Slashdot Mirror
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?
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.
Slashdot is in a heap of trouble.
I read the internet for the articles.
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
Yeah. If it doesn't work at first, just hit F5 to try again. It'll work eventually...
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?!
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?
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]
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?
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 *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
Ouch, wrong one. I actually go there, the one in Millbury, not the one in Canton. Kind of confusing, actually.