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Fired AOL Engineer gets 15 Months

n3hat writes "A former America Online software engineer was sentenced to 15 months in prison for stealing 92 million screen names and e-mail addresses and selling them to spammers who sent out up to 7 billion unsolicited e-mail messages, according to this A.P. story in the Baltimore Sun."

86 of 371 comments (clear)

  1. In a related story... by losman · · Score: 4, Funny

    AOL still blows and we are amazed people still use it.

    I know, I know... probably a flamebait rating but come on, you know you giggled!

    --
    Q: I am short, useless and provide no value. What am I? A: a sig
    1. Re:In a related story... by `Sean · · Score: 4, Interesting
      June 22, 2000 (from http://www.inertramblings.com/archives/000439.html ):

      America Online: A sucker born every minute...

      According to a corporate press release dated June 16, 2000, America Online has surpassed the 23 million member mark. Founded in 1985, AOL has been a household name to novice computer users worldwide. Unfortunately, many of these novices don't know that they're only seeing a small portion of the Internet and are being limited by AOL's proprietary and archaic interface.

      Now, it's fairly safe to make the assumption that at least a quarter of AOL's 23 million customers are simply short-term users along for the free trial or jumping from service to service looking for the best deal. And, using that same line of thinking, roughly half of those 17.25 million remaining customers are probably smart enough to see AOL for what it really is and cancel their service in a desperate fit of fight or flight.

      That leaves approximately 8.63 million customers that use AOL as their primary Internet Service Provider, give or take a random three quarter million people at any given time signing up or canceling. With this in mind, and approximately 7.88 million minutes in AOL's 15 year history, this proves that a sucker really is born every minute.

    2. Re:In a related story... by securitas · · Score: 3, Insightful


      Or maybe it means that novices sign up to become familiar with interacting with the online world.

      Once they've become comfortable with using a computer and an online service, they feel that they can take the training wheels off and find things on the Web for themselves. The most common Internet activities are e-mail, Web and chat. You don't need AOL for those.

    3. Re:In a related story... by ForestGrump · · Score: 2, Funny

      But you do need AOL for it's high quality IM client!

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    4. Re:In a related story... by fbjon · · Score: 2, Funny
      It's much more than that.

      The global growth rate is about 140 ppm (people per minute). Let's consider that anyone with an IQ of <100 will want or need training weels, that means a growth of at least 70 ppm who need/want training wheels.

      If we look at the birth rate instead, which is about 270 ppm, we get a growth figure of 135 ppm who need/want training wheels. If we now guesstimate that 40% of these newborns are persons who will eventually clog up the helpdesk more than usual, we get a figure ot 54ppm.

      In other words: One sucker born every second!

      I estimate that in a few decades, half of all jobs in the service sector will be helpdesk-related.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    5. Re:In a related story... by LnxAddct · · Score: 3, Insightful

      For all this shit people give AOL, I recommend it to every novice user I know. It has integrated spyware detection, some of the best spam and phishing blocking, comes with access to AOL's large library of music and videos, news, etc... It sets up your buddy list and everything for you. All of this is accessible by running one program, and for all of the functionality packed into it, the gui isn't half bad. For the price you pay, you can't beat it.

      Most people think that it is just a regular ISP but it isn't. You get a ton of extras to go along with it (streaming music, videos, stock tracking, games, spyware removal, a clean inbox, self configuration, and alot more). Very rarely will you see spam coming from an AOL user, if you do see it, it's probably being forged from somewhere else. Considering all of the zombies that comcast and verizon let live on their networks, AOL's active approach seems refreshing. Just like credit card companies, if they notice unusual activity, they'll notify you, if its really bad they'll lock your account until you can let them know that it isn't a spammer that took control of your account. Anyway... even if AOL is just for noobs, I'd rather most peopl be using AOL for Broadband, rather then Comcast and degrading the quality of the net.
      Regards,
      Steve

    6. Re:In a related story... by Ubergrendle · · Score: 2, Interesting

      Our uber-geek superiority complex sidesteps the fact that probably a large number of people in the world still have "12:00" flashing on their VHS (Beta?) VCRs, they never upgrade or patch the operating system their computer ships with, and still think that a 486 is a good computer.

      AOL targets the masses; they fill a niche that allow us geeks to play Battlefield 2 or compile code or peruse usenet, without having to answer a phone every 2 minutes explaining how to use "electronic mail...no you don't have to print it to read it, so yes you're right its not really like mail."

      AOL also did something cool recently with regards to Live8 -- live streaming of the event, and high-bitrate streams of each city's concerts archive online. Give credit where its due...

      PS Note I would rather peel off my fingernails one by one and douse them in hot sauce rather than use AOL on a daily basis, but that's just me.

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    7. Re:In a related story... by panaceaa · · Score: 2, Funny

      Is that where you learned you're high quality grammar?

  2. Lucky guy by igny · · Score: 5, Interesting

    He has got just 1 second of jail per 175 emails.

    --
    In theory there is no difference between theory and practice. In practice there is. - Yogi Berra
    1. Re:Lucky guy by ScentCone · · Score: 3, Interesting

      He has got just 1 second of jail per 175 emails

      That assumes that the people he sold the names to (and whoever else might have received them downstream) only used them once. I'm going to bet that's not the case. Some hunk of that last has probably made rounds to multiple mail whores for a little merge/purge processing against their other lists. That's not nearly enough time - he should get out when people holding those addresses haven't seen any spam for at least 6 months.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Lucky guy by Frogbert · · Score: 3, Insightful

      I think its kind of harsh that he was sent to prison, personally I think that prisons should be reserverd for people who present a physical threat to other people.

      In a case such as this, while he may have caused damage and made some money off it, a significant fine would be ample. I mean its not like he is a danger to society if he doesn't get locked away.

    3. Re:Lucky guy by plaxion · · Score: 2, Interesting

      It would have been nice if he had gotten 1 second for every email. That wouldn't landed him roughly 3 years (2.917). Then the judge could've said to him "You've earned every second of your term".

    4. Re:Lucky guy by term8or · · Score: 2, Insightful

      The thought of spending time in a nasty prison has got to be a pretty good deterrent against white-collar crime.

      Actually, the fact that you can't get a white-collar job for years after you get out of prison is more of a detterant.

      --



      "As a writer / novelist you might want to spellcheck your sig. :) " - AC
    5. Re:Lucky guy by indifferent+children · · Score: 2, Funny

      To be fair, the only people who got 'hurt' by all of that spam were AOL users. Let's all repeat the helpdesk mantra: Stupidity should be painful.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    6. Re:Lucky guy by TGK · · Score: 2, Insightful

      I hate to say it, but given the responce from people here over Kevin Mitnick's conviction, I'd say that a life - or very long sentence - prohibiting the use of certain technologies would be an adequate deterant.

      Sure, Kevin got a bum rap - and I don't want to drag up that debate, so if you think I'm full of crap just let it drop on that count - but his sentence gave most of us pause.

      I'm not saying that a sentence like that would do a hell of a lot for the kind of white collar crime you see in accounting and other diciples of its ilk, but in the IT industry that kind of sentence could go a long way.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  3. define irony by Fox_1 · · Score: 4, Funny

    Obligatory Family Guy joke: "Remember last week when you asked me to define irony and I said - urarghhh!" AOL personally kept me supplied with floppy disks during my school dayz, and many a cd coaster when I started working IT. These guys are the king of snail mail spam (virus(AOL8) laden cd's anyone :) and here this guy goes and follows their lead online, further screwing over the poor AOL customers. I love it.

    --
    The rock, the vulture, and the chain
    1. Re:define irony by dakryx · · Score: 2, Insightful

      The snail mail version of spam is what essentially finances the USPS, without it your typical letter would cost much more to send.

  4. Hypothetical Prison Conversation by Anonymous Coward · · Score: 5, Funny
    The setting: Prison cafeteria.

    Prisoner #1: So what're you in for?
    Prisoner #2: Aggravated assault. You?
    Prisoner #1: Armed robbery. How 'bout you?
    AOL Engineer: I stole 92 million screen names and e-mail addresses and sold them to spammers who sent out up to 7 billion unsolicited e-mail messages.
    Prisoners #1 and 2 inch away from AOL Engineer at the lunch table

    1. Re:Hypothetical Prison Conversation by mhearne · · Score: 5, Insightful

      If I had to go to jail for a cybercrime, I would at least want the other inmates to understand the charge.

      15 months really isn't that bad, he'll probably do a third of that with good time (5 months). But he'll have to be on probation for years, and nobody worth working for is going to want to let him do anything more than stuff resistors in circuit boards.

      The trouble that comes after prison is often worse than doing the time itself.

      Michael

    2. Re:Hypothetical Prison Conversation by bladernr · · Score: 2, Interesting
      You never know about people's motives in harmless crimes like this.

      So he was poor. The crime was harmess. The others involved have better attorneys.. He needed the money. You paint a very sympathetic picture.

      However, for any society to live under the rule of law, its citizens do not get to select which laws they obey, and which their circumstances mean don't apply.

      My first job out of school in 1993 paid $25k ($32k today, considering inflation), and I had student loans, rent, a car note, insurance, etc. I got by, without resorting to credit cards, and even managed to save a very small amount as a cushion. I didn't think it was within my rights to improve my situation by illegal means, but I guess if guys like you were in power, I could have just robbed the local bank and said "hey, I'm poor and need the money" if caught.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
  5. Further details / This looks strangely familiar by securitas · · Score: 4, Informative


    AOL E-mail Data Thief Gets 15 Months in Prison

    AP's Larry Neumeister reports that the AOL employee who sold 92 million stolen e-mail addresses and screen names to spammers has been sentenced to one year and three months in prison. Jason Smathers sold the list to spammers for $28,000, who then proceeded to send as many as 7 billion spam messages. The prosecutor in the case estimated 'AOL suffered a loss of 10 cents for every 1,000 spam e-mails sent to subscribers.' The judge suggested that Smathers pay $84,000 in restitution but will decide on the final figure after AOL files details of financial losses due to increased staff, hardware and software costs. An interesting note: Judge Alvin Hellerstein said in December that he canceled his AOL subscription because he received too much spam.

    2005-08-17 21:42:32 AOL E-mail Data Thief Gets 15 Months in Prison (Index,Spam) (rejected)

    1. Re:Further details / This looks strangely familiar by larry+bagina · · Score: 2, Funny

      really? I submitted a story once and they changed the hyperlinks, changed the text, changed who the story was from, and they even changed what the story was about.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  6. So... by Lally+Singh · · Score: 5, Funny

    How many years are AOL's management getting for... well, managing AOL.

    --
    Care about electronic freedom? Consider donating to the EFF!
    1. Re:So... by nmb3000 · · Score: 4, Funny

      Which probably attract 1 customer out of 100 free CDs.

      1 in 100? I have to think the return on those discs is way lower than 1 in 100. I'd put it at more like 5,000 discs in return for a single year-long contract.

      *Maybe* 1 in 100 will put the disc in the drive, perhaps 1 in 500 will begin the trial. However, once the 10 million hours of free* Internet access expire, I expect very few will pony up the $21.95 or whatever the hell they're charging for "special" Internet today.

      *10 million hours of free slower-than-hell dialup access expire 10 days after activation. Social security number, date of birth, full name, and valid credit card with a minimum of $20,000 credit limit required. AOL reserves the right to do whatever the hell we want, anytime, anywhere. By agreeing to these terms, you acknowledge you are a complete dumbass.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
  7. Why jail? by Eightyford · · Score: 5, Insightful

    I've never understood why non-violent criminals are even put into jail. Instead of us taxpayers paying about 25 grand a year for this guy(a number I pulled directly out of my ass, by the way); he should be forced to repay the damage that he has done. And, if it takes the rest of his life, then so be it; just don't let the guy declare bankruptcy (another thing I've never really understood).

    Anyways, save jail for the murderers, rapists, and child molesters of the world. Make people like this guy, Martha Stewart, and Bernie Ebbers repay they're debt in other more productive ways.

    1. Re:Why jail? by YrWrstNtmr · · Score: 4, Insightful

      Repayment is only a deterrent if the perp has been less than successful. A millionaire spammer (Richter?) could consider that just the cost of business, and be on his merry way.

    2. Re:Why jail? by Eightyford · · Score: 2, Interesting

      Right, but what if he has to give up all of his money? Sounds fair to me.

    3. Re:Why jail? by value_added · · Score: 5, Interesting

      just don't let the guy declare bankruptcy (another thing I've never really understood)

      Such debts can't be discharged in bankruptcy court.

    4. Re:Why jail? by Seumas · · Score: 2, Insightful

      That's why all the guys who ran Enron and Worldcom are in jail.

      Oh, wait...

    5. Re:Why jail? by JohnsonWax · · Score: 2, Interesting

      Repayment would be a deterrent if it were proportional to the crime. It's part of the reason why RICO provides for 2x damages. If you made $10M as a spammer and had to repay $20M, even successful criminals would be deterred.

      I work hard and don't mind paying taxes for the benefits I receive, but money earned in the conviction of a crime should be returned to those it came from *and* an equal sum paid to the taxpayers for having to put up with the assholes in the first place.

      I sure wouldn't mind if Ebbers and Co. could be compelled to put $11B into the local, state, and federal coffers. If they can't pay up, I'm sure there are some boys in Fallujah who wouldn't mind giving up their place for a fellow citizen who needs a good way to repay their debt to society.

    6. Re:Why jail? by dal20402 · · Score: 5, Insightful
      I agree with you that, in general, too many people are in jail.

      But in cases of very costly (to the rest of us) and profitable (to the perp) white-collar crime, there is very little else that can serve as a deterrent. White-collar criminals tend to have a different attitude from low-level drug offenders: they aren't desperate or sick, and don't even recognize that what they're doing is wrong. Instead, they feel no guilt about gaming the system in any way possible (speaking in generalities, of course).

      If you fine them, they'll hide their money (as another poster said). If you try to leverage their knowledge, they'll fail to cooperate. As long as you let them have their freedom, they'll find a way to beat you. The way to make them think twice is to take away their freedom.

      If we put one white-collar perp in jail for every five low-level drug offenders we let out and put into intensive treatment programs, we'd make the market a more honest place and solve a lot of social problems at the same time.

    7. Re:Why jail? by Andy_R · · Score: 3, Funny

      He should have his own designated bit of highway, so the rest of us know where to throw out our junkmailed AOL cds.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    8. Re:Why jail? by hackstraw · · Score: 2, Interesting

      there is very little else that can serve as a deterrent.

      Let me think...

      Beheading. Public humiliation (stockades, or something similar). A tattoo on the forehead. Deportation. Loss of driver's license. An intense chemical or physical sensory overload such as being confined with a horrible smell or intense low frequency sound that is nauseating. Flogging.

      No, I'm not a sadist, but I did come up with all of these off the top of my head.

      Jail and prison are the adult version of being sent to your room when you were a child. The unfortunate thing is that unlike when you were a child, there are others with you.

      Actually, besides beheading and the intense sensory thing, all of the other techniques are used in raising children all the time. I don't understand the insistence on incarceration for any legal infraction. Especially when one looks at the data and realizes that it does little to modify the behavior of the person.

  8. That's quite a feat. by Rocky1138 · · Score: 3, Insightful

    I wonder how he stole them? And how long did it take for him to give them back? Did they ever find them?

  9. The truth of the matter is... by jhfry · · Score: 4, Insightful

    of those 92 million, only about 2 million actually use aol mail... the rest are people who used up thier free trial and moved on.

    I mean seriously, you expect me to believe that AOL has 92 million paying customers?

    Honestly if I were a spammer, I'd only pay half price for AOL addresses, the odds of someone reading your email (especially after filtering) is nearly zero.

    --
    Sometimes the best solution is to stop wasting time looking for an easy solution.
    1. Re:The truth of the matter is... by YrWrstNtmr · · Score: 2, Insightful

      92 million screennames. A lot unused, of course, but each paying account can, and often does, have several screen names/email addresses. Each sucking down all that glorious spam.

    2. Re:The truth of the matter is... by Paradise+Pete · · Score: 5, Informative
      I mean seriously, you expect me to believe that AOL has 92 million paying customers?

      Not if you'd RTFA, and noticed where it said "The stolen list of 92 million AOL addresses included multiple addresses used by each of AOL's estimated 30 million customers."

  10. a quote from Heavy Metal popped into my head by zephc · · Score: 3, Funny

    "He's nothing but a low-down, double-dealing, backstabbing, larcenous perverted worm! Hanging's too good for him. Burning's too good for him! He should be torn into little bitsy pieces and buried alive!"

    Indeed.

    --
    "I would say that 99 per cent of what my father has written about his own life is false." - L. Ron Hubbard Jr.
  11. Lemme get this straight by DSP_Geek · · Score: 5, Interesting

    Kevin Mitnick prowls around some machines, steals nothing, damages nothing, yet spends four years in jail waiting for his trial, gets a five year sentence, and has to stay away from computers for another few years, while this fucknuts steals a subscriber list for spammers and gets a slap on the wrist? Doesn't even have to stay away from other people's mail servers? Riiight.

    1. Re:Lemme get this straight by firewrought · · Score: 4, Insightful
      Mitnick didn't steal anything? Mitnick allegedly copied and removed....software valued at $2,100,000.00.

      I hate to take Kevin's side on this because his actions were illegal and immoral. However, it's very important to accurately appraise the costs (financial, emotional, cultural, etc.) of a crime. If the costs are exaggerated then justice is miscarried, tax money is misspent, the public is misserved, and third parties--such as policy makers, security analysts, and insurance companies--are misinformed.

      The $2.1 billion number represents the cost to make the software. If Mitnick merely made an unauthorized copy, burned it to CD, and shoved it in a drawer somewhere, what part of that $2.1 billion did the companies lose? None. Nada. Business would continue uninterrupted.

      Alternatively, suppose that Mitnick managed to destroy every copy of the software that the company owned. That would make the $2.1 billion a much more accurate assessment. The business could go bankrupt.

      And then there's the middle ground... what about leaking secrets to competitors or providing binaries to black-market distributors? These are things that chip away at that $2.1 billion, but it's unlikely they erode it completely.

      Of course, we haven't discussed administrative costs associated with mopping up and responding to the Mitnick incidents. We haven't factored in the intangible losses to privacy or even the hidden gains that might have come from the crime (e.g., if benign criminals attack you early and force you to beef up your security before the truly malignant ones arrive, haven't you inadvertly made money?)

      A true valuation is perhaps impossible, but we can be more accurate than to assume that the unauthorized copying of private/proprietary information is directly equivalent to the theft of physical goods.

      --
      -1, Too Many Layers Of Abstraction
    2. Re:Lemme get this straight by tnk1 · · Score: 2, Insightful

      Oh yeah, the problem with Mitnick is no one knew what to do with him, so they overreacted. I mean everyone thought he was going to hack into the WOPR and play a game of global thermonuclear war. :) Today, its a bit different because we know that crap only happens in movies. Back then, though, it was different.

      Mitnick also really had skills and the ability to break *into* things he wasn't associated with. This dude downloaded the member database using his internal knowledge and some other people's access. There really wasn't any threat of Sir Spamalot here breaking into the Defense Department. Mitnick probably couldn't do that either, but at least he could have made a real attempt at it if he'd been so inclined.

      In the end, this guy did more damage, but he's basically a screw up that isn't worth the FBIs time to violate his rights. He did what probably dozens of AOL employees could do if they decided to do without their conscience or ethics. He effectively shoplifted from his own store. Big deal.

  12. What's his cellmate's name and address? by www.sorehands.com · · Score: 5, Funny
    I think we all should send his cellmate bottles of penis enlargment pills, viagra, cialis, cialis soft tabs, Jackrabbit vibrators, and everything else we get from spam.

    All in the name of poetic justice.

    1. Re:What's his cellmate's name and address? by Eightyford · · Score: 5, Funny

      There's no way in hell that I'm sending him the money I'm getting from my new Nigerian friend!

      It should be here any day now...

    2. Re:What's his cellmate's name and address? by Deodat · · Score: 2, Funny

      Do you really think they're ever going to give you that money? It's local pickup only!

    3. Re:What's his cellmate's name and address? by Anonymous Coward · · Score: 2, Insightful

      prison rape is not funny.

  13. Just curious by hackstraw · · Score: 3, Interesting

    Does anybody actually know the charge he was convicted of? I looked at the article and it mentioned pleas and taking "stolen property" across state lines, and CAN-SPAM, but none of these were clear as to what he was actually convicted of.

    Anybody?

  14. Everyone All At Once Now... by jpiggot · · Score: 4, Funny

    "You've Got Jail !"

  15. Maybe not... by Saeed+al-Sahaf · · Score: 2, Funny
    But, as soon as he drops the soap once, I'm sure that you wont think he's too lucky anymore!

    He's NOT that cute.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  16. Camp Cupcake by __aamcgs2220 · · Score: 3, Funny

    He better pray for solitary confinement. Bubba and his posse are all fiercely loyal AOL users and they don't NEED no \/i@GR@ or Ci@li5.

  17. Oh come on... by Anonymous Coward · · Score: 2, Interesting

    what's the point in selling 92 million email address? any dictionary attack worth it's weight will have found 80%+ of those accounts anyway... with 92 million of these suckers, any @ aol.com will almost certainly come up with a match, or at least a partial match.

  18. 15 months is all he got?!? Opinion folks - fair? by ACK!! · · Score: 2, Interesting

    I mean he stole a ton of personal info and stuff.

    There are a lot of hardcore hackers that got a ton more time than that.

    Tell me what you think?

    --
    ACK /ak/ interj. 2. [from the comic strip "Bloom County"] An exclamation of surprised disgust, esp. i
  19. bfd by ErichTheWebGuy · · Score: 3, Interesting

    From what I understand, there are several robot programs that go through AOL chat rooms and suck down screen names for use in spam operations. I would suspect that that technique is:

    - more effective, since all of the addresses you gather are known good
    - cheaper, since you can get millions of addresses a week then cancel your free trial
    - less risky

    A spammer that pays that kind of money for such a seemingly worthless list of stolen addresses should look for another line of work.

    --
    bash: rtfm: command not found
  20. Time for Master Card Ad: by Comatose51 · · Score: 4, Funny

    Cost in dolars delete spam from your AOL account: $5
    Cost to have CompUSSR repair your PC from spyware: $150
    The look on the spammer's face as he see "Bubba" get a penis enlargement spam: Priceless

    There are some things money can't buy, for everything else there's KARMA!

    --
    EvilCON - Made Famous by /.
  21. Russian Spammer's Meet The Proper Fate by thecaramelsensation · · Score: 2

    Have to wonder...Will he end up like that Russian Spammer? Murdered :)

    I must say, that fate should befall all spammers...

  22. He got 15 months? by craXORjack · · Score: 4, Funny

    The most I've ever got from AOL was 1 month free.

    --
    Liberals call everyone Nazis yet they are the closest thing to it.
  23. Read TFA by Alomex · · Score: 4, Insightful

    If you read TFA you'll see that the AOLer got off easy because he pleaded guilty very early on. In contrast this Kevin Mitnick nitwit is even now trying to play the victim and not really sounding contrite about it.

    1. Re:Read TFA by Moofie · · Score: 2, Funny

      Yeah, we should totally have a legal system where only people who aren't nitwits get due process. Everybody who IS a nitwit should just rot in jail.

      Who picks the nitwits?

      --
      Why yes, I AM a rocket scientist!
    2. Re:Read TFA by Alomex · · Score: 3, Informative

      Wrong. Mitnick originally pleaded guilty and was sentenced accordingly to "a year in a low-security prison and three years of probation" [CNN]. Furthermore, the judge ordered that that he serve his sentence in a halfway house. He violated the terms of his probation and became a fugitive. The second time he was caught he had to continue serving the original sentence, hence no rush to go to trial with the second set of charges. Eventually Mitnick pleaded guilty to the second set of charges. The judge in this case did not have much choice in the length of the sentence since Mitnick was now a repeat offender and fell under the federal sentencing guidelines for those.

      Mitnick was charged for crimes spanning 15 years and four different trials starting in the early eighties and finishing in the late 90s. That he generates so much undeserved sympathy has to be the ultimate meme.

  24. Is Jason Smathers considered to be... by callipygian-showsyst · · Score: 2, Funny
    Is Jason Smathers considered to be megafauna?


    Take a look at his photo so you'll know what I mean....

  25. Re:15 months is all he got?!? Opinion folks - fair by Mazem · · Score: 2, Insightful

    It all comes down to fear. People fear "hackers", and so hackers get tougher sentences.

    Everyone understands the notion of an employee stealing personal information from their company. On the other hand, the average
    American has no clue how hardcore hackers do what they do, or what they are capable of and so naturally hackers are feared. They are the "boogey man" of technology.

  26. Next by TRRosen · · Score: 4, Insightful
    what I want to know is when we can expect to hear about the conviction of the spammers he sold to. Obviously due to the size of the database (every AOL member ever apparently) they knew it was stolen. So we should see several spammers charged with 92,000,000 counts of recieving stolen merchandise right???

    OK - no chance of the government being that smart... but it would be nice.

  27. Re:Please don't call him an "engineer" by stygar · · Score: 2, Insightful

    And most of the people with titles like "software engineer" put just as much time, effort, and money into getting their computer science degrees.

    I'll take "software engineer" off my business card as soon as I see engineering professors stop referring to themselves as "Dr.".

  28. Let me propose a more appropriate punshiment... by jcr · · Score: 2, Funny

    Why don't we put this clown in the stocks in the public square of his hometown, and let anyone who's received a spam from his customers slap him upside the head?

    Sure, it might result in a fatal concussion sometime around the fourth of fifth hour of people lining up to smack him, but them's the breaks.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  29. Re:Ahh.... by Mahtar · · Score: 5, Insightful

    Yeah, hilarious. He desereved to be gang raped and/or forced to perform sexual favors for his crime that physicall harmed no one.

    Also I guess I missed where the judge included "rape" in the 15 month jail sentence.

    Internet tough guys, huh?

  30. Conspiracy by jfengel · · Score: 2, Informative

    The article just says "conspiracy", which is pretty vague. I suspect that it means "conspiracy to commit fraud", 18 USC 371, punishable by up to 5 years.

  31. Welcome by dirtsurfer · · Score: 5, Funny

    You've got jail!

  32. Re:Please don't call him an "engineer" by Detritus · · Score: 3, Insightful
    Are you a P.E.? If not, you aren't legally a "real engineer" in many places.

    Don't stow thrones in grass houses.

    --
    Mea navis aericumbens anguillis abundat
  33. I think they'd understand it very well by Moraelin · · Score: 4, Funny

    " If I had to go to jail for a cybercrime, I would at least want the other inmates to understand the charge."

    The public at large may not be experts in some of the more sophisticated crimes, nor in the finer points of intellectual property (e.g., as applied to those database records), but stuff like spam is something you don't need a Ph.D. in CS to understand. If someone doesn't understand, someone else will explain it to them.

    Spammer: "I sold 92 million AOL email addresses to spammers."
    Bubba: "Uh, wot's a spammer"
    Billy Joe: "Bubba, you know those 'enlarge your penis' and 'horny teens waiting for you' messages you told me your little daughter was getting on AOL? This guy told them where to send those."

    Which way it goes from there, I wouldn't know. But from there Bubba understands exactly what the cybercrime was.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  34. Re:Please don't call him an "engineer" by pyrrhonist · · Score: 2, Interesting
    Yeah, and those aren't engineering degrees. So they shouldn't be calling themselves engineers.

    What makes it not an engineering degree?

    I have a BSCS from an engineering school. At an engineering school, the curriculum is basically the same for all students up to junior year. For instance, I took the same science and math courses as the rest of the engineering students. I had to take the same number of science courses as the EEs, and more math courses than the EEs. Some of the more advanced courses are also the same for CS as they are for EE, so some of the courses I took were also EE courses and taught by EE professors. I was, of course, required to take a course in software engineering. In addition, I also had to take a course on the social implications of software engineering, which is something the other engineering disciplines did not have a course comparable to.

    So why is my degree not an engineering degree?

    I still don't call myself an engineer. Back off man, I'm a scientist.

    --
    Show me on the doll where his noodly appendage touched you.
  35. Dictionary attacks are smarter than that by antispam_ben · · Score: 2, Informative

    They take common names and add three-digit or more extensions just as many acutal AOL users select their names. Start with ann001@aol.com (would anyone used ann000?) through ann999, bill001 thru bill999, to walt001 through walt999, and you can get a bunch of names there. Don't even bother with the bounces, have reply-to point to (poor) ann001. This is not efficient, probably most will bounce, but spammers don't care, especially when the sending bandwidth being abused is some foreign open server.

    --
    Tag lost or not installed.
  36. Re:Jason Smathers by Frogbert · · Score: 4, Funny

    Press enter please

  37. Re:15 months is all he got?!? Opinion folks - fair by MrResistor · · Score: 2, Interesting

    He plead guilty and expressed believable remorse for his actions. That's the whole difference. Like it or not, that's how our system works.

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  38. Re:Please don't call him an "engineer" by Tim+C · · Score: 2, Interesting

    And most of the people with titles like "software engineer" put just as much time, effort, and money into getting their computer science degrees.

    And I put just as much time, effort and money into getting my physics degree, but that doesn't make me an engineer. I have friends who similarly invested in their arts degrees - would you call them engineers?

  39. :-) I hope you too get assraped :~P by Vicsun · · Score: 5, Informative

    I've been sentenced for a D.U.I. offense. My 3rd one. When I first came to prison, I had no idea what to expect. Certainly none of this. I'm a tall white male, who unfortunately has a small amount of feminine characteristics. And very shy. These characteristics have got me raped so many times I have no more feelings physically. I have been raped by up to 5 black men and two white men at a time. I've had knifes at my head and throat. I had fought and been beat so hard that I didn't ever think I'd see straight again. One time when I refused to enter a cell, I was brutally attacked by staff and taken to segragation though I had only wanted to prevent the same and worse by not locking up with my cell mate. There is no supervision after lockdown. I was given a conduct report. I explained to the hearing officer what the issue was. He told me that off the record, He suggests I find a man I would/could willingly have sex with to prevent these things from happening. I've requested protective custody only to be denied. It is not available here. He also said there was no where to run to, and it would be best for me to accept things . . . . I probably have AIDS now. I have great difficulty raising food to my mouth from shaking after nightmares or thinking to hard on all this . . . . I've laid down without physical fight to be sodomized. To prevent so much damage in struggles, ripping and tearing. Though in not fighting, it caused my heart and spirit to be raped as well. Something I don't know if I'll ever forgive myself for.
    -A letter to Human Rights Watch

    Prison rape is funny again, guys!

    1. Re::-) I hope you too get assraped :~P by Adnuo · · Score: 4, Insightful

      I actually registered to reply to this. I'm really glad that someone finally stopped the "ZOMG i hope j00 get t3h raped in teh assz0r LOLOLOL spammar!" comments and brought a real light to the situation. Sorry, sodomy isn't a joke. Just glad someone said it :)

  40. Hate to break your bubble, but... by Moraelin · · Score: 2, Insightful

    ... we already have that system. You may notice that stuff like getting a different sentence for pleading guilty or cooperating with justice aren't new to this case. That's how the RL system works, and is supposed to work.

    There is no such thing as purely objective justice, where the sentence is just spat out based on a formula. (Just feed the crime in, have a computer churn a few seconds, spit out the exact number of days in jail.) It's not even supposed to work that way.

    As for who picks the nitwits, that's the judge. There's a reason laws give him/her a very broad interval and let him/her decide where in that interval you fit.

    The job of justice isn't just to dish out punishment, but to hopefully reduce crime. And not just from a theoretical humanitarian point of view. There just isn't place in prisons to give maximum sentence to everyone. It's a limited resource, and you have to decide how much of it is _needed_ to help keep crime down.

    So a judge's job _is_ to decide, among other things, what the risks are of you doing it again if he/she let you go.

    If you've spent _years_ doing the same kind of crime, and still maintain that it was within your rights to do so and it's the victim's fault if their front door lock could be lockpicked (or their network could be broken into)... you've just convinced him/her that if you were let go, you'd run do the same.

    So, yes, the moral of the story is: if you're a twit with the judge, he _is_ entitled to have the last laugh. That guy/gal isn't the enemy, and may well even be looking for an excuse to give you community service or a fine instead. (Like he suggested in this case at one point.) But if you tell him basically "bah, they deserved having their house/network/whatever burglarized, and you guys are victimizing me by trying to keep me from doing it again", congrats, you've just shot yourself in the foot.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  41. Re:Ahh.... by Fatalis · · Score: 2, Interesting
    --
    Deus est fatalis
  42. For those that don't listen to Arlo Guthrie... by google · · Score: 2, Informative

    ... this is in reference to Alice's Restaurant.

    --
    "Thank you. Please spellcheck your genitalia references though. :) - Mike D."
  43. Make him apologize by flakac · · Score: 2, Interesting

    Actually, a better alternative would be to sentence him to sending apologies to all of the people whose addresses he stole.

    By hand. One at a time.

    If courts started making spammers do this instead, it'd be a much better deterrent than jail, and it would much better fit the crime.

  44. He *did* represent a physical threat by Solandri · · Score: 5, Insightful
    7 billion spams. Say 99% of them were caught by spam filters or went to bogus addresses. That leaves 70 million spams people had to deal with by hand. If it took one second to delete each of those spams, that means he cost everyone an aggregate 2.2 years of life. If someone imprisoned you in front of a computer hitting delete over and over for 2.2 years, wouldn't you consider him to be a physical threat to you and others?

    Why is it that people think a distributed crime is any less of a crime? Do you think it'd be OK if he stole $130,000 from a bank? Then why do you think it's OK that he stole $0.0019 each (1 second's wages at $6.75/hr) from 70 million people? They work out to the same amount of money.

    1. Re:He *did* represent a physical threat by kesuki · · Score: 2, Insightful

      That's what a 'throw away' account like a hotmail acocunt is for, you simply stop reading it and it shuts down you only check it when expect an automated response form some website x that needed a valid e-mail etc... never have to click delete :p

      but yeah, before yahoo's filter started catching 99% of all the spam instead of having 6-7 spams a week to delete, i'd have 100-200 pwer day. before that i had to manually try and use spamcop. that was even more than 1 second per spam, more like half a minute. yahoo eventually had to bump up storage, and then stop counting spam as storage space to 'deal' with the issue. how much money a year does yahoo spend storing spam? how much resource? not to mention all the bandwith and space they're using on the whole internet mail infrastructure spam is by no means 'free' and the sad thing this guy is getting 15 months for 'stealing' the list of addresses, not for spamming.

  45. Re:Please don't call him an "engineer" by Moraelin · · Score: 2, Insightful

    I'll kindly point your attention to one of the definitions you yourself have highlighted: " 1. The application of scientific and mathematical principles to practical ends such as the design, manufacture, and operation of efficient and economical structures, machines, processes, and systems. "

    You may notice certain words in there like "scientific" or "mathematical". So, sad to say, an ex-burger-flipper who faked a resume and copies-and-pastes from tutorials he doesn't even _understand_, doesn't fit that definition any way you want to stretch it.

    I've worked with people who know their trade and spent two decades learning to do a solid engineering job even without a university degree, yes. But the vast majority of ex-burger-flippers turned VB "engineers" just because it paid better, nope, sorry, are not doing anything even _vaguely_ resembling engineering. (Software or otherwise.)

    The vast majority don't even understand the most elementary _basics_ of the science or mathematics behind it. And show no sign of even trying to learn. They'll just do a copy-and-paste job (sometimes via memory, but copy-and-paste job nevertheless) from some tutorial they've seen somewhere, without even understanding what or why happened there.

    I fondly call it "cargo cult programming."

    The story behind "cargo cults" is that in WW2 airplanes dropped food and supplies on various islands to support their troops there. A lot missed the mark and were found by natives instead. Who never understood what happened there, but some proceeded to pray to the mysterious metal birds to come drop more stuff. And when that didn't happen, they carved statues of airplanes and prayed to them some more.

    Well, that's the kind of code I see every day. Code written by someone who never even understood wtf _is_ a factory, or a singleton, or whatever (and much less _mathematical_ stuff like why an algorithm is "O(n*log n)" and another is "O(n*n)" and why the heck that matters. Or even what that funny "O" notation means.) But they proceeded to dutifully make their own mental cult around them, and carve statues to those all over the code.

    For bonus points, when the statue they carve isn't even of a pattern that makes sense. Nah, it's of some stupid "optimization" that actually worked only in Java 1.0 or only with a very specific C compiler on some obscure platform, and only under very specific circumstances. But they never understood all that, so they'll faithfully carve statues of it all over the place, in the _awfully_ wrong places.

    If that's applying scientific or mathematical principles... eh, I rest my case.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  46. Re:Well, see, that's just the point by mnoel2 · · Score: 3, Insightful

    I know everyone loves that Steve Jobs quote about decreasing boot time*, and I know a distributed crime is still a crime, and I figure that white-collar criminals are probably the group of lawbreakers most likely to be swayed by 'examples' of horribly disproportionate punishments for crimes --

    but to claim that being violently raped, repeatedly, is an acceptable repayment to society for any crime, is a sign that some people here need to unplug a bit. If you get more bent out of shape over spam than large scale violence against fellow people, no matter what laws or social boundaries they've crossed, then I sincerely hope I am never on the recieving end of your decision-making process. It's just junk mail. Yeah, it sucks; but if someone gave a nation the choice between everyone receiving junk mail every day, or having a specific individual gang raped, I should hope the nation would be enlightened enough to deal with the stupid colored pamphlets.

    For the love of all that's right, end prison rape.

    * It goes something like "It's my moral responsiblity to decrease the Mac's boot time, because if I shave ten seconds off, and have 5 million users, and they each use their Macs for so many years, I'll have saved fifty lives". Uncle Google is failing me right now...

  47. I baked... by Neticulous · · Score: 2, Funny

    From AOL TV commercial: "To say thanks, I baked you this apple crumb cake!"

    Who thinks this guy should only eat apple crumb cake for the next 15 months, say aye!

  48. Re:Please don't call him an "engineer" by callipygian-showsyst · · Score: 3, Informative
    Are you a P.E.? If not, you aren't legally a "real engineer" in many places.

    Yes I am.

  49. And yet, one still walks free by WebGangsta · · Score: 2, Informative
    So they got one AOL employee in jail for stealing screen names.

    But they didn't get Heather Robinson, the former AOL staffer who stole celebrities' screen names and worked those "newly found contacts" into various movie deals.

    One is a criminal; the other is an "up and coming screenwriter". Obviously there is no consistency in how AOL deals with employee violations.