Slashdot Mirror
Felony Charges For H.S. Hacking
jayrtfm writes "Last year the Kurtztown Area High School approved a program which gave every student an iBook. Now 13 students face felony charges for violating the district's usage policy." From the article: "Shrawder said the secret password '50Trexler,' was widely-known among the student body and distributed early in the school year. It allowed between 80 and 100 students to reconfigure their laptops, he said. The more computer-savvy students began to disable the administrations' ability to spy on the students' computer use. For others, it became a game, trying to outsmart the administration and compete with fellow students who held the secret, Shrawder said."
Charged but not convicted I'd assume.
Felons are forbidden by law from:
Voting (in many states. In 14, including mine, Nevada, one is forever forbidden from voting. In Florida, another such state, I believe it is case law that a juvenile convicted of a felony loses the right the vote before he or she gains it - he or she is barred by law from ever gaining the right to vote - cruel, unusual and unconstitutional but still considered the law).
Holding office
Working in anyway for the government, local, state or Federal. If you run a company of your own and are a felon - your company is ineligible to bid on any project or supply any goods or services.
Owning a gun - 10 year sentence if one even tries to. 18 USC 922(g) makes it illegal and 18 USC 924(a)(2) sets the penalty.
Being bonded
Getting a good job - anyone that hires a felon can have a judgement for monetary damages against them for "negligent hiring" - the courts will then take possibly all their assets and garishee their wages for life if the judgement is big enough - yeah the person would have to harm someone - but what employer will hire a felon knowing the courts could de facto bankrupt them for life if the person who committed a (possibly minor) (possibly as a juvenile) felony kills or rapes someone.
Keeping a job - "negligent retention" law prescribes the above for failing to fire a felon.
Travel - Canada PROHIBITS felons from entering - and they are supposed to be a reasonable country. Heck, Canada forbids DUI offenders from entering. Heck, George W. Bush, sitting President of the US, is technically barred for that. Not that they'd ever enforce it in his case. (Yes, Bush's was a misdemeanor - but Canada still bars people for it, perhaps Canada was a bad example, perhaps Bush was a bad example because someone might start an off topic Bush sucks/Bush rules flamewar)
In Utah - they are forbidden from working in any operational capacity for a Certificate Authority - this will mean if a felon owns a company it can't be a CA.
I might be wrong - I hope I am - but I fear my list is incomplete, not incorrect.
Just because it CAN be done, doesn't mean it should!
You probably aren't in school anymore. Most usage policies that I've seen explicitly state something along the lines of 'criminal computer damage' or 'charges may be filed'.
You apparently didn't read the District's Usage Policy. In fact, I know you didn't or you wouldn't have questioned me. Let me help you:
From their FAQ which was linked in the Slashdot blurb.
Will students be able to install software on the laptop?
No, students installing software on school owned computers is a direct violation of the KASD Computer Policy. Students who violate the policy will be disciplined. All of the software necessary to integrate the laptop technology into the curriculum will be installed when the laptop is issued to the student. Security monitoring software will be used on all of the computers to assure that software is not loaded on the laptops. See the "Software" webpage in regards to the software installed on each laptop.
Will students be able to email, chat, and play games on their laptops?
Chat, IM, games, and email software will be removed from all computers. Student use of email, chatting, IM, and game playing is a direct violation of the KASD computer policy. Students who violate the computer policy will be disciplined.
What will the school do to help prevent students from going to inappropriate sites?
The KASD has a software/hardware product which is designed to help monitor all Internet sites that students attempt to access. This software/hardware blocks inappropriate sites and also logs a history of every site that each user opens. Students who attempt to find inappropriate sites will be disciplined. The current KASD content filter meets CIPA guidelines.
Just to be sure that I didn't miss anything I read it twice. Nothing in there about filing criminal charges.
Obviously I don't need to be in school anymore as I can read *and* comprehend.
Just for everyone's information, here's the statute they might be prosecuted under. According to the sentencing provision, a third degree felony carries a maximum penalty of up to 7 years imprisonment (18 Pa.C.S.A. 1103) and a max $15,000 fine (18 Pa.C.S.A. 1101).
(a) Offense defined. A person commits the offense of computer trespass if he knowingly and without authority or in excess of given authority uses a computer or computer network with the intent to:
(1) temporarily or permanently remove computer data, computer programs or computer software from a computer or computer network;
(2) cause a computer to malfunction, regardless of the amount of time the malfunction persists;
(3) alter or erase any computer data, computer programs or computer software;
(4) effect the creation or alteration of a financial instrument or of an electronic transfer of funds; or
(5) cause physical injury to the property of another.
(b) Grading.--An offense under this section shall constitute a felony of the third degree.
You can't commit a felony by breaking a contract. You can be found in breach of contract in a civil court for breaking a contract. You go to court to have a them help figure out what the restitution for failure to comply with the contract. A lot of the times, the penalites are spelled out in the contract.
So, being charged with a felony has absolutely nothing to do with any type of paperwork you or your parents signed. In order to be charged with a crime, you have to violate a criminal law.
There are so many silly laws about computers, that I won't be shocked to find out that there is some law that could be used against someone who isn't supposed to gains administrative access to a computer.
Kirby