?

    --
    Karma: Bored. (Thinking about resurrecting the "Anyone else is an imposter" joke.)
  176. What's the problem? by andy@petdance.com · · Score: 2
    I don't understand the problem here. RC5 is so 1999. I've moved on to SETI@home.

    xoxo,
    Andy
    --

    1. Re:What's the problem? by Vegeta99 · · Score: 1

      Oh yeah, THERE's something useful. Find aliens in a radio spectrum, get nothing if you do, and god knows you may NEVER find em. Wowee, worth my idle CPU cycles. With rc5 there is a definate winning point, and you get $2k. pfft.

  177. Re:Burden of Proof: Show He *Wasn't* Authorized. by sigwinch · · Score: 1
    It is my contention that his personal goals and the mission of his company were not in conflict,...
    The trouble is that he was not mandated to do it, and it is not obvious that he had the leeway to do it. This gives him no ass-covering material. There's no piece of paper that unambiguously says he was permitted to do what he did. He can only argue about vague general principles.

    Taking action in a large organization without a signed CYA document is playing with fire. If somebody higher up decides your action was wrong, you are doomed. It's your word against theirs, and they'll have the lawyers and monomania to bury you.

    ...and furthermore the odds of him actually winning the prize, remote enough(even with whatever rank he managed to achieve), the prize small enough, and the actual distribution of that profit distributed enough that for all intents and purposes the value of that prize goes to zero. In terms of the prize itself, his probabilistic share probably didn't add up to the price of a can of Mountain Dew.
    Never take a risky action in a corporation without considering how it will sound in front of a Federal jury or Congressional committee. "So, Mr. McOwen, are you're telling us that you were converting these computers to your own use to win a $1000 prize?"

    To a jury of bums, rednecks, and career Taco Bell cooks, that $1000 prize will be damning. Ditto for newspapers and blood-n-depravity TV news shows.

    Incidentally -- these machines were going for some time, with no complaints being rendered for quite some time. This means a couple things:
    It means one thing. The vindictive career academic bureaucrat who is going to send McOwen to the federal pen hadn't yet noticed. Now he has. It's a statistical thing, maybe they'll never notice, maybe the evidence will be gone before they notice, maybe they'll be too busy frying someone else, etc. Without the ass-covering paper trail, you're rolling dice.
    Yeah, welcome to Winamp, Windows Media Player, RealPlayer, Yahoo Messenger, and Windows itself. Give be a break. The majority of university networks are so riddled with out of date daemons and unfirewalled ports...
    So? The humorless gentlemen in the dark polished cars, wearing nice suits and ray ban sunglasses don't give a flying fuck that the situation is bad. All they care about is the documentary evidence that *you* made it measureably worse.
    In my mind, the fact that so much time passed between his use of university resources and his eventual shutdown means that quite a few people knew of this incident and one person elected to express discretionary priveledge and can him. That's fine--it happens--but you don't send someone to jail for it.
    You do if you're a career state-employed academic bureaucrat. Any one of 'career', 'state-employed', 'academic', or 'bureaucrat' would be bad news. Put them all together and it's a deadly situation. The person carrying out this campaign against McOwen is certainly clueless, likely vindictive, likely monomaniacal, and *committed*. Once a person like that starts a campaign, they'll push it as far as possible. They won't know when to give up.
    Silly. You have no idea how much Cracking DES did, do you? Do you have any idea how significant the EFF's DES Cracking book was in making sure AES happened, and in forcing 3DES to be the standard of the day?
    Overall it hurt the situation, by driving the spook traitors underground and forcing them to use more subtle means to frustrate crypto. Onerous crypto controls are still in place, and the traitors are still mostly successful at preventing widespread deployment of crypto. It would arguably have been better to continue with 40-bit DES, and let the electronic pearl harbor force Congress to clean house at the NSA.
    ...that travesty that is 802.11 WEP...
    Offtopic, but... WEP is an impressive accomplishment. They actually managed to design a cryptosystem that has cipher- and key-exchange-independent insecurity (the 24-bit initialization vector).
    Diligent recovery from this compromise would involve... a lot of things that didn't happen. At all. Even in the slightest.
    Hmm...you're probably right. I'm not sure why I thought they did a proper recovery. (Although my list of expenses is a pretty good reason to get permission before you screw with hundreds of machines.)

    If they really did just make up this numbers, the case could blow up in their faces. For McOwen's sake I hope it does.

    If his interpretation was at odds with that of the administration, perhaps he deserved to lose his job -- but this doesn't even pass the giggle test for felony hacking. They were HIS BOXES. He had a legitimate accounts, probably even root accounts and did things that were *arguably* legitimate.
    This is where I disagree. It's kind of like a delivery man. During the day, the truck is *HIS*. He can pick his own routes, make a detour for a customer who is in a huge hurry, bend the traffic regulations, and generally do whatever it takes to get the job done. He job is a big one, and he therefore has a lot of leeway to make autonomous decisions. Suppose he wants to take the truck home at the end of the day to move a sofa. If he takes 10 seconds to get the boss's permission, taking the truck is perfectly OK.

    If he doesn't get permission, he has just hitched his fate to another person's mercy. In a small company where they've been friends for years, the boss might later tell him how glad he was that he went ahead and took the truck. At a larger company, the boss might admonish him not to do it without asking in the future and drop the matter. Or the boss might call the police and report it stolen, and prosecute it as grand theft.

    Personally, I think that what McOwen did was absolutely wrong, but I also would have made the reaction proportional to the actual harm, which was fairly small. Suing someone into oblivion and getting them sent to prison is simply not good business.

    Oddly enough, who do you go to if you have a project that could really use a few hundred machines?
    If it's your job to use them that way, you just do it. However, if there is a person who could say no, and you don't ask, you have done something wrong.
    Complete lack of precedent for a deleterious effect has an effect in a courtroom, you know.
    Sadly, no. In a criminal case it is not necessary to prove substantial monetary damages, it is merely necessary to prove that the person did something they had not been given permission to do. If we can give people life sentences for agriculture (specifically, three strikes growing of cannabis sativa), then convicting an admitted vandal who was trying to win a $1000 prize is a piece of cake.
    If the prospect of a decade of prison rape wouldn't make you run screaming like a horror movie prom queen into whatever abandoned warehouse of an online forum you could find -- you're a stronger man than I.
    If you allow fear to govern your actions, you are letting the enemy dictate your actions.
    Oh, this is much better than a felony conviction. It don't say, "Have you ever been mentioned on Slashdot" on the employment forms, you know :-)
    It's funny, but I am also being serious. The Internet search engines are already starting to correlate information with specific people. I expect syntax-aware indexing to start being used within a few years. You'll be able to search on something like "name(John Smith) employed_by(Foo University) keywords(employed)". When you can do a good background search routinely, this sort of highly public announcement will be a Bad Thing.
    I do feel for the prosecutor, though. I don't think he realizes how badly he's being used.
    The prosecutor is actually a good point of approach, if you can get him in touch with a clueful expert.

    Anyway, I understand what you're saying, I just think it's McOwen's fault for not establishing a paper trail showing permission. This isn't the first time I've heard of this sort of thing, either. I saw an almost identical case in the Ars Technica forums a while back, although it was a smaller amount (on the order of $10k IIRC, and no criminal case). I ought to write a web page about this problem: "The Young Male Sysadmin's Guide To Not Going To Prison".

    --

    --
    Kuro5hin.org: where the good times never end. ;-)

  178. Re:Text of post, comments by sigwinch · · Score: 2
    A single dnet client cannot cost 59 cents a second, and neither can a single email.
    Unless it's stolen bandwidth, in which case the victim can charge the highest plausible rate for the bandwidth itself. They can also charge pretty much arbitrary prices for the inconvenience and other losses suffered as a result of the unavailability of the bandwidth.

    Let's also remember that we don't know what basis that $0.59/minute cost includes. The perpetrator was very vague on this, probably in an attempt to shift blame to the victim. It may include the aggregate cost of several items:

    • Machine integrity. Reformatting and reinstalling hundreds of machines.
    • Data integrity. Sanitizing every single piece of data stored and handled by the compromised machines during the period of compromise.
    • Loss of reputation. Decreased revenues when partner organizations learn that the victim's information infrastructure was compromised. (Yes, I know it's a school. Schools have revenue just like any other business, and depend on their reputations for income.)
    • Downtime. The victim is under no obligation to minimize recovery costs or live with the compromised system for a millisecond longer than necessary. The moment they learn of the compromise, they can shut down every compromised machine immediately, and it may take several days for technicians to become available to start doing anything. They can keep the entire network shut down until every single machine has been reinstalled from scratch and all the data has been sanitized. The personnel who jobs revolve around using the machines can be furloughed for the duration. The attacker could potentially end up being responsible for the entire operating costs of the organization for several weeks.
    • Costs of investigation. Due diligence, especially of a public organization, demands that skilled investigators be immediately put to work on the case, as well as a team of lawyers. This sort of skilled assistance can easily cost $500/hour.

    Come on, people. Walking into a building full of hundreds of computers and personally compromising the security of each one at its console is *stupid*. It's like trying to rob a police station.

    --

    --
    Kuro5hin.org: where the good times never end. ;-)

  179. Re:Burden of Proof: Show He *Wasn't* Authorized. by sigwinch · · Score: 2
    If my dog pooped on your front lawn, would you send me the bill to have the entire house torn down, ground dug up, new sod laid down, and new house built?
    False analogy. A good analogy would be if I hired you to clean the dog shit off my yard, and you instead dumped a truckload of dog shit on it. If you did that, you'd pay and pay and pay.
    Have you never heard of "Uninstall"? It works really well, trust me.
    Not for security it doesn't. Security is a matter of knowing where every program on the machine came from, and knowing that no uncertified programs have even been run on the machine. It is solely a matter of trust, a matter of having a known chain of control. That trust is easy to throw away and expensive to regain.

    (I was actually being *extremely* conservative on the recovery costs. Many devices, like motherboards, BIOSes, and video cards use field-programmable flash devices. To fully recover from a compromise, you'd have to replace them all. Would probably be cheaper to just scrap the equipment and buy new stuff.)

    --

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    Kuro5hin.org: where the good times never end. ;-)

  180. Re:Huh? WTF? by sigwinch · · Score: 2
    You state a cost of 3 hours per machine to "sanitize" and a cost of 1/2 hour per machine for a security analysis.
    There aren't standard terms. By sanitize, I meant verifing the absence of malicious code and data in all the user-created files on the machine. Three hours per machine is actually very conservative. If the machine was used by an accountant to create a quarterly report, for instance, the only way they could have an acceptable level of confidence would be to recreate the report from scratch.

    By security analysis, I meant that you had to check the machine for signs of malicious use. Compromised machines are frequently used as jumping off points for attacks on other systems, and you have to fix those systems too.

    Examine one machine, then ghost out a new image using ghost multicast.
    Each machine must be suddenly power cycled off to preserve evidence, and it's hard drive must be physically removed and read out. Most organizations are too lazy to do this (probably including the bozos in Georgia), but if you want security, it's what you have to do.

    I should have made it clearer in my comment that I was exploring the worst-case costs of recovering from a compromise, the moral being that sysadmins should be utterly paranoid. A lot of this probably doesn't apply in David McOwen's case, since the 'victims' seem to have a severe case of recto-cranial inversion. It'll be interesting to see the details when they are made public.

    --

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    Kuro5hin.org: where the good times never end. ;-)

  181. Re:Burden of Proof: Show He *Wasn't* Authorized. by sigwinch · · Score: 2
    Please mark this sigwinch Troll down.
    I am not a troll. (Jeez. That's like saying 'I am not whiny' in a squeaky voice. Oh, well. Goodbye, dignity.) When I write, I try to express ideas clearly and forcefully. When I'm right, this makes me easier to understand. When I'm wrong, it makes me easier to correct.

    Look at your disagreement with my post: you were able to directly argue against particular points of mine. You didn't have to untangle half-formed, vaguely qualified statements. It went 'clear statement, clear counterargument'. In fact, it is obvious that you were approaching it from the angle of a practial admin who isn't overly concerned about security and assurance, while my POV was known-good security and certifiable quality.

    5. Delete directory.
    Security is having confidence that every bit on the hardware comes from a known, approved source. You lose that when you install an untrusted program, and the only way to regain it is to delete everything and start from scratch.
    If I hired a mechanic to check out my engine, and he sayed I used the wrong brand of oil, and I must replace my engine, Thats fraud.
    A false analogy. A better analogy would be if you hired a mechanic to change the oil in your street-legal drag racing car with a $30,000 racing engine, telling him to only use Mobil synthetic oil, and he used olive oil instead. Maybe the engine wouldn't be hurt by it, but you don't have to put up with maybes. You are *owed* confidence that the engine is in a certain state. He'd be buying you a new engine, and compensating you for the loss of use. When confidence is the commodity of interest, you don't take chances.
    BTW we use seti@home to burn in our Sun servers, even our big 10K clusters.
    OTOH, if you installed S@H on a live banking server 'just because', they'd beat you to death with CAT5, even if you have admin privileges.
    --

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    Kuro5hin.org: where the good times never end. ;-)

  182. Re:Burden of Proof: Show He *Wasn't* Authorized. by sigwinch · · Score: 2
    Except he isn't accused of attempting to backdoor the systems. ... He's accused of running undesired software.
    Security is all about the perception of trust.
    Yes, the moment I see an exact catalog of specifically what McOwen was supposed to install, and in what order, I will agree that he had no discretion to install any more or any less.
    Whatever was appropriate and necessary to fullfill the mission. For staff machines, that means very little software.

    OTOH, we don't know what machines McOwen used -- the AnandTech story was too vague. If they were semi-public computer labs that were ghosted at the start of every day, the damages would be minimal. Nobody could reasonably expect such machines to be particularly secure, and therefore the damages for insecurity would be minimal. It all depends on the circumstances -- McOwen could be getting off easy, or he could be royally screwed. Hopefully /. will post more details soon.

    Again, university environment, not big multibillion dollar conglomerate with a stock price to keep up.
    First off, it seems to not be a university that this occurred at. I don't know how we got that meme going...

    Besides which, any school large enough to have dozens of computers has a budget of several million dollars a year. It has accountants who must produce accurate numbers or they'll have to shut down. It has payrolls that have to be met on strict deadlines. It has confidential information that will cost millions if it is improperly disclosed. The school's few millions of dollars may be piddly compared to Chase-Manhattan, but that money is *very* important for the school.

    Downtime is not disaster for *any* system in most universities.
    Try being late for payroll at even an elementary school. The teachers, teacher's union, school administrators, board of education, city politicians, and press will hold a competition to see who can hand your head to you on a silver platter the fastest.

    A university is even worse. Try making a department head miss a publication date for his paper in Science. The police detectives won't even be able to find your body, it having already been run through the particle accelerator one atom at a time.

    --

    --
    Kuro5hin.org: where the good times never end. ;-)

  183. Re:Burden of Proof: Show He *Wasn't* Authorized. by sigwinch · · Score: 3
    1) The exact job specifications of Mr. McOwen's employment were not and literally could not be set in stone; his basic task was to administer the systems according to the precepts of the site they were deployed.
    For the support of the organization, not for his own personal amusement, and most assuredly *not* for an effort to win him a prize.
    Surely, it is not inconcievable that given the extraordinarily high degree of public works that universities are known for, that he might have come to the reasonable conclusion that installation of software that contributed to a public good (the global improvement of cryptographic quality) would be a fair extension of the mission of the university.
    That a university is publicly oriented does not give its employees license to do whatever they think is in the public interest. A university is a corporation, just like any other, and the use of its resources must be approved by management.
    2) ... There was nothing hidden about the RC5 code, and as for destructiveness, few would argue it is destructive to a computer to ask it to compute!
    Either you have reviewed the actual binaries that were running on the machine and are making a public offer to provide an unlimited monetary guarantee that there are no exploitable security bugs in the RC5 program, or you are talking out of your ass.

    Unreviewed, untested, warranty-less binaries that engage in continuous communication with remote servers are a serious security threat, as well as a threat to the integrity of the machines. Many a machine has been brought to its knees because of some weird interaction between the installed packages.

    A competent professional would *never* risk his client's machines for an unnecessary program.

    3) Statistics have shown a multi billion dollar a year loss to the country from insufficient encryption and computer security systems.
    And what the fuck does that have to do with this discussion? The question is whether he had permission, not whether he would have had a good justification if he had asked for permission.

    And even if that was our discussion, brute-force cracking RC5 is a stunt. It doesn't do a damn thing for security.

    4) No actual damage can be substantiated by the prosecution.
    Are you an idiot? Do you know nothing about computers? Diligent recovery from this compromise would involve 1) backing up all data on the compromised hard drives, 2) formatting them, 3) reinstalling them from scratch, 4) sanitizing all the backed-up data, 5) and reinstalling all the backed-up data. Assuming a $150/hour sysadmin, three labor hours per machine, and 200 machines, that's a direct recovery cost of $90k.

    Then you've got all the people who will be sitting around with their thumbs up their asses while their machines are offline. Assuming an average downtime of 1 week, an average employee salary of $25k/year, and an overhead rate of 100%, that's an indirect recovery cost of $192k.

    Then there's the investigation cost. Assuming a security expert at $500/hour, and an analysis time of 30 min/machine, that's an investigation cost of $50k.

    Then there's the legal costs. Because of the severity of the compromise, and the threat to the University's IP, a top-notch law firm specializing in insider sabotage will be needed. Assuming the law firm charges 80 hours @ $200/hour, that's a legal cost of $16k.

    Then there's the prosecution cost. I have no idea what DAs, judges, and courts charge, but it's gotta be a lot.

    That's a total of $348k for direct and simple indirect losses.

    Then there's interest. It will probably take the Uni about three years to get a judgement for the losses. At the standard 25% rate for unsecured credit, that's a net interest of 95%, which will bring the final judgement to $679k.

    Then there's the potential reputation cost to the university. Insider sabotage of the IT infrastructure makes tech and biotech firms very antsy, and less likely to engage in lucrative contracts with the Uni. Likewise for alumni support. The damages from this are pretty much unlimited; if the fates are against you it could run to tens of millions of dollars.

    Suppose the school spent $200,000 on their internet connection yearly,...
    It's their bandwidth and they can sell it for whatever price they want. It's up to you to ask for the price before you start appropriating it.

    But that's irrelevant. The $0.59/min figure is almost certainly an aggregate number. They added up the total losses, divided them by the duration of the compromise, and that was the number.

    5) Prosecution of Mr. McOwen would have a drastic chilling effect on the ability of computer administrators to do their work.
    It will not. Competent professionals help the client accomplish their mission. If they have ideas for new mission objectives, or even for cool charitable projects that don't really accomplish much, they discuss it with the boss. They *don't* run off and reconfigure hundreds of pieces of high tech equipment for their own whimsy.
    His actions were questionable even as a offense worthy of termination, given the wide berth that system administrators require to be effective and the vast freedoms inherent in the academic environment.
    Bullshit. Sysadmins *never* have the right to turn hundreds of the institution's machines into zombies for their own pet projects. The reason sysadmins have wide latitude in decisions is because *that's what it takes to accomplish the mission*, and not because the machines are part of their personal toy chest.
    They'd be laughed out of any civil court in the country, and the fact that they've reached criminal court--at the felony level, which would deprive Mr. McOwen of his freedom, his voting rights, ...
    Hardly. It's vandalism, plain and simple. The alterations he performed obviously had no relevance to the organization's mission, they had a potential serious deleterious impact on the mission, and he deliberately chose not to ask permission when doing so would have required little time or effort.
    .... and even his ability to simply procure employment--is a grave insult.
    The law is the least of his problems. Not only did he recklessly fuck over hundreds of his client's machines, he whined about the client's consternation on the Internet. For the rest of his life, any time a prospective employer does a web search on him this story will show up in all its tawdry glory.

    I propose a new phrase for the Internet lexicon: "Pulling a David McOwen". It will be the Darwin Award of Career Limiting Moves. Example usage:

    PERSON 1: What did he do?
    PERSON 2: The story I heard said he spilled a can of coke into the NYSE mainframe.
    PERSON 1: (awed voice) Wow. Talk about pulling a David McOwen.
    --

    --
    Kuro5hin.org: where the good times never end. ;-)

  184. Re:Burden of Proof: Show He *Wasn't* Authorized. by SuiteSisterMary · · Score: 2
    Administrators were exhorted to behave in a manner compatible with the values of the university; as I noted, the RC5 system was extraordinarily compatible with the values as they were laid down, down to relinquishing CPU upon request.
    You know what this reminds me of? This reminds me of whenever I tell my three year old daughter to, say, stay out of my bedroom, so she stands with her toes perfectly lined up with the door frame.
    --
    Vintage computer games and RPG books available. Email me if you're interested.
  185. Re:Text of post, comments by SuiteSisterMary · · Score: 5

    The lawyer has an AOL email account? If that's true, this David guy should be thrown in jail for choosing such a lawyer to defend a computer related case, but some how, I don't think it smells quite right. Troll? Has anybody tried emailing the State of Georgia people in question? Maybe the State of Georgia courts to see if such a case has been filed?

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  186. d.net needs to connect only twice a day by yerricde · · Score: 1

    Just not anything that needs a constant web connection

    The d.net client needs to connect to the server only about twice a day if you have it download 12 hours worth of work at once.

    --
    Will I retire or break 10K?
  187. Re:Burden of Proof: Show He *Wasn't* Authorized. by zbuffered · · Score: 1

    Are you an idiot? Do you know nothing about computers? Diligent recovery from this compromise would involve 1) backing up all data on the compromised hard drives, 2) formatting them, 3) reinstalling them from scratch, 4) sanitizing all the backed-up data, 5) and reinstalling all the backed-up data. Assuming a $150/hour sysadmin, three labor hours per machine, and 200 machines, that's a direct recovery cost of $90k. Then you've got all the people who will be sitting around with their thumbs up their asses while their machines are offline. Assuming an average downtime of 1 week, an average employee salary of $25k/year, and an overhead rate of 100%, that's an indirect recovery cost of $192k.

    I was very upset by this comment(the whole post really) at first, but I calmed down a little when I realized that you're obviously just on crack. If my dog pooped on your front lawn, would you send me the bill to have the entire house torn down, ground dug up, new sod laid down, and new house built? And then the bill for the time you spent having all this done? Or would you just make me clean it up (or in this case, make me pay the cost of someone else cleaning it up)?
    Have you never heard of "Uninstall"? It works really well, trust me.
    So, like you say: Assuming a $150/hour sysadmin logging in as administrator on 200 machines and un-installing one program, let's say that takes 3 minutes per machine (maybe he's a slow typist!) and then an extra 2 because they're spread out over campus or something.
    That's 1000 minutes. 2 days. A waste of a $150/hour sysadmin's time, if you ask me. I'd do it for a tenth that.
    And ya can quote me.

    --
    Synergy is your friend
  188. Hey look shiny thins by DRAGONWEEZEL · · Score: 1

    I laughed my a$$ off when I saw that!
    thnx for the add humor

    --
    How much is your data worth? Back it up now.
  189. Simple by legLess · · Score: 3
    This sucks, of course - it seems highly unlikely that the costs are what they say, and 15 years in jail is frankly insane. But that doesn't change the facts; Randall Schwartz learned (perhaps) the same lesson the same hard way - if you don't own the computer, get written permission before you do anything not explicitly defined in your job duties. That's common sense. It's harsh to learn the lesson this way, rather than reading about it on /., but no one has a god-given right to hand-holding.

    Q: Did he have permission from the school to install the software?

    Yes: They can't touch him.

    No: Stick a fork in him; he's done.

    Regardless of the bandwidth costs - say it only cost 59 a day - it's still money that the school/state wouldn't have had to pay if he'd done his job (and only his job).

    He's hysterical: "...the future of all that use the Internet and computers is at stake."

    The future of all people who install bandwidth-sucking apps on equipment that belongs to someone else, perhaps.

    "We all say so, so it must be true!"

    --
    This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    1. Re:Simple by albamuth · · Score: 1
      No: Stick a fork in him; he's done.
      I agree, the State is going to royally screw him over silly "improper" bandwidth usage, when it was their fault that their connection was volume-rated and not bandwidth-rated. (or was it, really?)

      I say he makes a run for Canada or Mexico now -- let the lawyers go to court while safely watching the case from a distant land. Screw those greedy bureaucrats.

      --
      [pink beam of light]
  190. Re:little late? by stilwebm · · Score: 1

    I wonder what the statue of limitations is for this type of crime in Georgia. It is possible they may get the first year thrown out...

  191. Re:Burden of Proof: Show He *Wasn't* Authorized. by stilwebm · · Score: 1

    By contrast, more than a few companies have hot spare buildings. You heard that right: If, one day, the office should cease to exist, everyone may go to another.

    The hotspare building where I work is called The Trace, and it is a nice bar several blocks from here. Whenever the power fails for more than an hour, we frequently migrate to our hot spare.

  192. Re:rc5 output by stilwebm · · Score: 2

    Chances are Georgia has a WAN connecting schools via 128Kbps ISDN (remember this started 2 years ago) and then a gateway with a T1. To save money, they probably were being billed in a 90th or 95th percentile for usage. So the excess bandwidth used all day by many computers constantly downloading new keys and uploading results may have been enough to break them out of their billing tier into another, more expensive tier. Anyone who is familiar with the school district have any insider perspective on their LAN/WAN configuration?

  193. Re:A quote from the d.net Official Policies by hoegg · · Score: 1

    He did "administer" the machines.

  194. Re:Need more information... by hoegg · · Score: 1

    It's one thing to be an acadamian at the school installing software on a bunch of computers you have access to, it's quite another to be paid to configure computers for the institution and go about installing something you don't have permission to.

    Now, I don't think installing the RC5 cow is in any way beneficial to the school, but in this case it was his job to decide what software to install on the computers. What about defragmentation software for NT 4? Or intrusion detection systems for linux? If my experience with system administrators at schools is any indication, they are the last word on what software gets installed on the machines.

    So whom was he supposed to ask for permission?

  195. karma whoring by aozilla · · Score: 2

    "Thank you everyone,

    For the guy that thinks it's a hoax simply contact the Georgia State Attorney's Office or the Georgia Bureau of Investigation, the lead Agent in charge of the year and half investigation that he said it took him to determine that running this Distributed.net client is a felony offense as outlined by the Computer administrators at the school and the State is Bob Stanley, the GBI office number is 770-987-9168.

    The Law Firm of my Lawyer is 770-564-1600. My Attorney is David Joyner

    The charges are from the 1999 Georgia Computer Crime code book Volume 14 Title 16-9-91 to 93 Pages 669 to 672.

    David"

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  196. Re:Need more information... by morn · · Score: 1
    .5M and 15y seems excessive, but it also looks like a criminal prosecution, so those are probably the maximum penalties for what he's been charged with. If convicted, I would imagine the real sentence would be much less.
    Hurrah! Someone's noticed! If only I had mod points.

    --

    --

    ...or am I missing something?

  197. A quote from the d.net Official Policies by Magila · · Score: 1
    http://www.distributed.net/legal/policy.html

    "distributed.net does not condone the unauthorized use of its software on any computer system. You may not run any distributed.net software on a system unless you own the system or have received permission from the owner to run distributed.net software. Running the client on a machine without authorization will result in your removal from the project and will disqualify you from winning. "

    As well as from the FAQ

    Q: What shouldn't I use to participate?
    A: You shouldn't run the client on any machine that you do not own or administer.

    Maybe he should have asked before putting it on, ya think?.

    1. Re:A quote from the d.net Official Policies by ocbwilg · · Score: 2

      He did "administer" the machines.

      I thought that he said that he was the "configurator." To me, that means that he's the guy who made the Ghost image that was deployed on 500 machines statewide. That's quite a difference from the "administrator," the person who in the end is responsible for all of the day-to-day workings of the systems under his control.

      Say "NO!" to tax money for religious groups.

  198. Re:I agree, but a felony? by pyite · · Score: 1

    Are you talking? It may be a little anal, but it's still wrong if it actually falls under the category of violating terms of use. Granted, I'd probably have the same reaction but the bottom line is- think twice before you do something that could even be remotely wrong.

    --

    "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

  199. Re:Good. by FunkSoulBrother · · Score: 1

    flamebait? That is offtopic if anything at all. He was commenting on not closing his HTML tag. Yeesh.

  200. Re:What if one has d.net running at an old job now by Frank+T.+Lofaro+Jr. · · Score: 1

    What would be the proper way for that person to cover his/her ass?

    Move to Mexico

    --
    Just because it CAN be done, doesn't mean it should!
  201. Text of post, comments by mrgoat · · Score: 4

    While I can't find anything yet on the website for the State of Georgia AUP or TOS, I do know that most govt agencies have you sign a form wherein you acknowledge that they can put you in the pen. and fine you oodles of dollars for theft and such. Well, unless the poster had WRITTEN and SIGNED approval to install RC5, he is probably in for a world of hurt.

    Text of subject's post from Anandtech is pasted below:

    This is David McOwen, dmcowen674@aol.com. I need everyone's help that possibly can. I worked at a school system 2 years ago that is part of the State of Georgia and was the configurator of the computers. They are now prosecuting me for Felony conviction with up to 15 yrs in prison and wanting $ 415,000. They are saying the Dnet client costs 59 cents per second for the Internet transmissions! If you or you know anyone that can help please contact my lawyer Mr. David Joyner at cdjoyner66@aol.com , phone number of the Law Firm 770-564-1600 . Beside my life and my family, the future of all that use the Internet and computers is at stake. Don't let them turn the good of computers into something so terrible. If it was so terrible it should be taken away from the world and not prosecuting one individual. People were panicking about rumors of the Govt tacking on a 5 cent surchange to supplement the Postal service because E-mail is taking away from their business and now the State of Georgia is saying E-mail costs 59 cents per second and this is not a rumor!

    Also we need to know if anyone in the United States or the world has been prosecuted for this. We need to know for sure that they are setting this dangerous precedent, making me an example and everyone is next. They did not give me an opportunity to just turn the client off, they also said that there was no harm done after they turned it off. How can they call it a felony then and looking for nearly half a million dollars! Please help in any way that you can, whether by E-mails or any other support.

    Thank you



    mrgoat

    --

    'Hail Eris, baby, hail Eris...pfffffffttt.' *cough* 'Yeah.'
  202. Re:Burden of Proof: Show He *Wasn't* Authorized. by Jebediah21 · · Score: 1

    Unreviewed, untested, warranty-less binaries that engage in continuous communication with remote servers are a serious security threat, as well as a threat to the integrity of the machines. Many a machine has been brought to its knees because of some weird interaction between the installed packages.

    Wouldn't that description pretty much describe a Microsoft OS?

    --

    Everytime you look at porn a devil gets their horns.
  203. come on!! by moronic1 · · Score: 1

    what the heck is getting into companies(schools) these days! it was probably some fluk that they even found it at all! and really is that much bandwidth really a problem.. this istaking it to the extreme.. you could look at a lot of this this way and it would blow them way out of perportion..

  204. Huh? WTF? by NevDull · · Score: 2

    You state a cost of 3 hours per machine to "sanitize" and a cost of 1/2 hour per machine for a security analysis. Huh? One or the other are necessary, not both. Examine one machine, then ghost out a new image using ghost multicast. Not 3.5 hours per machine.

    Sounds like you bend over a bit too much.

  205. Finally Came Up with Something by Bluesee · · Score: 2

    My 2p...

    I think they should lose in court if they can't say they Warned him - at least once. Otherwise, a company - or a government! - can make you liable for all sorts of rules that they make and simply do not promulgate. Any court in the land ought to throw this out; and if they do not (I hope to hear updates on this, yeah, even here in ./), then people should riot in the streets, um, I mean write a letter to maybe a judge or their Mom or something, you know, take like, a stand.

    Good God, look at the time.

    --
    SDMI: Finally! Music that won't rip or burn! Brought to you by the fine folks at RIAA.
    1. Re:Finally Came Up with Something by Bluesee · · Score: 2

      I'm sorry, but

      Who did he harm?

      I think that the punishment should fit the crime. Give him 30 days at the most, man... be reasonable.

      "In the real world..." You only sack and sue because you are allowed to. I just don't see the great harm, here...

      --
      SDMI: Finally! Music that won't rip or burn! Brought to you by the fine folks at RIAA.
  206. Re:Good. by Halo- · · Score: 1
    All I can say is WTF? "Evil"? How do you figure that? I might agree with "not the best idea" but not evil. It would be another thing if the guy was running a warez server or kiddie p0rn ring off someone else's machine. (or his own I suppose) RC5 doesn't really serve a whole of "personal gain" If GA state was not supportative of it, I would expect them to perhaps tell him to turn off the clients, and maybe slap him on the wrist. Justice loses a lot of its value when it is not applied with some reasonable proportion to the "crime."

    Perhaps we should impose a stiff fine for trolling posts like yours?

  207. Re:Distributed RC5 at ISP by Firethorn · · Score: 1

    Different Case. The guy you're talking about shut off sendmail, a deliberate action on his part. Did it cause the major problems before or after he stopped sendmail?

    Firethorn

    --
    I don't read AC A human right
  208. Re:Max != Sentence, University Computer Cycle cost by Totally_Lost · · Score: 1

    Funny - I did it for a while as an undergrad - and we were very resourceful. Most schools I've visited make a buck go a long way - more than most places in industry.

  209. Max != Sentence, University Computer Cycle costs by Totally_Lost · · Score: 2

    Stated is the Max penalty for that class of crime, what he is really subject to is completely dependent on the Jury decision to 1st Convict, and 2nd Award. Research Computational Cycles charged to any project at a major university (or typical corporation by MIS dept) are fully burdened and ouch a bit. In this case I can well imagine that those resources could have been used by a paying research project had the machines been conscripted into a distributed cluster envirionment instead. With holding the resources to boost personal stats is theft. Had he enrolled the stats under the school name a lot less could be said.

  210. little late? by Teflon+Coating · · Score: 1

    Why is it being brought up 2 years after the crime? Seems a bit odd that if it hurt them so bad, they would have fired him and sued him right away. Sounds like they're just looking for some money

  211. Your pretty much SOL by SnapperHead · · Score: 1

    ok, maybe its an insaine ammount of money to sue for. I don't think the bandwidth costs are nearly that much.

    BUT, You did use there computers without permission. If you had permission, this would not be happening. So, my friend, your SOL. You should have thought about your famliy and life 2 years ago when you did this.

    BTW: This is not flame bait, this is seriously what I think. Please, don't mod me down for no apparent reason.


    until (succeed) try { again(); }
    --
    until (succeed) try { again(); }
  212. Re:Civil or Criminal? by Karl_Hungus · · Score: 1

    And the 59 cents a second claim is utter, utter CRAP.

    Yep. If they're in Georgia, they probably have to buy their bandwidth through these folks. Given the price of a T1 from them, It comes out to under $3/hr, which includes 1/12 of their annual charge. That comes out to about five cents per second.

  213. Don't just gripe... by Dan+Jagnow · · Score: 2

    Write and call. I am not a Georgia resident, so my voice may not have much weight. But I would encourage Slashdot readers who are Georgia residents to write to your state elected officials.

    The state of Georgia is prosecuting this guy, and the state can drop its case at any time. Your elected state officials are very sensitive to public opinion, and it's not like they have a lot to gain by seeing this poor fellow "brought to justice," so they may be perfectly willing to admit a mistake and walk away with minimal PR damage.

    Don't be rude, and make sure you double-check the facts first, but it might not hurt to suggest that some investigative reporter at a local television station might find the story interesting.

    Caveats:

    • IANAL
    • IANAGR (I am not a Georgia resident)
    • All I know about this story is what I've read on Slashdot. The state of Georgia might have some very interesting additional detail to add, so don't crucify them without asking for an explanation first. This is especially true since the story seems to be based purely on David McOwen's rendition.
    --
    The heart has reasons that reason does not understand. - Jacques Bènigne Bossuet
  214. Re:Burden of Proof: Show He *Wasn't* Authorized. by SubtleNuance · · Score: 2

    Not for security it doesn't. Security is a matter of knowing where every program on the machine came from, and knowing that no uncertified programs have even been run on the machine. It is solely a matter of trust...

    Spoken from the POV of the rule-rigid. Symanticly you are flat-wrong. Why would you trust your Oracle ODBC driver or copy of winsock.dll more or less than Dnet? Dnet is as known and understood as either Oracle or M$ wares - what makes you sure there isnt some trojan code on one of your 'certified' binaries? Give me a break, Dnet only does what it reports - as much as anything else - and there is no reason to think-otherwise. Your argument would have made sense in a universe where RC5 was Sub7 - in this one, the reality is, it is not.

    BTW, what 'certified' you to be the All Knowing Sage of Securtiy? Your whole post is really in left field - do you have an MBA?

    To fully recover from a compromise, you'd have to replace them all. Would probably be cheaper to just scrap the equipment and buy new stuff

    Are you on drugs? A troll? These were commonly-available, general use computers - with accessible cases and (*gasp*) disk drives - do you think this is the control-room for a nuclear missle or a office computer? Your argument would have made sense barely in the former installation.

  215. Re:Burden of Proof: Show He *Wasn't* Authorized. by poot_rootbeer · · Score: 1
    It is my contention that his personal goals and the mission of his company were not in conflict

    It is my contention that you're a jackass. The duties of system administrators are to support computer systems, so that people can use them, not to participate in research (with the possible exception of research directly related to supporting the systems, e.g. setting up a dev box to test a new version of some software package).

    The fact that this guy had root on these boxes is irrelevant. The fact that this guy worked at an academic institution is irrelevant. Actually, most of the facts you bring up are irrelevant.

    Bottom Line: This guy used widespread company resources for a purpose not explicitly related to his job duties, and in doing so created a potential security violation. Does he deserve to be fined millions of dollars and spend the rest of his life in jail because of it? I would say no. But you seem to be stubbornly insisting that he did nothing wrong in the first place, and that is the basis of my contention that you're a jackass.

    -Poot

  216. Geez by WildBeast · · Score: 1

    Damn, well I understand he did something wrong but I really don't see how it could cost them $0.59/sec and 15 years in jail? Drug trafficers, drunk drivers, child abusers, etc. don't even spend half of that time in prison.

  217. Re:our legal system is messed up by WildBeast · · Score: 1

    I guess money is more important than human life.

  218. Re:Good. by sulli · · Score: 2

    Yeah, and you never read slashdot at work? Don't be so quick to jump on this guy, unless you are so scrupulous that you never use a work computer to send email to your girlfriend, book a plane flight home, or check the weather.

    --

    sulli
    RTFJ.
  219. Execute him by amanb · · Score: 1

    Only a few years in jail?
    He nearly commited the the biggest crime of all times - with that much computing power, he could've almost converted pi to binary

  220. Hmmm something is up by Billly+Gates · · Score: 1

    What he did was totally illegal and unethical but half a million and 15 years?

    If this was a private civil lawsuit even a half million is redicolously expensive. Did the school really lose that much money from this evil hacking program out to destory the world. Ohh the horror!

    Sometimes these school districts love power trips. I remember someone who almost got expelled for clicking the file menu when the teacher told him not to. It turns out she considered it hacking. Amazing that doing something without permission in an authoritive way is the same as ruining school property. His parents threatened to sue and he did recieve any punishment after that. I hear all sorts of horror stories from school districts here on slashdot. I also remember reading stories of linux 2 years ago here on slashdot in which the interviewer asked several admins about it and the one from a school district mentioned that he would fire the individual and seek criminal charges???

    Anyway, back on topic I believe this indiviudal has a good chance of appeal. I believe he does need to pay a fine or perhaps some minimal jail time for installing unathorized programs, but what he is being nailed for is inappropriate. I bet the attorney general heard the words encyyption and cracking and assumed he was trying to crack into their systems and ruin property. He probably did not really understand what RC5 is and what its used for. The user also could of been charged as an example to scare students on why you should not hack or crack on school property.

  221. E911 accountant. by shumacher · · Score: 1
    According to the State of Georgia, one single Distributed.net client costs 59 cents per second in datatraffic.
    I've wondered what happened to the accountant at Bell that decided the stolen E911 documents were worth tens of thousands of dollars. Now I know.
  222. Re:Wow, I almost did that... by cooldev · · Score: 2

    Excessive, but not unwarranted.

    A few years ago, when I was in college, I stuck it to some idiot for doing the same thing (might have even been MD5). It's the one and only time I reported someone for abusing the systems (yes, I approached him nicely the first time). He was a regular undergrad running it on every available machine in the CS department. It was nice'd, but it still managed to peg the CPU and slow down interactive use on all the machines by quite a bit. Very annoying; nobody has the right to monopolize computer time on public systems at the expense of everyone else. Use your own.

  223. Some GA companies should worry by Rosco+P.+Coltrane · · Score: 2
    ... such as The Web Advantage located in Savannah. At 59c per email, they could find themselves in a multi-billion suit against the state in no time :-)

    Actually, come to think of it, I wonder why they sued the poor guy with his Distributed.net node instead of those mass-marketing digital ass-sores that have been clogging the Internet for so long.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Some GA companies should worry by GnuBeest · · Score: 1

      Because he was dumb enough not to know better. The problem with the mass-marketing spammers is that they KNOW it's illegal, and make every effort to tie up every loose end, stealing resources from wherever they can, then moving on to wherever else so they can start the whole cycle again. It's easier to catch a rabbit in your garden than to find him where he lives.

  224. Mod this up please. by Troodon · · Score: 1

    Given the number of posts querying the apparently excesive penaalty; IMHO this is worth a few + mod points to clear the matter.

    --
    troodon.net
  225. A common court-room tactic... by Bahumat · · Score: 2

    The rediculous amount of damages claimed is for a good reason (at least from the universities point of view). They know that they're not going to ever collect nor see that kind of penalty in place. But faced with that sort of claim, most lawyers advise their clients to bargain it way down... It's easier to win a court case claiming 2000$ damages against you than it is 500,000$. Dollars to donuts, you'll see this bumped WAY down to no jail time and (max) 20,000$ dollars fine, and most likely less than that. Bahumat

    --
    "To pass through the jungle; silence, courtesy, ferocity, as the occasion demands." -- Kamau, "Proper Passage"
  226. Mathematicians in Georgia by _ph1ux_ · · Score: 1

    ok lets assume a month has 30 days.

    let assume a t1 costs 2K per month (used to be typical).

    here is the math:

    24 hours in a day.
    30 days a month.
    720 hours in a month.
    43200 minutes a month.
    2592000 seconds a month.

    (2000/2592000)= *NOT* .59c - i dont know exact figure... here is what calc gives out: 7.71604938271604938271604938271605e-4

    so - obviously these people are fscking lunatics.

    1. Re:Mathematicians in Georgia by iamblades · · Score: 1

      That would be .0007716$, or around .08 cents a second. I also think 2000 would be a bit steep for a T1, even 2 years ago... I wouldn't have paid more than 1500 for it.... and they are about 800 now.. :)

      --
      Shit adds up at the bottom...
  227. Re:Wow, I almost did that... by singe_69 · · Score: 1

    Some dumbass here (unspecified major computer company) decided that the seti@home setup for linux would work great on our x-terms and installed it on a buttload of them, it worked great, until the Unix admins here found out what was taking up all those cpu cycles on our mainframes............

    --
    "Laws are like sausages, it is best not to see them being made" Otto Von Bismarck
  228. Re:Burden of Proof: Show He *Wasn't* Authorized. by Deltan · · Score: 1

    Wow... You're a complete Ass! LOL

  229. Re:Don't tell owt legal security by Pravada · · Score: 1

    Japan has the death penalty.

    And you're not sorry. You're practically chortling with glee.

    --
    --- On the other hand, you have five fingers.
  230. Re:I say prosecute him. by 1ridium · · Score: 1

    It wasnt any one persons bandwith in the first place. It was a computer lab not personal computers and if the user didnt know the program was running then maybe they should gain some intelligence before they try to use a computer.

    --
    Make it idiot-proof and someone will build a better idiot.
  231. Simple Solution by Auckerman · · Score: 5
    He should just "anonymously" report the State of GA to the BSA for piracy...

    The audit alone should cost a few million...

    --

    Burn Hollywood Burn
  232. Wow, I almost did that... by japhmi · · Score: 1

    I was going to install a bunch of that type of clients in a computer lab at a university. This seems a tad excessive, doesn't it?

    --
    "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    1. Re:Wow, I almost did that... by bellers · · Score: 3
      When I was the MIS at a public k-12 school in Missouri, I installed the SETI@home client on every desktop system in the district. It was a decision widely applauded by every single member of both the science and mathematics faculty. The math dept loved watching the FFT analysis, and the science dept loved the idea of looking for ETI. That said however, I think that this man is in a fundamentaly different situation, which I will sum up here: #1: I registered a team that all completed work units in the District's name, so it was truly a public effort. My name was listed only as the coordinator. #2 (this is the damning one): SETI@home doesnt have a lucrative cash purse associated with it. The prosecution is going to contend that he is stealing CPU cycles hoping to win the jackpot. This directly ties into #1, because he's doing it in his own name. This case looks bad for him: almost as bad as those poor bastards who set up a whole LAN-full of All-Advantage clients, who meshed together the referring userids back and forth, and all ultimately led to the MIS's private mail account. He made a pretty little penny over that, and good thing too: he blew most of it on legal fees. This bloke is fooked.

      You are standing in an open field west of a white house, with a boarded front door.

      --
      This space for rent.
    2. Re:Wow, I almost did that... by fors · · Score: 2

      And you too could have found yourself fighting to stay out of jail. I'm sorry I don't have any sympathy for the guy. This is one of those common sense items that some people just can't comprehend. If you don't have permission to run this type of client on someone elses computers then you are guilty of theft of processing time and theft of the bandwith. I don't care how good the cause is or whether you personally can gain any benefit from it. You have to cya by getting permission. You don't own the machines, the network, or pay for the bandwith, so you don't have the right to decide to use them in any way that is not directly related to their purpose for being there.

      --
      "If there is nothing you are willing to die for, then you are not really alive." Myself
  233. A Similar Story comes to mind by Big+Nate · · Score: 2
    This isn't entirely new (but what is?). Virtually the same thing happened to a guy named Aaron Blosser a while back. He installed clients for the GIMPS Project (finds mersenne primes) on computers at the company he worked for (as an NT Admin I think), US West. US West found out and fired him, but not before contacting the FBI, who pretty much put him through hell.

    This situation seems to be about the same, he basically did no harm (the GIMPS client is very well behaved, and I can't think that the Dnet would be much worse), but it basically boiled down to the fact that he didn't have permission. What seems to be different is that this guy is facing huge criminal charges, I don't recall that Aaron faced any jail time or fines, but was still slapped around by the FBI (mostly out of cluelessness) for a long time.

  234. I find it interesting by acceleriter · · Score: 2
    . . . that a state government is prepared to go after this former employee for "theft" of its computing resources while companies like Real and Netscape can use individuals' machines to spy on people without their consent, and barely suffer a legal scratch.

    That said, I hope and pray the thugs prosecuting this case are called out and shown to the public clearly for what they are. Or else we are all in serious danger.

    --

    CEE5210S The signal SIGHUP was received.

  235. Re:interesting stats by acceleriter · · Score: 2

    When they try to say he was competing for a $50,000 prize, it would be good for the defense to point out the expected value of his prize (as of that day) was $50,000/129,251, or approximately thirty-nine cents.

    --

    CEE5210S The signal SIGHUP was received.

  236. Re:interesting stats by acceleriter · · Score: 2

    Whoops. My bad. Make that $2,000/129,251, or approximately one and a half cents.

    --

    CEE5210S The signal SIGHUP was received.

  237. Re:the license by acceleriter · · Score: 2

    I hope you never use the bathroom at work, unless you don't mind being monitored. It's their resources and their time.

    --

    CEE5210S The signal SIGHUP was received.

  238. Re:I agree, but a felony? by nanoakron · · Score: 1

    Just what I like about the States - incredibly harsh penalties, right out of line with the rest of the western world.

    Because remember, it's been proven through 3000-odd years of history that locking people up for ages in response to their offence rehabilitates them REALLY effectively, AND deters others. NOT!

    Then again, I don't see how else the US could maintain such a diverse conglomeration of people without what I call the 'democratic equivalent of military rule' - summary justice, the right to revenge (death penalty includes a lot of this), harsh unwavering enforcement - except it's done by a judiciary rather than a military.

    I used to think liberalisation was bad, that it eroded society's 'moral framework', until I realised that in the moral world morals are totally subjective and irrelevant to government and the judiciary.

    -Nano.

  239. Bad Joke by nanoakron · · Score: 1

    Let's hope he never booked an airline ticket online or he'll have hell trying to get bail.

    "Yer honour, we have proof of the defendent repeatedly trying to flee the crimescene."

    hee hee.

    -Nano.

  240. Re:So? by Oswald · · Score: 1

    `where people think that the moon landings were fake, but that television wrestling is for real'

    Funny thing is, here in Georgia, we say this about the people in Alabama. I wonder, who do they tell 'stupid' jokes about in Poland?

    Seriously, I've lived here almost 30 years now (childhood in Pennsylvania), and I'm still appalled by the culture of insularity and ignorance that dominates in this part of the U.S.

  241. This smells like a hoax. by rf600r · · Score: 1

    Doesn't it?

    I mean, maybe it's not, but the language just reads like a lot of SPAM I receive.

  242. RE: Confirmation by Ska-Baby · · Score: 2

    Well short of having any formal documents to confirm this guy's story, we can make a pretty good guess at this guys truthfullness. First off this guys stats are throught the roof for about a year and he is still at spot #94 for all time RC5 crackers. It would take quite a few p3's to crack as many blocks in 1999 as this guy did, at least 50-150. These stats drop drastically about after July 2000 which certainly supports his story about getting caught. Second, no one has come forward to refute his story. I'm sure that the email address which was posted that correlates to the RC5 stats is being flooded with email full of questions relating to the post. Third, the member in the forum who posted was of "member" status not "junior" status which gives more credibility to this being an actual fact rather than some dumb joke. Keep in mind that none of this is concrete evidence it merely supports the story given to us.

  243. It's Real simple (pun intended) by whizzmo · · Score: 1

    Real Networks, Netscape, et al, have lots of $$ to throw at lawyers if need be. This poor schmuck doesn't (yet).

    Has anyone seen/heard of a legal defense fund yet? I only ask because this is a *Very Bad* precedent to set, and we /.ers should be doing our part to help him. Does he deserve a swift kick in the ass? Yes. Does he deserve 2x the amount of time in Prison that murderers get? Hell no.

    When an admin is not allowed to manage his/her network as they see fit, they are no longer an admin, but a technician.
    ---
    nuclear presidential echelon assassination encryption virulent strain

    --
    nuclear presidential echelon assassination encryption virulent strain
    Whizzmo
  244. Well here goes my karma by bstrahm · · Score: 1
    I hate to say this, but did you own the machines that you were running the DNet client on. Did you have permission of the owners to run the DNet client.

    0.59 may sound like a lot, but how many machines are we talking about here ? I used to run a distributed program on my laptop, buy my wattage went from 15-30 Watts just by running the client. If enough machines are involved the electricity could easily eat up 0.59/sec. (15 watts X #machines gets large real fast)

    Moral of the story. DO NOT play with computers that you do not own, DO NOT play with computers that you are responsible, but do not own, DO NOT play with computers that pass in front of you in an open lab... I imagine the state is asking for a large sum, but will settle out of court for much less, now will that article get /. ? I doubt it

  245. Don't tell owt legal security by Holger+Spielmann · · Score: 1
    • Lady burned her legs with hot coffee - 2 million $ (was at a McD*nalds shop)
    • Guy got lung cancer by voluntarily incorporating toxic substances (cigarettes) - 7 billion $
    • Ten year old boy got inprisoned for helping his sister doing pee-pee
    • You can always get jailed for having an old empty beer can in the back of your car, even if you're completely sober and it was left by your brother you picked up after a party
    • Foreigners who got charged aren't allowed to contact their embassies for legal assistence
    • You invented legal nonsense like software patents or the DMCA.
    • You are the last of the industrialized countries which still has the death penalty.
    • and now *this*
    Dear Americans,

    don't tell your living in a country which is still a modern democracy. It ain't. From the european viewpoint, you're getting closer and closer to countries like China or Iran.
    Sorry I have to say this...
  246. rc5 output by flynt · · Score: 3

    here is the guys rc5 output click

    1. Re:rc5 output by essdodson · · Score: 1
      Three years ago when I was a senior my county utilized what they called a 'dedicated' cable modem. Apparently we just had a cable modem connection and were the only node on that segment. The county had some deal with the local cable provider. They had VPN setup between schools and central offices. Keep in mind this was 3 years ago.

      Public colleges are connected to GA's Peachnet which I believe buys services from UUNet, our campus is attached via two T3 links. The three largest each have OC-3s from what I've heard.

      --
      scott
  247. Need more information... by spellcheckur · · Score: 5
    It's one thing to be an acadamian at the school installing software on a bunch of computers you have access to, it's quite another to be paid to configure computers for the institution and go about installing something you don't have permission to.

    The post is kind of vague as to how specific his job duties were, and if he was just doing a bad job at his position, or whether he was in violation of his described duties. I would imagine a state agency hiring a sysadmin/IT person, would put some clause in regarding malicious or unapproved software.

    .5M and 15y seems excessive, but it also looks like a criminal prosecution, so those are probably the maximum penalties for what he's been charged with. If convicted, I would imagine the real sentence would be much less.

    1. Re:Need more information... by cloudturtle · · Score: 1

      I think in all the discussion about the relative fairness of the proposed punishment something has been lost - these computers have been running with distributed net for TWO YEARS. I think any lawyer can mitigate most of Georgia's claims by bringing up Georgia's obligation to properly maintain their own property. If the information techs, computers techs, financial auditors, ect. didn't notice the wasted bandwidth - and d. net has an icon when it is running, meaning that it was not being kept out of plain sight - then the culpability is probably more on the state than the installation tech.

    2. Re:Need more information... by janpod66 · · Score: 2
      .5M and 15y seems excessive, but it also looks like a criminal prosecution, so those are probably the maximum penalties for what he's been charged with. If convicted, I would imagine the real sentence would be much less.

      Of course: it's legal blackmail. "Well, Mr. X, you can either sign a confession here and get probation and a $20k fine, or you can have your day in court and, regardless of whether you are guilty or not, we'll be able to confuse the jury enough to convict you and put you away for 15 years. Which will it be?"

      The ever spiralling maximum penalties in the US are achieving what they were designed to: they are reducing the court's work by getting people to plea bargain. The same principle is, of course, applied by courts in China, Central America, Turkey, except they usually still use somewhat cruder measures. The inquisition and the Salem witch trials were good at it, too.

    3. Re:Need more information... by jrp2 · · Score: 2

      Absolutely. Let's just hope he gets the "swift kick" he deserves, a few people learn their lesson and the world moves on. I am quite confident that a decent lawyer will get him an appropriately light sentence (small fine, maybe some "community service" and he apparently already lost his job). I assume the folks responsible for the prosecution are probably reasonably aware of what RC5 is by now and are mostly looking to get some buzz on the topic and put some fear in others considering the same thing.

      Now, I gotta go now, have to take down all those mirrors I got running on my employer's computers ;) Heh, heh. Just kidding, but I think most of us have crossed "the line" in the past, perhaps not as grossly though.

      --
      The only athletic sport I ever mastered was backgammon - Douglas William Jerrold
    4. Re:Need more information... by GnuBeest · · Score: 1

      Now I feel dumb. I hadn't realised this, either, although it doesn't change much in my mind. I'm not certain about the dollar amount, but many folks have stated that 15 years is the maximum under the statute he's apparently voilating. He almost certainly doesn't deserve that (I'm not sure he deserves ANY time in the clink, poor bloke), but he broke the law, regardless.

    5. Re:Need more information... by GnuBeest · · Score: 1

      You raise a good point, but the difference is that, unlike the maintainance tools you mention, this is software can can be clearly proven (even to the layperson) NOT beneficial in ANY way to the operation of the systems in question, and can easily be deemed detrimental to the performance of said machines, all in the name of personal gain (that this personal gain is primarily of an educational and scientific nature is completely beside the point, even discounting any potential cash prize.) He was given a job to do, and this wasn't remotely part of it. It's akin to a government office being budgeted too much money to build a highway, so they use the remainder on strippers. (Okay, so it's an over-the-top analogy; work with me here.)

    6. Re:Need more information... by GnuBeest · · Score: 1

      This is a state-run public school we're talking about. They're not gonna be teaching cryptography or distributed computing in Mrs. Blaileen's 5th-grade geography class. It wouldn't matter if he were calculating Mersenne primes -- he used taxpayer resources for personal use. He meant no harm, his intentions were good, he shouldn't (and likely won't) get much more than a slap on the wrist (compared to the maximum penalties under the statute he's accused of violating), but he still broke the law, and he should have known better. He has my sympathy, but I'm not rushing out to contribute to his court costs.

  248. Re:Good. by mikethegeek · · Score: 2

    "Just explain them what the correct definition of hacking. Writing or altering sourcecode or system-settings e.g. programming. Cracking on the otherhand is illegal. I'm a hacker, but I've never broken the law. I agree that he misused the means given to him but 500000$ and 15 years among hard criminals. Anyone should be able to see what's wrong. (Well obviously not lawyers, but then again ...)"

    Of course, eductating the courts is the answer, but unfortunately, the courts are under NO obligation at all to listen to us. Keep in mind, most judges are older people, who didn't grow up with computers.

    When Gen X gets old enough to become politicos and judges (almost there), things may start to improve.

    --
    === The price of freedom is eternal vigilance
  249. Re:Good. by mikethegeek · · Score: 5

    "He will never get 15 years / $500000 in fines. He will however, go through hell defending himself and getting off with an approprate punishment. He completely deserves it too. Using other peoples computers and bandwidth (reguardless of how little they will be affected by it) for your own personal gain is just plain evil."

    Don't be too sure. Most judges know more about nuclear physics than they do about how computers and networks REALLY work.

    And pretty much ALL you have to do to fuck someone in the courts is to call them a "hacker". As 2600 found out in the DeCSS case. Doesn't matter what the merits of your defense are once that label is thrown out like red meat to the judge. Of course, having a corrupt and/or incompetent fool like Kaplan for a judge didn't help.

    --
    === The price of freedom is eternal vigilance
  250. Maybe he was wrong by kinaole · · Score: 1

    David, I hate to be one to go against the grain of popular opinion that this court case is all about a threat to personal freedom to use the internet and computers. The fact is, the computers and internet bandwidth belong(ed) to the State of Georgia. There are a lot of employers who have specific written policies about the use of their computers and internet service for employees personal business or fun. If Georgia has such a policy in place, then David broke the rules. Granted, $.59/minute is probably well over the top; and i was once a heavy RC5 user myself. But the fact remains that David may well have violated your employers rules regarding acceptable use of their property. I would: * Check to see what policies may have been published at the time of the violation(s). * Try to make the best deal with them possible if he was, in fact 'out of bounds' aloha, dave price - davep@support-one.com - 303-378-9053

  251. Re:Slippery Slope by TGK · · Score: 2

    My understanding of the situation (flawed though it may be) is this. The entire point of these background clients is to use a small amount of bandwidth at long intervals and to use only unused processor cycles to preform calculations. Now then... if we assume this to be the case (if I'm wrong on this please ignore the rest of this comment) then the defendant has not used any significant amount of bandwidth that the prosecutor wasn't allready paying for anyhow (broadband like this is a flat charge, not by the bit right?) and he's not taking processor cycles away from anything else right? So, really, how can they claim any monitary damages? It seems to me that this can be equated with raiding the shredder waste bins for paper scraps for making paper mache or something.

    This has been another useless post from....

    --
    Killfile(TGK)
    No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  252. E-Rate's probably paying for the connection anyway by zerofoo · · Score: 1

    Look into this: E-rate was probably paying for the connection at the school anyway. If so; how can they try to recoup costs for something that they don't pay for! -ted

  253. What a dope! by zerofoo · · Score: 1

    Gee, maybe quake will run fast on our mission-critical servers.....what an idiot.

  254. Seti@former.employers by perlchimp · · Score: 1

    Maybe I should go back to some of the places I worked at and remove all the seti clients I left running. I left quite a few at a University that I worked for and I guess they could run for years.

    1. Re:Seti@former.employers by Dave+Luyten · · Score: 1

      Imho it is useless to install a few, several or in the worst case countless of copies of a program on a computer network, if they are not adminstrated. Software needs updates people, 2-year old installations of d-net are effectively useless, burning CPU-time while there responses are rejected by the servers. If for no other reason, that's why you should obtain permission. So that when you leave for a better and brighter job :-) the software on your previous place of work gets regular updates & maintenance. It gets installed on all new (& powerfull) pc's. It just becomes part of the standard software package. Plus you don't get sued.

  255. Re:Some point by Zeinfeld · · Score: 2
    That's my favorite line in your post. Can I quote you out of context elsewhere?

    Sure, just get the attribution right, that would be Barbara Bush.

    Feel free to send a copy to my parole officer.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  256. Re:Some point by Zeinfeld · · Score: 2
    The nature of the program is that it will prioritize itself down if other programs are in use.

    I would not rely on that as a defence argument. There are many academic programs that run in background mode to snarf up otherwise spare cycles. Physicists have lattice gauge calculations, Geant simulations, meteorology, there are lots of biologists with gene sequence data to crunch.

    Unfortunately most of those programs are also designed to have minimal impact on the other users of the machine. Just because a program is at a low machine priority does not mean it is not important to someone. The crack program will take cycles from other distributed applications.

    Probably the best approach is to turn the question arround and assert that running batch jobs in spare CPU cycles is a standard academic practice and that a competent sysadmin should have the knowledge and experience to run such programs on their system.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  257. Some point by Zeinfeld · · Score: 4
    Unfortunately the costs may be justifiable. The term bandwidth is often used in the parallel processing community to refer to processor 'bandwidth' and not merely the network bandwidth folk are discussing. I could well imagine that with several hundred (thousand?) processors the costs could approach $0.59 per second.

    The problem with the 'background task' argument is that breaking RC5 is not necessarily the best use to which those cycles can be put.

    The issue of authorization is the weak point in the State case. Running a codebreaking program falls pretty squarely within the normal run of academic persuits. The fact that a prize is offered does not necessarily mean that the enterprise is 'for profit'. All sorts of prizes are offered for academic research. In the case of the RSA cryptography challenge prises they were started by Ron Rivest so that he did not have to spend half an hour reading each day about the latest factoring scheme people had thought up. Peter Trei later suggested to Jim Bizdos that there might be other challenges that would be somewhat more fun and relevant.

    Best chance of getting the case thrown out is likely to be demonstrating a that running a crack program is considered acceptable academic behaviour at most universities.

    I don't see the terms of service giving the prosecution much help. They are so broad that they could be read to permit or prohibit practically any behavior. The defence get the benefit of the ambiguity, not as some slashdotters appear to believe the prosecution. Nobody is disputing that the guy was authorized to use the equipment, the issue is whether the specific use made was authorized. That is a very subjective question, hardly one that should be at the center of a criminal prosecution.

    The reason we had to start putting up the terms of service notices was that without them the courts would not even allow prosecutions of people who broke into computer systems to abuse them in the most malicious ways you can think of.

    Still the guy has only himself to blame, you go to live and work in a mickey mouse state that only gave up the swastika (oops sorry symbol of the slavers side in the civil war) on its state flag with great reluctance, you expect the type of legal system portrayed in Stir Crazy and My Cousin Vinny.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  258. lets work out how they get 59 cents per second by CTho9305 · · Score: 1

    thats a load of BS. lets work this out. My university's net connection is about $600k/year (I'm assuming $50k/mo for an OC3). thats ~$1650 per day. thats $69/hr. = ~$1 per minute. about 2c per second. If you factor in the increased power drawn by the CPU (lets say 10 watt-hours per hour), that is still WAY short of 59 cents per second

    1. Re:lets work out how they get 59 cents per second by CTho9305 · · Score: 1

      my point still stands though... 2c per second is enough to buy MAJOR bandwidth. thats assuming one client. what they're claiming is totally irrational

    2. Re:lets work out how they get 59 cents per second by CTho9305 · · Score: 1

      I doubt that more use of our bandwidth increases our costs. Most of our cost seem to come from a) physical maintainance and b) tech support. whether someone uses no bandwidth or is constantly sharing/downloading movies does not have much effect

  259. Re: Confirmation by CTho9305 · · Score: 1

    member is actually not a very high status though - its the 2nd level, I believe.

  260. Georgia's secret plan- write off all IT expenses.. by paranormalized · · Score: 1
    as a charitable deduction! Think about it, if they get away w/ this ridiculous assessment of the expenses of running Distributed.net at $0.59/sec, what rate can they set for Seti@home or Folding@home? Then you simply set up clients in all your universities, claim it as a charitable expense, and then, before you know it, you're contributing multiple times more to a non-profit organization than you're spending on your whole IT infrastructure!

    Admittedly, you end up in a position of incredible hypocrisy, given that you've thrown a guy in jail for 15 years for something you're now implementing everywhere, but what the heck, evil overlords aren't above a little above a little self-serving hypocrisy... If one man suffers so that you can write off a huge amount of expenses as charity, what difference does that make? We have one cool evil mastermind in the D.A.'s office in Georgia here folks..;)

    Well, maybe that's a little too far-fetched and Machiavellian an idea to actually originate from any gov. institution, outside of the intelligence agencies. But it brings up a wonderfully Machiavellian idea for a counter-suit if the fee is upheld...

    First, if you live in Georgia as head of an IT department, bring up the idea of charitable contributions via usage of comp. resources to one of your company lawyers and your CEO. Then, if the lawyer thinks the idea is a possible, your CEO gives assent to the idea, and if you're feeling generous to the world in general, go through the motions of filing paperwork and other legal expenses, and go to the work of installing/setting up acual clients. This first time around, make reasonable claims on actual expenses.

    After you've gotten the hard work out of the way, start claiming charitable contributions based on the results of the original lawsuit Georgia filed. You'll either get the fee assessment overthrown, in which case this McOwen guy can use your case results in an appeal of his case, or the fee assessment holds, and you get to save your company potentially millions in taxes at the end of the year! Either you get the good karma of helping a guy avoid cruel and unusual punishment, or you get a nice bonus from your company! Win-win situation all around, folks!

    All the fun of twisty-minded plans w/ the self-righteous glow of good works... is there any better combination?

    -----
    IANASRP- I am not a self-referential phrase
    -----

    --

    -----
    IANASRP- I am not a self-referential phrase
    -----
    email: proprietary becomes free, org to com
  261. A few observations about campus computing by teambpsi · · Score: 2
    Having administered machines for several Universities prior to starting an ISP I hope the following observations to be interesting:

    1. Every professor running "SETI" should be included in this lawsuit

    2. Unless this guy was NUMBER ONE, their own network management would have sniffed this out long ago, which makes me wonder what is REALLY going on that that don't know about ;)

    3. The software in question isn't cloaked

    4. Unless he was the ONLY administrator even a junior admin (ie, another employee) would know about it

    5. Admins are in tight with the professors -- surely somone on staff knew and implicitly approved of this

    6. The state is frankly full of shit when it comes to bandwidth pricing and couldn't possibly legitimately price "per minute" rates for data -- that is ridiculous -- what are they on? Circuit-switched cellular?

    7. This is a school right? A learning institution? The bad PR alone will cost them more than they would ever hope to gain.

    Unless this guy locked all the passwords on the boxes its ridiculous to think he is "ultimately responsible" for this. He had superiors (well, bosses anyway), and some form of peer review.

    Shit, just think of the number of vanilla installs of most Unices out there trying to pull down netnews, and worse, the ones that are succeeding

    I sure hope its a hoax -- i'd hate to have to add Georgia to my "wish it would slide into the ocean" list ;)

    --

    Old age and treachery almost always overcome youth and skill.
  262. Meanwhile@the atty generals office. by AX.25 · · Score: 1

    Ga Attorney General: Whatya listening to Fred. Deputy Ga Atty General: Rush, this internet is cool. Ga Atty General: Yea, Rush is so right. Deputy Ga Atty General: I'm with ya.

    --
    What is pirate software? Software for inventory of stolen treasure?
  263. Georgia's computer piracy law. . .reminicing by fossils · · Score: 1
    Wow.. I remember when Georgia first implemented that law. If I remember correctly, the system was University of GA system (connecting all the schools) back then was a Cyber 740...All those ASCII based games, Talk, Forum.. sigh..

    I wonder what happened to a few of the first that were charged under that law.. If my faulty memory circuts are synapting correctly, LKO (Lord Kalvin of Otherwhen) and Gimli basically facing the same threat. Although I think they were given an option out of prison time by going to work for the state to help keep the rest of the cybernauts from putting up our multiplayer Star Trek games..

    It's been years but it makes me wonder who else from that place and time are sitting around on /.
    Let's see...
    LKO, Gimli, Black Knight, Dr. Who, Corwin, Rigel, Lizzard, Shorty, Steve S., Pegasi, Karen ...
    sigh, too many years. Does anyone else (even from other areas) remember the FUGS (Forum User Gatherings)

  264. Linux nice value by ModemShark · · Score: 1

    Did you know that even the "nicest" linux processes, as the d.net client is, consume at least 10% of the processing time? I find that annoying.

    The reason is the lack of a real IDLE scheduling facility in the linux kernel. I waited for this feature since I first run the d.net client, but it never has been implemented.

    Hopefully this will happen sometime in the future. But until then, even the d.net client costs quite an amount of cpu resources.

  265. Re:To preempt all the "it's their equiptment" trol by TeraCo · · Score: 1
    I can't see any parallel between trespass and installing software on PC's that you don't have the right to. Sorry.

    --
    Not Meta-modding due to apathy.
  266. Duh ! by da5idnetlimit.com · · Score: 1

    Ok.

    Please charge me 50c a second.
    For my traffic.
    Please !!!

    Of course, you will provide the same service as my University, which is directly connected to RENATER-2, the Biggest European Link to the US, and is on the Gigabyte brandwith site ?

    OK. 50c a second. We have a deal !!!

    Imagine the traffic for 400 PC used by students ?

    8)

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
  267. Civil or Criminal? by The+Milky+Bar+Kid · · Score: 1

    Using other peoples computers and bandwidth (reguardless of how little they will be affected by it) for your own personal gain is just plain evil.

    Personal gain? You mean distributed.net PAYS you for your computer time? Gee... all this uni bandwidth I'm not using, and I could be making money... Last time I checked, distributed.net didn't pay for processor time - so it was more of a charitable act than for personal gain.

    Does anyone have any idea whether this guy is being sued or charged? Because I can't see how he can be threatened with prison, unless he's charged with a criminal act. I can't see the criminal act here - he's used a lot of their resources, but he hasn't profited from it in any way, so it's not fraud. He presumably was given internet access as part of his job, so it's not theft. He's wasted a fair bit of the school's money, but unless you're a company director, I don't think that's considered a crime.

    And the 59 cents a second claim is utter, utter CRAP. I didn't think distributed.net was particularly bandwidth hungry - it just downloads keys. It's CPU hungry - which is why I took it off my computer (CPU hungry -> lousy FPS).

    --
    This post is about truth, beauty, freedom, and above all things, Karma
    --
    -- This post is about truth, beauty, freedom, and above all things, Karma
  268. Re:What if one has d.net running at an old job now by kidblast · · Score: 1

    I would recommend boxers. Some people like to go with briefs, but whatever you do stay away from those boxer-brief things. Never compromise!

  269. Re:bandwidth by Secret+Coward · · Score: 1

    So how much bandwidth does a typical RC5 client use? This is what half the people here want to know.

  270. Re:I agree, but a felony? by Tuonenkielo · · Score: 1

    I think the problems here are these: 1) distributed.net can be configured to take also the non-idling cycles. 2) Distributed.net offers money prizes. 3) He didn't have permission, pure and simple. Main problem probably is the money prizes, he used unauthorized computertime to have a chance making money. It's like someone loans your power tools to break into liquor store to rob the till.

  271. Re:Burden of Proof: Show He *Wasn't* Authorized. by Tyler-Durden255 · · Score: 1

    No, the prosecution intended to, has already and insists on continuing to do real harm to the system admin, his finaces, his legal status, his emotional state and his reputation. They are far more guilty than the accused but they will argue that they shouldn't be blamed for doing there job while they will not extend the same provisions to the accused.

    I can not see that the accused has caused any harm to the state of Georgia, it's computers, finaces, reputation or anyone in the state. The same can not be said about the DA in this case.

  272. Re:Distributed RC5 at ISP by jdavidb · · Score: 1

    Is he in prison, or working for your stockbroker firm? (Or the hardware company?) (Or the University of Illinois?)

    For a good time, click here

    You're not by any chance sharing an Internet connection, are you? Just because you're limited to a single IP address doesn't mean you have to share userid's, too.

  273. Their calculations must be wrong. by blang · · Score: 2
    59 cents/s that's $59000 a day! Holy moly! If his rc5 clients could use that kind of bandwidth, he'd singlehandedly crack the 64 bit key challenge in a couple of days. The Uni should send him the power bill, too. That kind of key cracking must have consumed more electricity than the whole state of Georgia. Weather satellites would have been able to measure a distinct spike of ultrared coming from campus. Heck, I'm surprised the campus did't blow up or melt.

    By overshooting with such an insane amount, the university will not have credibility in court. I bet even a demented old judge wold be sharp ewnough to send these guys packing. Rc5 uses very little network bandwith. A CPU needs several minutes to process a single key.

    He must have pissed someone off, or paranoid pointy-haired beancounters must have gone totally berserk at Georgia.

    I bet that if we calculated the dollar cost for the network bandwidth of his rc5 clients, it'll be around the average for a student's surfing budget. I bet my 2 pennies that a download of cnn's homepage including banner ads and graphics, consumes enough bandwith to do a week's worth of rc5 transfers for a handful machines.

    --
    -- Another senseless waste of fine bytes.
  274. School Districts. by gooberguy · · Score: 1

    The school district I'm in seems to be utterly clueless. It took them 2 days to figure out that someone had turned off TCP/IP protocol on a bunch of the routers. They were bay networks POS things (just sending a blank UDP packet to them shut them down), and the sysadmin didn't seem to know how to type "enable ip base" (BTW, he should have looked at the logs and seen my telnet command "disable ip base")

    I think that school districts are both authoritative and ignorant. This makes them danegerous if you get caught.

    D/\ Gooberguy

    --


    Karma: Meh (Mostly from meh.)
  275. He isn't the only one... by LighthouseJ · · Score: 1

    I thought about installing the distributed.net clients on my school at the time, it was only 30 PC's, but still. I'm on the guy's side, it wasn't like he was using the Chemistry rooms to build bombs or anything, he's furthering security and privacy for everyone else. Plus, like other people have pointed out, the amount of bandwidth he used is so miniscule compared to all the porn people download at school. I say give him $415,000 and everyone give him a big round of applause.

    1. Re:He isn't the only one... by LighthouseJ · · Score: 1

      If you think RC5 and probably Seti@Home are little toys, then you belong on the same side as Georgia.

  276. Re:Good. by halftrack · · Score: 1

    Just explain them what the correct definition of hacking. Writing or altering sourcecode or system-settings e.g. programming. Cracking on the otherhand is illegal. I'm a hacker, but I've never broken the law. I agree that he misused the means given to him but 500000$ and 15 years among hard criminals. Anyone should be able to see what's wrong. (Well obviously not lawyers, but then again ...)

    --
    Look a monkey!
  277. Re:Good. by halftrack · · Score: 1

    I agree, but the state attorney, will probably have to try to educate them on technology to convince them that this misuse of trust is worth a 500.000$ fine and 15 years in jail. So the question will be: who's going to educate the obviously misinformed state attorney.

    --
    Look a monkey!
  278. high penalty by discogravy · · Score: 1

    the sad fact is that if he'd raped someone on campus, or stolen university property (like a computer) it would either get hushed up or he would have gotten a slap on the wrist.

    -d.
    --
    Slashdot: When News Breaks, We Give You The Pieces

  279. re: stolen 911 documents by xarc · · Score: 1
    They were 911 documents, stolen from Bellsouth. That was the whole Steven Jackson Games fiasco. Bellsouth said the document cost ~$80k, but then it was found they offered it to the public for $20. Here's more info:

    http://www.2600.com/secret/sj/sj-cyberlaw.html

    or Google for 911 Steven Jackson Games Bellsouth.

  280. Re:And at work, you use the phone for...? by aka-ed · · Score: 1
    Personal calls: Many employers forbid this, and it is their right to do so. And setting up the phones to automatically dial a local number whenever they are not in use will probably get you fired just about anywhere, even if it is toll-free, and even if it disconnects for incoming calls.

    Copy machine: Ask your boss's permission to reproduce your pr0n collection on the color copier sometime.

    Writing utensils, I'll give you that one. If you think that's analagous, though, I'll trade you my Bic for your workstation.

    I want to get drunk with Hoagy Carmichael and

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  281. Re:our legal system is messed up by aka-ed · · Score: 1
    The killer served 7 years, and prior to his conviction, was no doubt threatened with more severe penalties.

    Our bandwidth thief has not served any time, as yet, and is being threatened with maximum penalties; the dimensions of his crime are being amplified by inflated bandwidth costs and the duration (2 years) of his violation.

    I doubt if he will serve as much time as he is being threatened with; it's possible, and to be hoped, that he will not serve time at all.

    Sure, the legal system is messed up, but the comparisons you're making aren't really valid, at least not yet.

    Of course, John Sinclair *did* get 15 years for two joints...

    I want to get drunk with Hoagy Carmichael and

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  282. Re:interesting stats by aka-ed · · Score: 1
    Even on his best days - when he was contributing 2000 times as much bandwidth - his profit incentive was in the area of 30 bucks.

    Next time, he should try Publishers Clearing House.

    I want to get drunk with Hoagy Carmichael and

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  283. Re:And at work, you use the phone for...? by aka-ed · · Score: 1
    > jackbooted state thugs

    This is Georgia we're talking about. The appropriate cliche is "inbred rednecks" and they're usually barefoot. ;)

    Seriously, we are talking about 2 years of "personal phone calls" from every computer on the school network, and this guy was no longer working there when it was discovered (its not even clear to me whether he was an actual employee, or a "contract worker"), so presumably it would've gone on indefinitely. The two don't really compare.

    I want to get drunk with Hoagy Carmichael and

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  284. Re:interesting stats by aka-ed · · Score: 2
    "The odds are 1 in 129,251 that this participant will find the key before anyone else does."

    So much for his chances in the geek lotto.

    I want to get drunk with Hoagy Carmichael and

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  285. our legal system is messed up by josath · · Score: 2

    my aunt's friend was murdered, and the killer only served 7 years in jail. a guy steals otherwise wasted computer time and they want to give him 15 years? is this the same as killing two people or something? sometimes i just get fed up with the world.

    --
    sig? uhh, umm, ok
  286. Re:Sue this.. by GnuBeest · · Score: 1

    After all this time, I still get a giggle out of the torment that site draws from so many people. Their webmasters need to be sainted. Fortunately, most of my friends who I've sent to that site "get it", but it's still a gas to watch the folks who don't.

  287. Re:Sue this.. by GnuBeest · · Score: 1

    Just where did you see me say it was or wasn't? I was commenting on goat, not your post. Yes, it was in the wrong bleedin' end of the thread. Calm down, no one wants you to anonymously burst a vessel.

  288. Georgia Tech policy by Ramblin+Wreck · · Score: 2

    I'm a student at Georgia Tech and it was made pretty clear to us when we were registering and moving in to our dorms that use of the networks for personal profit were prohibited. In the Computer and Network Usage Policy it states that Computing facilities, services, and networks may not be used in connection with compensated outside work nor for the benefit of organizations not related to Georgia Tech. It goes on to discuss incidental use of the systems and networks but this does not sound incidental and because there was a prize offered I assume it would fall under compensated outside work.

  289. The actual RC5 packets are tiny by JeyKottalam · · Score: 1

    The actual RC5 packets are tiny. The few hundred bytes of data in them is enough for representing something like 2^23 keys (forgot exactly how many).

  290. This is a hoax by frankgxc · · Score: 2

    Slashdot has fallen for the oldest trick in the online scam book and has posted a story believable by only the most inexperienced net users. Why would he discredit himself by associating the email tax hoax with his story? Why would you need to say "This is not a rumor!" if you were talking about a true story.

    Don't let them turn the good of computers into something so terrible. If it was so terrible it should be taken away from the world and not prosecuting one individual. People were panicking about rumors of the Govt tacking on a 5 cent surchange to supplement the Postal service because E-mail is taking away from their business and now the State of Georgia is saying E-mail costs 59 cents per second and this is not a rumor!

    Frank

  291. he's an ass but no murderer by pelorus · · Score: 1

    And you don't put people in jail for being asses. You make them president.

  292. the license by informed · · Score: 2

    I haven't run an RC5 client for about 2 years now, but if I remember correctly there was something the license / terms of use / whatever that said you're not allowed to use it on computers you don't have permission to install it on.
    I assume they wouldn't be suing him if he'd asked whether he could install this and use their bandwidth. So he's got no one to blame but himself.

    It's like people at work that think they have a "right" to not have their email or web usage monitored. You're using someone elses resources, you have to follow their rules. If you don't like it, don't use it.

    --

  293. American Law and Penalties... by Thomas+M+Hughes · · Score: 1

    If you've ever paid attention to how the American Law system generally (not 100% of the time, but most of the time) works, it sort of goes like this.

    The State files a case against someone (or something), and they find every possible penalty they can lay on that person as possible. Generally, they do this to scare the crap out of the defendents to make them more willing to either settle out of court, or plea bargin to get a reduced sentence.

    However, many state legislatures have been getting ticked at the judical system for behaving like this, so they've been writing up mandatory sentancing (Florida specifically has this sort of stuff in response to gun abuses).

    My guess is that this case is the prior. Usually, the judicial system doesn't do everything the state demands. The courts are (sort of) good about that.
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  294. Slippery Slope by UserChrisCanter4 · · Score: 2

    You didn't ask your employer's permission to use your employer's computer for non-work-related activities.

    I would agree with you in the literal sense. Yes, of course he was using resources that he didn't have permission to use. However, stop and consider this from the perspective of your average Joe on the job.
    How many of us don't use our computers for non work related activities? Take /. for instance. Everyone who has their bosses' explicit permission to read and post to /. please raise their hands. I thought so. Or how about checking personal e-mail on your lunch break? Or checking out the (non geek) news sites during down-time?

    Fact of the matter is, this man is guilty, in a technical sense. But, if cases like this start to gain momentum, who knows how many companies we'll have suing their workers for non-work related internet usage.

    Chris Canter

  295. I say prosecute him. by evilpimpstar · · Score: 1

    He didn't have permission to use their bandwidth. He stole it. How would everyone here feel if someone wrote a program that would use our bandwidth/processor power without our consent? So what if he only used a small portion of their network, bandwidth, etc. They can charge whatever they want for their services. THEY OWN THEM! How much money would YOU want for your bandwidth? If someone was using my computer/bandwidth and possibly slowing down my work, I sure as hell would want some compensation.

    --
    you reap what you sow
  296. Re:Good. by sporkraper · · Score: 2

    Sorry if a strong opinion trips your internal troll alert. YHBT in that case.

    Anyway, if he wins the rc5 contest, he will get $2000 (or 1k if he is on a team...). Plus the increase in lateral penile dimensions coming from all of those keys he was crunching. Installing the client on a boatload of State owned computers to increase his keyrate and chances of finding the winning key is wrong. He does not own those computers and he had no business installing the client on them.

    Distributed.net has a clear policy that says that they will not tolerate this shit either. All of the keys cracked on those machines, as well as the ones cracked legitimatly on his own machine will no longer be credited to him.

    You are right, however, in that he is not in the same category as kiddie porn freaks or pirates. He deserves a FAIR penalty which I think I said in my original post. (Checking back I see that I said appropriate).

    It's sad that I get branded a troll by people because my opinion is unpopular.

  297. Re:Burden of Proof: Show He *Wasn't* Authorized. by Gojira+Shipi-Taro · · Score: 1

    Disbarrment would be appropriate.

    --
    "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  298. Re:I agree, but a felony? by Gojira+Shipi-Taro · · Score: 1

    this != embezzlement You == moron If it's idling, it costs you the same as if it's running something. If you can't comprehend that simple fact, PLEASE don't breed. Now if he was keeping computers switched on when he was told not to you might have a point. I'm guessing that's not the case though...

    --
    "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  299. 'tis a sick world we live in :) by Faile · · Score: 1

    It's just like when you spot a fly buzzing annoyingly around the room doing nothing really and you still wanna smash it just for the sake of smashing, so grabbing your trusty doublebarreled friend you blast away both room, house and fly. Some people don't know when to stop...

    --
    Anataka suki desu. Itsumo. Itsumademo.
  300. offtopic: /. effect by theantix · · Score: 1

    heh... I love how d.net is so on-the-ball that they have already blocked access to the linked CGI. They know their bandwidth! =)

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    501 Not Implemented
  301. Clarification of 59 cents per second by dmcowen674 · · Score: 1

    My Attorney and I are overwhelmed by the public outpouring. I am obviously not a lawyer nor a writer. My Attorney advised me about the 59 cents per second is not totally an Internet connection charge but somehow all part of the restitution of damages they are seeking.

  302. How about... by No_Slacks · · Score: 1

    A public execution? Evil men (and women) like this David McOwen must be stopped at all costs.

  303. Georgia, $415,000, etc. by mcovingt · · Score: 1

    This does not quite make sense based on what I know about Georgia law and I am trying to verify the facts. We have a number of experts on computer law here and the case has attracted our attention. In general, contributing computer time to academic pursuits other than one's own is permitted or even encouraged, and while I can understand management saying "don't do it," I can't understand a prosecution or lawsuit for doing it. -- Michael Covington, University of Georgia

  304. Georgia State Law by lognimprd · · Score: 1

    Title 16-9-91 Title 16-9-92 Title 16-9-93

    This is a criminal case with the State of Georgia. Looking over these, I think he's in trouble. There is some truly scary language, like "victim expenditure" and "Such crime occurs at great cost to the public, since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime;". It appears that legally the prosecution can ask for not only penalties, but also restitution for all of the cleanup expenses on the computers. It's also interesting to note that they are asking for the maximum penalty.