Charges Against High School Hackers Dropped

ZosX writes "According to eSchool News Online, the 13 students from Kutztown, PA originally charged with felonies for hacking have been given a deal, dropping charges in exchange for 15 hours of community service. From the article: 'The probation department realizes this is small potatoes,' said William Bispels, an attorney representing nearly half the accused students. This is great news for the students and their families."

Comments

Unfair!

[biryokumaru]

When I got in trouble for hacking my high school network, we all got 50 hours of community sevice!

Lame.

Re:Unfair!

[mwvdlee]

This wasn't really hacking, it was more like typing in the password which was conveniently supplied on a label on the back of the laptops.

Some students did some minor hacking after the passwords were changed, but that still didn't amount to much more than executing "hacks" that were readily available on the internet, more akin to the work of a script kiddie than a hacker.

Re:Unfair!

[boisepunk]

Zero Cool would be proud.

Re:Unfair!

[Sancho]

Some students did some minor hacking after the passwords were changed, but that still didn't amount to much more than executing "hacks" that were readily available on the internet, more akin to the work of a script kiddie than a hacker.

Does this somehow reduce the significance of the crime, or was it just an aside you were adding?

When I first read about this case, I thought the school was justified. When I found out that the passwords were taped to the machines, I changed my mind. When I found out that later, there was indeed "hacking", I changed my mind again. The students broke the law--the very same law that protects you from having to worry about unauthorized computer access.

Re:Unfair!

[nahdude812]

Although I know your response was a joke, I think that what happened here was basically executed perfectly.

The kids repeatedly violated guidelines that were put in place by people with the authority to put those guidelines there. Regardless of whether the measures used to enforce those guidelines were sufficient to deter activity simply by the strength of the restraints or not is unimportant. I can drive my car over the dotted yellow line in the road too if I want, and I can make my car go above the speed limit; that doesn't make it the state's fault when I careen through oncoming traffic at 120 mph.

Obviously the early traditional reprimands failed to make an impact on the students. What they needed was a good scare, and I think this is what they got. Settling on 15 hours of community service each kid doesn't sound like the prosecuting attorney(ies) ever really intended to send these kids to jail, it sounds to me like they wanted to make the kids fully aware that when you choose to violate guidelines, there are consequences (at least when you're caught, especially when you're flagrant in the actions). And I doubt, when faced with the prospect of jail time, that any of these kids failed to get that message.

Further, the message was probably received by more than just the kids involved, it was probably received by many other kids in the same district, and in surrounding districts.

No Registration Required

[Motherfucking Shit]

The case against the "Kutztown 13"--a group of Pennsylvania high school students charged with felonies for tinkering with their school-issued laptop computers--seems to be ending mostly with a whimper.

In meetings with students over the last several days, the Berks County, Pa., juvenile probation office has quietly offered the students a deal in which all charges would be dropped in exchange for 15 hours of community service, a letter of apology, a class on personal responsibility, and a few months of probation.

"The probation department realizes this is small potatoes," said William Bispels, an attorney representing nearly half the accused students.

The 13 initially were charged with computer trespass and computer theft, both felonies, and could have faced a wide range of sanctions, including juvenile detention.

The Kutztown Area School District said it reported the students to police only after detentions, suspensions, and other punishments failed to deter them from breaking school rules governing computer usage. (See "Felony charges for computer-abusing kids.")

But the students, their families, and outraged supporters around the nation said that authorities overreacted, punishing the kids not for any horrible behavior but because they outsmarted the district's technology workers.

The trouble began last fall after the school district issued some 600 Apple iBook laptops to every student at the high school, about 50 miles northwest of Philadelphia.

Students easily breached security and began downloading forbidden internet programs, such as the popular iChat instant-messaging tool. Some students also turned off a remote monitoring function that let administrators see what students were viewing on their screens--or used the monitoring function to view administrators' own computer screens.

School district officials and prosecutors did not return phone messages left Aug. 25 and had not been heard from by press time.

In legal terms, the students have been offered an "informal adjustment"--the least severe form of punishment.

Bispels said a few students are thinking about refusing the deal because they don't feel they have broken any laws. "A lot of these parents would like to fight this on principle, but it's hard to put the kids at risk on principle," he said.

Mike Boland, who represents one student, said his client likely will accept the offer. "It doesn't require my client to acknowledge he is guilty of anything," he said.

"It's about as mild as you can go," agreed James Shrawder, whose 15-year-old nephew was among those offered the deal. "It's more of a face-saving measure."

One student who has had prior dealings with the juvenile probation office was not offered a deal. That case is expected to proceed.

Links:

Students' web site
  http://www.cutusabreak.org

Kutztown Area School District's response
  http://www.kasd.org/districtinfo/kasdPressrelease. htm

Not merely that it's small potatoes. . .

[kfg]

but that they really don't stand much of a chance of conviction by jury.

Not to mention how silly they look.

KFG

I was asked to hack

[Boomshanka]

When I was in my senior year in high school back in 86 and Apple IIe's were the flavour of the day (wonder if linux will run on it?) the math department had a password protected program for tracking and scoring all the students of the school for that year and guess what.. they forgot the password. I was asked what could I do so I ran the program through a hex dump and looked for unusual words appearing in the hex and found a word "ferret" tried it and got in. So its not all bad to be a computer enthusiast (nerd) at high school. I got no community service for that. I had the chance to up my grades but I of course I didnt.

Small potatoes == felony?

[monstermonster]

You know, what I don't get is this - there is a reason that juvenile offenders are supposed to be treated as juveniles by the law. Their brains aren't done developing. They sometimes do juvenile things because they're, well, juvenile. It's not like they murdered someone. And if the school IT guys are idiots, as they often are (I remember explaining a floppy disk to my totally incompetent 8th grade computers teacher back in the dark ages), I don't see that we should be trying to charge kids with felonies. Especially when it's not as if they hacked into some national defense computer. The only lesson it teaches anyone is that we have overzealous prosecutors.

Give a kid something he's not supposed to get into, and he'll try to get into it. Period. Be stupid about it, and he will get into it.

Corporate IT vs Employees

[Raindeer]

What these kids did sounds like the battle happening between many corporate IT-departments and employees.

Corporate IT departments erect all kinds of barriers for users to use certain applications and generally don't explain why these barriers are there. The most common answer I have gotten was: "Security". ICT-security is in my jobtitle and I know these guys were bullshitting me. Other things you hear are maintence, complexity or my favourite one: "It is our policy" and "The department heads agreed on this".

This is a battle that has gone on ever since we started with computers in the workplace. Invariably the result was that people worked around the ivory tower that controlled IT and got what they wanted some way or another (PC's got bought on office supplies budgets in the early eighties, they were forbidden by the high priests of mainframes) Invariably after prolonged fights the users win.

I currently see the following problems around me, where corporate IT erects barries, that people go around. In most cases corporate IT should enable it in such a way it is safe, or explain very well why it is not allowed at the moment, or at all:
- Banning of Instant Messaging
- Filtering of websites beyond porn
- Banning any Palm-like device, except the corporate one.
- disabling USB ports.
- disabling Wifi
- banning alternative browsers and all kinds of utilities.
- limiting the size of mailboxes
- disallowing or crippling desktop search
- disallowing or crippling streaming media
- Creating lengthy processes for getting new software on your desktop

Re:Good news?

[Lumpy]

I hate to break this to you but after school, College has a severe mential handicap, then work, the managers have severe mential handicaps.

you never escape it. I strongly suggest becoming extremely adept at social engineering, it will get you out of many situations. Anyone who is really good with any technology today must be a really good social engineer to disguise the fact or to calm those around you.

and when you potentially run afoul of the law it works great. and officer on his way walking to you to give you crap or possibly arrest you will not do so if the first words out of your mouth are " Officer! I am so glad you are here! can you help me?" if you make the officer think that he is your savoir then he will ignore lots of things to help stroke his ego. Tresspassing? you will be politely told "you know this is a restricted area?" instead of being dragged off screaming by barney fife wanna-be.

Same goes for school admins, college admins and managers and upper managers at work. none of them will EVER understand technology and you are extremely scary because you know technology.

Is this fair? no. but it's life. Ask any minority that is persecuted and they will tell you the same thing. you are frightening to them, they see you as dangerous, and they want to keep you under control.

Lucky fucking kids

[rk87]

You know, this is such absolute bullshit.

Several years ago (I think '99) I was in an optional school activity that fixed computers and made sure the school network worked etc.. There was one particular trouble computer where apparently students snuck on and installed a whole bunch of nasty stuff. One of the other guys that did this with me installed Back Orifice on it to monitor it (remember, those were the days when it was popular). One day he asked me to go on the linux box and check on that computer (I watched him do it plenty of times, so i knew how). At this point, the head of the computer group came around and saw bo2k. Oooh boy was he pissed. Since this was the time of people using bo2k as a virus, he instantly thought it was.

I told him that I was just checking it for the other guy but when he asked him he knew nothing about it and wondered why there was a virus on the linux box. Fuck.

I got kicked off the computer group, got a total of abut 25 hours of detention cleaning desks, and my parents got to pay the equivalent of about $200 in "damages". And no, I did NOT make slashdot with this.

International view.

[Lellor]

Here in Kelowna, British Columbia, a co-worker of mine found out about this via an email sent by his relatives in the US who knew about the case, and we discussed it for quite a while at work.

The general consensus is that the authorities in the US have become too strict, especially with "intellectual property", "the war on drugs", and "computer crimes".

They are basically making themselves a laughing stock internationally - the Canadian public doesn't seem impressed by what the current US adminsitration is doing, or how they are handling these issues.

Things like this would not happen in any other industrial, civilized G7 democracy, like Canada for example.

It's quite shocking that the authorities are punishing students for using passwords - that they were given!

Outrageous

[hooeezit]

The authorities in question had the gall to offer a compromise that included:

15 hours of community service, a letter of apology, a class on personal responsibility, and a few months of probation.

A letter of apology? That I'm sighted, not dumb, and would like to use convenient technology to stay in touch with my friends?

And what is this from one of the defendant attorneys:

Mike Boland, who represents one student, said his client likely will accept the offer. "It doesn't require my client to acknowledge he is guilty of anything," he said.

I'd say a letter of apology counts as acknowledging guilt, at least in my books!
If you keep track of Paul Graham's essays (try http://store.yahoo.com/paulgraham/nerds.html), you will probably recognize this as a glowing example of the holding pen analogy he uses vis-a-vis present day school system. I'm apalled that the most important thing that these bright kids are impressioned with is 'Obey the Thought Police'!

My letter of apology.

[wubboy]

I'm sorry. I'm very sorry that your network security is a disgrace.
I'm sorry that your network admin staff is completely braindead.
I'm sorry that the ADMIN passwords were taped to the back of the laptops by what must have been the single most stupid person on the planet.
I'm sorry that likely the only thing anyone learned out of this is that 13 kids "broke in to the schools computers".
I'm sorry that noone will ever think to FIRE the dumbass who taped the passwords to the back of the computers.

I'm sorry that I had to write this.