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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.'"
AFAIK this barely even brushes up against being a felony, but let the school officials have their fun! Had they just ignored this and let it go (maybe take the kid aside and dress him down a bit), this would have slipped off the radar in half a day. As it is, they've loaded, locked, and are about to fire, aiming right at their own feet.
BTW, I'm just wondering who the first brave soul in slashdot is who will actually post the schools URL. (Also, BTW, it's pretty easily found in Google: Lake High School Uniontown Ohio, duh).
Fark!
I just commited 7 felonies waiting for this story to appear.
Who will guard the guards?
... after all the /. readers held down F5 to see if it really worked
It is not enough to have a good mind. The main thing is to use it well. - Rene Descartes (1637)
Sounds like a distributed denial of service attack. He just left out the automation.
Logically, the only thing that distinguishes a DoS from the Slashdot Effect is intent. If your intent is to spread awareness of the material that appears on a server, and the server can't handle it, well, that's tough for the server, but that's how the Internet works. If your intent is to take the server down, that's illegal.
Up until now, most deliberate attacks were automated, making it easy to separate overwhelming legit traffic from attacks -- but that's only really as accurate as trying to separate legitimate city traffic from criminals by assuming that anyone on foot is a burglar.
Of course, when you get down to the level of intent, you get to his contention that "Help me crash my school's server" was a joke, and that he wasn't actually trying to get people to follow through. And things get murky.
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?
Lake High School
I love the complete bullshit way this article frames the situation. He didn't put a link, he "created a website, which connected to the school's system." ooo.. sinister.. yeah...
The theory of relativity doesn't work right in Arkansas.
New, only on Slashdot, the Outrage-O-Matic!!
Simply take the bare facts of a story, throw in some out-of-context quotes and counter-factual insinuations, and that boring story about some punk's criminal mischief is suddenly about the Man's insane overreaction to a harmless prank!
It's fun for the whole family! Get yours today!
The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
Slashdot is in a heap of trouble.
I read the internet for the articles.
cheap labor conservatives - they want to keep you hungry enough to be thankful for minimum wage.
Here's a link to a video newstory that provides some more details: http://www.wkyc.com/video/player.aspx?aid=18650&si d=45721&bw=
This story has been up on Digg.com for a few hours, the school's website has been down most of the day
Since the school's site is already DDoS'd, here is the Canton Law Dept. Let's see how fast we can take the prosecutor down.
According to the folks at Fark, who got to it before the slashdotting, it only had about 900 hits total. Come on, they crashed the server in NINE HUNDRED HITS?!
http://lake.stark.k12.oh.us/
The site is actually down, which is a shame; it would have been a nice oppurtunity to see if we could get Zonk thrown in jail for posting it on the Slashdot front page.
My 3D Texturing Skinning work (under construction)
This doesn't make any sense, at all.
- If a boy tells his friend to reload a webpage, he gets thrown into jail and gets felony charges.
- A lone spammer gets $11 billion in fines.
- If joe sixpack downloads a movie he gets huge fines.
Yet, if a medium to large corporation sell/delete customer records, infect consumers computers with spyware or the like, they only get a slap on the wrist?
When did corporations get more freedoms than individuals?
Last year, an article on the WEWS Channel 5 website had this gem of a quote:
"School officials are not sure they [know] what has caused so many pregnancies..."
Someone needs to get these people a clue-bat.
if i break your arm because i didn't see you standing behind me while i was moving a heavy piece of furniture, then there should be mild repercussions
if i break your arm by taking it, looking dead in your eye, and twisting it as hard as i can, then there should be severe repercussions
the whole issue is one of intent
intent matters in this world, and any opinion that ignores intent, about this kid, or a whole range of modern problems in this world, is not a useful or valid opinion
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
As a concerned user of fully patched Gentoo, I have tested the "F5 causes excessive reloading" vulnerability. It works on Konqueror, Mozilla and Firefox, with all patches installed, including hardened kernel. Local access to the machine is NOT required; the F5 vulnerability can be triggered when opening a web browser through, e.g., SSH forwarded X connections.
I hope there will be a patch soon!
This new technology has created a whole wave of crimes
Behold the refresh button, the wonder of modern technology.
[sig]
Cmdrtaco & Drew Curtis should be on death row!
Bill Clinton: Pimp we can believe in. - The Shirt!!!
There was a time when we made an important distinction between types of crimes. Misdemeanors were "minor crimes" annoyances that can be cleared up easily enough and are a) not worth making permanent and b) best forgotten once the problems is solved. A classic example is littering, or spraypainting something on a park bench. The former is solved by making the littebug pick up their garbage (and mabye some other peoples') and the latter by having the offendor repaint the bench brown. In both cases the offence can be "fixed" and the individual can learn form a simple dressing down. In most juristictions misdemeanors are not even recorded (or didn't used to be) and never ever became part of someone's permanent criminal record (especially a minor). Moreover misdemeanors aren't liable for jail time above and beyond "time served" (in the drunk tank).
Felonies are major or "permanent" crimes such as theft, maim, and murder. They connotate crimes that cannot be simply "cleaned up", crimes that cannot be undone in any meaningful sense and crimes that may signal permanent problems for the individual in question. Felonies attatch much stiffer penalties (for both juveniles and adults) as well as "permanence". In some states felons lose the right to vote permanently. This is politely known as "Civil Disenfranchisement". In Midevil times it was associated with the term "Civil Death". Felons are also forbidden from obtaining some jobs (in government), and have to tell all other employers of their status. They are also often forbidden from obtaining some scholarships and grants. While not all of these attatch automatically to juvenile felons many of them do. Increasing numbers of states are making no distinction between juvenile felonies and adult felonies. Unlike midsdemeanor crimes felons are truly marked for life.
The basic upshot of this is that this kid could be harmed for life for what is, in essence, a nothing crime. He encouraged people to visit a website and thereby caused a server to run slow, not stop, not crash, not burst into flames, just run slow. This is a temporary problem, a fixable problem, and one that doesn't even require two coats of paint.
This is a dangerous, vicious overreaction on the part of the city prosecutor, and the school officials. They are abusing their power and risk punishing a kid for life for something that should be handled by a stern talking to and no dessert.
Some ex convicts carry around a felony conviction that prevents them from re-entering society or impairs them in some way thus encouraging a return to crime. How much worse is that when the conviction is for something less-damaging than littering.
On another note, I wonder when the prosecutor's up for reelection?
This school must have a pretty bad webserver if simply clicking on refresh brings the server to its knees.
*cough* Windows 98 *cough*
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
I'd do it again!
(click)
BAAAAHAHAHAHAHA!
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. :)
HA! An overloaded server is damage? Tremendous?
I think this guy is trying to turn an overloaded school website (like anyone visits that anyway) into a mini-9/11.
Tremendous Damage is essentially reserved for 9/11, Oklahoma City, type damage.
IMHO that's borderline slander since it's extremely unlike for any true damage, forget about "Tremendous".
Those are just words to get in the paper, at the expense of someone else's reputation.
If I were that kids parents, I'd consider a lawsuit. Then again, nobody ever wins a lawsuit against a prosecutor.
Theft!
He is making them steal MEGAHERTZ!
In the 60s, when I was growing up, only real bad offenses were deemed felonies. Murder, Rape, Arson, Armed Robbery and other stuff like that. Then along comes a new breed of careerist prosecutors and grandstanding politicians, all one-uping each other to see who could be toughest on crime. They're ratcheted damn near everything up to felony status. Are there any misdimeanors anymore?
In my state and others, many drug offenses carry longer mandatory minimum sentences than violent crimes. I was buying ammo recently at a gun shop. There was a sticker beside the register which warned of a 10 year sentence for buying a firearm for someone who shouldn't have one. Well, there ought to be a serious penalty for that but Armed Bank Robbery carries a 7 year penalty. Either the illegal gun purchase should carry a shorter penalty or the violent robbery should carry more. It's nuts.
These officials who slapped the HS kid with a felony say they're doing it to send a message. This is zero tolerance run amuk. All this felonizing of picayune offenses reminds me of something Deep Purple Ian Gilliam joked about on the Made In Japan album, "Make everything louder than everthing else."
Wansu, th' chinese sailor
http://www.lakelocal.k12.oh.us/lhshome.htm
Excuse me for pointing this out, but where exactly are the damages that relate to this felony. If this kid finds a lawyer with even an ounce of brains, the court case should last thirty seconds.
Lawyer: Why do you have a web site?
School: So the public can access it.
Lawyer: So, is the same machine running it today?
School: Yes.
Lawyer: Does it run on the same connection?
School: Yes.
Lawyer: And it runs the same software, with the same data?
School: Yes.
Lawyer: So, in fact, nothing was erased or altered on the machine in any way? Correct?
School: Yes.
Lawyer: Did your service provider charge you with any extra fees?
School: No.
Lawyer: So, apart from a handful of extra traffic, which you admit slowed down but did not stop, damage, or destroy hardware, software, or data, and which did not cost you any extra money, you had not other damages?
School: Uhm, well, I guess that's correct.
Lawyer: Tell me, do you sue the driver in front of you if he slows down, or charge the slow walking grandmother holding up the line with a felony?
School: Uhm, no.
Lawyer: Tell me, if all the phone lines are in use at the school because people are calling them, is that a felony? Are prank calls a felony?
School: Er, no.
Lawyer: So, your basis for the "damage" in this case is that a student basically asked his friends to "call-up" the computer until you had a busy signal.
School: Yes.
Lawyer: In fact, your entire web site listed less than 900 hits before it was Slashdotted into oblivion. Tell me, have you started legal proceedings against the news agency that took the story national, or Zonk for posting it on Slashdot?
School: Erm, no.
Lawyer: So, you're only willing to harrass young children? To send a child to prison for what amounts to no more than a phone call where they hang up? Is that what you feel is acceptable? Is that, in fact, what you view as teaching our children?
School: Er, do I have to answer that?
Lawyer: Well, you are making me wait, keeping me busy, I might have to file a felony suit against you for that...
Life, the Universe, and Everything... in my image.
That Lake High School is just outside of Toledo, OH. The Lake High School in question is near Canton, in the East.
Fnord.
"Michael said it was a joke," Forchione said. "We showed him how we deal with this kind of joke."
Being 18, they showed him, indeed, considering he will have a felony in the database tracking him for the rest of his life. In lieu of a job, I guess he can get a book from Loompanics on how to cook meth and be a drug dealer.
But I suppose they had to balance the ethical issues to reach a wise decision. I mean, it's hard to imagine the horror of school web sites crashing around the country. That would send a signal that we're weak on terra.
The more the idea takes hold in my mind, the easier it is to see examples of what cowardly bullies Americans are. Yup, the Canton police really showed this kid what happens when you mess with the school web site. "Take that computer-using high school kid!"
Maybe Kevin Mitnick can get him gigs speaking at the high school circuit?
That *was* engrossing, but personally I found this 7.2MB pdf on Zone Change Procedures to be even more informative:
e s/zonechangesample.pdf
http://www.cityofcanton.com/safetyservice/bldgcod
Those are my principles. If you don't like them I have others. -Groucho Marx
The Stark county Sheriff's office had some outdated information in the previous post-- Sherriff W. Bruce Umpleby died several years ago-- here's the updated info: 4500 Atlantic Blvd. NE Canton, OH 44705 Phone: 330-430-3850 Fax: 330-430-3839 Sherriff Tim Swanson I was actually *referred* to the prosecutor to find details on how to donate for the kids' legal fees, though Frank didn't seem to know. The number I was forwarded for the county prosecutor (Frank Forchione) was 330-305-0084 if you wish to contact him for details on the case, and or find out what the heck he's thinking. As a director that deals with *real* security issues regularly, setting this kind of legal precedent is quite dangerous, and would be terrible for the internet community. If there's any EFF types reading this, please post information on how to open a donation fund for the defendant's legal costs, or how to contribute to an existing one.
Call the FBI.
From Internet Explorer:
The page cannot be displayed
The page you are looking for is currently unavailable. The Web site might be experiencing technical difficulties, or you may need to adjust your browser settings.
------
Please try the following:
Click the Refresh button, or try again later.
- It's not the Macs I hate. It's Digg users. -
while true; do wget http://lake.stark.k12.oh.us/hs/ &> /dev/null; done;
Regards,
Steve