Felony For Refreshing a Web Page?

therandomw writes "An 18 year-old boy was recently arrested in Ohio for telling fellow students to refresh the schools web page in order to slow down the server. He is being charged with a felony and is currently being held in jail. According to Canton City Prosecutor Frank Forchione 'This new technology has created a whole wave of crimes, and we're just trying to find ways to solve them.'"

Comments

Seems like a waste of time and money

[dada21]

This problem can be solved through software already -- the school didn't take necessary means to avoid such a simple "DoS" style attack.

Even so, it seems crazy to me to waste taxpayer dollars chasing down this citizen and even more dollars prosecuting him. While the law is supposed to be around to protect property, I don't see how this is a felony. He didn't do the refreshing, did he? He used his right to speak freely.

I'm sure I'll hear the standard arguments about how speech can be regulated and I repudiate all of them. Crying fire in a theatre is private property -- the Constitution protects nothing on private property and the theatre owner is responsible for setting the standards of speech. Telling someone how to make a bomb is also free expression/speech -- you're not making the bomb. In this case, if clicking excessively is a crime (I can't believe it would be), the people who did the act should be indicted.

I'd love to see what real crimes are happening right now in Canton City -- murders, rapes, thefts. Speeding tickets and telling people to refresh a website repeatedly are nothing compared to real property crime. The last quote about trying to solve them reads more to me like they're "trying to find ways to exploit them."

For the school -- they can now expect this to happen more often. The publicity in charging this guy is going to be mostly negative in the minds of the students. All we need now is to get the link visible on slashdot, right?

Re:Seems like a waste of time and money

[dada21]

So if I tell someone to shoot the principal that would be exercising my free speech?

In my anarchocapitalist belief system, yes.

This country was founded on the idea that you can say what you want to say as long as you don't physically harm another person or their physical property. The initial revolt was no different than "We should defend our rights, and in doing so we will kill in defense."

I think inciting a riot or inciting others to do violence is still free speech -- the person who riots or performs violence is the person who commits a crime.

If the day comes for revolution, I don't want to see the government using speech to jail "traitors."

Re:Seems like a waste of time and money

[KevinKnSC]

From Senate Bill Number 146 (enacted a few years ago):

In Sec 2909.04, (B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.

(C) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.

So, there's the law. We now return you to the discussion of whether this is an overreaction or not.

Re:Low-tech DDoS?

[AxemRed]

I agree that what he did amounts to a DDoS attack. That's what it was, but on a small scale. But I feel like, the punishment should fit the crime.

When someone steals $50000, they get charged with a felony and go to jail.
When someone steals $10, the get charged with a misdemeanor and get community service.
When someone steals $10 at high school, they get suspended.

When someone speeds 50mph over the speed limit, they get their license suspended.
When someone speeds 15mph over the speed limit, they get a $100 ticket.
When someone speeds in the high school parking lot, they get detention.

Now lets try this...
When someone mounts a large-scale DDoS against a major portal, they get arrested and charged with a felony
When someone mounts a tiny DDoS against their high school, they get... arrested and charged with a felony?

//You get my point. He deserved a week suspension. Why can't schools handle things in-house anymore?

America, you've got the government you voted for

[cutecub]

America,

For the last 25 years you have been voting for a Police State. And now that's exactly what you have. Congratulations, Democracy really works.
Now shut up, bend over and take it like a man.

-S

www.thecorporation.com

[mindaktiviti]

The Corporation tries to answer this question. Pretty cool documentary. It's slightly left-leaning but it does show the opinions of both righties and lefties as well as ex and current CEO's from various huge multinational corporations. Very interesting.

If you don't want to purchase or rent it, you can find a torrent on Sweden's favourite torrent site. :)

Re:This doesn't make any sense

[HiThere]

From what I've heard it wasn't even the decision that caused the problems, but rather the law clerk's write-up of it.

It hardly matters. What we need to do is institute corporate death penalties. If a corporation has committed a felony and cannot practically be imprisoned, then the only remaining option is to execute them. (I.e., revoke their charter and confiscate their assets. N.B.: This doesn't mean the assets of the individuals involved, merely the corporate assets. To attach the assets of individuals, you would need to prosecute them as individuals.)

Microsoft advocates this behavior!

[cbreaker]

Call the FBI.
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