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Ex-judge Gets 27 Months on Evidence From Hacked PC
netbsd_fan writes "A former California judge has been sentenced to 27 months in prison for possession of illegal pornography, based entirely on evidence gathered by an anonymous vigilante script kiddie in Canada. At any given time he was monitoring over 3,000 innocent people. The anonymous hacker says, "I would stay up late at night to see what I could drag out of their computers, which turned out to be more than I expected. I could read all of their e-mails without them knowing. As far as they were concerned, they didn't know their e-mails had even been opened. I could see who they were chatting with and read what they were saying as they typed."
The summary is misleading on multiple fronts... First, according to the 2002 story, the "hacker" spent considerable time writing the trojan used to access the judge's porn stash---he's hardly a "script kiddie," as the summary dubs him. And "anonymous"? The guy was identified by name in both of the TFAs: "Brad Willman, the Canadian hacker, forwarded the information to an anti-pedophile watchdog group, which then sent the information to Irvine police detectives." "Dubbed 'Citizen Tipster' by police, Brad Willman, spent night after night writing a Trojan Horse program that gave him complete control over every computer that downloaded it. "
Isn't the hacker in legal trouble for downloading the same 3,000 pictures? (How else did he know the content was illegal?) He had to download them to his computer to view them, thereby committing the same crime as the guy he outed.
The son of a coffee shop owner, Mr. Willman, a.k.a. Omni-Potent,
And he stayed up all night .. night after night ... I wonder what kept him awake ?
echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
Because obviously the hacker is guilty of more crimes than that judge
-> clear violation of privacy of thousands of people
-> use of that information for private gain
-> passing off vigilante-collected information to the police
-> (plus or minus) collecting that same porn
All this obviously without a court order, or even being in the police force.
This is also seriously worse than the riaa has ever done. So what should the punishment for the hacker be ? Clearly he cannot go free, despite having caught this criminal.
You scare me ... you know, first this is against kiddie porn, then terrorism, and in a not all-too-far future, it is for the war on tax evasion or for finding that Bittorrent files you have...
There should be limits on what can be done legally. And that script kiddie should be jailed, too.
Screw the FSM - Real geeks believe in the Invisible Pink Unicorn
The hacker in question was referred to as a 'script kiddy' solely for the fact that upon hearing of his success in implicating the former judge, he immediately blogged his victory on myspace under the appropriate title of 'PWN3D!'. Ergo, this title is moreso an indicator of maturity than his technical skill level, and furthermore, an indicator that he lives in his parents basement.
If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.
This idiot thought he was doing the authorities a favor by finding evidence of what he saw as wrongdoing.
....... .......
To do this he broke into systems and spied without a warrant, probable cause, or any authority whatsoever. Most of the people he did this to were innocent, but in any case the 'evidence' he found cannot be used to prosecute with. I doubt if he has much concept of the 'chain of evidence' anyway, so it will be inadmissable for all sorts of reasons.
'Never mind', you say, 'he has gained valuable intelligence. The authorities can mount a raid later and do things properly'.
But by his own admission these target machines have been hacked by a person anxious to 'find' kiddyporn distributors and users. Surely this makes ANYTHING on that system suspect thereafter? When accused, all the judge has to do is claim that he has never seen these photos before, and they must have been placed there by the hacker. Indeed, from TFA I think that is a credible possibility.
Not only has this idiot committed a nasty computer crime by hacking into innocent people's machines, he has messed up the possibilities of any future prosecution of people who may or may not have been involved in an actual crime.
{irony}
Of course, the above is only going by the Constitution. Everyone knows that nowadays the rule of law is suspended whenever:
Patriotism is mentioned
Children are mentioned
Global Warming is mentioned
Security is mentioned
Road Safety is mentioned
{end irony}
Welcome to the Land Of The Free, where you can be locked up for two years for looking at pictures.
Yeah, mod me flamebait because I didn't think of the chiiiiildren. It's still a fact that we yell and cry about the horrors of tyranny if people are forbidden from reading any book they like, but in our own culture people don't have the freedom to look at any pictures they like. And there are cases where people have been sentenced for child porn that was created digitially, with no actual childs harmed.
Assorted stuff I do sometimes: Lemuria.org
I know it's hard for the thinofthechildren masses to comprehend it, but there is a reason there are limitations to what the police can do, and they are not "those commies hate kids!"
Great Intellect...
What I find most disturbing is that this isn't discussed anywhere except Slashdot (which seems to be split about 50/50 on the issue of whether there should be one set of laws and standards for KP and one set of laws for "everything else"). Consider the outrage and public debate that the Patriot act sparked in the US - everybody had an opinion, it was debated to death (although it did pass), and will undoubtedly be one of the primary focii of the 2008 election. What about the PROTECT act that had been successfully used to prosecute posession of drawings? No debate. No discussion. No concern. Anywhere.
This means that either the 50% of /. that finds this line of reasoning irrational is completely insane or (more likely) the fear of being seen as a sympathizer is so great that nobody risks talking about it - not even the die-hard civil libertarians.
Proud neuron in the Slashdot hivemind since 2002.
It's beautiful, isn't it? The masses are doing very little to protect children from that sort of filth, and they're patting themselves on the backs for it. Contrary to the popular belief that "getting tough" is going to solve the problem is the massive body of evidence that it won't.
Making a thing illegal and getting tough on it has never solved the problem any more than drilling holes in peoples' heads cured mental illness. The way to deal with this and the majority of problems is from a logical, measured, and scientific approach. Here's a couple of things to consider:
1. What aspects of our current social arrangement allow these problems (exploitation of other humans in the numerous forms it takes)?
2. Would we be better off to actually spend resources to study the problem?
3. How do people become that way?
4. If/how can we stop that from happening and/or detect them early on and/or fix them?
When subjects like this come up we're faced with this overwhelming emotional response that we choose to cloud or judgment rather than face the reality. We explain this away as all-too-human and bask in it. Just read comments online or talk to people about cases involving crimes of passion or the various incidents of parents (generally fathers) murdering molesters and abusers. The majority of reactions are "I'd do that too."
While I can understand that reaction and the comments that support it, they fail to engage the brain and understand the implications of such things. Which brings me back to the initial point, which is that the attitude the majority of the world holds towards crime is ultimately counterproductive and self-destructive. We owe it to the past victims and to the children and to ourselves to actually solve the problem rather than merely seeking vengeance.
When someone is abused it may as well be us or those that are dear to us. We should be less concerned with adding equal or greater suffering to the life that caused the pain as finding a way to understand why that pain was caused and constructing a world where less pain is possible. It's the old 'do you not destroy your enemy if you make him your friend?' situation where by eradicating a mental disorder that allows for abuse and exploitation we effectively destroy all child predators and their ilk.
I'm sick to death of "think of the children" assholes that are so damned blind with their emotions to recognize they're not solving a goddamned thing and that more kids will be harmed because they're too fucking slow on the uptake to actually set things right.
Sorry, I know this got a little bit repetitive.
And you're even more stupid if you're relying on posting as an AC to protect your identity. So, watch out for this virus, if I ever do make it. I might call it "Ashcroft"
Which will be shortly after they subpoena Slashdot and track you down via your IP... assuming Slashdot would want to protect the identity of someone who wrote such a virus anyway. destroying an otherwise harmless old man's life just because he had some fricking images on his HD. Uh, no. From one of the articles: "After reading the judge's electronic diary, he concluded it showed an apparent plot to sexually exploit young boys at a private health club.".
You *might* just about have been able to put forward a plausible argument regarding the level of damage caused by someone who solely looks at photos. And that only stands up in the absence of *any* any form of payment- or even other forms of encouragement- to others who *create* such material. But neither applies to the "harmless old man" you describe. I don't know how Americans can keep a straight face when we say we favour free speech on one hand, but on the other we can talk about "illegal pornography" (Disclaimer: I am not an American). Are you talking about hardcore pornography between consenting adults (which I have nothing against) or child pornography? If the latter, are you claiming that "free speech" should extend towards material whose consumption supports the molestation of children? Seriously? It's the pure fucking principle. No, it's pure fucking stupidity.
(*1) Yeah, I know it's out-of-date and improbable. But I couldn't resist, sorry
"Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
If you Google "Ronald Kline" you will find a court decision on the matter. Because the hacker was not acting as an agent of the Government, the exclusionary rule on illegally obtained evidence didn't apply.