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Get Fired. Delete Colleague's Account. Go To Jail.

SierraPete writes "CNet reports that Thomas Millot, a former systems analyst for a major pharmaceutical company, has lost his appeal on a computer intrusion charge. Mr. Millot was convicted of unlawfully entering the system that he used to work on and deleting a colleague's account after his job was outsourced. Mr. Millot's attorneys argued that his actions did not amount to $5K in damage--the threshold for the crime he was convicted of. The court disagreed, saying that IBM had done over $20K in work to undo his handiwork." Update: 01/14 19:55 GMT by J : Typo corrected; turns out the word "not" is important...

425 comments

  1. IBM ineptitude by Tet · · Score: 5, Insightful

    So IBM are apparently claiming $20,350 at $50/hour to investigate the incident. That's 50 man days. For fsck's sake, what sort of incompetent morons are they employing? Call it a couple of hours to trawl some log files, a few more to retrieve the missing account from backup, and be generous and round it up to a week -- 5 man days to tie up all the loose ends, write the incident report and get management signoff for everything. But 50 man days? That's just not even vaguely reasonable, and smacks of them just going for the throat out of malice. Yeah, he screwed up, and deserved to be punished, but the punishment should be proportional to the crime, and it clearly isn't here. Quite how they managed to get a judge to swallow that is beyond me. It sounds like the defence lawyers weren't doing their job. I can't think of any other explanation.

    --
    "The invisible and the non-existent look very much alike." -- Delos B. McKown
    1. Re:IBM ineptitude by Zordak · · Score: 4, Interesting

      Nobody seems to have disputed the reasonableness of what IBM charged. The defense attorneys instead tried to make the argument that IBM "volunteered" to do the investigation since they were not the employer. The fact remains that IBM charged the company $20,350 for the investigation of the matter, which apparently the company paid. The company was out that money, he caused it out of spite and did it illegally. I have no sympathy for the guy. I'd say he got what he deserved.

      --

      Today's Sesame Street was brought to you by the number e.
    2. Re:IBM ineptitude by Anonymous Coward · · Score: 1, Funny

      Mod parent up. IBM Global Services always liked to be paid in large gold bricks.

    3. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      Sounds like standard billing procedure to me. Clients would get the same type of estimate & bill...

    4. Re:IBM ineptitude by Raindance · · Score: 4, Insightful

      50 man days to
      1. undo what little damage he did, and
      2. make damn sure he didn't do anything more serious and insidious?

      I'd call that about right.

    5. Re:IBM ineptitude by Omnifarious · · Score: 1

      Yes, that's my thought too. The amount of damage claimed doesn't seem reasonable at all, unless you want to count court costs. Kind of like the kid who's going to be up for some sort of ridiculous felony for telling everybody to hit 'refresh' on his school's web-page when it was more of a 'disturbing the peace' sort of offense.

    6. Re:IBM ineptitude by Kymermosst · · Score: 4, Insightful

      50 man days to
      -2. Find out who was responsible.
      1. Find exactly when and what happened.
      0. Find out exactly how much damage was done.
      1. undo what little damage he did, and
      2. make damn sure he didn't do anything more serious and insidious?

      I'd call that about right.


      So would I, after my minor additions. (Yeah, they were implied, but you have to spell this kind of thing out for some people.)

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    7. Re:IBM ineptitude by Skuld-Chan · · Score: 1

      While back I used to support vertical market accounting software (mainly used in glass shops). A lot of these shops would hire consultants to work with me.

      I've seen 10 minute jobs get stretched out to 2 months or more - and I'm not kidding in the slightest. The second you try to argue with these guys about how they are doing it these people would bite my head off and start talking about security this or installation that. It got to the point where I'd call the owners of these shops and tell them I can't work with these people anymore - every time the shop owners went with my advice and fired the consultant.

      In my entire time there I met 2 consultants that a) knew what they were doing and b) were polite and kind and took my advice on how the software was supposed to be configured seriously.

    8. Re:IBM ineptitude by Leto2 · · Score: 5, Insightful

      I'd like to know where Aventis found IBM consultants that only charge $50/hr...

      --
      <grub> Reading /. at -1 is like driving through Cracktown in a convertible that is stuck in 1st
    9. Re:IBM ineptitude by TechieHermit · · Score: 5, Insightful

      Besides, he only got three months in jail, plus restitution. That's relatively lenient for this kind of crime, isn't it? Most prosecutors try to lock hackers up for the maximum term.

      The real effect of his record will be that it effectively bars him from working in I.T. Which might not be an entirely bad thing -- the guy DOES seem to have a pretty flexible moral compass, doesn't he?

      My question is, why is this in "your rights online"?

    10. Re:IBM ineptitude by undeadly · · Score: 1, Insightful

      It goes like this: if you, as a home user, are hacked, your time used for investigation/recovery are worthless because you can't bill anyone. A company does not have that restriction. Welcome to the US style of democracy favoring those with money.

    11. Re:IBM ineptitude by Sigma+7 · · Score: 3, Insightful
      So IBM are apparently claiming $20,350 at $50/hour to investigate the incident. That's 50 man days. For fsck's sake, what sort of incompetent morons are they employing? Call it a couple of hours to trawl some log files, a few more to retrieve the missing account from backup, and be generous and round it up to a week -- 5 man days to tie up all the loose ends, write the incident report and get management signoff for everything


      Here's some basic information:
      - Those 5 or 50 man days were spent cleaning up on the incident, and are not recoverable. (As opposed to endless meetings that "optimize" the performance of the company.) While it may not seem like a lot, it just takes one lost man day on a critical path to slow down an entire project.
      - Restoring from backup is not typically a drag-and-drop operation. In general, most large companies use backup tapes to store a large amount of data, and those are not typically random access.
      - When there is a person with Administrator privilages that made the changes, you need to assume Rootkit. This takes a lot of time to steralize the computer and examine what went wrong. In addition, you can't always assume that the logs are legitimate.
      - You still need to to check whether a script kiddie simply cracked the password to an account, or if it was a disgruntled employee that used an idle account.

      What appears to be a simple 5 man hours of work can easily balloon into 50, especially when you have to prove things beyond a reasonable doubt for a criminial conviction.

      Yeah, he screwed up, and deserved to be punished, but the punishment should be proportional to the crime, and it clearly isn't here.


      No, he didn't screw up. A screw-up requires incompetance, and does not apply to malice of any form (unless the incompetance existed during the malicious act.)
    12. Re:IBM ineptitude by Mike1024 · · Score: 1

      So IBM are apparently claiming $20,350 at $50/hour to investigate the incident. That's 50 man days.

      Perhaps the server had to be taken down for a quarter of a day (2 hours) and the company has 200 employees? That's 50 man days lost right there. Perhaps the intruder deleted the logs and the entire security setup had to be audited to detect and remove any other back doors he may have put in. Perhaps they got hit with fines due to some data protection law.

      Just some thoughts.

      Michael

      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    13. Re:IBM ineptitude by ThaFooz · · Score: 4, Funny

      Wait... so Aventis Pharmaceuticals Pharmaceuticals outsources its IT security to IBM, who in turn charges Aventis $20,350 to reach the conclusion that their recent security breach was caused by a flaw in IBMs security policy: not removing clearance from disgruntled ex-employees who are disgruntled soley because they are being replaced by IBM? That's FUNNY.

    14. Re:IBM ineptitude by castoridae · · Score: 1

      That's what they *cost* IBM, not what IBM would bill them out to a client at. $50/hr => $100K/yr total cost (maybe $60K salary, after you figure in taxes & benefits)

      I doubt they could get away with trying to give their billing rate in court.

    15. Re:IBM ineptitude by AchilleTalon · · Score: 1

      Mod parent up.
      That's the whole point. I have never ever seen such low rates from IBM Global services or any other IBM department as well. The rates are more in the 150-300$/hr bracket. The total amount charged represent something like 7-15 man/days.

      --
      Achille Talon
      Hop!
    16. Re:IBM ineptitude by Leto2 · · Score: 1

      That could be... But if I was the prosecutor for Aventis, I would have argued that the cost to fix the accounts was actually what they paid to IBM to get it fixed...

      --
      <grub> Reading /. at -1 is like driving through Cracktown in a convertible that is stuck in 1st
    17. Re:IBM ineptitude by nacturation · · Score: 1

      Perhaps the server had to be taken down for a quarter of a day (2 hours) and the company has 200 employees? That's 50 man days lost right there.

      Are you suggesting that IBM charged Aventis the amount that Aventis lost in productivity?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    18. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      Mod parent up

    19. Re:IBM ineptitude by Richard_at_work · · Score: 1

      And:

      3. 50 days while someone that is working on that isnt working on something else.

    20. Re:IBM ineptitude by Rantastic · · Score: 5, Interesting
      what sort of incompetent morons are they employing?

      Funny you should ask. I have had several recent jobs cleaning up after IBM consultants. I finally had the chance to find out what is going on. It goes like this: IBM keep their top talent hard at work on the big multli-million dollar contracts. For the rest, it is anyone they can get off the street.

      I learned of this when I recently had a job interview with IBM. They had already signed a $2 million contract with a government agency to build a computational data center, but had no available staff to allocate to the contract. The interviewer was completely candid with me when I asked about why they would sign a contract they couldn't fulfill. He said it happens all the time and is standard operating procedure. They simply hire contractors as needed. I turned the job down.

      Ready for the punchline? They hired a guy that I have worked with in the past. This guy has no prior experience working with the technology he will be deploying. He is a decent guy, but he will be figuring things out on the fly. He is the best they could do. He is being sent in as an expert consultant by IBM. Think he will bill more hours than someone with actual experience?

      I recently asked a former customer of mine, who works IT for a large university, why people would hire IBM over a smaller company with more expertise. He said that as far as his boss is concerned, if you hire IBM and they screw something up, you are covered because you went with IBM. This same customer then went on to tell me how IBM completely botched a $1 million installation job at his university last year. They are in court over it.

      If this guy had a good lawyer they should have audited all the work done by IBM and the qualifications of the people doing the work.

      --
      Ask Slashdot: Where bad ideas meet poor googling skills.
    21. Re:IBM ineptitude by Tablizer · · Score: 1

      [only] a few more to retrieve the missing account from backup

      Client: "Backups? What backups?"

    22. Re:IBM ineptitude by lucm · · Score: 2, Insightful

      This is not a simple matter of disabling a user account. To do a proper resolution of this issue, IBM must involve a lot of people:

      * an account manager to handle the issue with the customer
      * a senior analyst to evaluate the situation and make an action plan
      * a systems analyst to make recommandations to prevent this kind of issue in the future (new ACLs, firewall rules, etc)
      * a couple of technicians to carry out the job (log scanning, password reset, etc)
      * a security specialist to proceed to an ethical hack and validate the new measures
      * a security analyst to review the company's security policy

      Would they bill only 50$/h for those people, still the invoice could get high very quickly. They would not even have to get nasty. But then 50$/h an hour is a very low rate for consultants.

      Welcome to the world of big business.

      --
      lucm, indeed.
    23. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      A federal judge disagreed and handed down a relatively light sentence of three months of imprisonment, three months of home detention and three years of supervised release, plus a $5,000 fine and $20,350 in restitution.

      By the corporation and for the corporation. Let's look at the facts. If this guy had gone out and shot up heroine with his girlfriend who then died, and he failed to call the police for 12 hours while cleaning his house and getting rid of any evidence about what he does in his past time... he would have been out the next day without a fine and no jail time. She would be dead.

      However, he logs into some lame company's system he used to work for and deletes an account to make his already crap life seem significant to him for about 3 days. Until he owes 27k and 3 months in jail. Welcome to the land of opportunity.

    24. Re:IBM ineptitude by nametaken · · Score: 1

      Exactly. It can take alot of work to clean up after something like that.

      How much disagreement can there possibly be about this article? If you're an asshat and break the law, you should do time and pay the fine. I mean, seriously, now we know why they fired him!

    25. Re:IBM ineptitude by Anonymous Coward · · Score: 1, Interesting

      yes, you do have to spell things out for some people. please spell out for me what the difference between 0 and 2?

    26. Re:IBM ineptitude by Registered+Coward+v2 · · Score: 1

      $50 an hour seems absurdly low - for a typical 2000 hour work year a comapny would only get $100K, which doens't leave a lot of room for salary and benefits plus the margins consulting services seek. Either the IBM Consulting has some real low billing rates, or they did this as a favor to a big client.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    27. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      My guess based on the last time I saw the numbers, is that $20k is for
      3-5 folks to be flown in and 3-7 days (billed by the hour) to analyize
      the the system looking for any other signs of intrusion.

      So figure at least $5k in travel and living expenses. That leaves $15k
      for hourly billing at a rate in the neighborhood of $350 per hour .. that's roughly 44 hours of work.

    28. Re:IBM ineptitude by theLOUDroom · · Score: 4, Insightful

      50 man days to
      1. undo what little damage he did, and
      2. make damn sure he didn't do anything more serious and insidious?

      I'd call that about right.


      Based on that reasoning why not 500 man days? 5,000?

      "Damages" should be calculated based on actual damages. If not, there's really no limit to how much damage they can claim.

      It's not that I necessarily believe that the number 50 is unreasonable, it's that the argument you're using to support it certainly is.

      Imagine if this was applied to someone who stole a $1 candy bar: Yes, it only took $1 to replace the candy bar, but we had to spend $10,000 to inventory the whole store.

      --
      Life is too short to proofread.
    29. Re:IBM ineptitude by Kymermosst · · Score: 1

      Well, I didn't want to delete 2, but I figured that 0 had to happen before 1 could.

      I just call 2 the "double check".

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    30. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      Though I don't doubt your personal experience more information is required before generalizing to the entire company.

    31. Re:IBM ineptitude by giorgiofr · · Score: 1

      If not, there's really no limit to how much damage they can claim.

      Which is the reason why I would have had his head cut off and put on the tip of a spear, and subsequently hanged on the city walls.

      --
      Global warming is a cube.
    32. Re:IBM ineptitude by kfg · · Score: 1

      2. make damn sure he didn't do anything more serious and insidious?

      If I burglerize your house, the more expensive lock you buy for your front door afterwards is not part of my crime.

      Especially since I didn't break it down. I used a key. Which you gave me.

      KFG

    33. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      IBM is where you go to work when you're not capable enough for a real job. It's big, it's bulky, it's beurocratic. It's easy to be lazy and/or nearly incompetent and still maintain gainfull employment. It's like an extension of high-school or college really.

      That said, I've met some really bright people at IBM, but they liked their job because it was easy. It wasn't any sort of chore to get their assignments done and to shine over the heads of the rest of the mediocre crowd of their coworkers.

    34. Re:IBM ineptitude by Protectiva · · Score: 2, Insightful

      Claiming for damages, OK. Sounds fair. But claiming for expenses incurred to discover the full extent of the intrusion seems a mite dodgy. And terribly vulnerable to abuse. The company can say: "Our security is absolute crap. We don't even notice who comes and goes. If there is a security breach, we have to do a comprehensive security audit to discover the extent of any damage, made all the more time-consuming because we don't reliably detect intrusions. But the perpetrator has to pay for the unnnecessarily-complicated investigation. So there is no incentive for us to secure the network beforehand." Whatever happened to due dilligence?

      It is fair that they seek to recover the money/man-hours which were expended to undo the actual damage inflicted by the perpetrator. They actually had to expend those resources to get their production environment back the way it was before the intrusion. But why include the cost to "make damn sure he didn't do anything more serious and insidious"? Yes, the intruder is ultimately responsible for the damage. But is he/she also punishable for the network's sloppy security?

      I see more and more cases like this where the actual damage inflicted is very small and the actual recovery is not expensive. However, the sanitizing of the network takes up the bulk of the time.(E.g. one server compromised, easily spotted in what might be the preliminary stages of a deeper attack. But the incident response team spends absolutely ages tweaking filters and going through logs trying to see if anything else was compromised or if the intruder has gained a foothold in the network.)

      Any thoughts on this?

      --
      It is not that power corrupts but that it is magnetic to the corruptible.
    35. Re:IBM ineptitude by deanj · · Score: 1

      Regular people regularly get compensated for the time in court. Happens all the time.

    36. Re:IBM ineptitude by Kymermosst · · Score: 1

      What appears to be a simple 5 man hours of work can easily balloon into 50, especially when you have to prove things beyond a reasonable doubt for a criminial conviction.

      Not to mention for SOx and/or PCI audits.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    37. Re:IBM ineptitude by Tuna_Shooter · · Score: 1

      I work with these (Aventis) people doing 21 part 11 compliance projects. Yes 50 man days.... sounds about right considering they probably outsourced this to India where most of the IBM contractors I work with reside. Funny thing is in order to get a simple task done 50 indian man days might not be enough. Just goes to show what a sad state of affairs corporate IT has sank to. Bean counters running the show ....yuck

      --
      *--- Sometimes a majority only means that all the fools are on the same side. ---*
    38. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      You're doing a heck of a job IBM!

    39. Re:IBM ineptitude by Heembo · · Score: 1

      So IBM are apparently claiming $20,350 at $50/hour to investigate the incident. That's 50 man days.

      Dude, this is a major security incident. I would spend way more to do detailed forensics to see what else this guy did. Not only is this just, its way *under* what they could have slammed him for. In the professional world, especially when you plan with big banks and pharacuticals, you don't get caught deleting co-workers accounts maliciously or you goto jail. Most slashdotters I know who would *never* get caught. ;-)

      --
      Horns are really just a broken halo.
    40. Re:IBM ineptitude by Heembo · · Score: 1

      This is, by far, the most insightful comment I have seen on this topic. How the HELL did this guy STILL have secure-id admin access well after the fact?

      --
      Horns are really just a broken halo.
    41. Re:IBM ineptitude by Anonymous Coward · · Score: 1

      To a degree your point is valid and I'd agree with it (to a degree) if it weren't moot for this particular case.

      Millot was the one responsible for computer security. The fact is that he was more than able to create backdoors despite the system being secure to an external attacker. Because he was in a postion of responsiblity and he abused that responsiblity there is a legitimate reason to charge him for the cost of finding out just how much he abused it. He got off lucky. 50 days or whatever the number was is very little if you ask me.

      The "burgler breaking in" metaphor doesn't really work here. A more accurate approach would be to say you hired a certified contractor to do some work on your house. You then find out that his work actualy damaged parts of your house. There is a legitimate cause to charge him the cost of finding out much damage he did.

    42. Re:IBM ineptitude by diersing · · Score: 1

      More likely this kind of work required 10 project managers, 2 conference calls a day to discuss future conference calls, one remote junket in Las Vegas to *facilitate* intra-department cooperation, and then assign it to one tech to restore the account from backup (or) recreated the account and add to the proper groups.

    43. Re:IBM ineptitude by qwyeth · · Score: 5, Insightful

      IANA security professional, but here goes:

      No system is 100% secure. Even if you do assume their security is state-of-the-art, there's still a margin of vulnerability. In this case, a security professional who was responsible for those systems abused his knowledge and former access to gain entry. Once he's in, there's no telling how many hacks, exploits, and sneaky tricks (not to mention previously-installed backdoors) he knows and can use to his advantage.

      No matter what their level of security and how much money they spent hardening everything in the past, they simply cannot be positive he hasn't found a way to sneak around their logs, sniffers, and monitors and install a rootkit. 50 man-days to recover doesn't sound so bad when you consider that one successful intrusion (however difficult it was to achieve) can result in an invisible-yet-gaping orifice that leaves all that hard-earned security worthless to future penetration.

      I agree that what Mr. Millot did is pretty stupid and stinks of 'amateur,' but IBM is operating in paranoia mode (and rightly so!). What if this guy is a pansy who knows just enough to get himself caught, but he was hired by a shady individual to plant a stealthy something and deleted the account as an afterthought? How does IBM know that their system isn't still compromised by something like that? Because they spent 50 man-days wiping and re-imaging systems or poring over md5 signatures or whatever it is they do in a situation like this.

      Actually, they still can't be 100% positive, but at least they were (to paraphrase the parent) duly diligent.

    44. Re:IBM ineptitude by (negative+video) · · Score: 1
      But why include the cost to "make damn sure he didn't do anything more serious and insidious"?
      Because he was a former head of security who had essentially put backdoors in the security systems, then later used them for sabotage out of pure spite. At that point, you cannot trust his word that he only misused a single account. Diligent recovery involves scrubbing all the security systems down to the bare metal: reinstalling all software, cancelling and replacing access cards, changing PINs and passwords, replacing physical locks and reissuing keys, auditing the available logs, interviewing key people, and so forth.

      Note too that this site (I think) was an Aventis Pharmaceutical manufacturing plant, watched closely by the bastards at the FDA. Basic diligence requires that the investigators establish to high probability (beyond any reasonable doubt?) that the sabotage did not extend to plant operations. Recalling all product made during the period of sabotage could easily cost hundreds of millions of dollars, with hundreds of millions more in lost sales from bad publicity, so IBM was right to investigate thoroughly.

      I cannot believe the guy would contest the decision. He got little more than a slap on the wrist as a prison sentence. IBM was honest and fair, not running up huge bills the way consultants are wont to do, nor making the damage seem scarier than it was. He should thank his lucky stars.

    45. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      yeah seriously, everyone is frothing about just deserts but compared to other crimes, his punishment is pretty hefty.

    46. Re:IBM ineptitude by sjames · · Score: 1

      A screw-up requires incompetance, and does not apply to malice of any form (unless the incompetance existed during the malicious act.)

      A smart admin on his way out for any reason makes his last official act turning in any authentication tokens he has and reporting (in writing) the need to change any passwords he knows. Hopefully, they get changed and so he's cleared of security breaches that happen later. If not, he can at least say he turned in his secure ID, knows nothing of the breakin, and that negligence on his former employee's part is the likely cause of the problem, not him.

    47. Re:IBM ineptitude by Anonymous+Brave+Guy · · Score: 1
      But why include the cost to "make damn sure he didn't do anything more serious and insidious"?

      Because once a system is known to be compromised, the only completely secure response is to reinstall everything, completely clean, and restore data from known good back-ups. Anything less leaves open the possibility of backdoors, something the perp here clearly knows how to use.

      It's all very well saying the defence claiming that the perp only did this or that, but it would be negligent for the management/sysadmins not to verify that independently, and the perp should be held liable for all work required by those people on account of his illegal activity.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    48. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      India.

    49. Re:IBM ineptitude by daspriest · · Score: 1

      But you would have to assume IBM was charging $50/hr for the investigation, which is probably quite a low figure. They probably charged something closer to $200/hour, if not more.

    50. Re:IBM ineptitude by baronvonwalz · · Score: 1, Interesting

      2. make damn sure he didn't do anything more serious and insidious?

      Um, they should have done that anyways. If you outsource someone's job and don't change everything to make sure they don't get back in, you're a fucking moron. End of Story. Charging him for what they should have done is bullshit.

    51. Re:IBM ineptitude by Anonymous Coward · · Score: 0
      I've seen 10 minute jobs get stretched out to 2 months or more - and I'm not kidding in the slightest. The second you try to argue with these guys about how they are doing it these people would bite my head off and start talking about security this or installation that.

      Security starts from the planning stages. There is no such thing as a 10 minute software installation job unless you've already done the security planning ahead of time and have the documentation squared away. Installing your crappy software could and very well does take months of planning to fit into a sound security architecture.

    52. Re:IBM ineptitude by Anonymous Coward · · Score: 1, Interesting

      That's what they *cost* IBM, not what IBM would bill them out to a client at.

      Why oh why can't you RTFA before spouting off with your ignorance? It clearly states:

            "IBM billed Aventis for its investigators' time at $50 an hour, for a total cost of $20,350."

    53. Re:IBM ineptitude by bobt1956 · · Score: 3, Insightful

      I used to consistantly charger $125 per hour as an analyst supporting IBM AIX systems. $50 an hour is cheap. However it wouldn't take anywhere near that amount of time to undue and repair the damage. On the other hand, sounds like the company got a complete overhaul in the deal which would be unrelated to the problem other than it scared them and pointed out the need! There should have been (2) bills here: 1. Find and fix problems related to the account -$2,000 2. Re-design the whole system $18,000. I feel confident IBM naturally started finding un-related problems and holes and a small project turned into something completely different. Having been an anaylst for 25+ years and spending my life making things work, I'm the last person to condone his actions but he shouldn't have been tagged with the bill to rebuild the whole system!

    54. Re:IBM ineptitude by toddestan · · Score: 1

      Imagine if this was applied to someone who stole a $1 candy bar: Yes, it only took $1 to replace the candy bar, but we had to spend $10,000 to inventory the whole store.

      That's unreasonable because in most cases, the cost of doing the inventory would exceed the value of whatever else the shoplifter could of possibly made off with.

      On the other hand, the value of the data on many corporate servers likely greatly exceeds the cost of doing an audit, scanning the servers, restoring from backup "just in case", and what other things might have to be done to make sure they are okay. In which case, doing those things would be a no-brainer, and I don't see why the extra work wouldn't be part of the damages.

    55. Re:IBM ineptitude by duffbeer703 · · Score: 1

      Have you ever worked with IBM? They'd bill $50/hour for a janitor.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    56. Re:IBM ineptitude by Fulcrum+of+Evil · · Score: 1

      Perhaps the server had to be taken down for a quarter of a day (2 hours) and the company has 200 employees?

      The server? Obviously you don't work in IT - there are usually several - dozens of servers, depending on the size of the org, each with a particular task. The fact is, we don't know what they did or how it impacted productivity. Also, as someone else pointed out already, charging lost productivity is asinine and opens the door to all sorts of padding.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    57. Re:IBM ineptitude by HardCase · · Score: 1

      And that, folks, is why there's no reason to use an analogy when the point that you're trying to make is so simple - you're likely to use one that doesn't apply to the situation.

      As a hint: the crime in question was not a property crime.

      -h-

    58. Re:IBM ineptitude by Fulcrum+of+Evil · · Score: 1

      I recently asked a former customer of mine, who works IT for a large university, why people would hire IBM over a smaller company with more expertise. He said that as far as his boss is concerned, if you hire IBM and they screw something up, you are covered because you went with IBM.

      That's why I hate large companies. They care more about avoiding blame than actually getting things done. I could make the opposite claim, that IBMGS is the worst choice due to their questionable hiring practicies and lack of available expertise. A known quantity is generally safer than a big name.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    59. Re:IBM ineptitude by kfg · · Score: 1

      Property was not the issue. The cost of security was the issue.

      KFG

    60. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      Uh.. I believe that was 50 hours at $400 per hour (we're talking IBM here)

    61. Re:IBM ineptitude by HardCase · · Score: 1

      Your comment makes no sense. If you use your own time for investigation and recovery, who do you send the bill to? Yourself? You have no monetary loss. On the other hand, a company who pays somebody to perform the investigation and recovery can demonstrate a monetary loss.

      Now, if you hire somebody to do the investigation and recovery, then you can make a case for restitution. Or, if you had to take time off of work to do the investigation and recovery (and didn't get paid), then you can make a case for restitution.

      Or, if you feel that your time is worth something, you can file a civil case and sue the hacker for the value of your time.

      Check around a bit - you'll find that the US judicial system is quite liberal when it comes to recovering damages in a criminal case.

      -h-

    62. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      I've seen 10 minute jobs get stretched out to 2 months or more - and I'm not kidding in the slightest. The second you try to argue with these guys about how they are doing it these people would bite my head off and start talking about security this or installation that.

      So, take "10 minutes" off your lunch, and do their job. Document it, and get their asses fired.

    63. Re:IBM ineptitude by rgriff59 · · Score: 1
      Although I think you might be able to put that a little more eloquently, I have to agree. The ex-sysadmin was wrong to do what he did, but the company didn't do even the smallest part of what it should have. Consider this from the article:
      But he kept an administrator-level SecureID card with him ...
      That alone should get someone (else) fired. He should have had the card confiscated prior to being let go. Not doing so is nothing short of negligence. Charging the ex-admin for the cost of not doing that seems illogical.
    64. Re:IBM ineptitude by pnewhook · · Score: 2, Insightful

      It's not just the time to restore the account. They had to search the system to find out how it happened and who did it. That can take a lot of time.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    65. Re:IBM ineptitude by baronvonwalz · · Score: 0

      Eloquence is not something I attempt when angry.

    66. Re:IBM ineptitude by Black+Perl · · Score: 1, Funny

      yes, you do have to spell things out for some people. please spell out for me what the difference between 0 and 2?

      t w o

      --
      bp
    67. Re:IBM ineptitude by megarich · · Score: 2, Interesting
      The fact remains that IBM charged the company $20,350 for the investigation of the matter, which apparently the company paid. The company was out that money, he caused it out of spite and did it illegally. I have no sympathy for the guy. I'd say he got what he deserved.

      I have no sympathy for the guy either but IBM is a bigger crook. Where's the justice on IBM for having the balls to quote a price of 2 grand(no I'm not exaggerating) to change out of freaking myrinet cable?! And while they are out the money in the grand scheme of things I somehow doubt IBM misses a mere few grand in their multi-billion dollar operation.

    68. Re:IBM ineptitude by schon · · Score: 2, Funny

      I asked about why they would sign a contract they couldn't fulfill. He said it happens all the time and is standard operating procedure.

      You say this like it's something unusual. If so, I doubt you have much experience with company with an employee base of >1.

      Here's a story that might help you understand a little better:

      A salesman and a technician wenet bear hunting. They hiked up into the mountains, to get to a remote cabin. When they got there, the salesman said "OK, you unpack, and I'll go find us something to hunt," and left before the technician could object.

      About 10 minutes later, the technician heard the salesman screaming from outside. He went out, and across the field, he saw the salesman running for his life, being chased by the largest, angriest bear the technician had ever seen in his life.

      Stunned, the technician could only stare as the salesman ran right up to the cabin, the bear inches behind him. Just as he reached the cabin door, the salesman bolted to the side, and the bear having too much momentum, barreled straight into the cabin. The salesman quickly closed the door, and looked to the technician with a big smile on his face.

      The technician could hear the bear destroying the inside of the cabin, and as he turned to the salesman, the salesman said "OK, you finish up with this one, and I'll go get us some more."
      ---------

      A salesman I worked with once told me the "secret" of sales: "Never confuse selling with supplying." I've never met a salesman who feels differently.

    69. Re:IBM ineptitude by BrookHarty · · Score: 1

      Sounds like a good time for a class action against IBM, get 10 customers who had horrible experience with IBM, and go for the throat. The IT field is a joke when it comes to quality, you can hire anyone with no experience, have them do missional critical work, blame vendors, design crap. No wonder they pay more for a Name, so you can sue someone with pockets.

    70. Re:IBM ineptitude by Whatchamacallit · · Score: 1

      I concur, IBM sends their best and brightest to those accounts who pay huge sums of contract money. All other accounts are shafted.
      In fact, once their staff obtains more skill they are moved up the chain from the cheap contracts to the progressively more expensive contracts.

      So if your company outsources to IBM and thinks they are saving money; they really are not. The following has been proved true:

      1. Cheap contract sold by IBM to company.
      2. IBM staffs up from bottom of the barrel incompetent picks off the street.
      3. As the IBM staff improve their skills they are transferred to other IBM accounts.
      4. The company becomes an IBM training and recruiting ground. Good candidates are sent to more important accounts bad candidates are fired.
      5. IBM micro-bills the company for anything above and beyond the stated cheap contract terms.
      6. IBM's own incompetent staff are inefficient and via their own mistakes IBM ends up micro-billing the company.
      7. The company ends up spending more then they ever spent before on IT functions and their mainframe has been dismantled and is now hosted in an IBM data center along with all their midrange servers.
      8. The company is now a hostage to IBM as it will cost a huge amount to switch from IBM back to a company owned and managed infrastructure.

      Nobody ever got fired for recommending IBM but perhaps they should be drawn & quartered, flayed, and then shot by firing squad.

    71. Re:IBM ineptitude by Heembo · · Score: 1

      You don't need detailed computer forensics to account for one lost candy bar stolen by a young child. You do need detailed computer forensics when you are stupid enough not to revoke admin privledges when you fire someone.

      --
      Horns are really just a broken halo.
    72. Re:IBM ineptitude by altanhaider · · Score: 1

      Get Fired. Delete Colleague's Account. Goto Jail. Delete cop's account. Lose appeal. Delete lawyer's account. Get bailed. Delete rat's account. Get hired. Delete boss's account. Get Fired....

    73. Re:IBM ineptitude by Prof.Phreak · · Score: 1

      One would argue that the true IT professionals are in business of making easy things seem very complicated (and taking in more billable hours at it).

      Sure, it might've been a few hour job, but... well... that doesn't really help IBM and their billing. I was once stupid enough to finish something in 1 day (when the `assumption' was that it would take a week...)---guess who got many more contracts though that consulting firm after that??? It certainly wasn't me, the fast worker; one who doesn't bill a lot.

      How long would a 1 hour (billable per hour) job take you?

      It's all about money; and the ugly truth is that if you don't stretch out the time, there just isn't enough -useful- (worthwhile for the corp) work out there. Most folks just browse the web all day long... and get paid for it. If you try to be a hero (like be productive), you get punnished for it; at least in the hourly contracting business.

      --

      "If anything can go wrong, it will." - Murphy

    74. Re:IBM ineptitude by Anonymous Coward · · Score: 1, Insightful

      This could be like if someone poked you with a needle. They may have just given you syph, which is a $30.00 penecillen shot. However, they could have also given you aids. So, to be sure, you have to be tested for everything. So they should be liable for all the testing in addition to actual damages.

    75. Re:IBM ineptitude by weierstrass · · Score: 1

      >What appears to be a simple 5 man hours of work can easily balloon into 50, especially when you have to prove things beyond a reasonable doubt for a criminial conviction. [emphasis mine]

      surely they can't claim the time spent gathering evidence with which to prosecute him as damages caused by his attack?

      --
      my password really is 'stinkypants'
    76. Re:IBM ineptitude by kfg · · Score: 1

      It turns out that the difference between "didn't" and "doesn't" is important.

      I'll leave the correct argument to those who are already doing well with it, as I'm obviously not even fit to read at the moment, let alone debate in writing.

      KFG

    77. Re:IBM ineptitude by ePhil_One · · Score: 4, Insightful
      You do need detailed computer forensics when you are stupid enough not to revoke admin privledges when you fire someone.

      It was not his account he was using to access it, but rather an auxilary "Admin-level" card he stole. He was in charge of admin-ing the SecureID tokens, and had issued "spare" or "loaner" tokens. Bad security policy yes, but perhaps they outsourced his job because he made stupid policy decisions. Perhasp they should have done a full audit when he was let go, but in large companies this can be extremely difficult and disruptive, and still doesn't cover all the potential backdoors/traps/trojans a malicious admin could lay. The reality is you trust professionals to do whast right, they were already ahead of the game using token based authentication, its impossible for him to have a co-workers password

      Blaming the victim is always bad policy, and you should feel no remorse for a criminal who has put IT professionals in a bad light. This wasn't one stupid momment, it was a series of really dumb decisions.

      1. Steal SecureID token from company you no longer work for
      2. Access (9 times at least!) former company's private network
      3. Vandalize former comapny by deleting data

      Personally, I'd feel fine if the company added lost productivity to the toll, not just for the manager, but for any projects that were delayed as a result of his criminal behavior, etc. This idiot got off light, don't be an idiot yourself and sympathize with him.

      --
      You are in a maze of twisted little posts, all alike.
    78. Re:IBM ineptitude by Heembo · · Score: 1

      This idiot got off light, don't be an idiot yourself and sympathize with him.

      I agreee with your comments 100% - I do not sympathize with this criminal - and yet, 3 months prison is WAY light. They could have giving this sucker a great deal more. Even the article said it was a "light sentence".

      --
      Horns are really just a broken halo.
    79. Re:IBM ineptitude by Kjella · · Score: 1

      "0. Find out exactly how much damage was done.
      2. make damn sure he didn't do anything more serious and insidious?"

      yes, you do have to spell things out for some people. please spell out for me what the difference between 0 and 2?


      I'd say close-ended and open-ended.
      0. is mostly like "ok, we know this, this and that has been tampered with, let's see exactly what he did."
      2. is mostly like "right, so we've covered what we do know, what else could he possibly have done?"

      Often 2. is the bigger problem because you can be searching for something that isn't there, or he might have burrowed real deep to avoid logging. In his account you might see a tiny detail which means he rooted the box, then nothing (unless he wiped that too). All the rest is done in secret unless you have some fairly advanced tripwire system running.

      --
      Live today, because you never know what tomorrow brings
    80. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      The majority of IT outsourcing contracts are 'your mess for less'. In most cases that means that the outsourcer is only held to the client's prior-to-outsourcing security policies and guidelines, and is not contractually obligated (or paid) to improve upon any system that has been taken over through an outsourcing contract. However, the majority of outsourcing suppliers will (especially if they are absorbing systems into their own infrastructure) bring the level of security up their own corporate standard.

    81. Re:IBM ineptitude by Kwiik · · Score: 1

      "The real effect of his record will be that it effectively bars him from working in I.T. Which might not be an entirely bad thing"

      heh

      he was just a systems analyst anyways

      he got outsourced.. that should say the quality of his work in any case. Who cares about his moral compass if he's just another lackey.

      --
      Vehicle Stars used car search is my current project
    82. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      when you consider that one successful intrusion (however difficult it was to achieve) can result in an invisible-yet-gaping orifice that leaves all that hard-earned security worthless to future penetration.

      So much of chastity belts.

    83. Re:IBM ineptitude by cgenman · · Score: 2, Insightful

      I hope this doesn't burn too many bridges, but while IBM charged the company $20,350 for the investigation, that doesn't mean that the person did $20,350 dollars worth of damages. If someone sniffs around the old apartment they used to live in, eventually deciding to steal a 2,000 dollar laptop, for criminal purposes the person has stolen 2,000 dollars worth of property. It doesn't matter if that homeowner then hires a PI at 200,000 dollars per hour, you've still stolen 2,000 dollars worth of property.

      I don't know about you, but I can restore someone's access to a system that I sysadmin in about 15 minutes. Add an hour or two to restore backups of their home directory and any other data that may have been deleted with the account. Add in a 4 hour murphy's law buffer, and a day of tracing your steps through the system to make sure you didn't do anything else, and the company is out less than 1,000 dollars. Assume a generous 1000 dollars for the theoretical cost of "downtime" of the employee (which should have been all of "Hey, I can't log in. Hey Frank, I can't log in... Oh, it's working again, thanks!"). You're still at 2,000 dollars. Unless they have a nasty, unadministerable system, this should be the cost of the intrusion for damage purposes.

      Again, what this person did was inexcusably petty and stupid. But the justice system should try his case fairly. His probably overworked defense lawyer is correct in pointing out that IBM is not a criminal investigation team. They are not the law. IBM is notorious for overcharging, overbilling, and frequently underperforming, and as a for-profit company should not be used as the sole source of information for what the cost of an intrusion works out to be.

      Justice should be blind, but not to the source of their numbers. The principle of fair trials for everyong outweighs the stupidity of this particular person's action.

    84. Re:IBM ineptitude by tsm_sf · · Score: 1

      What if this guy is a pansy who knows just enough to get himself caught, but he was hired by a shady individual to plant a stealthy something and deleted the account as an afterthought?

      I think you mean "patsy", but that was good for a chuckle.

      --
      Literalism isn't a form of humor, it's you being irritating.
    85. Re:IBM ineptitude by tlk+nnr · · Score: 1

        50 man days to
      1. undo what little damage he did, and
      2. make damn sure he didn't do anything more serious and insidious?

      An interesting question:

      If you break into a huge warehouse and steal one DVD-recorder, could the owner hire an expert for stocktaking and recheck that really nothing else is missing? And then claim that the costs for the stocktaking are part of the damage caused by the thief?

      Right now the "stocktaking" is part of the damage caused by a computer intruder. I think it's not fair, but everyone knows the rules and he shouldn't have deleted the account.
    86. Re:IBM ineptitude by theLOUDroom · · Score: 1

      It's not just the time to restore the account. They had to search the system to find out how it happened and who did it. That can take a lot of time.

      And they had to inventory the whole store to make sure nothing else was missing and no bombs were planted when that $1 candy bar was stolen.

      The point is, there needs to be a seperation between what is considered actual damages of a crime and what is being spent on investigation.

      --
      Life is too short to proofread.
    87. Re:IBM ineptitude by pnewhook · · Score: 2, Insightful

      Why shouldn't criminals have to pay for the consequences of their actions? If they had to pay for these things, including the costs of convicting them then maybe the justice system wouldn't be so massively underfunded.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    88. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      About 5 years ago, I worked at IBM in the OS390 division and I can attest that it was a sharp crowd doing, difficult work. Of the dozen programmers which were hired at the same time as me (all out of school), only 1 was still there when I left after 1.5 years (I sucked and probably would have been laid off, but at my new job, I've been the star and more than doubled my sallary). The IBM new hires weren't bad- it's just hard to compete with smart people who've been working on a system for 10+ years.

    89. Re:IBM ineptitude by ckedge · · Score: 1

      $50 per hour? That's damn cheap. Guess it was just low level sysadmin work though.

    90. Re:IBM ineptitude by LexMan · · Score: 1

      So it took $20,000 to investigate if he had made other damages. Are they absolutely sure they didn't overlook anything? Well, you can't be sure.

      And what about his colleagues who were outsourced too? They didn't delete a user account. Maybe they were too smart and did really harmful things...
      As stated before: you can't be sure. I guess they've got to hire IBM whenever someone leaves the company.

    91. Re:IBM ineptitude by theLOUDroom · · Score: 1

      Why shouldn't criminals have to pay for the consequences of their actions?

      Who's arguing that they shouldn't?
      It's certainly not me.

      If they had to pay for these things, including the costs of convicting them

      This is really a seperate issue. If it costs $20,000 to convict someone for stealing a $1 candy bar they simply should not be charged with a theft in the amount of $20,001.

      Anyways, if you're going to make me pay the gov't for the cost of prosecuting me if they win, why shouldn't the gov't have to pay for my costs of defense if I win?
      Imagine how that would have worked out with the OJ trial?

      maybe the justice system wouldn't be so massively underfunded.

      They'd have plenty of money if they weren't so busy throwing non-violent offenders in jail, setting mandatory minimum sentencing, etc.
      Of course, the whole idea that law enfocement shouldn't cost society money is fucked in itself. It reminds me of something I read while looking at the propiska system in Moscow, it was along the lines of:
      "We give you a badge and a gun, don't expect us to pay you, use it to make your own money."

      Making crime and punishment cash-flow positive is a recipe for a seriously corrupt system.

      --
      Life is too short to proofread.
    92. Re:IBM ineptitude by pnewhook · · Score: 1
      Anyways, if you're going to make me pay the gov't for the cost of prosecuting me if they win, why shouldn't the gov't have to pay for my costs of defense if I win?
      Uhh it works that way now. If you sue me and lose, I have the right to ask the court to force you to play my legal expenses. That's only fair, otherwise you'll have people suing each other with the sole intent of bankrupting them.
      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    93. Re:IBM ineptitude by rtb61 · · Score: 1
      Under law the cost to invetigate is not looked at only the damage done. Lost data and the cost of producing the data, plus any costs associated with the restoration of data deleted and to cap it off any costs associated with the employee being unable to carry out their required work.

      Any investigatory work is not reclaimable, so this just points to a over eager prosecutor who should have know better, a slack judge for allowing it and a hopeless defence attorney. Let alone the nonsence at looking at what else the miscreant might maybe have possibly done. There is also the responsibility to ensure that any costs associated with the loss are minimised.

      --
      Chaos - everything, everywhere, everywhen
    94. Re:IBM ineptitude by theLOUDroom · · Score: 1

      Uhh it works that way now. If you sue me and lose, I have the right to ask the court to force you to play my legal expenses. That's only fair, otherwise you'll have people suing each other with the sole intent of bankrupting them.

      You seem completely unware of the disctinction between criminal and civil litigation.

      --
      Life is too short to proofread.
    95. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      Naah. Nothing you do with software shoudl be considered illegal. It's just stuff inside the screen.

    96. Re:IBM ineptitude by LifesABeach · · Score: 1

      "...it effectively bars him from working in I.T."

      Uhmmmmmmmm; If I had a phone, computer, and access to the internet? I think 90 days of doing nothing but thinking about what Step 2, would be a little chilling. Lets face it, in jail there's are so many stories of what people did to other people that the knowledge gained would be, in the words of Visa, "Priceless."

      My favorite jail story is were the ex-con comes out of jail only to create a competing business; Only more successfull.

    97. Re:IBM ineptitude by Anonymous Coward · · Score: 0

      I have been that IBM guy dropped in the shit so many times, lied to and manipulated. Imagine getting off a plane arriving at the customer site expecting to have a quick look around and get a feel for the kit, when suddenly I was ushered into a conference room and expected to give a question and answer session on a product I have never seen in action. They do this all the time to customers, we get lied to, the customer gets lied to and A-hole salesman who promised them an impossible time frame drives away in his sportscar. People like me get left with their dicks in their hands. No wonder the company is falling apart, run by clueless beancounters who have forgotten the meaning of integrity.

    98. Re:IBM ineptitude by pnewhook · · Score: 1

      Uhh no, I was just giving you a more common example.

      Ok, for a criminal example, say the cops smash into your house and arrest you for murder. You go to trial spending hundreds of thousands to prove you are innocent. You are trying to tell me you are now bankrupt just because some cop screwed up the evidence? Come on. Here in Canada at least you are often entitled to be reimbursed, including lost wages - its only fair.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    99. Re:IBM ineptitude by theLOUDroom · · Score: 1

      Ok, for a criminal example, say the cops smash into your house and arrest you for murder. You go to trial spending hundreds of thousands to prove you are innocent. You are trying to tell me you are now bankrupt just because some cop screwed up the evidence?

      Yup. That's how it works.
      If you're acquitted you don't get your money back.

      The only way you might get your money back would be if you filed a seperate civil suit and were able to prove some sort of gross misconduct. ...and you are not provided with even a shitty lawyer for civil suits if you can't afford one, so you better have some money left over.

      --
      Life is too short to proofread.
    100. Re:IBM ineptitude by pnewhook · · Score: 1

      Well I guess than if I'm ever charged with a crime in the US I'd be hitailing it back across the border pretty damn fast.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  2. Well, it sure beats having to look for another job by tomhudson · · Score: 1

    After all, now that's he's been outsourced, what better job security post-9/11 than sitting in jail with all the "terr'rists"?

  3. haha revenge is sweet by Anonymous Coward · · Score: 0


    if you can't do the time, don't do the crime

    other than, that game on !

  4. Eh ? by Delifisek · · Score: 5, Funny

    20k for undeleting account?

    Pheww...

    Now I understood why IBM four times bigger than Microsoft....

    --
    [My english is better than most other people's Turkish, so please point out mistakes politely. Thank you.]
    1. Re:Eh ? by tealover · · Score: 0, Flamebait

      You are an idiot if you think undeleting an account would be the proper response to a security incursion.

      --
      -- You see, there would be these conclusions that you could jump to
    2. Re:Eh ? by Anonymous Coward · · Score: 0

      So... you wouldn't undelete the account?

    3. Re:Eh ? by tpv · · Score: 1
      I know you're being funny, but I acutally agree.

      The article says that IBM billed $20,350 for their efforts. The appeals court decision refers to there being two IBM experts on that bill at $50/hr each.

      That's 5 weeks of full time work for each of them.
      If it takes IBM that long to work out where an intrusion came from and fix it, then they really need to invest in some better detection and logging systems.

      --
      Read more of this story at Slashdot.Read more of this story at Slashdot.Read more of this story at Slashdot.
  5. Go to jail already. by mikkom · · Score: 4, Insightful

    Isn't it quite obvious that he should go to jail for this?

    1. Re:Go to jail already. by Kymermosst · · Score: 1

      Isn't it quite obvious that he should go to jail for this?

      You're new here, aren't you?

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    2. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      No. No it isn't obvious in the least. That you think it is makes my skin crawl in disgust. There were thousands of factors you were unaware of when you judged him, yet you are absolutely sure of yourself. My mind boggles. My mind boggles and my skin crawls.

      --
      All rites reversed 2010
    3. Re:Go to jail already. by TheSkyIsPurple · · Score: 1, Offtopic

      Funny. His ID is lower than yours =-)

      Not by much... but still

    4. Re:Go to jail already. by Anonymous Coward · · Score: 0

      No, send the violent people to jail to protect us from them.

      For white collar crime a fine and a % wage garnishment for 10 years should be enough punishment

    5. Re:Go to jail already. by kjd · · Score: 1

      I dunno. He had an immature hissy fit and deleted some guy's account. It was stupid and wrong, but I don't know how jail-worthy that is, legal technicalities aside. He ought to pay a hefty fine and have to live with that large scorch mark in his files (good luck finding a new tech job with that on your record).

    6. Re:Go to jail already. by mikkom · · Score: 1

      Okay, what I really meant that he should be penalized for this, he clearly did know what he was doing. It really doesn't matter if the security company overbilled IBM or not, he absolutely did knew what he was doing and should carry the consequences.

    7. Re:Go to jail already. by TheWanderingHermit · · Score: 4, Insightful

      I will probably be modded to troll for saying this, since I've noticed that on Slashdot there are many people who are so busy being right they aren't secure enough to listen to a disagreeing opinion.

      There are a lot of people here who seem to feel that because they can figure out how to do something, they have the right to do it. "I can, therefore I should be allowed to," would sum it up. It's a group that feels that if you lose your job, you are justified in taking revenge, legal or illegal. While losing a job is a rough experience, it's part of life. Businesses change and let people go. If you're not a big enough person to accept it and move on, then maybe you weren't responsible enough to accept the job in the first palce.

      Yes, he should go to jail, but those that feel that they are, somehow because of their superior technical skills, some part of a "hacking elite" that should be able to break any laws they consider wrong (read: laws that are in their way, since, in their minds they are always right) and should be able to do so without consequence.

      It's a shame because such people really make it harder for the rest of us, both in discussions here and in life in general.

    8. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      ...good luck finding a new tech job with that on your record...

      I'd hire him. He's unlikely to make the same mistake twice, meaning I've got an employee who will be careful to stay out of trouble.

      --
      All rites reversed 2010
    9. Re:Go to jail already. by TheSkyIsPurple · · Score: 1

      Can you list some of those factors? Not that I disagree you, I'm just thrown by the "thousands" bit.

      He committed a crime (not a civil offense), and was convicted... I guess he could be fined or something in theory, but aren't the laws for trespass usually pretty weighted towards jail time?

    10. Re:Go to jail already. by Anonymous Coward · · Score: 0

      OK, explain how a UID of 714856 is lower than 33885?

      New math?

    11. Re:Go to jail already. by techno-vampire · · Score: 1
      ...aren't the laws for trespass usually pretty weighted towards jail time?

      No, although that's a common misconception. Trespass isn't a felony or even a misdemenor. It's an infraction, rather like a speeding ticket. If the trespasser does no damage and breaks no other laws in the process, the most the police will do (if they come out at all) is give them a ticket and ask them to leave.

      --
      Good, inexpensive web hosting
    12. Re:Go to jail already. by xtracto · · Score: 1

      Funny. His ID is lower than yours =-)
      WTF
      714956-33885

      Yea, just like -681071 units lower!

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    13. Re:Go to jail already. by techno-vampire · · Score: 1
      It was stupid and wrong, but I don't know how jail-worthy that is, legal technicalities aside.

      They can get him for vandalism, destruction of private property, malicious mischief and probably some other things I haven't thought of if they want to badly enough. I don't know if they will, and I'm not sure they should, but the possibility's there.

      --
      Good, inexpensive web hosting
    14. Re:Go to jail already. by TheSkyIsPurple · · Score: 1

      Doh! I was looking at the wrong number. I need to get out and grab some food or something... brain... not... working

    15. Re:Go to jail already. by Anonymous Coward · · Score: 0

      I will probably be modded to troll for saying this,

      That's it, moderators, please proceed to mod him Troll.

      'Cause u know, he asked for it no?

    16. Re:Go to jail already. by GoofyBoy · · Score: 1

      >He's unlikely to make the same mistake twice,

      His mistake was that he got caught.

      >meaning I've got an employee who will be careful to stay out of trouble.

      No, he's seen what he needs to do to avoid getting caught again. And he know exactly what to do legally if he does (but, again, knows what works and what doesn't).

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    17. Re:Go to jail already. by barc0001 · · Score: 4, Insightful

      There were thousands of factors you were unaware of when you judged him, yet you are absolutely sure of yourself.

      Er, the court of LAW also judged him to be guilty of a crime, so therefore he faces the punishment for committing a crime. From TFA: But he kept an administrator-level SecureID card with him and used it to enter the network nine times.

      NINE times. That's not a quick leaving-day "fuck-you" to the Man, that's premeditated and deliberate.

      However, let's look at this in simple terms without specifics. Your account and account are tools you need to do your job if you work in IT, correct? If the story said "Fired mechanic broke into the shop and cut up $10,000 worth of his replacements' tools and equipment with an acetylene torch" you wouldn't be saying "boo" about it, even though this would probably be quicker to recover from (borrow other workers' tools in the shop until insurance replaces them a few days later) than a forensic audit on a system (shut it down and lock everyone out until you figure out how someone got in and what they did).

      Here's the take-away from this: He was fired. He broke things belonging to the company after he was fired. That is a crime. He goes to jail for doing it. End of story.

    18. Re:Go to jail already. by Ceriel+Nosforit · · Score: 0, Troll
      Yes, I can:

      Does his conviction exclude the possibility of him being innocent?
      Does punishment the fit the crime?
      Is there another explanation for why he did it?
      In what jail should he be thrown in to?
      How long should he be forced to stay there?
      How will throwing him in jail compensate the victim of his crime?
      What problem does jail-time solve?

      --
      All rites reversed 2010
    19. Re:Go to jail already. by Anonymous Coward · · Score: 0

      Yeah, because if he had actually destroyed $10,000 worth of computer equipment, that is one thing, but if all they needed to do was disable his account access and restore that guys account from the previous back up then at most they are out a couple of days salary. This is hardly $10,000 worth of damage. $500 worth of damage tops.

      All the other work to make sure nothing malicious is installed on a computer system by any insiders, well that is just normal sysadmin work that is done on a day to day basis, no need to charge extra for that.

      If they aren't doing daily backups, then that is their own damn fault. Boo Hoo, cry me a river.

    20. Re:Go to jail already. by Anonymous Coward · · Score: 0

      Yes, he should go to jail, but those that feel that they are, somehow because of their superior technical skills, some part of a "hacking elite" that should be able to break any laws they consider wrong (read: laws that are in their way, since, in their minds they are always right) and should be able to do so without consequence.

      Yup, might makes right (intellectual might or physical might) according to them. Therefore, I should be allowed to beat the ever livin' shit out of most Slashdot posters and not get into any trouble for it, according to their own logic. Most Slashdot posters are so hypocritical that it isn't even funny.

    21. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      If I'm dumb enough not to spot someone deliberately malicious at job interview, I don't stand in a very good position with or without him.

      --
      All rites reversed 2010
    22. Re:Go to jail already. by GrandWaz00 · · Score: 0, Flamebait

      In the discussion so far (20 comments @ 2 & above), I don't see any evidence that "a lot of people here" should be tarred with that brush.

      So, yes, if I had points, I'd mod you Troll.

    23. Re:Go to jail already. by lucm · · Score: 1

      What he did was not a mistake. What he did was a crime, and it reveals a personality flaw that won't be corrected by jail time.

      If a guy rapes a girl, then go to jail, would you let him marry your daughter? After all, he would carefully stay out of trouble.

      --
      lucm, indeed.
    24. Re:Go to jail already. by XMilkProject · · Score: 1

      Looks like you got a few small flames, but I want to say that I find your comment very insightful and mature. I must admit that I find myself in the mindset you describe periodically, and must catch myself.

      --
      Big ones, small ones, some as big as yer 'ead!
      Give 'em a twist, a flick o' the wrist...
    25. Re:Go to jail already. by GoofyBoy · · Score: 1

      >If I'm dumb enough not to spot someone deliberately malicious at job interview

      How do you spot this in a hour long formal interview which the other person knows you are looking for flaws?

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    26. Re:Go to jail already. by Ceriel+Nosforit · · Score: 2, Insightful

      That's not a quick leaving-day "fuck-you" to the Man, that's premeditated and deliberate.

      Ah, see, you don't know that. That's an assumption. You assume he's guilty of everyting you accuse him of because he probably is guilty of some of it. You can only punish him for what you can prove he did, and you can never prove his intention even if he announces what his intentions were. Similarly there are a lot of other things you cannot prove. Thousands of them.

      A court of law makes educated guesses. They are not sure about anything. Therefore nothing about this case is "obvious". That someone thinks it is obvious indicates a prejudice inconsiderate of the possibility of undue suffering of their fellow man.
      Had the grandparent said "He should probably be thrown in jail", then I would not have argued. However, saying that is inconsequential and qould likely get modded 'Redunadnt'. Saying that he should obviously be thrown in jail sounds something akin to the exaggerated mode of speak some people resort to in casual conversations. Since people have an annoying tendency to go "yeah" to anything anyone in their surrounding says, there's the potential that a lot of people arbitrarily decide that 'this should be done' and form a mob. A contigency, of course, but it has happened before. Humans are not rational beings, but pack animals. By merely saying that no, it isn't obvious, I automatically provoke a retort by disagreeing. I can skip this by saying it's because "A thousand factors". Now someone either uses his wit and thinks for himself or is provoked to attack that statement. A statement which I have already enforced in my last reply in this thread.

      --
      All rites reversed 2010
    27. Re:Go to jail already. by ThomS · · Score: 0

      I'll probably be modded troll for this (because I'm oh such a misunderstood genius adrift in the sea of fascism that is the slashdot moderation system) but is it just me or is anyone else sick of reading posts starting "I'll probably be modded troll for this"

    28. Re:Go to jail already. by Stuttererer · · Score: 1

      None of those factors seem relevant at all.

      Does his conviction exclude the possibility of him being innocent?
      I believe he admitted his guilt. Even if he didn't, we are concerned with his guilt or innoncence relative to our justice system. The case was tried and a verdict returned. He's guilty.

      Does punishment the fit the crime?
      That's a matter of opinion. I think it does.

      Is there another explanation for why he did it?
      Not relevant.

      In what jail should he be thrown in to?
      It depends on what's available. I assume he will not go to a maximum security prison and so he won't be thrown in with murderers.

      How long should he be forced to stay there?
      For the length of his sentence or until existing rules and guidelines that apply to all similar criminals reduce it to something less.

      How will throwing him in jail compensate the victim of his crime?
      Not relevant. This was a criminal case, not a civil case.

      What problem does jail-time solve?
      Not relevant. In my opionion, however, it acts as a deterrent to other people who might consider doing something similar.

    29. Re:Go to jail already. by TheSkyIsPurple · · Score: 1

      Interesting. My experience with this is through my brother... though, he does have a way of pushing people's buttons. Thank you for the info

    30. Re:Go to jail already. by Kymermosst · · Score: 4, Funny
      Funny. His ID is lower than yours =-)

      Not by much... but still


      His ID: 714956
      My ID: 33885

      And they say the public education system is failing us.

      As an aside, I was here when slashdot started registration. I stayed an AC for a while on some stupid principle. And then I decided I really wanted good karma. Looking back, I should have registered immediately... I could have sold it on eBay.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    31. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      Well, first off I ditch formality...

      Then I question his motives. Why he wants this job. Why we should hire him. Then I move on to casual conversation. Simply getting to know him. Eventually I try to get him engaged in a subject he's passionate about. Maybe politics. If I find him to lack ethics or morals, he doesn't get the job. Amongst the applicants I should be able to find at least one trustworthy fellow.

      --
      All rites reversed 2010
    32. Re:Go to jail already. by TheSkyIsPurple · · Score: 1

      I'll probably be modded redundant for this (because I'm oh such a misunderstood genius adrift in the sea of fascism that is the slashdot moderation system) but is it just me or is anyone else sick of reading posts starting "I'll probably be modded troll for this"

    33. Re:Go to jail already. by Anonymous Coward · · Score: 0

      That's up to her, isn't it?

    34. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      I believe he admitted his guilt. Even if he didn't, we are concerned with his guilt or innoncence relative to our justice system. The case was tried and a verdict returned. He's guilty.
      Assumption. You say he 'is' guilty when all we've done is to find him guilty relative to the law.

      That's a matter of opinion. I think it does.
      So punishing someone arbitrarily is OK with you?

      Not relevant.
      If he's covering up for someone else, it's not relevant?

      It depends on what's available. I assume he will not go to a maximum security prison and so he won't be thrown in with murderers.
      You're digressing from the mode of conversation. This was a question which had not been aswered at the time judgement was passed, so it's a bit late now.

      For the length of his sentence or until existing rules and guidelines that apply to all similar criminals reduce it to something less.
      And how long is that?

      Not relevant. This was a criminal case, not a civil case.
      Not relevant. Justice is justice.

      Not relevant. In my opionion, however, it acts as a deterrent to other people who might consider doing something similar.
      Will shooting children save the world from over-population? - Not relevant.
      You cannot take measure without knowing what consequence that measure has.

      Again, mind boggling, skin crawling.

      --
      All rites reversed 2010
    35. Re:Go to jail already. by Kymermosst · · Score: 1

      Yeah, because if he had actually destroyed $10,000 worth of computer equipment, that is one thing, but if all they needed to do was disable his account access and restore that guys account from the previous back up then at most they are out a couple of days salary.

      Something tells me you wouldn't feel the same if it was your business.

      This is hardly $10,000 worth of damage. $500 worth of damage tops.

      What if it was a system that falls under SOx? What if it handles credit cards and therefore is subject to PCI audits?

      It's a lot more work to document that you have performed a *complete* inspection of the system and every system it's attached to in order to assure the auditors that there's nothing compromised. I think you don't have a clue about the true cost of things like this.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    36. Re:Go to jail already. by GoofyBoy · · Score: 1

      >first off I ditch formality...

      Which would put me on my highest guard.

      >Why he wants this job. Why we should hire him. Then I move on to casual conversation. Simply getting to know him.

      Have you done any sort of interviewing? Any basic interviewing book will tell you what to say on these topics. You will be hearing the same 3-5 basic answers and still know nothing about the candidate.

      >Eventually I try to get him engaged in a subject he's passionate about. Maybe politics.

      You don't live in a country where they have tight non-discriminary hiring laws do you?

      With your style, you either hire people who fall for silly interviewing jedi-mind tricks like yours or you will hire people that are really really good at reading and lying to people.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    37. Re:Go to jail already. by Maxwell · · Score: 0, Offtopic

      I am only posting to see my number. Heh.

      JON

    38. Re:Go to jail already. by NonSequor · · Score: 1

      Well he's getting 3 months (probably in a minimum security prison) followed by 3 months home confinement. Plus he owes $25000 for a fine and restitution. I'd say that seems reasonable.

      He can use his 6 months off to figure out what he's going to do when he gets out.

      --
      My only political goal is to see to it that no political party achieves its goals.
    39. Re:Go to jail already. by Anonymous Coward · · Score: 0

      I'll probably be modded funny for this (because I'm oh such a misunderstood genius adrift in the sea of fascism that is the slashdot moderation system) but is it just me or is anyone else sick of reading posts starting "I'll probably be modded redundant for this"

    40. Re:Go to jail already. by Stuttererer · · Score: 1

      Assumption. You say he 'is' guilty when all we've done is to find him guilty relative to the law.
      The matter in question is a case "relative to the law." It's all I am concerned with, and all that it is possible to be concerned with. I don't wish to append "relative to the law" to every statement here, but you can feel free to do so.

      So punishing someone arbitrarily is OK with you?
      It's not arbitrary. He lives in a society with laws. He was accused of breaking one, tried in a court of law, and found guilty. He is now subject to the penalty for the offense.

      If he's covering up for someone else, it's not relevant?
      Not in the slightest. If he's covering up for someone, his decision to do so put him in this situation. If he is covering up for someone, he probably has evidence to that effect, and he can introduce that evidence in an appeal.

      You're digressing from the mode of conversation. This was a question which had not been aswered at the time judgement was passed, so it's a bit late now.
      In our justice system, there are sentencing guidelines and precedents that are known at the time judgement is passed, but the exact sentence and prison (if applicable) is not known until after judgement is passed. It's a good system.

      And how long is that?
      The people who act in the system, including the defendant's lawyer, know the sentence and they know what portion of the sentence he will probably serve. That's how the system works. If he had a longer sentence, he could affect the outcome by his behavior in prison. In this case, because the sentence is short, that might be unlikely.

      Not relevant. Justice is justice.
      Our society has chosen a justice system and that is the definition in use. The goal of that system is not to achieve some nirvana of absolute justice. It's impractical. Just for starters, the people in our society--or any other--could never agree on an absolutist "justice is justice" method and so we have chosen a practical solution.

      Will shooting children save the world from over-population? - Not relevant. You cannot take measure without knowing what consequence that measure has.
      No one in this discussion has proposed shooting children as a cure for over-population, and your reply is so far off the "factors" discussion that I am not going to bother replying to this specific point.

      If your goal is to practice arguing, I'll leave the discussion now. If you want to seriously debate whether the justice system worked in this particular case--including the definition of "worked"--I might continue on.

    41. Re:Go to jail already. by dogbowl · · Score: 0, Offtopic

      me too

      --

      These pretzels are making me thirsty.
    42. Re:Go to jail already. by d474 · · Score: 0, Offtopic

      $20k dollars VS. $200 billion

      Point being...everyone here thinks this $20,000 dollar criminal should go to jail.
      But President Bush, the nitwit that led our nation to war under false pretenses costing $200 billion is chillin' in the White House, figuring out a way to lead us into another costly bullshit war with Iran.

      Wow. Interesting how the hyenas attack the weak in large numbers, but scurry away with their tails between their legs when the Alpha male exerts his misguided authority.

      --
      Authority questions you. Return the favor.
    43. Re:Go to jail already. by James_Aguilar · · Score: 1

      Just dropping by . . . I'm really impressed by how well you argued this, and also how you managed to maintain cool in the face of some pretty ridiculous "What is justice anyway . . . maaaan?" kinds of comments.

    44. Re:Go to jail already. by Ceriel+Nosforit · · Score: 1

      If your goal is to practice arguing, I'll leave the discussion now. If you want to seriously debate whether the justice system worked in this particular case--including the definition of "worked"--I might continue on.

      I never did nor do I now wish to debate if the justice system worked in this particular case. And I did not do so. If you believe I did, you are mistaken.
      The whole point of what I've written here is to say, what I said in my first post, that no, it is not obvious (especially so to the people asked; slashdotters) that this man should be "thrown in jail". We are not omniscient. We are merely domesticated animals.

      Now finally, I leave you by pointing out that law and justice are two seperate things. Ethics and moral. Jus and Fas.

      --
      All rites reversed 2010
    45. Re:Go to jail already. by thesandtiger · · Score: 4, Funny

      I will probably be modded to troll for saying this,

      I will probably be modded off-topic for saying this, but I've noticed that if one starts a comment saying "I'll probably get dinged on karma for this, but darn it, it needs to be said!" they will tend to be modified as insightful or interesting or informative, even when they are just stating the obvious.

      I'm not saying that your post wasn't insightful/informative/interesting, just that because you began by saying you'll be modded a troll you boosted the probability of a +5 rating substantially.

      Watch -

      I'll probably be modded off-topic for this, but darn it, it needs to be said: Ice is cold. Not as cold as dry ice, but still - cold enough that it's darned uncomfortable to have to have it on your skin.

      [sits back, lets the karma roll in and out - like the tides]

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    46. Re:Go to jail already. by Stuttererer · · Score: 1

      I didn't mean to imply that your desire was to debate whether the justice system worked or not. I was stating my preference, primarily to avoid a pointless argument about child killers.

      Back to your original point summarized in the latest reply, I am one of the people who think the convicted felon in this case should be thrown in jail. It's obvious to me, but clearly it is not obvious to you. That leads me to wonder whether you think punishment for any conviction is ever warranted, or indeed, whether it's fair to even have trials?

      I can agree that law and absolute justice are two separate concepts. I am thrilled to live in America and reap the benefits of our justice system. I am not naive and I don't think it's perfect or even close to perfect. On the other hand, I think the primary goal of the justice system is to maintain order in the society, and our system appears to do that very well.

    47. Re:Go to jail already. by Anonymous Coward · · Score: 0

      I agree entirely. This idea is, essentially, the strong have rights over the weak. We all know that just because you are able to beat someone up and use physical force to make them do what you want, doesn't mean you have the right to do so. The exact same applies here: just because you are capable of getting into a system and wrecking it, doesn't mean you have the right (nor should have the right).

    48. Re:Go to jail already. by geobeck · · Score: 2, Insightful
      Er, the court of LAW also judged him to be guilty of a crime, so therefore he faces the punishment for committing a crime. From TFA: But he kept an administrator-level SecureID card with him and used it to enter the network nine times.

      NINE times. That's not a quick leaving-day "fuck-you" to the Man, that's premeditated and deliberate.

      No, that's an incompetent company not disabling a SecureID card when they dismiss an employee. I know the location and status of every SecureID card I'm responsible for. If we terminate someone, the card is inactive before he even knows he's fired.

      --
      Find environmentally and socially responsible products on http://buy-right.net
    49. Re:Go to jail already. by Anonymous Coward · · Score: 1, Insightful

      Why should he go to jail? He didn't delete important files and then burn all of the backups which resulted in real loss. He deleted one account. Restore the account and you're done. Why are computer crimes trumped up to be worse than crimes that are committed in the flesh? If someone breaks into a store and steals a few hundred dollars of inventory, does the cost to install a new security system, gates, personel, and time spent by the police to write up the reports get added to the reported damages? No. He gets charged with stealing a few hundred dollars of items and the cost to repair the broken window.

    50. Re:Go to jail already. by HotmanParisHiltonKam · · Score: 1

      A court of law makes educated guesses. They are not sure about anything. Therefore nothing about this case is "obvious". That someone thinks it is obvious indicates a prejudice inconsiderate of the possibility of undue suffering of their fellow man.

      Does the term "beyond reasonable doubt" ring a bell?

    51. Re:Go to jail already. by techno-vampire · · Score: 1
      Assumption. You say he 'is' guilty when all we've done is to find him guilty relative to the law.

      What other way is there to measure guilt? Guilt is not an absolute. As an example, a number of the Watergate crowd were found guilty of Conspiricy. In a number of European nations, they'd not have been guilty of anything, because those countries have no laws against conspiricy.

      --
      Good, inexpensive web hosting
    52. Re:Go to jail already. by techno-vampire · · Score: 1
      You assume he's guilty of everyting you accuse him of because he probably is guilty of some of it.

      No, Parent Poster isn't assuming anything of the kind. The post was listing things the perp had either admitted, or had been found guilty of in a court of law. Your "Insightful" comments are just quibbling.

      --
      Good, inexpensive web hosting
    53. Re:Go to jail already. by TheWanderingHermit · · Score: 1

      1) He broke into the system, which is a computer owned by the company. While it is electronic, that is tantamount to breaking in to a location.

      2) His defense was NOT "I didn't do it," but, "It wasn't enough damage to meet the criteria of the law.

      3) The IBM people presented not just bills, but proof of the time worked and what it took to deal with the situation.

      4) He broke into the system 9 times. The company has no idea if he stole proprietary data or not, but this puts the company at high risk.

      5) He deleted an account, which you don't see an issue with. Deleting an account often involves deleting the home directory, where the account holder would be expected to store documents related to the job.

      6) Aside from dealing with a deleted account, the IBM people, in order to deal with it, would have to deal with finding the extent of the damage, tracking his actions when he logged in each of 9 times, finding out if only one account was effected, as well as seeing if it was possible to undelete (or restore from backups) any lost data.

      It's not that computer crimes are worse than others, but just as bad. I suggest you flip the case around. Suppose it were your company that you worked hard to build, and you found out that someone had broken in and deleted someone's account. Right away, you have to start making changes. You immediately have to find out if any viruses, worms, or timebombs have been left. You need to know if any confidential information has been leaked. From the moment you find out your computer has been violated, you cannot count on using it in business until someone has told you that there is no sleeping command waiting to do an "rm -Rf /*" when triggered.

      If someone breaks into a store, the window has to be repaired, and IS counted as a loss as much as the merchandise. However, usually a physical break in does not mean an entire new security system be put in place.

      There is right and there is wrong. Breaking into another person's place of business, whether physically or electronically, hurts the business and is wrong. Equivocating and trying to twist words around to make it seem either right or acceptable are merely a way of not accepting or dealing with the fact that breaking into and vandalizing or stealing from others is wrong.

    54. Re:Go to jail already. by Kjella · · Score: 1

      "That's not a quick leaving-day "fuck-you" to the Man, that's premeditated and deliberate."

      Ah, see, you don't know that. That's an assumption. You assume he's guilty of everyting you accuse him of because he probably is guilty of some of it. You can only punish him for what you can prove he did, and you can never prove his intention even if he announces what his intentions were. Similarly there are a lot of other things you cannot prove. Thousands of them.


      No, that he accessed the network nine times is a finding of fact made in court. I consider that to be evidence beyond a reasonable doubt that it was not spontaneous nor accidental. Absolute truth can't be found in court, and I find it silly to hold us to a higher standard than that. If it had been speculation in an ongoing investigation, your comment might have been appropriate. In this case, the facts found by the court speak for themselves.

      --
      Live today, because you never know what tomorrow brings
    55. Re:Go to jail already. by Headius · · Score: 1

      Young punks.

    56. Re:Go to jail already. by Anonymous Coward · · Score: 0

      Exactly... Someone mod this guy up - it's just due dilligence to change the locks...

    57. Re:Go to jail already. by Kyle · · Score: 1

      Aren't they just?

      --
      The previous comments are only true, if no-one says they're wrong.
  6. Compare like terms, please by Anonymous Coward · · Score: 1, Informative

    Charging $20K != Performing $20K of value-add

    1. Re:Compare like terms, please by level_headed_midwest · · Score: 1

      Hey, the government gets to do that with government employees and the GDP, why can't IBM say pretty much the same thing?

      --
      Just "gittin-r-done," day after day.
  7. Two lessons in there by ThatGeek · · Score: 5, Insightful

    What most people will get out of it: people shouldn't break into computer systems and delete stuff

    What I get out of it: don't outsource IT to a firm that doesn't lock out former employees

    --
    What are you eating? isItVeg?.
    1. Re:Two lessons in there by TallMatthew · · Score: 1
      What I get out of it: don't outsource IT to a firm that doesn't lock out former employees

      Especially a disgruntled former admin in charge of security who you just put on the unemployment line. However, this guy had pocketed an admin account SecurID card so you can't fault them entirely.

      There are seemingly few companies out there who have termination procedures as thorough as new hire procedures. There are even fewer who can lock out someone who had root. Moral of the story ... if you're going to dump your IT staff and outsource, you'd better provide some compensation to your departed admin(s).

    2. Re:Two lessons in there by Fulcrum+of+Evil · · Score: 1

      There are even fewer who can lock out someone who had root.

      That's really sad - even I can do something like that, and I don't do security for a living. The main thing to do is use layers - nobody gets access to all the systems required for remote access and everybody needs to get through at least one user-level authentication before they can flex their root priveleges.

      As an example, run remote access through a VPN that requires a user-level authentication. The interesting stuff sits on some other servers, protected by the same user accounts, plus rules on who can sudo and who can't. The people who run the authentication infrastructure don't have access to these boxes, and the people who have access to the boxes can't see the authentication stuff. You end up with three groups of people running your systems, the network, the sysadmin, and the application stuff that runs on the app servers. Since the sysadmins have access to root on the app servers, they generally have only user-level access to the auth boxes (one person may have root, but only one, with the password stored in a safe offsite or controlled by a securid). This means that, in order to compromise the app servers, you must compromise 2 of these groups. This doesn't address trojans or backdoors, but it's a good place to start.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Two lessons in there by CharlieHedlin · · Score: 1

      I a small enough company this won't always work. Most of us in the security field are honest, but I could have left backdoors on any systems I have worked with in the past. I value my reputation and have a strong sense of morals to prevent me from doing this.

      Worse than the jail time, this guy just about gauranteed he won't be hired anywhere local again. I am never more than 2 people removed from knowing someone at a tech company before I end up there.

  8. Oh Please... by GodLived · · Score: 5, Interesting

    If you're going to let someone go who holds high computer or network credentials, please make sure you disable or terminate their access IMMEDIATELY PRIOR to informing them of your decision. Failure to do so makes the outsourcee become an insider threat.

    The best security policy - although it seems cruel - is to escort someone out of the building immediately after receiving their resignation, or informing them that they are being terminated - and simultaneously disable their tokens, badges, RFID devices, company credit cards, voicemail accounts.

    1. Re:Oh Please... by RobertLTux · · Score: 1

      second best policy would be to have them serve out a 2 week notice but during that time
      they sit beside the person replacing them and help with the transition (note the new person is the one doing the actual work)
      (me on the VM thing i would reroute the box to the new person or have some sort of autoforward setup

      ie you enter Mr Andersons box and the software tells you "The box you have selected has been disabled please standby while you are redirected to the current person"

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    2. Re:Oh Please... by techno-vampire · · Score: 5, Interesting
      The best security policy - although it seems cruel - is to escort someone out of the building immediately after receiving their resignation, or informing them that they are being terminated - and simultaneously disable their tokens, badges, RFID devices, company credit cards, voicemail accounts.

      Although I've never liked losing a job, I'd rather have that done than be allowed to wander out on my own. This way I have a witness that can testify that any damage done after I was terminated isn't my fault.

      Last time I was let go, I told my manager that I was logged in and asked him to come over to my desk and log me out because I didn't even want to touch that computer again. He told me that he trusted me not to do anything foolish, but I still had him watch me log out, just to be safe.

      --
      Good, inexpensive web hosting
    3. Re:Oh Please... by nettdata · · Score: 1

      That's for sure! When we let someone go, there's no "2 weeks" or anything... they come and see me when "my email stopped working".

      "Yeah, about that... here's your severence cheque, a box for your stuff, and this guy will watch you pack up your shit and then escort you from the building."

      Just had to do this about 2 weeks ago with a programmer.

      --



      $0.02 (CDN)
    4. Re:Oh Please... by Just+Some+Guy · · Score: 1
      immediately after receiving their resignation

      Oops! You added that one by mistake. See, if they had any desire to harm you, then they would have done so before they gave their notice. They knew they were leaving on a certain date, even if you didn't, and had plenty of time to plan for it.

      Fire a guy? Sure, escort him out. If he's voluntarily leaving, though, the whole exercise is pointless.

      --
      Dewey, what part of this looks like authorities should be involved?
    5. Re:Oh Please... by Cyberax · · Score: 1

      Well, this is a good reason to install a 'dead man switch' - a special script which will destroy everything it can reach if you don't perform some 'keep-alive' action during a month.

    6. Re:Oh Please... by masdog · · Score: 1

      That also depends on the reason why someone is leaving. If they leave because they got a better job or are working for a competitor, then yes, I would escort them out of the building right away and just pay them for two weeks while they sit at home.

      If they resign for personal reasons, such as marriage, pregnancy, death very close to them in the family, or because they are relocating, then there is no reason to not let them serve out their resignation.

    7. Re:Oh Please... by Lehk228 · · Score: 1

      even better, set up your path variable so that your user account home directory is searched before some other permenant system directory, have a script in your home directory responsable for something fairly frequent but not constant, maybe a weekly tape backup procedure. have the identically named script in the system directory be broken, either just a subtle flaw or a catistrophic nuke. that way if they delete your account the whole thing goes boom, and it's not even your fault they broke the system when they deleted your account.

      --
      Snowden and Manning are heroes.
    8. Re:Oh Please... by masdog · · Score: 1

      So you hold their systems hostage and have them self-destruct if you're terminated? How is that not your fault??

    9. Re:Oh Please... by TheSpoom · · Score: 1

      That's too evil and I would never do that to an employee. Forcing them to train their replacement? I'd be worried about a violent outburst, let alone a security breach.

      I'd rather pay them the two weeks in off time in order to be sure that the system was safe.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    10. Re:Oh Please... by Lehk228 · · Score: 1

      i wouldn't endorse actually doing sucha thing, but it is more subtle and harder to prove it was malicious than a dead mans switch or something actively checking for the existance of that account.


      if you are going to be destructive at least do it in an elegant and clever way.

      --
      Snowden and Manning are heroes.
    11. Re:Oh Please... by mixmasterjake · · Score: 2, Insightful

      That works if the employee is resigning of his/her own choice.

      If they've been fired, why the hell would you want them training anyone anyway?

      --
      TODO: come up with a clever sig
    12. Re:Oh Please... by CthulhuDreamer · · Score: 1

      "if you are going to be destructive at least do it in an elegant and clever way"

      Undocumented procedures can be very subtle, and every bit as damaging. New Year's Eve is a hell of time to figure out there's no instructions on how to run the annual tax reports. A missing step in the disaster recovery manual on how to rebuild the server can cause some very serious problems months or years later, as can neglecting to tell them that the auto-expire setting on the database also expires the admin accounts...

    13. Re:Oh Please... by Anonymous Coward · · Score: 0

      I've found it is much easier to simply not document anything. If they want to fire me then fine, figure out the system on your own. You can download all the software documentation from the vendors' websites and all the CDs are available in my desk drawer if you need to reinstall it. Don't expect me to hand hold you through training my replacement either. I train one trusted backup person (a PFY if you will) on how to run various things, but no PFY knows how to operate everything so he is not a threat to me. This may seem petty, but in our current budgetary environment this is the only way to operate and maintain a job. If they can find someone cheaper to replace you they will.

    14. Re:Oh Please... by Fulcrum+of+Evil · · Score: 1

      Well, this is a good reason to install a 'dead man switch' - a special script which will destroy everything it can reach if you don't perform some 'keep-alive' action during a month.

      This is part of the reason that, in some industries, it's standard practice to be told when you can take vacation, and the procedure is very much like being fired - your email stops working, your accounts are deactivated, and your boss tells you to take two or three weeks off. I believe that they generally pay well enough to offset the suddenness of your vacation plans.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    15. Re:Oh Please... by RobertLTux · · Score: 1

      umm the two weeks thing is only if they decide to leave not you decide to remove them In the case of a firing you know they have done something wrong in the case of a resigning they could do something wrong (and this keeps them in handy if the wheels fall off)

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    16. Re:Oh Please... by RobertLTux · · Score: 1

      the whole train your replacement is mostly an excuse to
      1 "handshake in" the new person to your clients
      2 keep them handy in case something happens
      3 its the right thing to do (want to see somebody quit the same day they are hired? Treat them like toilet paper and they will

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    17. Re:Oh Please... by krunk4ever · · Score: 1

      I clearly remember a slashdot article a month or two back where someone who gave his employer 2 weeks notice that he was leaving the job and his network access was immediately revoekd, though he still got paid. These are the situations why such company policies are enforced. It's not that they don't trust you or anything. It's because they'd rather lose 2 weeks of pay to you than to have damage done. Fortunately, all this person did was delete an account. Imagine what he could've done with the network priviledges he had.

      You can complain all you want and even try to get back at the employer for not trusting you. But I believe such company policies should be enforced for damagae prevention.

    18. Re:Oh Please... by Anonymous Coward · · Score: 0

      "If you're going to let someone go who holds high computer or network credentials, please make sure you disable or terminate their access IMMEDIATELY PRIOR to informing them of your decision. Failure to do so makes the outsourcee become an insider threat."

      I agree. Everytime I get fired, by the time I return to my desk, after what seemingly appeared to be a request for an innocent chat with the boss, my computer's gone!

  9. Or here is a better idea by hsmith · · Score: 5, Insightful

    Instead of sending him to jail for a crime which no one was hurt, have him repay the money AND then you save room in jail for a VIOLENT OFFENDER.

    But I guess it makes more sense to let child molesters on the street and keep a dangerous hacker behind bars! What has this country come to.

    1. Re:Or here is a better idea by tomhudson · · Score: 5, Informative

      Okay, I know this is slashdot and most people didn't RTFA:

      A federal judge disagreed and handed down a relatively light sentence of three months of imprisonment, three months of home detention and three years of supervised release, plus a $5,000 fine and $20,350 in restitution.

      So he IS going to repay them $$$, lots of it. Not just jail time.

    2. Re:Or here is a better idea by stackdump · · Score: 1

      Oh, come on. This is not multiple choice. Do you really think that because this guy is in jail that a Child molester is free?? How about in more sensational: "...I guess it makes sense to eat babies and keep a dangerous hacker behind bars..." Gimme a break!

    3. Re:Or here is a better idea by ThaFooz · · Score: 4, Insightful

      Instead of sending him to jail for a crime which no one was hurt, have him repay the money AND then you save room in jail for a VIOLENT OFFENDER. But I guess it makes more sense to let child molesters on the street and keep a dangerous hacker behind bars! What has this country come to.

      So your argument is that white collar criminals aren't really criminals? I don't buy it.

    4. Re:Or here is a better idea by hsmith · · Score: 1

      no, that there are worse criminals that deserve jail time. sentence the guy to 2000 hours of community service. save jail for the BAD people.

    5. Re:Or here is a better idea by TheRaven64 · · Score: 4, Insightful
      I would argue that jail time does not work as a deterrent (there are studies that back this up, but I have not yet seen one that supported the contrary view). The only valid justification for a custodial sentence is that the individual's continued freedom will have a negative impact of the freedoms of others (i.e. violent offenders who are not capable of reform). Putting someone in a prison is expensive, and often has exactly the opposite effect - the convict is allowed to mix with other, often worse, criminals and learn from them.

      What, in your opinion, does society gain from imprisoning this person? Does it deter him from future crimes more than the $25k fine? I would imagine that, since he is unlikely to work in IT ever again, this fine will have a much greater effect on his future life. Does it make society safer? Would anyone have been placed in any danger (either physical or financial) by this person having been free for the three months of the sentence? Does the sentence deter others from committing the same crime? I would imagine that the prospect of never working again in their chosen field and having to spend a while with a good chunk of their disposable income going to pay a fine is a much greater deterrent for most people.

      --
      I am TheRaven on Soylent News
    6. Re:Or here is a better idea by Peyna · · Score: 4, Interesting

      We send white collar criminals to jail because while jail probably isn't much of a deterrent for your average bank robber, rapist or murderer (but might be what *those* type of criminals deserve), serving jail time can be VERY frightening for white collar criminals.

      So, if we send a few of them to jail, they'll either have to try harder not to get caught, or not do it. Unlike murder, most white collar crimes are not the type that you commit without any regard to the possible punishment. (In other words, most murderers probably readily accept their possible punishment of life in prison or death and go through with their actions knowing if they're caught it's over. If white collar criminals were not threatened with jail time, then there is very little of a deterrent, since most of them probably can afford to pay any fine we might charge, and if not, losing all your money and everything you own isn't as bad as going to jail if you're smart enough to get another good paying job later.)

      --
      What?
    7. Re:Or here is a better idea by tealover · · Score: 1

      The people that wrote the penal code seemed to believe this crime was worthy of jail time, so did the prosecutors and judge. Unless the governor pardons him, you have all branches of government on the same page.

      You don't like it, too bad.

      --
      -- You see, there would be these conclusions that you could jump to
    8. Re:Or here is a better idea by 91degrees · · Score: 1

      It's a difference of opinion of the purpose of prison. The most liberal reason is simply as a preventative measure. These people are a danger to society, so we keep them away. Other people see prison as a means of deterrence, or retribution (or occasionally reform but this seems to be a rare opinion). There are other means of deterrence, and retribution that are more beneficial for society

    9. Re:Or here is a better idea by Anonymous Coward · · Score: 0
      ... jail time can be VERY frightening for white collar criminals...

      More so for skinny white white collar criminals.

    10. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      with tight bungholes. ;-)

    11. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      Instead of sending him to jail for a crime which no one was hurt

      So having money taken from you doesn't hurt, even in a metaphorical kind of way?

      May I see your wallet?

    12. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      Rape is not funny, asshole.

      Fuck you.

    13. Re:Or here is a better idea by sjames · · Score: 1

      AND then you save room in jail for a VIOLENT OFFENDER.

      The 3 months was probably already served waiting for a court date.

      However, if not, I agree. In this case, the monetary penelty should do it.

    14. Re:Or here is a better idea by petermgreen · · Score: 1

      i'd imgine the main (and also unfortunately the hardest to mesure) thing society gains from imprisoning people is a deterrant to others who were thinging of doing the same.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    15. Re:Or here is a better idea by Reality+Master+101 · · Score: 1
      What, in your opinion, does society gain from imprisoning this person? Does it deter him from future crimes more than the $25k fine?

      Dude, think this through. If all you had to do was pay a fine when you break the law, then breaking the law just becomes a cost-benefit analysis. If you're rich enough, it's not even a consideration (which is somewhat the case now, in certain circumstances).

      Jail time is MUCH worse to a white collar person than paying mere money.

      --
      Sometimes it's best to just let stupid people be stupid.
    16. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      ...which will not be so thight after three months in federal POUND ME IN THE ASS prison.

    17. Re:Or here is a better idea by Anonymous Coward · · Score: 0
      It's not just the criminal. We're talking about it here. Now there are certain anti-social disorders where people will see this, they will know that doing something like that is a crime that can result in prison time and they'll still do it. For you average IT worker though, I suspect that things like this will further reinforce some professional conduct. I'm actually more surpised that people aren't bitching about the cost of IBM's consulting, prison is the result due to the cost of the damage, if they got some Elbanians to fix it the guy would have only done $45 in damage.


      As someone who has tried to be fairly professional, do a good job and ultimately not take it all too seriously I applaud this. I'm sick of cleaning up after other people. Back in the day part of the "hacker culture" was to do a good job in part for the next guy and hope that the next time you took something over the guy before did a good job and crossed the t's and dotted the i's, did good documentation, etc.. It's a code of conduct, if we all do "good work" then we generally spend a minimal amount of time "cleaning up after each other." Doing something like that is just petty and blatent valdalism and disrespect, it's not going to hurt his boss or the company, it's just going to make some shitty work for some other hacker grunt to clean up after. It's nice stepping in to a project and seeing that the people who worked on it before cared about it and did good work; it's a nightmare stepping in to find it's just a complete clusterfuck.

    18. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      False... the blacklist that your name goes on after commiting a crime, which means (like the grandparent said), that you'll never work in this field again, must less any security related field, or law enforcement, or a myriad of other jobs that won't accept people with a criminal record. Going to jail is temporary, but havinga criminal record fucks you for life. It doesn't matter if we "taught him a lesson" the point is that his life is completly fucked up. With a white collar worker such this, once he's convicted of any crime anything else done to him is small potatoes, and to be honest only makes him a more bitter person, and less useful to society. The only advantage of giving a harsh penalty is to scare the crap out of other people who are to stupid to realize that the conviction is the worst penalty of all.

    19. Re:Or here is a better idea by Reality+Master+101 · · Score: 1

      You're not looking at the big picture. The problem isn't the people for whom getting convicted is punishment enough, the problem is the people who don't give a crap how many crimes they're convicted of, as long as all they have to do is pay enough money. The point is that they make more money by breaking the law (and paying the fine along with it) than they do by playing by the rules. Is that the world you want?

      --
      Sometimes it's best to just let stupid people be stupid.
    20. Re:Or here is a better idea by mcvos · · Score: 1

      We send white collar criminals to jail because while jail probably isn't much of a deterrent for your average bank robber, rapist or murderer (but might be what *those* type of criminals deserve), serving jail time can be VERY frightening for white collar criminals.

      Sounds like the real punishment for white collar criminals is being forced to spend time with blue collar criminals.

    21. Re:Or here is a better idea by Pendersempai · · Score: 1
      "I would argue that jail time does not work as a deterrent (there are studies that back this up, but I have not yet seen one that supported the contrary view)."

      This sounds highly suspect to me. Care to actually cite a few of these studies?

    22. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      Jail is for violent offenders? I always thought it was to lock up consenting adults for victimless crimes. ...we are winning the war on drugs right? RIGHT??? OMG

    23. Re:Or here is a better idea by Kuscheltier · · Score: 1

      Its kinda funny. Sometimes i get this strange feeling that US citizens like seeing other people being harmed.
      Or is there any other reason why so many people express their approval of this form of punishment? There are nations where this guys simply would have to pay for the damages dealt, which would definitely not include some arbitrary "IBM-Bonus".
      And the latter is IMHO far more civilized.

    24. Re:Or here is a better idea by Anonymous Coward · · Score: 0
      The people that wrote the penal code seemed to believe this crime was worthy of jail time, so did the prosecutors and judge. Unless the governor pardons him, you have all branches of government on the same page.

      You don't like it, too bad.
      What a stupid thing to say! The people that wrote the DMCA and the Patriot Act seemed to think the these stupid laws are also fair and just. You don't like these either, too bad!
    25. Re:Or here is a better idea by lysse · · Score: 1

      I absolutely agree with you that jail is a very effective university of criminal techniques, but perhaps we should be grateful that by its very nature it's not going to be a terribly good place to learn how to evade detection?

    26. Re:Or here is a better idea by Nazadus · · Score: 2, Informative

      The problem with jail time is it fucks you up too much financially.
      Seriously, without _allot_ of help you can't get caught up in life and thusly will find yourself back in jail. Imagine this, after 6 months of getting out of jail, you can't really afford your own place, your wife left you, you can't afford a car, and finding food is starting to get difficult on the $5.15 / buger flipping job..
      CC companies won't let you get a credit card becuase of you high debt (you lost your job when you went to jail and thusly couldn't pay your bills)...
      After all this, jail probably looks allot nicer than the real world.
      Thusly without serious help (like family) you can't get out of the whole.
      On top of that, as soon as you can support yourself, all the help you do get from the government (they do help with _some_ stuff) gets yanked out from under you. So you go from making $5.15 / hour (plus a portion o fyour rent paid from govt and medical benefits, I think)to $8.00 / hour no benefits. So that $8.00 means squat if you can't afford that shitty house your in _and_ your past bills...

      It's a fucked up situation. We don't give them a chance to survive and break out of the cycle. Yes, I know, they are criminals and deserve pain.. but when they serve their time, they are supposed to be fixed... right? If not, why the fuck are they out?

      On the flip side, those found guilty need to have 1 year in jail, then put a bullet to the head. They should be given reasonable (1 year) time to appeal and find evidence that they didn't commit the crime (allot of people on death row, post death, have been found innocent after evidence shows otherwise).

      back on topic, 20k is too much. Their should be some kind of reasonable limit to that. Afterall, what if IBM charge $1,000 / hour and out of spite that company accepted knowing the guy would ahve to pay him back legally? Why not make it infinity / hour?

      Our legal system ladies and gentlemen. /two bits

      --
      "Do or do not. There is no try." -- Master Yoda (Half man, half muppet)
    27. Re:Or here is a better idea by Anonymous Coward · · Score: 0
      So your argument is that white collar criminals aren't really criminals?

      You know you're making a hell of a straw man when you firstly quote someone's argument, then go on to totally ignore it and say "So your argument is [nothing to do with the passage you just quoted]"...

      (Posted anon as I've already modded another area of the comments)

    28. Re:Or here is a better idea by Lumpy · · Score: 1

      I wholeheartedly agree. Imprisonment is only useful for criminals that are dangerous to others.

      Everything else should have public humiliation.... I.E. Stockades and allow the Press 100% free reign during the sentence time period. This guy should have recieved 5 days in the stockades in front of city hall. 5 days and 4 nights of perpetual stockade presence allowing the public to spit on him, throw food at his face and body and lightly strike him (nothing that will cause the skin to break or internal damage, but kicking his ass hard will do nicely.) will do more to deter crime than any prison sentence.

      Yet America and the world in general wishes to coddle people as if they really were civilized and understand that doing something bad has real reprocussions. Fining someone huge amounts is worthless, they simply do not pay it. Locking them up in a place where it simply a motel with some minor inconvienceces is not doing anything.

      Public humiliation and embarassment is something that a human being can easily understand and look upon as very undesireable. If your victims will have the ability to come and get their retribution on you then you certianly will think twice about doing it.

      --
      Do not look at laser with remaining good eye.
    29. Re:Or here is a better idea by Anonymous Coward · · Score: 0

      It's not Rape, it's Surprise Sex!!

    30. Re:Or here is a better idea by volpe · · Score: 1

      I would argue that jail time does not work as a deterrent (there are studies that back this up,

      I call bullshit. Why do you think criminals try not to get caught? Why do criminals run from the police? Why do the police need to engage in high speed pursuit at times? Are you saying that the bad guys don't mind jail, but rather they just don't like being fingerprinted?

    31. Re:Or here is a better idea by TheRaven64 · · Score: 1
      Humiliation might be a good deterrent, but it also has the down side that it (at least in the form you propose) will cause significant damage to the individual's self esteem. While I don't consider this to be particularly undeserved, low self-esteem is a significant factor in contributing to a criminal tendency. I would much rather see the convicted forced to spend 9-5 every Saturday teaching underprivileged children computer skills for a year. This has the advantages that:
      • It provides a service to the community.
      • It acts as a punishment - he is expected to get up early and work an extra day every week.
      • It helps build his self-esteem - teaching can be a very rewarding experience - hopefully making him less likely to re-offend.
      • It doesn't cost the tax-payer anything like as much as a 3-month jail sentence.
      --
      I am TheRaven on Soylent News
  10. What difference does that make? by maynard · · Score: 2, Insightful

    Millot trespassed on private property, damaged said property, and now is trying to claim the damage wasn't bad enough to warrant a hefty sentence. He's already admitted to committing the actual crime. Whatever you want to say about the competence of IBM, IMO the individual in question deserves what he gets. Or, better put, doesn't deserve another job in the industry again.

    1. Re:What difference does that make? by Omnifarious · · Score: 2, Informative

      First, people can make mistakes. I'd be hesitant to hire the guy again, but I might consider it.

      Secondly, levels of offense, sentences and sentencing guidelines exist for a reason.

      Though, maybe we should take your tack and say all crimes are punishable by death! After all, it doesn't matter how bad the offense was, the punishment should be very high no matter what. So, lets give the highest punishment possible for every crime!

    2. Re:What difference does that make? by Omnifarious · · Score: 1

      Hmmm... After RTFAing, I still don't think the claim of damages was reasonable. But I do think the sentence was reasonable. But I do disagree with "This guy deserves what he gets.".

    3. Re:What difference does that make? by undeadly · · Score: 1
      Though, maybe we should take your tack and say all crimes are punishable by death! After all, it doesn't matter how bad the offense was, the punishment should be very high no matter what. So, lets give the highest punishment possible for every crime!

      Unless, of course, it's "white collar crime", since it's not a crime at all. Just witness the cruel and unusual punishment that former Enron executives are recieving [/sarcasm]

    4. Re:What difference does that make? by maynard · · Score: 3, Insightful

      Uhhh, there's a minor difference between refusing to hire a felon and summary execution for property crimes. However, for the sake of argument - whether a $5K or $20K property crime - both seem pretty serious to me. It's not like the guy was an underage kid - he's an adult with serious responsibilities in the organization. His betrayal is not just to his former employer, it is also to the industry and society at large. As an adult he should be prepared to accept responsibility for his actions. JMO...

    5. Re:What difference does that make? by HardCase · · Score: 1

      First, people can make mistakes.

      To me, a mistake would be logging onto the system once after getting fired. I don't think that the guy made a "mistake".

      -h-

    6. Re:What difference does that make? by Nutria · · Score: 1

      To me, a mistake would be logging onto the system once after getting fired. I don't think that the guy made a "mistake".

      A mistake would be forgetting to return the SecurID.

      What he did took malice and forethought. The lightest thing you could call it would be a "lapse of judgement".

      --
      "I don't know, therefore Aliens" Wafflebox1
    7. Re:What difference does that make? by Omnifarious · · Score: 1

      Mistake != accident. Mistakes can be even serious errors in judgement. What matters is that you recognize that you did something wrong, and would choose differently were the choice open to you again. And while it can be hard to tell whether or not the change in worldview has really occured until the person has the same opportunity, I'm open to giving people the benefit of a doubt.

    8. Re:What difference does that make? by Anonymous Coward · · Score: 0

      I'd be hesitant to hire the guy again, but I might consider it.

      As a clerk at a mini mart.. maybe. As a system administrator.. hell no.

    9. Re:What difference does that make? by Dausha · · Score: 1

      "Though, maybe we should take your tack and say all crimes are punishable by death! After all, it doesn't matter how bad the offense was, the punishment should be very high no matter what. So, lets give the highest punishment possible for every crime!"

      Except the reason for less draconian sentencing makes lessor sentences more viable. When the penalties are harsh, juries (and judges) tend to find innocence when they know the defendant is guilty. That is, at one time all unlawful killings met out death in punishment. Juries started nullifying because they thought death was too harsh in some instances. So, courts allowed for life sentences and lessor punishments. This increased the conviction rate at the expense of harshness of crime.

      Although, I for one think the death penalty should be instituted for people who drive slow, while talking on their cell phone, in the left lane when I'm trying to pass.

      --
      What those who want activist courts fear is rule by the people.
    10. Re:What difference does that make? by Schraegstrichpunkt · · Score: 1

      I would add that a "mistake" implies a lack of malice, which apparently isn't the case here.

    11. Re:What difference does that make? by E8086 · · Score: 2, Insightful

      DELETE THE ACCOUNT DELETE THE ACCOUNT DELETE THE ACCOUNT
      did I mention delete the account?

      Sorry about the excessive use of caps but the solution seems so very painfully obvious. Deleting the person's account when they leave protects both parties. The employee will not be able to do what that guy did and loging when they get home and do lots of damage, not that a sysadmin shouldn't make backups, and it prevents someone from changing the pword of the person who just left and connecting from an open access point, possibly outside/near some coffee shop with 'free wi-fi' where the are no cameras, using a randomly generated mac addr and logging in as the person who just left and doing lots of damage. Then all 'evidence' points to the person who just left, assuming the person remebers to delete all records of the pwrod change. Or someone puts out their no longer needed logins&pwords and SecurID card out in the trash together and is found by someone and sold to someone else who des the damage. Yes, this guy confessed, but it could just as easily been someone else.

      --
      F7 doesn't work, ignore spelling and grammar
    12. Re:What difference does that make? by utlemming · · Score: 1

      I agree that he deserves what he got. Although the company should have terminated his access accounts _before_ firing him to save themselves. But that doesn't matter for arguments sake. The point is that if he was a hacker, all IT people would be screaming for him to be executed. Just because he had easy access doesn't mitigate that he committed computer tresspass. At the point of his firing, he was not authorized to even touch the computer. So I think that three months was pretty easy for him.

      --
      The views expressed are mine own and do not express the views of my employer.
    13. Re:What difference does that make? by HardCase · · Score: 1

      I agree with you. What he did was no accident. The first time that he logged into the account, he showed a serious error in judgement. That was a mistake. And if it had ended there, then no harm, no foul. But he went beyond mistake when he kept on logging in. Deleting the account was well beyond a mistake.

      -h-

    14. Re:What difference does that make? by Zen · · Score: 1

      It's often not that simple. I doubt that the secureid system is the only one he worked on at the company. Take my job for example. I have worked for my company in my current position longer than half the department. I am a network engineer. I administer all LAN and WAN network equipment, sniffers, tacacs, etc. I love my job, and I love the people I work with, but what's to say that I have not install a dialup modem on a POTS line connected to a forgotten/hidden pc that nobody knows about, or better yet is used all the time for a second legitimate purpose? That would allow me access into the network after I leave. Now, with my knowledge of sniffers and how to access them and use them to get passwords, plus my knowledge of all the tacacs userid's that belong to a group and not an individual (for instance Cisco TAC when they .remotely connect to our network), I could easily do whatever I please without being tracked. Now, I would never do that, but should my company completely trust that I won't? They'd be stupid to trust an ex-employee. Granted, not many people at my job have access to as many environments as I do, but I believe that there are many people out in the Slashdot world who have been fired from a job, and although they are ethical and have never tried, they just 'know' that there's at least one way they can still get access to that network if they ever really felt like it. Once you become a network administrator at a large corporation, there is no way to completely lock that person out if they are determined to get back in. Most hacks do come from employees. I could probably still get back into the University network that I worked on years ago if I could remember the IP addresses.

    15. Re:What difference does that make? by Omnifarious · · Score: 1

      I disagree. You're layed off. You sit at home and stew about having your job outsourced. You're angry and upset. You test to see if your secure ID card still works. You discover one of your co-workers is still working there. Why wasn't h(is/er) job outsourced? You sit there and stew some more. One day, you just log in and do it, and later you end up thinking to yourself... Gee, that was really stupid and wrong. Why did on earth did I do something like that?

      Mistake. People make them. People let anger get the better of them and throw a punch when they shouldn't. People sit at home and stew about getting fired and do something stupid. It's easy to let your emotions get the better of you. Especially if you don't talk about them with anybody.

      So, I'm willing to believe that perhaps his action was a mistake. He should be punished for it. I think the sentence appropriate, though a felony conviction (if that's what happened, the article wasn't clear) and consequent loss of voting rights might be a bit much. But, I'm willing to believe it might be a one-time occurence and he will behave better next time a similar situation comes up.

      Of course, I'd have to meet the guy to have a really firm opinion on that. Hear him talk about what happened. Maybe he doesn't regret doing it, and just regrets getting caught. Can't really ever know that for sure, but you can get a good idea sometimes by listening to someone.

    16. Re:What difference does that make? by Anonymous Coward · · Score: 0

      All that shows only that the company broke a cardinal rule: don't piss of your computer people. Especially not the important ones.

      Don't fire them, persuade them with much money to go for another job.

    17. Re:What difference does that make? by bhiestand · · Score: 1
      DELETE THE ACCOUNT DELETE THE ACCOUNT DELETE THE ACCOUNT
      did I mention delete the account?

      Sorry about the excessive use of caps but the solution seems so very painfully obvious. Deleting the person's account when they leave protects both parties.

      As sad as this is, I've worked in places where they would not have known to, or HOW to, do such things if I hadn't told them before I left. This is especially true in smaller organizations where there may only be one competent IT guy. I've had to tell people the administrator or root password, ask them to delete my account, then explain how, then explain how to change administrator/root passwords. Yes, I know the passwords should be written down and inside of a sealed envelope inside of the boss's safe.

      And let's not even discuss "training your replacement". These are good indicators that the company should be making every effort to ensure their sysadmin is NOT leaving...
      --
      SWM seeks new sig for a brief fling
    18. Re:What difference does that make? by maxpublic · · Score: 1

      It's easy to let your emotions get the better of you.

      Part of being an adult is to *not* let your emotions get the better of you. When you do you suck it up, be a man, and pay the price. This cowardly little fat-ass couldn't even summon up the balls to do that.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    19. Re:What difference does that make? by Schraegstrichpunkt · · Score: 1
      felony conviction ... and consequent loss of voting rights

      Seriously? Is that during incarceration, or afterwards as well?

      Does this mean that if your government makes law that (indirectly, of course) makes its political opponents felons, those people can't vote to remove the government? It sounds like a nasty security hole in the check against the government's power.

  11. But.... by Anonymous Coward · · Score: 0

    The point to me is he DID admit to illegaly gaining access to a network he had no right to be in anymore AND IBM DID bill the company that money. Now, if IBM Charged too much isnt relevant b/c the company DID have to pay it. He willfully deleted that account and well yes IBM charges a heck of a lot to recover it the company did pay that amount. End of story.

  12. Missing "Not" In Summary by kmactane · · Score: 4, Informative

    The summary should read: Mr. Millot's attorneys argued that his actions did not amount to $5K in damage...

    It's those itsy-bitsy words that make all the difference.

    1. Re:Missing "Not" In Summary by SierraPete · · Score: 1

      Good catch and poor proofreading on my part. Proof of why I majored in CIS instead of English.

      --
      Starting next week, all passwords will be entered in Morse code
  13. not completely by www.sorehands.com · · Score: 1

    YTou forgot the meetings that had to occur to schedule the meetings, and then the meetings to approve the reports needed have a meeting to approve having a meeting.

    It was not IBM that owned the system, IBM was doing the work. We don't know the status of their backups, security. Part of what may be included is the time spent detecting any backdoors or other potential breaches by the Defendant. How do they know that he only deleted the account and not added a backdoor or timebomb?

  14. Re:Eh ? $$ by saskboy · · Score: 1

    I've seen an IBM hotswappable server hard drive fan with two LED indicator lights on it cost $850+ in total to replace. Not much IBM can charge would surprise me now.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  15. WTF by Anonymous Coward · · Score: 3, Interesting

    So when a company breaks in my system (eMule, BitTorrent) I just can claim my $15/hour costs. But if it's IBM they can claim $20K.
    That's not justice, thats abuse of economic status.

    What happens if anyone sends an eMail to Bill Gates and he claims 10 seconds dagames for reading it?

    1. Re:WTF by Anonymous Coward · · Score: 0

      What you seem to have missed is that IBM probably did a proper inspection of the *rest* of the system to ensure that no other damage had been done. This takes a lot longer than just getting an account back online, especially if they do a proper job. Of course, they probably *still* over charged, but most tech companies do.

    2. Re:WTF by Anonymous Coward · · Score: 0

      And they wouldn't have had to do that if he hadn't done anything at all? For chrissake, they didn't deactivate his account. No matter what he did, he's not liable for the security of their network any more than a burglar is liable for the time you spend making sure your items weren't stolen and the cost of replacing all the locks on your windows.

    3. Re:WTF by Anonymous Coward · · Score: 0

      He's liable for his own actions though. So by not deactivating his account he now has the right to reach security? He now has the right to damage their systems? Does it mean that he had no choice? No, it was his decision and now he must live with the consequences of his actions.

      "No matter what he did, he's not liable for the security of their network any more than a burglar is liable for the time you spend making sure your items weren't stolen and the cost of replacing all the locks on your windows."

      If I leave my door unlocked and I get burgled then the burgerler has broken the law and goes to prison (in a perfect world). I, however, don't get my insurance, that's all. My action of not locking my door has been punished and so has the theifs. Get it? You have to take responcibility for *your own actions*.

    4. Re:WTF by Pendersempai · · Score: 1
      What happens if anyone sends an eMail to Bill Gates and he claims 10 seconds dagames for reading it?

      There's a difference, though. Sending an email isn't illegal.

    5. Re:WTF by EvanED · · Score: 1

      But if a burglar broke into a warehouse and forced the company to conduct an inventory to see what he took, he SHOULD be liable for that.

  16. RFID devices by Tim+Ward · · Score: 3, Interesting
    A member of my staff once resigned and left.

    A couple of days after he left it was observed that the front door was continually unlocking itself ... a quick log on to the access control system showed that the RFID tag doing the unlocking was the one belonging to the departed employee ...

    ... and in due course the tag was discovered in an envelope in HR's pigeon-hole; the guy, on discovering that nobody had asked him for his tag, had simply mailed it back, and as this was a proper hands free system with a range over a metre its position in the pigeon-hole was enough to unlock the door ...

    ... because of course as well as nobody remembering to ask him for the tag back nobody had remembered to disable it on the system either.

    Good thing he wasn't malicious, perhaps.

    1. Re:RFID devices by Firehed · · Score: 1
      He's lucky he didn't work for the same place that the guy in the article did, or else they'd have tacked on breaking and enterting probably. Though I don't think you can 'break and enter' if you have the key.

      Seems to me that some people are just way too incompetent to hold a security-related position.

      --
      How are sites slashdotted when nobody reads TFAs?
  17. Excellent, let's see MORE of this by Blymie · · Score: 5, Insightful

    This was a crime, hands down. Period. End of story.

    If you read the article, there were multiple breakins, on multiple days, over a period of years.

    The last likely removed files between backups, resulting in time lost for the employee. It doesn't speak of what was done during previous raids by this crook, but it is quite possible other costs were attributed to previous breakins.

    Crimes like this should be punished, and harshly. This crook should receive a couple of years, for something like this. Perhaps more.

    Why so harsh, you ask? It's simple. We need to start attributing _real_ penalties to crime on the internet. Sony, for example, should have seen criminal charges levied against the employees, management and all that had anything to do with that back door. Fines should have been in the billions. Yes, billions, as they should have received several thousands in fines per count. Employees must be treated harsely as well, after all, they can not legally claim they are just "following orders".

    If you know your employer is doing something illegal, you are BREAKING THE LAW if you do not report such an act! If you work with the employer, helping to break the law, guess what! It's jail time for you!

    We need (well, actually.. needed to, past tense) lock down crime on the internet a long time ago. We really have two choices here. We pay for police presence on the internet, judges that understand the crimes being committed.. or we leave the internet open and lawless.. and see horrid restrictions come down as a result.

    People won't put up with cracking all over the place. The public will demand security. The public is indeed, starting to. It can come from laws and police enforcement of those laws.. or draconian laws that restrict rights and freedom on the net (DRM).

    Which do you choose? DRM all over the place, locked down bioses and operating systems, logging so intense that ISPs keep a year of detailed backlogs, or realistic laws and paid for strong police presence on the net?

    Police all over the world are crying out that they are overburdened with crimes on the net. They are claiming that they don't have the ability to catch crooks, because they need new laws. It's happening right here, in Canada. It's happening, because police _don't_ have the manpower to handle crime on the net, by tracking down crime in the standard fashion. The answer, to them, is increased logging and wiretaps/net taps without warrents. I say, that democracy costs.

    To that end, we need to train judges and police to specifically handle computer crime. We need to enact treaties with out countries, and make sure that extradition is a possiblilty. We need to make sure that the police do not have unlimited ability to spy, but that there are judges in place that can issue warrants when the cause is evident. Fund the police, or allow DRM. Again, that is the choice we have.

    Anyhow, back to this particular case. A case like this, should be treated as if a physical breakin occurred, sentence wise. This guy KNEW he was breaking the law. He KNEW he was being an asshole. Being employed by someone does not entitle you to smash things in a temper tantrum, years after you've been fired or outsourced.

    Bleh.

    1. Re:Excellent, let's see MORE of this by OS24Ever · · Score: 1

      I agree. What he did was no different than supergluing your desk drawers shut, filling the keyholes with glue, crapping on the desk and ripping the seat cushion to shreds. I find it strange that there are already posts blaming IBM for 'taking so long' to do things. Would you complain that a maintenance guy took to long to repair that kind of damage? Probably not.

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    2. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      Yes, it was a crime, yes it was wrong of him to do this, and he should have to repay his debt to society, but do you honestly belive JAIL is the correct action here? Is this an eye for an eye? Give me a break. Police on the internet? Jesus listen to yourself man. The internet should not be policed by any, one body. I for one like the fact that it is "lawless". I think prosecuting some 17 yr old kid for compromising a box in the middle of nowhere just to see wtf it's about, where it is, etc. Is rediculous. Slap the kid on the hand, tell him "No." and send him on his way. Do I think he'll stop? No, prolly not. I don't want him to. This new "war on drugs" where everyone is going after "cyber terrorists" these days is rediculous. It's just as much so as the fabled "war on drugs" 15 years ago. There was never such a war. George Bush doesn't care about computers or drugs! Mostly because he cannot use them, and it pisses him off. :)

    3. Re:Excellent, let's see MORE of this by fitten · · Score: 1

      Yeah... one day if/when you have a business, let's find someone to trash your systems and destroy your backups and see if you still preach the same story. For that matter, let's see your identity get stolen because of the 'net and see you say "aw shucks" when it takes 3+ years of your life or more to straighten out your credit report (no loans, no mortages, no cars, your credit card interest goes sky high, etc. because your credit raiting sucks). Yeah, slap the guy on the wrist who stole your indentity information and send them on their way.

    4. Re:Excellent, let's see MORE of this by izomiac · · Score: 1

      So you are proposing that the internet should be policed as well or more so than real life? For one, that would either pull police off the streets, or incure massive expense in training people to police the internet.

      Secondly, it's an international network. One country's laws end with their borders, but the internet does not. Trying to get every internet-capable nation on Earth to agree to a common set of laws and have them share the burden of monitoring is (and do so fairly), IMHO, next to impossible.

      Third, it's the internet, you cannot physically use it to commit a violent crime. Computers are easily backed up and restored, and security patches are created fairly quickly, so crackers should be a nuisance, not a realy threat. If they are a real threat then the system they are a threat to shouldn't be on the internet (this is true whether their actions are illegal or not). As for DDOS attacks, they should be easy enough to stop by making a call to your ISP (if this kind of attack weren't illegal then the free market should favor any ISP that is able to quickly to stop one).

      Back to the specific crime, if the company had a proper backup system in place then the actual data loss should have been minimal/non-existant and the account easily restored. Since a physical break in did NOT take place, no physical damage occured, and if proper backups had been kept then nothing would have been lost. I do agree that this guy's actions were immature, but I don't think it warranted the penalty. I just don't believe computer crimes merit much, if any, punishment because they don't directly cause any tangible damage.

    5. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      You should complain if the maintenance guy took 'too' long to repair the damage.
      But even so, you'd still want the crook to pay.

    6. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      You know what? Fuck you buddy.

      This is NOT real crime.
      This is at most a civil matter.

      IP theft should NOT be criminal.
      Let me clear my throat....

      Fuck you buddy.

    7. Re:Excellent, let's see MORE of this by Blymie · · Score: 1

      So you are proposing that the internet should be policed as well or more so than real life? For one, that would either pull police off the streets, or incure massive expense in training people to police the internet.

      Yes, I said specifically that. Policing needs to be done. For some odd reason, I don't see you compaining about policing the water, the air or the streets. I don't see you complaining that it costs to have judges and courts and the manpower to bring criminals to them.

      This is the _same_. Computer crime must be policed just as any other. It must have people trained to deal with it. End of story.

      Secondly, it's an international network. One country's laws end with their borders, but the internet does not. Trying to get every internet-capable nation on Earth to agree to a common set of laws and have them share the burden of monitoring is (and do so fairly), IMHO, next to impossible.

      International crime is a big deal. It's been going on since the concept of nationhood existed. We've spent thousands of years, building up an entire framework of extradition treaties and other associated laws, to handle just this. I've stated above, which you conviently ignored, that we will need more of these.

      Third, it's the internet, you cannot physically use it to commit a violent crime. Computers are easily backed up and restored, and security patches are created fairly quickly, so crackers should be a nuisance, not a realy threat. If they are a real threat then the system they are a threat to shouldn't be on the internet (this is true whether their actions are illegal or not). As for DDOS attacks, they should be easy enough to stop by making a call to your ISP (if this kind of attack weren't illegal then the free market should favor any ISP that is able to quickly to stop one).

      You are differentiating "violent crime", from crime, by using the word "violent". This implies that there are other crimes. Internet based crimes are one of those other crimes. We prosecute many crimes, many that are not violent.

      It is not violent to break into a store that is vacant at night. There is no violence against people, and lock picking (as an example) is subtle. Your paragraph above basically states that "everyone should have locks, and tough if they are broken". Is that your stance? Your stance is that if your home, your car, anything is broken into, it was your fault that the locks weren't good enough? This is what you illude to, when you refer to patching your system. You are trying to shift the blame to the victim.

      The victim is not at fault. Crime is crime. Period.

      Back to the specific crime, if the company had a proper backup system in place then the actual data loss should have been minimal/non-existant and the account easily restored. Since a physical break in did NOT take place, no physical damage occured, and if proper backups had been kept then nothing would have been lost. I do agree that this guy's actions were immature, but I don't think it warranted the penalty. I just don't believe computer crimes merit much, if any, punishment because they don't directly cause any tangible damage.

      Loss of money is damage. With today's privacy laws (at least in this country), companies must complete FULL AUDITS of all associated systems when a physical or electronic breakin occurs. As well, this individual broke in a number of times over the years, likely requiring an audit of greater scope.

      What is incredibly funny is that some of you think that people would simply restore a backup, after a hostile action that an ex-employee took. This individually is already mentally decifient in some fashion, and his act shows that. What other deviant act did he perform? Did he place a time bomb somewhere, in a rarely used executable? Did he compromise the system in some other fashion?

      Frankly, the only responsible resolution in this case is a complete reinstall of all effected systems, and then hand picked restoration of

    8. Re:Excellent, let's see MORE of this by Kjella · · Score: 1

      I just don't believe computer crimes merit much, if any, punishment because they don't directly cause any tangible damage.

      You don't think webshops and online banks would see tangible damage if you brought their servers down? You don't think a company would suffer real losses if their internal systems went down (ours are accessible from the Internet via a RSA token, but it is still accessible)? What about altering records to appear real? You think industrial espionage doesn't exist? Posting your medical journal? Trading kiddie porn? Making thousands of PCs zombies, leading to millions in preventive protection systems and clean-up costs in total? Trojans stealing credit card numbers? I could go on and on about "computer crimes" that do have very real damage, even if it might not be physically tangible. Mind if I empty your bank account? That's nothing tangible you know...

      --
      Live today, because you never know what tomorrow brings
    9. Re:Excellent, let's see MORE of this by SilverspurG · · Score: 1

      All of the things you cite are true. None of those things are actually applicable to the case at hand.

      --
      fast as fast can be. you'll never catch me.
    10. Re:Excellent, let's see MORE of this by HardCase · · Score: 1

      You know what? Fuck you buddy.

      This is NOT real crime.
      This is at most a civil matter.

      IP theft should NOT be criminal.
      Let me clear my throat....

      Fuck you buddy.


      Heheh, critical reasoning from an AC.

      -h-

    11. Re:Excellent, let's see MORE of this by PDAllen · · Score: 1

      If you think 'rooting a box just to see what it's about' and 'causing $20k worth of damage' are morally equivalent, tell you what - you can have root on this box for $10k, special cheap deal available today.

      So criminal punishment has never been about 'an eye for an eye'. Otherwise I'd go robbing banks, safe in the knowledge that whenever I got caught I'd just have to give it back, and sooner or later I'd get away with it. Someone who loses their job might feel aggrieved, sure; that's not an excuse to go breaking stuff. It cost this company $20k, they have every right to recover their $20k. And $20k is easily large enough in most jurisdictions that a jail sentence comes attached to a fine.

    12. Re:Excellent, let's see MORE of this by Nazadus · · Score: 1

      We need some kind of panel for computer judges. You can't expect a single judge to know enough about computers to make a decision. No one here on slashdot knows everything about computers... you ahve a better chance with a panel with them being split up into expertise. Perhaps networking/security/os? Fuck if I know... but we need to spread out the knowledge. As a society, we are getting very specific as to what we learn. You used to say "I'm going to be a docter." -- now you say "I'm going to be a nerologist." likewise, we should do the same in computers in the legal sector. Problem is, as a democartic society (well, actually we are something else.. not everyone here has a direct influence on a law) it will take too long for the legal system to react to things... we need to re-think out legal system. This is where I would normally say "be less specific" and let the handling be on the judges side, afterall that is what they are there for, right? The problem is it would get abused. On the other hand, too specific and it's of no use to you. We need something in the middle.

      --
      "Do or do not. There is no try." -- Master Yoda (Half man, half muppet)
    13. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      Ever considered he might live in Europe, which makes it extremely unlikely that his identity gets stolen? We don't have an idiotic Social Security number system everywhere you know...

    14. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      By direct tangible damage I mean that a computer intrusion itself can't do anything but alter data. Altered data should be easily detected and corrected. Any company that depends on their website being online should be able to bring it back online within minutes, you know, backup servers or partition images on DVDs. There should be additional safe guards in place with money (not to mention that that's theft with is already illegal and someone has to recieve the money). Making something illegal doesn't make something impossible, and chances are that if one had the expertise to do any of this they could also get away with impunity. As for data theft, databases' online presence should be kept to a minimum, each record seperately encrypted (or using public key cryptography), each system patched (preferably in close to real time) and behind a very aggressive firewall. If that sounds a little extreme, compare the difficulty and cost of such a system to what banks and such go through for physical security. No amount of policing will stop a skilled intrusion, so the systems themselves should be secure and not rely on legal protections. As for kiddy porn and what not, that's illegal anyway, so there's no reason to create more laws to deal with it. Making something illegal won't stop people from doing it if they expect to get away with it. It would take an extreme amount of policing to detect most crackers. Perhaps something like every router storing the full contents of every packet for a month or two. And even if that were the case, a cracker could just go to an unsecured wireless access point and be gone long before anyone even knew something had happened.

    15. Re:Excellent, let's see MORE of this by Anonymous Coward · · Score: 0

      Yes, I said specifically that. Policing needs to be done. For some odd reason, I don't see you compaining about policing the water, the air or the streets. I don't see you complaining that it costs to have judges and courts and the manpower to bring criminals to them.

      This is the _same_. Computer crime must be policed just as any other. It must have people trained to deal with it. End of story.

      It's not the same. Policing the water, air, and streets helps to prevent people from coming to physical harm or their possesions physically damaged/stolen. All a computer crime can do is either prevent access to a certain service (an attack which ISPs should be able to prevent if given the incentive) or altering data (which should be easily detected and corrected). I just don't see why resources should be diverted to police the internet just so people can run insecure software and rely on the law to punish those that exploit that.

      International crime is a big deal. It's been going on since the concept of nationhood existed. We've spent thousands of years, building up an entire framework of extradition treaties and other associated laws, to handle just this. I've stated above, which you conviently ignored, that we will need more of these.

      And I'm of the opinion that creating more laws creates more problems then it solves. Take music file sharing for example. Countries can't seem to agree if that's illegal or not, and I'm sure that more issues like that will arise. Many computer "crimes" aren't like their physical counterparts in which the victim is clear and obviously harmed.

      You are differentiating "violent crime", from crime, by using the word "violent". This implies that there are other crimes. Internet based crimes are one of those other crimes. We prosecute many crimes, many that are not violent.

      It is not violent to break into a store that is vacant at night. There is no violence against people, and lock picking (as an example) is subtle. Your paragraph above basically states that "everyone should have locks, and tough if they are broken". Is that your stance? Your stance is that if your home, your car, anything is broken into, it was your fault that the locks weren't good enough? This is what you illude to, when you refer to patching your system. You are trying to shift the blame to the victim.

      The victim is not at fault. Crime is crime. Period.

      But with physical crimes of a non-violent nature, the victim is still harmed. With computers, that "harm" is minimal (or at least should be). Can I sue (or report a criminal matter to the police) a smoker because they annoy me and increase my risk for cancer? No. So by that virtue I don't think it's a serious crime (or any at all) if a cracker causes you a little inconvience. As for physical security, while I have toyed with the idea you mention, there is an important difference. Physical security can always be defeated and costs a significant amount of money to upgrade. Laws and policing exist so the average person isn't locked in an arms race with theives. Computer security can be absolute, and the cost of increasing it is minimal/non-existant. As for shifting the blame to the victim, well, that's more of an effort to keep people from doing stupid things. If you decide to sleep in some abandoned alley in a large city with a clearly visible large sum of money in your hand then someone commits a crime in stealing it. Chances are, though, that they won't be caught and you'd be an idiot for being in that situation. If you connect an unpatched Windows 95 machine to the internet then someone probably is commiting a crime by owning it, but that's a stupid thing to do in the first place, and rather easily fixed (restore a backup or reinstall the OS). In these cases the "protection" afforted by the law creates more victims than it protects (people ignorantly depend on it). BTW, there's

  18. I'm in the wrong job! by WarwickRyan · · Score: 0, Redundant

    $20,000 to restore some backups?

    Now I know how IBM manages to make so much money.

  19. This is a fair decision IMO. by efagerho · · Score: 2, Interesting

    Many people go to jail for just accessing systems without permission. This guy actually purposely caused harm... so I really don't see a reason for anyone to complain. Another point that nobody seems to make is that the time the administrators used to fix this was probably not the only time spent. Many managers probably had to spend time working on this, reporting etc.

  20. Probably not ineptitude, but security audit by Oniros · · Score: 2, Insightful

    Are you sure it's ineptitude? IBM didn't have to just restore the account, they pobably had to do a security audit to make sure the guy didn't do anything else, didn't plant backdoors, etc. Depending how much access and how big their net is, yeah that could be $20K. BTW IBM is more in the $100/hour range for consulting.

    1. Re:Probably not ineptitude, but security audit by CthulhuDreamer · · Score: 1

      Security audits should be normal business procedures, especially when your're laying off IT staff. My company gets hit with two audits a year - one internal and one external - just as part of routine business. Terminated employee accounts are audited the next day, since it's expected that IT will begin purging accounts within minutes of the employee leaving. Foisting this off as an "expense" unique to this case seems slightly underhanded. As an auditor, I would take this to mean that security audits are *not* being performed on a regular basis, leading to even more questions about their SarBox compliance procedures.

  21. So... by NoMoreNicksLeft · · Score: 2, Insightful

    When a new hire is set up with a network account, it costs $20,000 in bumbling MSCE ineptitude to click on the gui widgets in User and Groups, and create one?

    Because the cost of the investigation can't be counted. If you steal a $1 candybar from walmart, they're not allowed to add in the costs of the police investigation/arrest to the crime itself. Or else there'd never be any petty crime.

    1. Re:So... by MikeWasHere05 · · Score: 1

      No, but if you somehow manage to change all the doors/locks at WalMart to be able to be opened with a certain method (that only you know about) and you use that method to break into WalMart after hours and steal that $1 candybar, WalMart may add in the costs of replacing all those doors, hiring an investigator to make sure you didn't replace the windows, etc.

    2. Re:So... by NoMoreNicksLeft · · Score: 1

      Yeh. Except here, walmart *always* hires the investigator, even if it was petty shoplifting, and then claims that as an expense. If they tried that in the real world, the judge would throw it out, but if it involves computers, it's considered par for the course?

    3. Re:So... by VGPowerlord · · Score: 1
      There's a huge difference between petty larceny and having illicit access to information systems. Petty larceny is pretty much an isolated crime.

      Ilicit access to information systems could be part of any or all of the following:

      1. Destruction of private property (information)
      2. Industrial espionage
      3. Fraud
      4. Identity theft
      All of which are quite a bit more serious than petty larceny.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    4. Re:So... by Anonymous Coward · · Score: 0

      Quick fix: It's MCSE, Microsoft Certified Systems Engineer.

      (I agree with what you're saying.)

    5. Re:So... by Anonymous Coward · · Score: 0

      When a new hire is set up with a network account, it costs $20,000 in bumbling MSCE ineptitude to click on the gui widgets in User and Groups, and create one?

      You have a point... if IBM were using Windows instead of Linux, this might have cost a lot less time and money to correct. Account management is faster, simpler, and you don't need a high-priced guru to do everything for you.

    6. Re:So... by NoMoreNicksLeft · · Score: 1

      Funny, except that openldap is only difficult to set up, once done, adding more account is braindead simple... and can be scripted. Nice try though.

    7. Re:So... by Billly+Gates · · Score: 1

      If someone did lots of damage and or created a big theft then Walmart most certainly would add to the charges and hire an investigator and install equipment like camera's etc.

      The company seemed to have critical and audited systems and had to hire a security expert. If its an ecommerce site with credit card numbers then of course its going to be expensive to audit and well deserved to charge the criminal with the cost.

      Thats $20k is half a year of someones salary in the IT budget so its a very big deal. especially if money is tight and someone's job is on the line if there is not enough money to pay the salary.

    8. Re:So... by CthulhuDreamer · · Score: 2, Insightful

      The ability to add post-incident internal expenses to a damage claim could have implications further down the line. After this ruling, the first thing any company should do in an incident is send $5000 to a consulting firm for an investigation (or simply assign high-paid internal people to the project until you reach $5K). Every incident, no matter how minor, now falls under the Computer Fraud and Abuse Act and is a cheap way to threaten jail time. The company will likely get reimbursed afterwards, anyway.

  22. Aventis account policies by portwojc · · Score: 2, Interesting

    What the guy did was wrong no doubt in that. I'm sure the auditors will have a field day with this one.

    Let an employee go and let him keep his SecurID and his access - smooth move.

    1. Re:Aventis account policies by bev_tech_rob · · Score: 1

      Exactly....his account should have been disabled as soon as they issued him his pink slip, plus reset passwords on any admin level accounts that he used as well.....

      --
      You're messin' with my Zen Thing, man.....
    2. Re:Aventis account policies by EllynGeek · · Score: 1

      Yes, that's the brilliant part. I wonder if the doof's lawyers brought this up? Because IBM bears partial responsibility for not locking him out.

      --

      we will end no whine before its time

    3. Re:Aventis account policies by Lehk228 · · Score: 1

      no, IBM shares some liability if there was a lawsuit. "but it was easy" is not a criminal defense, just like if a bank left a loaded armored truck with the keys in the ignition and nobody guarding it you would still go to prison for grand theft if you took it.

      --
      Snowden and Manning are heroes.
  23. Deeply, deeply, deeply by Linker3000 · · Score: 1

    I am deeply grateful to all those who gave their valuable insight and opinion into IBM's work whilst knowing jack sh*t about what they had to do and actually did. /sarcasm

    --
    AT&ROFLMAO
    1. Re:Deeply, deeply, deeply by geekoid · · Score: 1

      Its the math, it doesn't pan out. Math that doesn't seem to be correct gets under the skin of a lot of nerds. They tend to be anal about things like that. 407 hours to read an account and scan there system?
      Even if they did a scan of the backup tape, and did an md5 of all the files on tape and compared them to there live counterparts it should have taken that long.

      Or so it seems.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  24. Re:If IBM charged 20K . . . . by AchilleTalon · · Score: 2, Funny

    Seems you forgot to add "project management" charges to the bill. I guess there were at least three project managers on this one and all the related staff to edit meeting minutes, etc.

    --
    Achille Talon
    Hop!
  25. Compare to physical crime maybe? by Hawke666 · · Score: 2, Insightful

    Maybe it should be looked at as if it happened with a non-electronic breakin.

    What if he'd unlocked the front door with a copied key, broken off his coleague's key in the lock, maybe shredded a few random documents and destroyed the lock on a filing cabinet?

    I don't think this sort of punishment would be appropriate, so why is it just because it's electronic? Even if they hired $expensive_security_company to repair the lock and the filing cabinet, and then claimed that was the cost of damage...it would be considered ridiculous.

    1. Re:Compare to physical crime maybe? by Coleco · · Score: 1

      I agree but the crime is more like petty vandalism, ie, spraying your former employers front door and windows with ketchup in the middle of the night. Deleting one account? Gimme a break. A judge wouldn't accept ketchup on the windows costing $20000, but he would accept a deleted account because it's 'computers', and like, computers are all mysterious and technical and stuff.

  26. Re:If IBM charged 20K . . . . by fitten · · Score: 1

    As other posters have said, the bill seems to have included a lot more than restoring some files from a backup tape... IBM people inspected the rest of the systems at the site to make sure that other damage hadn't been caused as well (security backdoors, timebombs, and the like). That can add up to a bit of work depending on the number and types of systems inspected.

  27. Act like a child, be treated like a child by leereyno · · Score: 1

    This guy acted like a child, a spoiled one at that. As a result he's been sent to his room without any supper.

    Its time to grow up, and here's a few knocks from the clue-bat just to make sure you get the message.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:Act like a child, be treated like a child by HellYeahAutomaton · · Score: 1

      Is it? Or is it more childish for a company to
      try to do everything CHEAPER, and cause ill will amongst
      its former employees that CAN and WILL do anything
      to return screwing them by all means necessary?

      "Wah, you're too expensive, we're going to take our
      ball and go home." is essentially what companies are
      DOING.

      Just because the workplace has emasculated most people
      from attacking their employers doesn't mean they don't
      DESERVE a good kick in the pants, nor does it mean
      they are being childish for doing so.

    2. Re:Act like a child, be treated like a child by leereyno · · Score: 1

      If you want to kick your former employer in the ass, a person blessed with wisdom and maturity would choose a method that didn't involve committing a felony, or at the very least could not be traced back to them.

      Not only was what he did childish, it was thoroughly unprofessional. So now not only is he out of a job and off to jail, but after he gets out he will have a VERY hard time finding another job in his chosen field. The time, money and effort he spend earning a degree and establishing himself in his profession are now flushed down the drain, all because he wanted to act like a 3 year old.

      I hope he likes hamburgers, because he's going to be flipping them from here on out.

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    3. Re:Act like a child, be treated like a child by HellYeahAutomaton · · Score: 1

      If you want to kick your former employer in the ass, a person blessed with wisdom and maturity would choose a method that didn't involve committing a felony, or at the very least could not be traced back to them.

      Not only was what he did childish, it was thoroughly unprofessional.

      I agree he was unprofessional, but that is not a big deal. Not everyone is hung up on being "professional". If I were in his shoes, I would have done the same thing, if only to
      gain the attention towards the injustices in the industry
      similar to the hubbub that happened at Electronic Arts for
      employees overworking. The IT industry attempts to get people to work like slaves and be their bitches, and then
      when they find cheaper people to work for them they fire/layoff in mass numbers. These professionals you speak
      of are the blue collar workers of the white collar world,
      and their actions of retaliation are MORALLY justified if
      not legally.


        So now not only is he out of a job and off to jail, but after he gets out he will have a VERY hard time finding another job in his chosen field.


      Losing a job is not the end. He can always contract for
      a while before getting another gig. I know a few people
      who have been canned for various reasons, and if they
      are talented find a way to bounce back.


        The time, money and effort he spend earning a degree and establishing himself in his profession are now flushed down the drain, all because he wanted to act like a 3 year old.

      No, no it isn't. He still has the degree, and still has the
      experience. If he has talent and skills he will be able
      to bounce back. People have gotten fired for a lot worse
      things and still manage to land on their feet.


      I hope he likes hamburgers, because he's going to be flipping them from here on out.


      Nice speculation here, but based on what?
      Some people say that you can tell how good an economy
      is by the correctness of your hamburger order. When your
      orders are right, the economy is bad because you have
      degreed/PhDs taking them.

      If he had simply lost his job, he'd have an easy time to bounce back. Now that these bozos in backwater MI have decided to make it criminal it might be a little bit harder, but I can't agree that it *should* be criminal, nor that he should be unable to find work if it isn't.

      There is a higher risk of him not being able to find work
      because there is a tighter job market due to outsourcing than there is of him not getting a job because he pissed
      off a previous employer.

      I would hire the guy, because he has conviction to stand up for himself because he wasn't treated well. If you treat your employees well, they aren't as likely to be spiteful or mean. His employer lacked common decency and common decency is an uncommon thing.

      You see his actions as a weakness, and I see it as strength.

  28. Re:Oh Please... - THE CRON JOB by germansausage · · Score: 3, Funny

    Of course the cron job on the server that ran 10 days later and found that you hadn't touched a certain file in a week deleted your managers account. It wasn't you.

  29. PR problems by Tablizer · · Score: 3, Interesting

    I once worked at a company where a billing clerk embezzled about 5K USD. She noticed that some clients repeatedly double-paid bills because of the confusing layout of the bill. The previous billing system had a fix for this, but was recently replaced with one that had the same problem.

    So she managed to reroute the extra payment to her bank account. The internal books still balanced because it was a double payment on the client's part.

    When eventually caught she was fired but not procesecuted because prosecution brings bad PR to the company. 2 years later somebody pulled another accounting embezzlement trick and still no procesuction. I think if they prosecuted the first one, it may have prevented the second.

    If the only risk is getting fired, then the incentive to embezzle is pretty high.

    1. Re:PR problems by Anonymous Coward · · Score: 0

      I worked for a [relaively] small financial company who did this same thing. Some chick managed to embezzle $2,000,000 over 7 years. Not only did they not prosecute (bad press for a financial company), they let her keep her job and she's paying the company back. Paying to work ... holy fsck....

    2. Re:PR problems by geekoid · · Score: 1

      "I think if they prosecuted the first one, it may have prevented the second."

      probably not. The prisons is full of people who commited the same types of crime.

      The only real solution is to fix the system that is being used. I wonder how she got it into her account? it's not her name. If she was acutally routing the money electronically, then you need an auditor and secure logs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  30. Re:Oh Please... - THE CRON JOB by techno-vampire · · Score: 1

    Nice thought, and if we'd been runing on Unix/Linux instead of Win2K, it might have been possible. If, of course, I had the privileges to add a chron job, which I didn't as that wasn't part of my responsibility.

    --
    Good, inexpensive web hosting
  31. It's a crime. That doesn't mean "jail time". by LKM · · Score: 4, Insightful

    I've seen lots of similar comments about how what he did was wrong and that he should therefore go to jail.

    I don't think anyone claims what he did was not wrong, but jail time isn't the only answer our society has to crime. The question here is not whether what he did was wrong. The question is whether he should go to jail for it.

    I say no. We already send too many people to jail. Generally, jail time is bad. It costs our society money, and it makes the situation worse for those spending the time in jail, and it makes our society worse because these people will most likely come out of the jail a worse person than when they went in.

    This person here didn't harm anyone. He harmed a company. And he didn't do anything which can't be undone by recovering the data from a backup. Really, what he did was wrong, but it is hardly something worth putting him in jail for.

    1. Re:It's a crime. That doesn't mean "jail time". by Fnkmaster · · Score: 1

      I dunno... from what I've seen, jail time is a very effective deterrent for white collar criminals, which includes disgruntled sysadmin types. I knew a guy, a dentist, who got caught overbilling Medicaid and the state of New York decided to make an example of him. He ended up serving about 5 or 6 months at Rikers Island.

      I'm pretty certain he never played any billing games again. And, most likely, no dentists who knew him ever did either.

      I'm not saying I think he deserved 6 months at Rikers for the level of the crime. But I think the deterrent effect is real.

      The tricky part is balancing that with a sense of proportion, fairness and justice. If 6 months at Rikers is also what somebody serves for a violent mugging that could have resulted in death, then the dentist's sentence is clearly not a fair or proportionate sentence. Maybe 4 or 5 weeks, just to put a healthy amount of fear into the guy, and not at Rikers Island with violent criminals off the streets of New York.

    2. Re:It's a crime. That doesn't mean "jail time". by eck011219 · · Score: 1

      I don't know that it matters whether it's right or wrong that this guy goes to jail - the fact is that the law currently states that this guy goes to jail. IANAL, but I understand that sentencing leeway for judges tends to be fairly tight. Maybe the law should change or maybe it shouldn't, but this guy broke a law for which there is a punishment (sorry, a "correctional action"), and therefore he's going to the clink for three months. Now granted, I'd rather something else happen to him and the dealer on my corner take that cell space, but them's the breaks.

      --
      It is pitch black. You are likely to be eaten by a grue.
    3. Re:It's a crime. That doesn't mean "jail time". by Just+Some+Guy · · Score: 1
      This person here didn't harm anyone. He harmed a company.

      On behalf of everyone who works at companies to give Christmas bonuses based on the last year's profit: kiss my ass.

      No, really.

      You say "a company" as if it wasn't a legal construct that pays people to do work for it. If the company loses money, then there's that much less money for bonuses, raises, insurance, etc. I don't know the particulars of this particular organization, but I do know that if you caused my boss to lose $20,000, my life and that of my coworkers would be measurable less good for a while.

      He did harm an inanimate object. He harmed a group of people that had trusted him. I have absolutely zero sympathy for scum like that.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:It's a crime. That doesn't mean "jail time". by LKM · · Score: 1
      On behalf of everyone who works at companies to give Christmas bonuses based on the last year's profit: kiss my ass.
      No, really.

      Really? Thank you, but I'd rather not.

      And I doubt the harm he caused affected anyone's bonus. It probably took the company a few manhours to recover the data from backup, and it cost the person who was affected a day's work at most. That's a few thousand bucks of lost productivity, hardly a sum which makes any difference at the end of the quarter.

      Besides, how exactly does sending him to jail give the company any of the money back? Can you give a better Christmas bonus because you sent him to jail?

      I never advocated not punishing him. How about having him pay for the damage he caused instead of sending him to jail? That would be better for him and better for the company!


      I do know that if you caused my boss to lose $20,000, my life and that of my coworkers would be measurable less good for a while.

      And how exactly does sending him to jail change any of that?

      Oh, and while we're talking about Christmas bonuses: Isn't Christmas the time of forgiveness? Sending a person to jail because you might get half a buck less Christmas bonus hardly sounds very Christmas-y to me.

    5. Re:It's a crime. That doesn't mean "jail time". by lloydtesterman · · Score: 1

      I am a company, S Corp, only share holder. Would it be ok to steal from me or cost me $20,000? What if I have a partner? Would it be ok to steal from us or cost us $20,000? At what point does it become ok? 100 shareholders? 1000? When is it ok to steal?

      Do you have any assets? Form a company and call me, I will come take them! Because then it would be ok.

    6. Re:It's a crime. That doesn't mean "jail time". by Just+Some+Guy · · Score: 1
      And I doubt the harm he caused affected anyone's bonus. It probably took the company a few manhours to recover the data from backup, and it cost the person who was affected a day's work at most.

      You didn't RTFA. The company outsourced their administration to IBM, and IBM handed the company a bill for $20K for the cleanup. Whether that bill is reasonable is another story, but by all accounts the company directly lost over twenty thousand dollars from its coffers.

      Besides, how exactly does sending him to jail give the company any of the money back?

      It doesn't. The court-ordered restitution is giving the company its money back.

      Can you give a better Christmas bonus because you sent him to jail?

      No, but I can be happy that a common vandal is off the street.

      See, I'm personally not a big fan of white-collar crime. I know some people want to look the other way, but I don't think crime is OK just because the target isn't an individual. I'm kind of funny that way.

      Isn't Christmas the time of forgiveness?

      Sure. I hereby forgive you for commenting without having a firm grasp on the situation.

      --
      Dewey, what part of this looks like authorities should be involved?
    7. Re:It's a crime. That doesn't mean "jail time". by LKM · · Score: 1
      Besides, how exactly does sending him to jail give the company any of the money back?
      It doesn't. The court-ordered restitution is giving the company its money back.

      Then why are you arguing that the company lost money and therefore he should go to jail? Seems to me the company didn't lose any money after all, and all Christmas bonuses are intact.


      Can you give a better Christmas bonus because you sent him to jail?
      No, but I can be happy that a common vandal is off the street.

      That's shortsighted, because in six month's time, he'll be out again, only now he won't be able to get a job because nobody will hire him after he's spent three months in prison. So instead of somebody who made a mistake, paid for it and returned to be a productive member of society, you really do have created a common vandal.

      Of course, it's quite possible that you would want this to happen. If you think people don't deserve a second chance, or that the can't change, then it may be okay for society to accept more common vandals. I think people do deserve a second chance, and I think people can change.


      See, I'm personally not a big fan of white-collar crime. I know some people want to look the other way, but I don't think crime is OK just because the target isn't an individual. I'm kind of funny that way.

      Unfortunately, you aren't funny at all. If you were, at least I'd get a good laugh out of this.

      Nobody here defended white colar crime. Nobody here claimed crime was okay. Nobody here asked that anyone should look the other way.

      I merely questioned the punishment chosen for this particular crime. I did not question the punishment chosen for all white collar crimes or that white collar crimes should be punished. I did not question that he should be punished.

  32. Legal system is insane by SmallFurryCreature · · Score: 1
    Just been reading about some american judge who send a repeat child rapist to a mere 2 months in jail and a guy who deletes a single account gets 3 months. Yeah yeah apples and oranges but something is very very wrong here. IF society is not served by sending the child rapist (who is claimed to be severely retarded) to jail then how is society served by sending this idiot to jail? Force him to communinity work for half a year for no pay or something.

    Ah well, amazing you can hire an IBM'er for 50 bucks an hour. 3rd month in IT and I was already generating more. The bubble really burst.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Legal system is insane by YrWrstNtmr · · Score: 1
      If that judges sentence for the child rapist were typical for those types of crimes, you'd have a point. It's not, though.

      Sending him to jail is a deterrent for others who might contemplate doing the same thing.

  33. You're obviously not a security consultant. by bigtallmofo · · Score: 1

    Call it a couple of hours to trawl some log files, a few more to retrieve the missing account from backup, and be generous and round it up to a week -- 5 man days to tie up all the loose ends, write the incident report and get management signoff for everything.

    Think about the situation they had here. A disgruntled former employee who left himself at least one back door has performed at least one malicious deletion. According to you, close the single backdoor you've discovered, undo the single deletion he did, slap him on the wrist and call it a day. No security consultant (rightfully) works this way.

    Even if this were just a matter of finding a backdoor without any proven malicious intent (i.e. maliciously deleting at least one thing), the correct thing to do is assume that there are other backdoors and you start re-installing operating systems to make sure you catch them. You restore router and switches back to factory defaults and re-set them up.

    This case unfortunately goes even further than installing hidden backdoors - he maliciously deleted things! All level of paranoia are justified in such a situation.

    According to you, let him violate ethics by leaving himself a backdoor, let him violate ethics by at least deleting one thing maliciously, but trust him that he did nothing else? Sorry, but I'd like to verify his story and sorry again, verification costs money.

    --
    I'm a big tall mofo.
    1. Re:You're obviously not a security consultant. by Anonymous Coward · · Score: 0

      >the correct thing to do is assume that there are other backdoors and you start re-installing operating systems to make sure you catch them.

      Half right. The correct thing to do is to assume that anyone and everyone that has left the company might have done this; therefore, it's just part of the expected cost of losing an employee.

    2. Re:You're obviously not a security consultant. by weierstrass · · Score: 1

      it was not a hidden backdoor, fuckwit.

      it was his own administrator's secureid card which hadn't been cancelled.

      --
      my password really is 'stinkypants'
    3. Re:You're obviously not a security consultant. by Guido+von+Guido · · Score: 1
      Fifteen seconds of googling shows that he had pilfered one from a former employee and given it administrative access. The link is to the googlified HTML version of a PDF from the US Court of Appeals.

      This card would have worked even if they had cancelled his card, so I think it qualifies as hidden.

  34. or improve your own technical skills by Anonymous Coward · · Score: 0

    to make sure next time there is no way to trace you.

  35. There are 2 idiots in this story by The+Famous+Druid · · Score: 4, Insightful

    1. The idiot who logged on to his former employers system and took a little childish revenge.

    2. The idiot who didn't disable the account of a security chief who's just been fired.

    Remind me never to do business with a company who are that lax with security.

    --
    Quidquid Latine dictum sit, altum videtur (anything said in Latin sounds important)
    1. Re:There are 2 idiots in this story by Anonymous Coward · · Score: 0

      3. You. Because you think you can judge people behind your computer.

    2. Re:There are 2 idiots in this story by Anonymous Coward · · Score: 0

      Um, too late.

      You pretty much can never know, and trying to find out would be utterly insane and a waste of time.

    3. Re:There are 2 idiots in this story by geekoid · · Score: 1

      "Remind me never to do business with a company who are that lax with security."

      As someone who has done security consulting, trust me you are doing business with people who have lax security.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:There are 2 idiots in this story by straybullets · · Score: 1

      Remind me never to do business with a company who are that lax with security.

      Maybe you should also consider not consuming the medecines they are manufacturing ! What if all those FDA approval papers are corrupted by a disgrunted ex worker , he ?
      --
      With that aggravating beauty, Lulu Walls.
  36. Punishment for crime by Quiberon · · Score: 1

    The guy did not steal any actual cash; nor did he sell stolen items for cash. He also did not cause injury to any person. He seems a bright guy; the sort I would want to teach my children about computers, or participate in a research project. So (if I was in a hiring position, and I thought he had reformed, and he was honest about what he had done) I would consider hiring him. The financial loss to the employer is somewhat arbitrary; the bill from IBM could be any amount you wanted. Arguably, the employer shuold have had a long-term service contract which would cover this eventuality, plus the possibility of flooding like New Orleans, plus worse, all in the service with no additional charge. If that had been in place, the damage would have been under the magic $5000, and the guy could have been given his thousand hours of community service ... teaching teenagers to program computers, hopefully ... instead of jail time. So I would be a little cautious about throwing him out with the bathwater. Someone might need him again some day, and forgiving might possibly be wiser.

    1. Re:Punishment for crime by Winlin · · Score: 1

      And if you did hire him, and the day came when for whatever reason the company had to let some people go, you wouldn't be wondering just what kind of damage he might do if he is the one picked? How does someone convince you that he has reformed sufficiently to keep that worry away?

  37. Re:Well, it sure beats having to look for another by Anonymous Coward · · Score: 0

    Dear Sir or Madam,
          Please refrain from turning unrelated articles into political flames. Thank you.

    Regards,
    Anonymous Coward

  38. The guy acted dishonorably by ishmalius · · Score: 1

    Whatever the judicial system's problem's are, and whatever the circumstances of his dismissal, the basic transgression remains. He abused people's trust, and he sold his integrity for the benefit for a bit of revenge. The commitments you make when you join an enterprise should remain in place whatever happens during the job later, or however you part company. If there is a problem, then fight the good fight and refrain from stooping to a lower standard of behaviour. A job is temporary. He has lost something forever.

    1. Re:The guy acted dishonorably by Anonymous Coward · · Score: 0

      Would that lost something be his anal virginity?

  39. riiight by commodoresloat · · Score: 1
    How did they calculate this figure precisely? Did they show the court documentation? I certainly hope IBM will be reporting this loss to their stockholders.

    I know it's a drop in the bucket for them, but if a man's freedom hangs in the balance, those numbers better be accurate and they better be crossing the t's and dotting the i's. Remember when Sun claimed a $20 million loss from Kevin Mitnick copying a file, and then went and gave that file away free to educational institutions a couple months later? They didn't report that one to their stockholders either, as I recall. I don't begrudge companies for going after hackers, but they should not be allowed to reel off whatever numbers they want to support their case.

  40. Seems simple enough by Belseth · · Score: 2, Insightful

    You don't want to go to jail don't do it. Deleting files isn't exactly a harmless prank and it isn't entirely the fault of the vitim for not being better protected. If you really don't see the harm go in to work Monday and for a laugh format the hard drive on the server. If everyone laughes it off I guess I'm wrong but I'll bet the owners don't see the humor. The amount was inflated to avoid splitting hairs. If they claimed six grand in looses the attorney probably could have agrued it down to a lesser crime. The point wasn't so much to punish him but to avoid it becoming a fad to trash accounts when you get fired. One person could do tremedous damage in a short amount of time without physically destroying anything. They were stupid to not remove his priviledges but it doesn't excuse his actions.

    1. Re:Seems simple enough by Dr+Damage+I · · Score: 1
      The amount was inflated to avoid splitting hairs


      If the amount was inflated, as many here plainly beleive, then justice has not only been tainted, it has been seen to be tainted. I have not seen anyone actually claim that what he did is not wrong or should not have been prosecuted: people are finding it difficult to understand how his action could cost the company 20K and if the amount has been inflated as you say then doing so has done serious damage to public confidence in the justice system.
      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    2. Re:Seems simple enough by geekoid · · Score: 1

      A) Inflating a figure to avouid splitting hairs is a travesty. How can you say the punishment fits the crime if the victims lies about the damage?
      If someone breaks into your house, messes up the furniture and leaves, do you tell the cops he stole your $20,000 entertainment system?

      B) Jail is not the place for this guy. It costs the tax payers too much money. Prohibation and community service would be better.

      C) Yes I believe he is wrong and should be punished.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  41. IBM needed 50 person-days for this? by jopet · · Score: 1

    Anyone else find it strange that "IBM billed Aventis for its investigators' time at $50 an hour, for a total cost of $20,350" which means they needed nearly 51 person-days of 8 hours to do their job? Just *how* incapable are they? I am not saying that what this guy did is excusable, but the cost presented here as "damage" is indeed ridiculous. Especially as the damage cost should only include what it needs to restore the account -- I do not assume they IBM needed 50 days to do just that?

  42. Re:Well, it sure beats having to look for another by tomhudson · · Score: 1
    Dear Anonymous Coward:

    Has slashdot really gotten to the point where we have to spell things out with <irony> tags?

    Regards,
    - me.

    P.S.: The real irony is that the article was about a security breech by someone who lost his job through being outsourced; there have been a lot of security breeches that were a lot more severe than just deleting someones email, that were the direct result of offshoring ... there are lessons for both employees and management in this article.

    Unfortunately management, being management, probably won't read the memo. They're more interested in CYA.

  43. Very much a deterrent by SuperKendall · · Score: 1

    Look if every time you got fired you could jack up computer systems for a company with no repercussions, don't you agree you'd see a much higher rate of this being a problem? You can quote whatever studies you like but it simply flies in the face of reason, and of personal experience (I really, really have a strong desire not to go t jail that overrides a lot of mischievous impulses).

    Personally I think for white collar stuff it's MORE of a deterrent, as who with a desk job really wants to go to jail?

    As far as what society gains by locking him up - mostly deterrence. But it also is a wakeup call to this one individual who I imagine will heed this lesson far more than many other people who go to prison for more serious crimes.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Very much a deterrent by Anonymous Coward · · Score: 0

      Your entire boring reply ignores the fact that he'd still have had to pay over $25,000. That's not a deterrent?

  44. hmmph by ltwally · · Score: 1
    IBM billed for $20,350, at a rate of $50/hr. That comes out to 407 man-hours worth of work.

    While I do not mean to dismiss the severity of Mr. Millot's crime, I do have to ask: It took 407 man-hours worth of work for Big Blue to figure out what happened and to simply restore access/file-backups?

    If that isn't over-billing, I have no idea what is.

    --



    /dev/random
    1. Re:hmmph by Anonymous Coward · · Score: 0

      Did you even bother to read any comments before posting?

    2. Re:hmmph by ml0fl1n · · Score: 1

      Assume as the article states that it is two people.

      Here's a partial list of the tasks these two people would have had to do:

      Trace exactly how the intrusion happened.

      Identify which processes failed. This means not only the process which meant this person kept their SecureID, but also the process which should have shut down access via that SecureID. I have several SecureID's in a drawer in my desk from previous system accesses. This doesn't mean I can still log in to those systems.

      Modify those processes so the failure doesn't happen again ever. Depending on what failed this could be anything from adding some text to a process document to identifying a subtle deficiency in hardware or software.

      Restore the deleted access.

      Document what was done, why it was done, who did it, and then ensure it is all ready for the audit that is going to happen next week because of this.

      None of this work would have needed to be done had this person resisted the silly urge for obvious and stupid revenge.

      About one month's work for all of the above is reasonable and $50 an hour is downright cheap.

      --
      My home: http://theloflins.com/
    3. Re:hmmph by Anonymous Coward · · Score: 0
      None of this work would have needed to be done had this person resisted the silly urge for obvious and stupid revenge.

      About one month's work for all of the above is reasonable and $50 an hour is downright cheap.


      This work should have ALREADY BEEN DONE!
  45. Re:If IBM charged 20K . . . . by fireheadca · · Score: 1

    You'd think IBM would already have policies to prevent this sort of scenario and be adept at cleaning up after one like this. You would think...

    --
    "What? That's not my name, it's yours."

  46. *would* the lawyers be able to challenge it? by MickLinux · · Score: 1
    I have to agree, it looks on the surface like incompetance by the lawyers.

    Having read the article, but not knowing whereof I speak , I note that there were 2 men who spent a total of 400 man-hours (or equivalently 5 work weeks of them both working at the job) doing nothing other than, as the IBM claim states, working "in response to the intrusion."

    However, not all work "in response" to an intrusion could count as loss. If they were doing work that was supposed to have been done in the first place (but never had been), or upgrading a system beyond what it had been before, that is profitable work or work owed, not work lost. Moreover, I suspect that these two workers probably had other work in the meantime, meaning that some of that work should have been billed elsewhere.

    So to the extent that some of this response was profitable work or billed to the wrong customer, it was misbilled. Such misbilling can be common for fortune-500 companies. Indeed, my own plant manager at a fortune-500 company would regularly take all the employees' timesheets, and erase/rewrite them, to bill time from where it should have been billed, to where he thought he could get away with the least pressure. As employees, we were required to write our timesheets in pencil for exactly that reason. That's outright fraud, I know, but my point is that among fortune-500 companies, it would appear to be common. It certainly seems that it's easy to get away with.

    Yet I'm not sure that the lawyers could challenge it, because the offender was not the primarily injured party. Moreover, even if the lawyers knew that there was fraud, they would have trouble securing "reasonable cause" for a search warrant.

    So it might have been a case where the lawyers saw the bill, and ground their teeth, but could say nothing.

    In which case, I'd have to say, yeah, that's malicious by IBM, but the criminal was wicked, let his wickedness lead him into evil, and that's what this gets him.

    But all I can be reasonably sure of, is that I don't know the whole story here. At such a point, I don't think I could assign fault one way or another.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:*would* the lawyers be able to challenge it? by Fulcrum+of+Evil · · Score: 1

      Indeed, my own plant manager at a fortune-500 company would regularly take all the employees' timesheets, and erase/rewrite them, to bill time from where it should have been billed, to where he thought he could get away with the least pressure.

      Did you xerox your timesheets at that job? I know I would.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  47. What's the punishment then? by SuperKendall · · Score: 1

    It's easy to say that he should not go to jail. Far harder to think of another punishment. So what's your answer? Kill him outright? Give him a cookie?

    They have different kinds of jails for exactly this reason. I say jail time will teach him a good lesson, and serves an important reminder to the rest of us that computer crime leads to serious real-world consequences even if the damage is all virtual.

    We may send too many people to prison, but it seems to be that someone maliciously damaging company computers is exactly the kind of person who should be going to prison in the first place - so work instead on getting the people who do not really belong there (like petty drug offenders) into some other kind of system. Though personally I have no answer for what that other system should be which is why we still have these people going to prison.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:What's the punishment then? by LKM · · Score: 1
      It's easy to say that he should not go to jail. Far harder to think of another punishment. So what's your answer? Kill him outright? Give him a cookie?

      Is this a joke? Can you seriously not think of another way to punish him?

      How about a monetary penality? Having him pay for the problems he caused?

  48. Insane by SuperKendall · · Score: 1

    He seems a bright guy; the sort I would want to teach my children about computers, or participate in a research project.

    Why would you want someone with really lax morals to teach your kids anything? Sounds pretty insane to me.

    In the computer world you have to have to follow some kind of code of honor, as it is possible to do so much damage so easily. I would want someone who has a firm grasp of right and wrong to be instructing my kinds on what is possible with computers, but also what is wrong and why the line is where it is.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  49. Re:If IBM charged 20K . . . . by bo0ork · · Score: 1

    Just how far are you allowed to take your definition of "damage he caused"? Maybe he planted a poison tablet in the water system! Bill him for dismatling and rebuilding IBM headquarters! Maybe he spread lies about the management! Bill him for extensive brainwashing of all the staff!

    --
    Does everything include nothing?
  50. How is this "yro"? by xihr · · Score: 1

    Was anyone under the impression that this kind of behavior was ever legal?

  51. Outsourcing by mikapc · · Score: 1

    I'm surprised this is the least of crimes committed by people who's jobs have been cut due to outsourcing. I could very well imagine a scenario of a person long established in a company getting fired due to outsourcing, not lack of skill going nuts and burning the company headquarters down and murdering all the company executives. Why hasn't this happened yet?

    1. Re:Outsourcing by Pop69 · · Score: 1

      Why hasn't this happened yet?

      They haven't outsourced me yet !!!!!

    2. Re:Outsourcing by Anonymous Coward · · Score: 0

      Amen m'brother.

      Let's go mowing down execs together, and have some curry dishes
      for dinner.

    3. Re:Outsourcing by geekoid · · Score: 1

      Becasue corporate life has broken peoples will.

      Personally, they gave me back my red stapler.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  52. Whose Right's Online? by Shihar · · Score: 1

    Here is my question. WTF is this in YRO? Whose rights were violated or even in question? This broke into a system and destroyed data illegally. IBM had to come in and figure out how much damage he did and repair it. Is 20,000 a lot? It might be on the high end, but you need to remember that not only did they need to undo the damage, but they had to make sure there was no other damage done. I don't know about you, but if a disgruntle ex-employee broke into my system and did damage, I would want the entire system checked from top to bottom to make sure he did nothing else.

    So this man clearly violated the law and he got a sentence. Was the sentence appropriate? Hell yes! He got sentenced for just 3 months in a 'white collar resort' plus fines. 3 months for breaking into a computer system and forcing a company to pay to have their entire system checked over is a fair punishment. The company in question will never be sure that they caught all the damage or that he didn't slip a backdoor in. If anything, I think they went light on him.

    The only rights violated were the rights of the company in question. The ass hole who broke into the system got exactly what he deserved. A slap on the wrist jail sentance in a white collar resort, a fine, and has effectively made it such that he will never get a job in IT again. Good riddance.

  53. Professional Behavior versus criminal by PoconoPCDoctor · · Score: 1

    I was outsourced in August 0f 2004 by a large insurance brokerage firm. I was given thirty days notice of my termination.

    During this period I had remote access to backup servers and full admin rights on a network with about 1100 users.

    While I was oboviously upset about the company's decision, at no time during this period did I ever even consider deleting files, accounts, etc.

    Additionally, will this person ever get another job in IT? Don't think so - he's no Kevin Mitnick, just a person who made a really bad choice.

    We are a nation of law. Break them and pay the consequences.

    --
    "Let us raise a standard to which the wise and honest can repair" - George Washington
    1. Re:Professional Behavior versus criminal by Anonymous Coward · · Score: 0


      "While I was oboviously upset about the company's decision, at no time during this period did I ever even consider deleting files, accounts, etc."

      Pussy.

    2. Re:Professional Behavior versus criminal by PoconoPCDoctor · · Score: 1

      I know you are but what am I?

      --
      "Let us raise a standard to which the wise and honest can repair" - George Washington
  54. The punishment is a bit much... by aibrahim · · Score: 1

    This guy did something wrong. He should be punished.

    I think the punishment being imposed is egregious. $5,000 fine, OK. I think the IBM bill of $20,350 is outrageous. There must be much much more going on than was presented to us to justify such a bill, so I think that's too much. Not that I dispute that he should pay- just how much.

    Three months home detention seems fairly harsh, but it may be reasonable. Three years of what is essentially probation also seems harsh, but is conceivably reasonable.

    Jail is unreasonable in this case. It is certainly unreasonable in addition to all the above penalties. Maybe if the sentence is suspended with mandatory probation.

    What would I propose ? $5,000 fine. $5000 for the IBM services. (Thats two men for a week at $50/Hr with a little overtime) He should stay on house arrest 30 days fulfill two years probation. If he does that he should never go to jail. If he fails to hold up his end of that deal he should get up to 6 months in jail.

    That and his probation officer should definitely be wearing the kid gloves.

    The real menace this guy might pose is of erasing someone else's account again. That isn't a great threat to society. I doubt he will ever be hired for any position where he is focused on computer security ever again, and further he isn't likely to ever get any job requiring root/administrator access or any type of security clearance or bond.

    Those penalties will go on long after any of the penalties being directly imposed by the court, and should be weighed carefully. They represent a disastrous circumstance. At best he will have to completely rebuild his life, at worst he may become completely unemployable.

    An eye for an eye leaves the whole world blind. Well the penalties here are far beyond the actual damages and inconvenience to Aventis or IBM. Tread carefully.

    --

    Don't post innacurate information
    If you do, I swear by my pretty floral bonnet I will end you.
    1. Re:The punishment is a bit much... by geekoid · · Score: 1

      "An eye for an eye leaves the whole world blind. "
      Sigh...Doesn't anybody bother to understand what that means?
      It was reference to monetary reconpensation a few thousand year ago.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  55. So sweet, sniff, sniff... wait, WHAT??? by Anonymous Coward · · Score: 0

    This guy worked in security. He should be above abusing his abilities. Sure they should have taken his card, but as a security professional he should have been trustworthy. Instead he maliciously took advantage of the situation. And what... you want him around children? Really, I'm sorry, but I can't believe what I'm reading, maybe I'm missing something. What else am I missing? Hmm, perhaps this - child molesters shouldn't be jailed if no cash was taken and nobody is physically injured. Also, child molesters are able to lure kids towards them, so they'd be good at selling ice cream in parks.

  56. BOFH Mentality by djdavetrouble · · Score: 1

    I find that the BOFH mentality is usually just jokes. It takes a special kind of sociopath to want "revenge" for
    every perceived wrongdoing to their person. The thoughts of formatting someone's hard drive for revenge
    are fun to think, but the committing of the crime is an entirely different story.

    --
    music lover since 1969
    1. Re:BOFH Mentality by techno-vampire · · Score: 1

      The last company I worked for deserved revenge, although I didn't stoop to taking it. Not because they let me go, or for how (or why) they did. They deserved it because of some of the features of their products, and their insanely micromanaging style. No tech could send out a repairman without permission from their manager; the manager had to get permission from some other manager or tech. If a repairman were on the line, you couldn't end the call without consulting. I once made a note that a caller had asked for a stupid change to the softwware, "...but that wasn't going to happen." There was an angry letter from the CEO objecting to that, and not accepting my statement that I'd never said that. It took a manager's statement that he'd heard me enough on the phone to believe that I'd not said it before it died down. I may not have a job there, but I still have my self-respect.

      --
      Good, inexpensive web hosting
    2. Re:BOFH Mentality by SamBeckett · · Score: 1

      You may have kept your self-respect, but it seems you lost your sense of coherency. What in the fuck did you just say?

    3. Re:BOFH Mentality by instarx · · Score: 1

      You may have kept your self-respect, but it seems you lost your sense of coherency. What in the fuck did you just say?

      The writer meant the caller himself asked for a "stupid change", not that the caller asked for a change that was, in the writer's opinion, stupid.

      Evidently the CEO had the same problem interpreting his writing.

  57. That's nothing. by Anonymous Coward · · Score: 1, Interesting
    (posted anon for obvious reasons)

    Child's play. If you're going to be spiteful do it legally.

    When the last dot com I worked for offshored a ton of jobs and fired about 150 to 175 coworkers the day before thanksgiving (fuckers! at LEAST wait until after the holidays) I decided to leave soon after. But while I stayed I wrote a script which would have done the following:
    • Change all users' desktop wallpapers to their main rival's company logo
    • Change all users' default home page in all browsers to their main rival's company logo
    • Play their rival's television commercial at 1:00 friday afternoon

    I tested it and it propogated correctly and worked, but I thought better of it (it's illegal) so I deleted that script. I showed a couple people who got fired the script and they liked it, and wished I could have actully run it.

    What I did instead was I encrypted the filesystem of the workstations I used and since they were not a member of the domain after I left they could not get into them, and before some of the engineers' whose jobs were getting outsourced I mentioned envryption to them. That was the extent of my getting vengeance for fucking over so many people right before the holiday. It was the only thing I could do that was within legality, but I'm not sure the ones I suggested this to were within legality. Due to the nature of my job the workstations I used were not on the domain for security reasons, so I had legitimate reasons to encrypt the filesystems.

    You know, after I left (it was about two or three months later) the company had the gall to call me and ask me for some prototypes I had written on my own time and proposed for production, which they turned down because they were "different" (some of their software was still 16-bit, and I was so sick of the limitations and GUI I wrote new versions from clean code at home). Before I left, I deleted my own works from the hard drives and overwrite them several times and then defragmented the hard drives, and did the same on my home machines, keeping only interesting components I invented (no, I didn't patent them and don't ever plan to patent software. ANYTHING you can invent in software is obvious use of a computer language. software is already protected under copyright). Later on, the folks in marketing who rejected the rewrite (the project was DONE and fully unit tested and about 75% integration tested when I showed it to them) thought better of it because they were losing sales due to the antiquated GUI and word spreading of bugs in the 16-bit component. Thankfully I had signed nothing upon my hire which covered my own works done on my own equipment on my own time (there was no Tandy-like clause giving them ownership of anything like web sites, software, inventions, creative works, etc. - this company wasn't quite that evil at the time I was hired. Later hires had agreements with those types of clauses) so I told them I didn't have the projects any more, only certain components I invented at home, and only retained parts I deemed interesting. I told them I could reimplement it again from scratch, and since I remembered most of the code I could implement it in under 2-3 months, but I would do so only if they paid me $3,500 up front for the initial site visit and then a ridiculously hourly rate, and if the project is cancelled or if my contract is terminated for any reason whatsoever, whether I'm laid off, the company closes, or I decide to leave again of my own volition, I would be owed the full amount for the estimated project implementation, figured at 60 hours per week. Of course they balked at that.

    As I understand it from friends who still put up with their shit, they still have the same 16-bit components, only two software developers are on staff, they have made NO new features, they have cancelled an alternate version of the product they were developing, and they still retain customers for only 18 months when they discover that the product (which sells for $250K to $7.5million depend

    1. Re:That's nothing. by Mycroft_514 · · Score: 1

      That's a bit more extreme than what I did, but good. I wrote a package and they owned it. (Even done of my own time, but I put the 7 interesting subprograms in the public domain, so I had what needed for other projects.) After I transfered to another group in the company, I got called a couple times for help adding new features to it. After I was laid off, I told them the next time they called - $75 an hour, 2 hour minimum. I was working as a consultant for a competitor... Never heard from them again.

    2. Re:That's nothing. by Just+Some+Guy · · Score: 1
      As I understand it from friends who still put up with their shit, they still have the same 16-bit components, only two software developers are on staff, they have made NO new features, they have cancelled an alternate version of the product they were developing, and they still retain customers for only 18 months when they discover that the product (which sells for $250K to $7.5million depending on options and scale of implementation) is slow and does not deliver what they promise.

      What's the weather like in Lindon, UT? Did you work at the company when it was still Caldera?

      --
      Dewey, what part of this looks like authorities should be involved?
  58. Of course it's a rediculous number by Anonymous Coward · · Score: 0

    And of course it didn't cost them that much. This guy is what we call an "example." Let it be known that nobody screws with Big Blue.

  59. no. by zippthorne · · Score: 1

    I think the redundant ones are pretty funny. for now....

    --
    Can you be Even More Awesome?!
  60. How many people did IBM send? by netglen · · Score: 2, Insightful

    How many consultants did IBM send to the project? I could imagine them sending 5-6 people if it was an emergency rush job.

  61. one thing to remember by Aurisor · · Score: 2, Interesting

    Now, there are some people in this discussion crying out for tougher policing on the internet, saying this is just like any other crime.

    While I agree that it is a crime, I would like to point out that eliminating internet crime is incredibly dangerous. Constant attacks are what motivate us to create better, more open systems. On the other hand, an artificial safety vacuum leads to ignorant homogeneity and cataclysmic vulnerabilities.

    Maybe some of you guys have forgotten what the security scene was like in the mid '90's, but I haven't. The only reason we're where we are today (with apache leading the market) is because of white hats, gray hats, and, yes, black hats.

    The technically illiterate people out there look at a story like this and wet their pants. Although I do see the criminial element of it in the individual case, as part of a larger trend, I see this as reassurement (to think in terms of evolution, for a moment) that the environment is imposing security and technical skill as selection criteria.

    Although I agree this case is a pretty clear-cut example of criminal revenge, I'd rather see the computer crime laws loosened in general. They always say (rightly) that it's not the criminals that you hear about on the evening news that you ought to worry about...it's the ones you never hear about at all. I fear that any kind of regulation or policing on the internet is just going to make the flock all the fatter.

  62. Re:If IBM charged 20K . . . . by Anonymous Coward · · Score: 0

    Don't forget sales tax!

  63. Hilarious by James_Aguilar · · Score: 1

    LOLOLOLOLOLOL This is like recursive hypocrisy.

  64. IBM was grossly incompetent by SHP · · Score: 3, Informative

    Unless I'm missing something, I cannot understand how IBM needed 20K worth of incident response services to figure out what happened. SecurID systems can log all activity. A simple check of the logs would have indicated who disabled the access and when.

    I would have told IBM to put that invoice where the sun don't shine if they tried to bill me for investigating such a simplisitic "compromise" of a system *they* were supposed to be managing.

    -SHP (CISSP, CISA)

    1. Re:IBM was grossly incompetent by Todd+Knarr · · Score: 2, Insightful

      Given the certifications you put after your name, you should know the first rule of a security investigation: never ever assume you know what happened at the outset. One of the first things IBM would've had to do is check everything to make sure what the logs were showing them was reliable and not something the cracker had planted to divert an investigation away from his real activities.

    2. Re:IBM was grossly incompetent by SHP · · Score: 1

      Actually, years of experience tell me that the most simple explanation is usually correct. he first thing I would do if somebody informed me they had lost access, would be to check their accout status, then look at the logs. Had I done so in this case, I would have seen immediately what had happened. Instead the article states, "IBM employees eventually tracked down what happened and restored Jernigan's access. IBM billed Aventis for its investigators' time at $50 an hour, for a total cost of $20,350."

      I wouldn't have spent anytime exploring more exotic explanations until the former admin had been spoken to be the authorities. In this case, it appears he didn't put up a fight, so I don't know what all the time was spent on.

      I can't fathom 407 hours of time on this type of incident. I've spent far less than that on browser based compromies that included Encase reviews of hard drives and log correlation across several systems.

      As I said, I may be missing something, but 10 man weeks seems grossly excessive for what appears to a simple case of misuse of administrative access.

    3. Re:IBM was grossly incompetent by Todd+Knarr · · Score: 1

      Not really. Someone with administrative access broke into a network. That means he potentially messed with every server on that network. Assume 40 servers (not a lot, I routinely have access to that many). That's 10 hours per server to completely check not just the logs (since one of the potentially-compromised machines is the log server) but all the software, data and access-control settings for alterations. And it's not just changes since he left you have to look for, once you've figured out it was a former administrator who did this you have to go back over everything he did all the way back to when he was hired to make sure he didn't plant any time-bombs earlier in his employment. And you have to document everything you do during this entire process so if it later turns out you missed something you can show you excercised due care and followed accepted best practices. 10 hours, a little over 1 working day, per machine isn't what I'd call unreasonable.

      And the fact that he's spilled his guts doesn't really cut down the work. He's already proven, by pulling this stunt, that I can't trust him. I can't trust that he did what he said he did, and even if he did I can't trust that that's all he did. So even if I've got a complete statement from him, I have to check everything anyway just to make sure.

    4. Re:IBM was grossly incompetent by Anonymous Coward · · Score: 0

      Yes, but that's not damages. That's you being paranoid and inefficient. Damages are from what he actually did, not what you think he may have done and having to check every little thing just to be sure. Put differently, your evidence gathering activities are not damages. The damges themselves, that you may or may not find in your evidence gathering activities, are the damages. But I guess the Mitnick case set the precedent for the Federal judiciary believing anything a big corporation says about its "damages." It ain't pretty. Corruption sucks, whether a little guy doing something wrong on his own or a court of law and business inflating claimed damages to send a message/self-aggrandize. I know what companies I won't employ and what forum I won't seek justice from in the future.

    5. Re:IBM was grossly incompetent by Anonymous Coward · · Score: 0

      That doesn't seem to make much sense. "Damages" are the costs that must be paid to bring you to the original state before whatever harm you did was done. If you get hit by a car, all your medical bills and the time you loose from work in order to receive medical treatment are damages. If you get brain injury and cannot do you work, the reduction in your salary for the rest of your life is damages. The fact that you don't know how much damage the guy did and must investigate it just says that you must spend all this time to bring the system to the state it was before the guy hacked it -- the state of having no known vulnurabilities. ANAL.

  65. $50/h? No way. by Anonymous Coward · · Score: 0

    Sorry, but IBM's rate is more like $150/hour.

  66. The Obvious Joke by Tidor · · Score: 1

    Go directly to jail.
    Do not pass IBM.
    Cause $20000 of repair work.

  67. Laughink the parent make by Anonymous Coward · · Score: 0

    HAHAHAHA

  68. Re:Oh Please... - THE CRON JOB by LurkerXXX · · Score: 1

    Right. Because Win2k doesn't have anything like 'at.exe/winat.exe' or 'scheduled tasks' that you could use in place of cron...

  69. Moral of the story by SilverJets · · Score: 1

    Don't hire IBM employees to something as simple as restore from a backup.

    $20k to restore a deleted account?

  70. Re:Oh Please... - THE CRON JOB by techno-vampire · · Score: 1

    What was lacking, more than anything else was Administrator access to do anything worth doing.

    --
    Good, inexpensive web hosting
  71. I agree totally by nurb432 · · Score: 1

    At risk of being a 'me too' post....

    Regardless even if it was 5 dollars, what he did should be considered a jailable offense.

    After you are fired, going back in and doing *anyting* should be breaking and entering at the very least. You should be tossed in the can.

    The fact IBM may have overcharged has no relevance. ( and i say may have, we dont know what else was done to consitute the bill )

    --
    ---- Booth was a patriot ----
  72. This is simply billed hours, and he deserved it by billstewart · · Score: 2, Interesting
    If you RTFA, his former employer hired IBM to administer computers for them, and dumped some of their direct employees including him. IBM is apparently billing $50/hour for labor, and recorded 407 hours of labor that was charged to this project and billed to Adventis, and that's the kind of project work that's part of the standard billing arrangement for this sort of computer outsourcing. IBM certainly won't report this as a loss - it was billable work charged to their customer, though for Adventis this is a loss that might show up on a balance sheet if it's only rounded to the nearest thousand and not the nearest million. He's also getting off way light on the costs - IBM was apparently charging this as a typical US outsourcing "Grunts by the hour" price of $50, not a $2000/day "mid-level consultant" rate or a $5-10K/day "security wizard" rate - while much of the work was crunching through log files, doing a thorough cleanup job means looking for deep penetration of backups and access systems. He could have easily been hit for a couple hundred thousand.

    The guy deliberately kept passwords and access devices for a system he'd been responsible for, and deliberately trashed parts of the system and deleted accounts for other administrators, and he deserves what happens to him. This isn't like Mitnick giving away information, or even crackers using the victim's machine as a launching pad for zombies - it's pure premeditated vandalism. The concept of a "protected computer" in Federal laws may be dodgy, but he did a lot more real and potential damage than stealing a company car, a crime for which nobody would be bothered by him getting a few months in jail.

    If anybody's ripping anybody off here, it's his lawyers taking this to a Federal Appeals Court when the guy's obviously getting off light, and you know his lawyers are charging him a lot more than $50/hour and billing a lot more hours if they're getting to that level of the courts. They should have told him to do a plea-bargain and helped him get one that avoids jail time, but maybe the initial judge wouldn't go for it and he thought it was worth the money to try to get bounced to a state court.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  73. He's getting off way light by billstewart · · Score: 1
    The guy had significant access to their system, built in back doors, kept multiple access tokens around for a while after he was laid off, and used it to vandalize accounts. Who knows what else he left in the system, or whether he built backdoors into the backup systems, or left rootkits hanging around critical machines, or what other damage he might have done?

    IBM apparently charged Adventis their standard "$50/hour outsourcer grunt" rate, not a "$2000/day medium-level consultant" rate or an "If you have to ask you can't afford it Security Wizard" rate. Not only did Adventis get off way light paying for the lower-priced consultants (though admittedly a lot of the work is scanning logfiles, if the logfiles can be trusted), but either the system was designed to really effectively limit the scope that he had access to, which is a dodgy assertion if he had anything to do with designing it, or else they should have brought in much bigger guns to find out what he might have tampered with. (Of course, they should have also had backups for the critical information that they could pop up quickly, and the probably did, so hopefully most of the work was done after they'd restored access to the other sysadmin, but can you trust the backups?) Sometimes destructive people are just opportunistically trashing whatever's nearby, and maybe they decided that that was all he did, but if he'd been seriously trying to sabotage them he could have caused a lot more damage.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  74. What's a "Known Good Backup" in this case? by billstewart · · Score: 1

    It's pretty tough to restore from known good backups, unless you make assumptions like "he didn't know the outsourcing/layoffs were coming until 2 months ago" and "hand-inspecting the backups is good enough". Might account for why they used 400 hours of grunt-work instead of security-wizard time.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  75. Wholesale Outsourcing, not per-project wizards by billstewart · · Score: 1

    $50/hour is a bit cheap, but it's not out of line for outsourcing an entire department. It's certainly not the kind of rate you'd get for mid-level consultants you brought in for a specific project, much less security wizards for an emergency, but it's the kind of price you might charge to replace an IT staff that's mostly doing operations.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  76. undo? by mmThe1 · · Score: 3, Insightful


    "The court disagreed, saying that IBM had done over $20K in work to undo his handiwork."

    TFA says something different. "BM billed Aventis for its investigators' time at $50 an hour, for a total cost of $20,350." - which is not the same as 'undoing' whatever he did.

    I would also like to see another person sharing the guilty in this case -- the security/system administrators responsible for ensuring that every employee who leaves has his account access (via SecurID, or any other method) removed. For employees who get fired, this should be done *before* they're informed about the decision.
    If they don't do their job properly, they're effectively handling out daggers to ex-employees to come and stab the company anytime.

    1. Re:undo? by McCaliber · · Score: 1

      This sounds remarkably similar to the argument that P2P software companies should share the blame for copyright infringements, since they provide an environment that makes it easy, and in some cases, automatic ("effectively handing out daggers").

      While I admit that the system administrator will probably be punished by his company for his mistakes, I certainly don't think he should share the guilt of a criminal case. He cost his company $20,000 dollars, but being incompetent at your job does not mean you go to jail (though I suppose there are exceptions in the legal and medical professions).

      It does bother me that the metric in this case is the cost to the company for performing the investigation. For example, the system administrator may have had a backup ready and waiting, but couldn't use it because Aventis wanted to spend $20k finding the person responsible for the crime.

      If someone broke into my house and stole my computer, I could legitimately show that the burgler owed me a couple thousand dollars for hardware costs, plus the information on my hard drive. But what if I became paranoid and installed a new security system for $50k, and hired someone for $20k to watch my bank accounts 24/7 in case the thief used my personal information to perform various identity theft crimes. I don't think I should be able to claim that the thief stole $70k dollars from me in a criminal court. However, I could probably sue the thief for emotional distress (can you tell I'm from the U.S. yet?), resulting in decisions which cost me $70k dollars.

      It seems like computer law is being implemented here as a loose mix of the two.

  77. employer fuckup by weierstrass · · Score: 1

    RTFA, he didn't 'put backdoors in the security system', he used the access that he orignally had had legitimately, and which Aventis had failed to revoke.

    I read this story as "the employer fucked up by not locking off his id card. someone had to pay. so they told the ibm experts 'make sure it costs over $5,000 - we want to send this bastard to jail'."

    --
    my password really is 'stinkypants'
  78. Re:Lets See Here by agam4ever · · Score: 1

    Um ... just in case you missed the headline -- the job was outsourced to IBM not to INDIA ... next time please bother to read atleast the first few sentences carefully before publicly displaying your racist credentials.

  79. here's an idea... by SpectralDesign · · Score: 1

    For the truly anti-social BOfH....

    Set-up a periodic listener on a known open port on a system (say, once a month, for 10 minutes) that upon receipt of the "I've been fired, and I want revenge" packet, starts a countdown timer on a neighboring system, then deletes itself.

    Months later, when the original listener app. has been relegated to offsite backups, if it's on any backup at all, the activated program wakes up, and begins systematically opening backdoors, dropping in trojans, deleting white-collar files...

    And finally, demands "One million dollars!" before un-installing itself as well.

    Just one thing, if you actually go and do something like this, please leave my name out of it :)

    --
    Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind. - Dr. Seuss
  80. Jails are so obselete..... by cheekyboy · · Score: 1

    And how does a jail fix things? How is sending him to jail protecting the society?

    How is it reducing our debt/budgets and taxes? It costs more to keep people in jail than
    it costs to go to a hilton hotel.

    You should only send insane loosers who will slit your neck and steal your car to prisons.

    Just let him go, and give him 250hrs community service in IT to help churchs/small orgs and a $1000 fine.

    100 congress men steal and lie and bank roll their hidden companies and what do they get? more terms and more cash.
    Those are the real crooks.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:Jails are so obselete..... by Jerry+Smith · · Score: 1
      And how does a jail fix things? How is sending him to jail protecting the society? How is it reducing our debt/budgets and taxes? It costs more to keep people in jail than it costs to go to a hilton hotel. You should only send insane loosers who will slit your neck and steal your car to prisons. Just let him go, and give him 250hrs community service in IT to help churchs/small orgs and a $1000 fine.

      You are SO right, because it works like a charm in the Netherlands. Rapists and pedophiles sometimes get up to 400 hrs of park-cleaning community time but boy, do they learn! Certainly not insane loosers.They will never do it again, they promise. After each conviction. (/sarcasm)
      This guy trespassed and did damage. Preemptive research had to be done to disclose any potential logical bomb. He did a bad thing, he knew he did it and might do it again if he could get away with it. Punishment is deserved, and a bit more than a slap on the wrist. The 3 months he's in prison will make sure society will be safe from him for 3 months, at least. The financial punishment will compensate the damages and make sure he'll work for his money for years, at least.

      100 congress men steal and lie and bank roll their hidden companies and what do they get? more terms and more cash. Those are the real crooks.
      Vote for better Congress men? Or: they steal and lie, that means so can we? Enron did it, Halliburton does it, Shell did it, Ahold does it, why don't we all do it? There's no law, only justice? Somehow you contradict yourself. I just haven't figured out what the original is, and the contradiction.

      --
      All those moments will be lost in time, like tears in rain. Time to die.
  81. Lessons ? by frost22 · · Score: 2, Informative

    I heartily dislike this verdict, mainly for the fact that damage is exaggerated where is not much.

    Lessons learned ? How about those:
    - when they piss you off, don't just play a little, make sure you don't get caught at all. Do whatever that takes.
    - don't just fool around with someones account, kill the company outright. If they fight for their life or are dead, there is less incentive to play games with you. You have the inside knowledge, so there is plenty of shit you can do. Be hard, swift and merciless.

    I'm not really sure that's what we want to teach, though.

    --
    ...and here I stand, with all my lore, poor fool, no wiser than before.
    1. Re:Lessons ? by Kjella · · Score: 2

      - when they piss you off, don't just play a little, make sure you don't get caught at all. Do whatever that takes.
      - don't just fool around with someones account, kill the company outright. If they fight for their life or are dead, there is less incentive to play games with you.


      How about acting like a grown up and don't mess with the system? And if the company died, you would see a witchhunt for you instead of an investigation.

      --
      Live today, because you never know what tomorrow brings
  82. Don't drop the soap! by Deputy+Doodah · · Score: 1

    "You does the crime, you does the time."

    This guy ain't special so let him be punished just like the rest of us would be if we were criminals. I bet he won't be inclined to pull this stunt again.

  83. Firewall (Movie) by nneonneo · · Score: 2, Funny

    Has anyone seen the movie "Firewall" and see a vague resemblance? http://www.imdb.com/title/tt0408345/
    So a security specialist has to rob his bank, to pay back a ransom.
    So a sysadmin decideds to do some damage to his old company, to take revenge on the IT department.
    Sounds like Hollywood material to me!

  84. Profit! by Jules+Mercuri · · Score: 1

    1. Get fired.
    2. Delete colleague's account.
    3. Go to jail.
    4. ???
    5. Profit!

  85. Prior art. by blair1q · · Score: 1

    Maybe his attorneys should talk to Randal Schwartz's attorneys.

    Schwartz Case Upheld on Appeal (slashdot story posted 2001.04.07)

    Latest data on it is from November of that year.

  86. I think this applies by a.d.trick · · Score: 1

    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility.

    Ambrose Bierce, The Devil's Dictionary

  87. I guess after they got the bill by NumerusSpy · · Score: 1

    They started to have second thoughts about the financial benefits of outsourcing.

    --
    There they are a conga line of suck holes. On the conservative side of Australian politics. - Mark Latham
  88. Re:Lets See Here by herbierobinson · · Score: 1

    And it was BILLED at $50 an hour (that's after overhead and margin, remember). I'm pretty sure that wasn't any of IBM's U.S. employees.

    --
    An engineer who ran for Congress. http://herbrobinson.us
  89. But why didn't they quote Sony... by freedom_india · · Score: 2, Insightful

    If hacking and opening up systems to hacking is a crime and punishable by Jail, why didn't they prosecute Sony and throw the Music Overlords into Jail for hacking into thousands of XP systems and making them vulnerably with their RootKit?

    How come they got left off for committing a more heinous crime than this poor idiot who did something under "emotional stress"?

    How come Sony gets to pay $7.50 for such a crime for which we pay $220/- to GeekSquad to get it repaired?

    My first question:
    1. Why didn't those stupid lawyers for this poor guy quote Sony as a precedence and make the Judge "let go" of this guy with just a $7.50 fine?

    2. if that was not possible, why didn't they argue his error made only ONE company vulnerable while Sony actions have made hundreds of computers in possibly atleast 50 companies MORE vulnerably? That would have made the Judge sit up and either throw out Sony settlement / atleast question it, and MOST important of all, made the Judge let off this poor guy.

    3. If both are not possible, and Now that THIS guy's case becomes a precedence, make the same Judge apply the same rules to Sony and make those executives suffer Jail time?

    Sheesh !
    What fuckin' justice system we have !

    Corporates and corporate idiots who cause millions of dollars in damage to personal property by producing rootkits and like are let off OJ Simpson style, but the poor idiot who does the SAME thing in MUCH SMALLER proportion and in anger gets a jail time.

    This guy should go and apply work at Sony Music or BMG.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
    1. Re:But why didn't they quote Sony... by TechieHermit · · Score: 1

      Woah, there.

      Just because Sony gets away with something doesn't mean that EVERYBODY should. If that were the case, we could all start committing murder and get off with the "OJ Defense".

    2. Re:But why didn't they quote Sony... by Anonymous Coward · · Score: 0

      Infect one PC, you're a hacker.
      Infect thousands, you're a DRM vendor.
      Infect them all, you're Microsoft.

  90. what an asshole by peter303 · · Score: 1

    This idiot brags about doing something any script-kiddie could do.

    Its usually best not get mired in revenge over soured old business relationships, but look forward to making money in new, clean work.

    Also, in this extremely fluid industry you never know when you'll run into a previous business relationship as a boss, co-worker, supplier, customer, etc. Its best to leave with a reputation as smart, good guy, even if you got screwed.

  91. So if I steal a car I should just pay for your gas by SuperKendall · · Score: 1

    Is this a joke? Can you seriously not think of another way to punish him?

    How about a monetary penality? Having him pay for the problems he caused?


    It's a serious question.

    The answer you gave is OK but doesn't really constitue punishment. If money equivilents were OK, I could just steal a car and pay for the gas used (or perhaps pay you based on the IRS approved milage fee).

    The problem is that in any crime there are damages beyond monetary, and it's unfair to the vicitm to say that money makes everything right. Jail time is a way of making a criminal pay for damages that are not just monetary.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  92. Re:Punishment for crime is valid by Sigma+7 · · Score: 1
    The guy did not steal any actual cash; nor did he sell stolen items for cash. He also did not cause injury to any person.


    Spray-painting a back-alley wall meets these criteria as well. It also meets the same criteria as causing damage (e.g. requiring someone to do repairs to the affected property.)

    So (if I was in a hiring position, and I thought he had reformed, and he was honest about what he had done) I would consider hiring him.


    I have one question - how can you tell that he has reformed? And while I'm asking, how can you make your potential clients (e.g. a large quantity of customers, government agencies requiring top-secret) believe that he has reformed as well?

    This is an abuse-of-trust situation - the system administrator was trusted, and he violated that trust. This is not a "script-kiddie" that is just trying to learn. It is also not an accident as the account was willfully deleted.

    So I would be a little cautious about throwing him out with the bathwater.


    And that's why he won't be hired in the future. If you are cautious about throwing out a clean sysadmin, you can be certain other HR personnel *will not* hire a person with such a criminal conviction that has not been pardoned.

  93. Inflated much? by Anonymous Coward · · Score: 0

    Lawyers: Imagine if he'd hit the delete key TWICE! IBM could have been out of business!

    IBM: Please don't spread that around.

  94. Re:So if I steal a car I should just pay for your by LKM · · Score: 1
    If money equivilents were OK, I could just steal a car and pay for the gas used (or perhaps pay you based on the IRS approved milage fee).

    Obviously, paying exactly the damage you caused is generally not a good and suitable punishment. The punishment should fit the crime, not the monetary damage caused by the crime. Clearly, in some cases, the monetary penalty should be higher than the damage caused. It's also possible to see cases where it would be the other way around.

    However, you should note that there's a difference between your example and the case here: He has to pay a whole lot more than a bit of gas.

    There are of course cases where a monetary penalty - any monetary penalty - is not severe enough. To me, this particular case does not seem to be one of them.

  95. Disable, not delete by coyote-san · · Score: 1

    Deleting accounts can be dangereous. You don't want user accounts to be recreated (e.g., does 'bsmith' refer to Bob Smith or Bill Smith, and what do you do when Bob is rehired?), and it's not uncommon for sysadmin accounts to be more integrated into the system than anyone intends. It's not intentional, just inadvertant ownerships or development scripts getting put into place before they're ready.

    What you do want to do is _disable_ the account and monitor access attempts. This could be disabling the password and monitoring log files to something more sneaky like keeping the password in place but having a minimal program/script that records the connection information and flashes the security administrators before dropping the connection.

    BTW disabling access is more than changing the /etc/shadow file. SSH keys are often overlooked, and a sysadmin probably has SSH-key access to multiple accounts. E.g., I can log in directly as root, but it's for a "worst case recovery" situation. You would also want to remove the person from /etc/group, if appropriate.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken