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Adult Website Use At Work Leads To Hacker Conviction

safesorry notes that several sources are talking about a recent tale of woe about Richard Wolf, a lonely guy looking for love in all the wrong places. Wolf used his work computer to visit the Adult Friend Finder website and upload personal nudes to prospective "friends." Now he's been convicted under a "hacker" law targeted at employees who steal data or access information they shouldn't. "Richard Wolf acknowledged that his behavior was inappropriate when he used his work computer to upload nude photos of himself to an adult web site and view other photos on porn sites, but he didn't think he should be convicted of hacking for doing so."

361 comments

  1. It's a typo by rackserverdeals · · Score: 5, Funny

    Should be a 'W' not an 'H'

    --
    Dual Opteron < $600
    1. Re:It's a typo by Anonymous Coward · · Score: 0

      Wacker HaHaHaHaHa

    2. Re:It's a typo by theturtlemoves · · Score: 1

      And an 'n' instead of a 'c'?

      --
      Empires grow and crumble, and the Turtle Moves. Gods come and go, and still the Turtle Moves. The Turtle Moves.
    3. Re:It's a typo by Rockoon · · Score: 5, Funny

      Either way, it's a sticky situation.

      --
      "His name was James Damore."
    4. Re:It's a typo by Anonymous Coward · · Score: 0

      Bloody wanker.

    5. Re:It's a typo by metlin · · Score: 1

      He'd just have to unzip his way out of it.

    6. Re:It's a typo by FiloEleven · · Score: 3, Insightful

      Man, I'm glad that we have Anonymous Coward to explain these letter substitutions for us. The funny thing is that in the two ACs here were probably the same guy.

    7. Re:It's a typo by icannotthinkofaname · · Score: 2, Funny

      $ unzip -v WolfsStickySituation.zip

      Something like that?

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    8. Re:It's a typo by Anonymous Coward · · Score: 2, Funny

      $ unzip Wolf.zip
      $ strip Wolf
      $ touch Wolf
      $ ./trytodeleteallevidencebutfail.sh

    9. Re:It's a typo by icannotthinkofaname · · Score: 1

      O_O
      . . .
      Clearly, I need to learn more bash....

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    10. Re:It's a typo by Jurily · · Score: 3, Funny

      Clearly, I need to learn more bash....

      unzip; strip; touch; finger; ifup; mount; fsck; more; yes; umount; sleep

    11. Re:It's a typo by Rocketship+Underpant · · Score: 1

      And he did it single-handed, too.

      --
      He who lights his taper at mine, receives light without darkening me.
    12. Re:It's a typo by Anonymous Coward · · Score: 0

      You're dong it wrong.

    13. Re:It's a typo by Anonymous Coward · · Score: 0

      Clearly, I need to learn more bash....

      unzip; strip; touch; finger; ifup; mount; fsck; more; yes; umount; sleep

      This can get you fired for sleeping at work.

    14. Re:It's a typo by Anonymous Coward · · Score: 0

      Hee ..... hee..

  2. What the fuck? by Anonymous Coward · · Score: 4, Insightful

    This is ridiculous.

    1. Re:What the fuck? by enderjsv · · Score: 4, Interesting

      Seriously. Abusing laws to prosecute people under ridiculous circumstances only serves to undermine those laws and weaken their effectiveness in dealing with the real crimes those laws were enacted to prevent.

      Whatever happened to those two girls charged with distribution of child porn for taking pictures of themselves and sending them to their boyfriends? This reminds me of that.

    2. Re:What the fuck? by digitalunity · · Score: 5, Insightful

      We don't live in a world where news organizations do follow-up.

      There's the sound bite. The 2 minute outrage. Then everyone forgets about it.

      Delivering the news is only profitable while the news is still new. Follow-up is just too boring to be profitable apparently.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    3. Re:What the fuck? by Anonymous Coward · · Score: 5, Interesting

      Delivering the news is only profitable while the news is still new. Follow-up is just too boring to be profitable apparently.

      Then I hereby declare the formation of the 'Olds', which will only do pieces following up on old 'News'.

    4. Re:What the fuck? by Jah-Wren+Ryel · · Score: 4, Informative

      Whatever happened to those two girls charged with distribution of child porn for taking pictures of themselves and sending them to their boyfriends? This reminds me of that.

      Nothing, yet.

      http://online.wsj.com/article/SB124026115528336397.html

      --
      When information is power, privacy is freedom.
    5. Re:What the fuck? by aztracker1 · · Score: 1

      Hmmmm... oldnews in a .info would be a cool idea...

      --
      Michael J. Ryan - tracker1.info
    6. Re:What the fuck? by jd · · Score: 4, Funny

      There'd be an entire domain available for Slashdot dupes to be kept in? That would be awesome! Then CmdrTaco wouldn't need to host them on the main site!

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:What the fuck? by Anonymous Coward · · Score: 1, Insightful

      Putting anybody to a private prison equal to the profit. Do you remember those judges in PA?

    8. Re:What the fuck? by JCSoRocks · · Score: 5, Insightful

      This is particularly true for anyone that finds themselves in the media spotlight for months and is hyped as being guilty. Even if mountains of evidence ends up being used to exonerate them the damage has already been done. The media isn't going to bother to spend months clearing their name. They get a 15 second update, "John Doe was innocent." Most people never even hear it. I feel the same way about the tiny section dedicated to corrections in printed publications.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    9. Re:What the fuck? by davidphogan74 · · Score: 3, Interesting

      I think you meant the Two Minutes Hate.

    10. Re:What the fuck? by linzeal · · Score: 2, Insightful

      News as a product in the US and increasingly elsewhere has been boiled down into politics, celebrities and disasters. No one cares about social problems united as a people because everything has been turned to a fine mush of partisan bickering amidst interchangeable political personalities. I guarantee that the average American can name more politicians than laws and supreme court decisions passed in his lifetime.

      For one thing, it is time to put term limits on all elected federal offices. Secondly, we should have the right to elect at least a portion of the Supreme Court. Lastly, it might just be time to have a new constitutional convention and make sure those malodorous cunts do not take away more of our rights.

    11. Re:What the fuck? by Anonymous Coward · · Score: 3, Insightful

      Your post is off-topic. The story is a followup. You might want to RTFA next time.

      An Ohio appellate court has upheld the felony hacking conviction of a man who was found guilty of unauthorized access for misusing his computer at work.

      This is on appeal. Not much more followup you can do than that.

    12. Re:What the fuck? by misexistentialist · · Score: 1

      It doesn't really weaken laws to charge more people with them, although it tends to encourage serious crime and escalate penalties (which is very welcome to DAs everywhere). Those girls charged with child porn might as well have been recruiting gullible classmates and selling their pictures for a lot of money if they are going to be charged with the same crime. And if girls taking pictures of themselves only get 3 years in jail, adults found in possession of such pictures should get minimum sentences of 20 years.

    13. Re:What the fuck? by Dragonslicer · · Score: 2, Funny

      Then I hereby declare the formation of the 'Olds', which will only do pieces following up on old 'News'.

      Hate to tell ya, but Slashdot has been around for a while now.

    14. Re:What the fuck? by bennomatic · · Score: 1

      This reminds me of this 4/1 joke about the Guardian converting its 188-year-old archive of news articles to a Twitter feed.

      --
      The CB App. What's your 20?
    15. Re:What the fuck? by ChangelingJane · · Score: 1

      There's a difference between following up and being late to the punch.

    16. Re:What the fuck? by crispin_bollocks · · Score: 1

      Sorry, GM already killed Olds

    17. Re:What the fuck? by Anonymous Coward · · Score: 5, Insightful

      I can't think of the word for this, but in the Middle Ages, pretty much any offense past blowing a nose in public was death, and the forms of death got worse and worse. The problem this created was the fact that because something small had such a heavy penalty, might as well be put to death for murder, so this resulted in people feeling they had nothing to lose by going to extremes.

      That is a lesson that countries have seem to have forgotten with all these anti-hacker and anti-terrorism laws.

    18. Re:What the fuck? by timeOday · · Score: 1

      News as a product in the US and increasingly elsewhere has been boiled down into politics, celebrities and disasters.

      Sheesh, where do you get your news - no sports!?

    19. Re:What the fuck? by houghi · · Score: 1

      This is particularly true for anyone that finds themselves in the media spotlight for months and is hyped as being guilty.

      I agree, just look at OJ Simpson.

      --
      Don't fight for your country, if your country does not fight for you.
    20. Re:What the fuck? by Anonymous Coward · · Score: 0

      This reminds me of this 4/1 joke about the Guardian converting its 188-year-old archive of news articles to a Twitter feed.

      From the article: "[Twitter] has also radically democratised news publishing, enabling anyone with an internet connection to tell the world when they are feeling sad, or thinking about having a cup of tea." LMFAO!

    21. Re:What the fuck? by triffid_98 · · Score: 1

      For one thing, it is time to put term limits on all elected federal offices. Secondly, we should have the right to elect at least a portion of the Supreme Court.

      I'm not sure if term limits really help matters. One of the biggest problems in our government is that many politicians only truly consider short term consequences of their actions even when they claim to do otherwise.

      If all of them are guaranteed to be out of office and doing something else in 8 years, it seems to me that this sort of behavior would only increase.

    22. Re:What the fuck? by Skrynesaver · · Score: 3, Insightful

      One of the downsides of election cycles is that they really only care about what happens in the next 3->5 years (adjust for your local conditions). As a result we see rampant "short-termism". No politician is going to go out of their way to sponsor legislation that isn't going to generate good press by the next election

      --
      "Linux is for noobs"-The new MS fud strategy
    23. Re:What the fuck? by Anonymous Coward · · Score: 0

      Hahaha. Classic stuff. Thanks for brightening my day.

    24. Re:What the fuck? by ShadowBlasko · · Score: 2, Informative

      Well, our 2nd most publicized "Sexting" case finished yesterday here in Cincinnati.
      In a stunning case of "The guy must be the bad influence" the girl who took the pics was given probation and ordered to write a paper, her friend who sent the pics was not charged, and the guy who RECEIVED the pics was put under house arrest.
      All minors, and yes... you read that right.

      http://news.cincinnati.com/article/20090511/NEWS0107/305110014/Mason+teens+sentenced+for++sexting+ Here is the link.

      (Sorry for the lack of HTML, stuck at work)

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order- Ed Howdershelt Via Tass
    25. Re:What the fuck? by rbochan · · Score: 1, Insightful

      I can't think of the word for this, but...

      I believe the word you're looking for is "bullshit".

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    26. Re:What the fuck? by AGMW · · Score: 4, Interesting

      Hence the phrase:
      Might as well be hung for a sheep as a lamb

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    27. Re:What the fuck? by u38cg · · Score: 1

      The ACLU filed suit to stop the DA filing charges, and were succesful. I am not sure if any further response is envisaged.

      --
      [FUCK BETA]
    28. Re:What the fuck? by 2obvious4u · · Score: 1

      What disturbed me after reading the article:

      "In the end, parents enrolled 14 teens in the course. But the parents of three other girls, including Marissa Miller, recruited the ACLU's help to sue Mr. Skumanick."

      I really wish the other 14 students would have joined the lawsuit and not gone to the classes.

      The government doesn't have a right to raise our children. Unless my child kills or rapes someone they are mine to discipline until they are 18. If they steal I should have to pay for whatever they stole and then punish them myself. I really can't think of any other crimes that would require government intervention. Feel free to comment if you can think of one.

    29. Re:What the fuck? by mianne · · Score: 1

      In for a penny, in for a pound.

      --
      Javascript, cookies, flash, and ActiveX must be enabled in order to view this sig.
    30. Re:What the fuck? by pimpimpim · · Score: 1

      In Germany there are several weekly newspapers with in-depth news. "Die Welt" and "Die Zeit" I buy them every now and then actually like that concept a lot, since they won't have the one-paragraph news flashes that I read on the internet anyway, but they do have a lot of longer articles about current situations. This one newspaper gives me enough to read for a week, and it's conceived in such a way that it's not outdated when I read it a week later. In contrast, some months ago I got a free yearly subscription on "Frankfurter Allgemeine Zeitung" because of some online job site. This would normally cost about 600 euros I guess, and give me a >20-page newspaper every day. I just never got to read most of each paper, ended up with a lot of old paper, and found many articles about financial situations that were just slightly different from the news a day before. So, for me, a nice weekly 'old'-news newspaper anytime.

      --
      molmod.com - computing tips from a molecular modeling
    31. Re:What the fuck? by Anonymous Coward · · Score: 0

      At least everyone did find out Richard Jewell was innocent in the Olympic bombing. And the guy accused of the anthrax letters.

    32. Re:What the fuck? by Frank+T.+Lofaro+Jr. · · Score: 1

      Secondly, we should have the right to elect at least a portion of the Supreme Court.

      HELL NO! Our last protection against abuse would be partially filled with people who pander to popular sentiments.

      No way!

      --
      Just because it CAN be done, doesn't mean it should!
    33. Re:What the fuck? by Anonymous Coward · · Score: 0

      Yeah, I guess the guy must have had a pretty large penis. Didn't know he fucked animals though.

      Oh, you meant "hanged."

    34. Re:What the fuck? by linzeal · · Score: 1

      You must like being ruled by kings in suits.

    35. Re:What the fuck? by treeves · · Score: 1

      Or it might be that he believes that *popular* sentiments may go against the rights of the minority, as did the Founding Fathers (TM).

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    36. Re:What the fuck? by linzeal · · Score: 1

      Yeah, we have had so much better luck with congress protecting the rights of minorities. Oh wait, it took them 100 years after the end of slavery to pass civil rights laws.

    37. Re:What the fuck? by treeves · · Score: 1

      The original comment had to do with the Supreme Court, not Congress. Besides, one could argue that minorities would fare even worse had pure democracy been used, compared with the current system. Like they say, it's the worst form of government there is, except for *all the others*.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    38. Re:What the fuck? by linzeal · · Score: 1

      Congress is the "check" on the executive's power to elect a supreme court justice.

    39. Re:What the fuck? by treeves · · Score: 1

      True enough. And at least once, the Supreme Court has been the "check" on Congress overriding a state's election of the President.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
  3. Stupid Law by Bellegante · · Score: 5, Interesting

    The idea that if someone does something you don't like, they have to be punished, even if you can't find a law that exactly names the thing you didn't like as a crime, is moronic.

    This is ten steps worse than I thought from the summary, though. The court decided that any use the company decided was felony 'hacking', at the companies discretion through the application of its internal policy, without requiring the company to actually install blocks against the usage!

    Let's let businesses come up with new felonies on the fly! Woo!

    1. Re:Stupid Law by auLucifer · · Score: 5, Informative
      I think it get's even worse then that

      FTFA: David Carto, the attorney who handled Wolf's appeal, told Threat Level that Wolf was prosecuted because authorities disapproved of the material he viewed online.
      "The reason he was prosecuted was clearly because of the content of what he was looking at," he said. "If somebody else had been on an internet site studying horticulture, I don't think he would have been prosecuted. It was not obscene. It was just something that was not approved of by certain elements of the city government and by the court in which he was tried. The prosecutor and the judge both treated this basically as a sex offense."

      So I read this that the judge and prosecution couldn't find an adequate sex offense charge, apart from consulting a dominatrix which is a misdemeanor, so they hit him with the best they could which happened to be the poorly worded anti-hacking law.

      --
      If I was witty I'd put something funny here but, as it stands, I am not and have just wasted seconds of your life
    2. Re:Stupid Law by digitalunity · · Score: 5, Insightful

      Extrapolate that policy to it's finality. A company can decide at any time to change their policy and any use they don't agree with, pornographic or not, becomes a felony.

      Watch out /.ers, it's a felony to browese at work now.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    3. Re:Stupid Law by Bellegante · · Score: 4, Interesting

      Yes. Am I right in saying that if you commit a felony at work, and are terminated as a result, they don't have to pony up unemployment?

      Scenario: You want to fire an employee, and you really hate him to boot. Solution! Find a website he visits, change the policy, and send out a long rambling copy of the full policy that no one reads anyway, wait a month, get him jailed.

    4. Re:Stupid Law by BaronHethorSamedi · · Score: 3, Insightful
      While I agree that this sort of law has the potential for abuse, I think the summary in this case overstates the matter.

      Quoted from the appellate court's opinion:

      Upon review, we find that the crux of the state's "unauthorized use" case was based on the proposition that Appellant was acting outside the scope of his authorization to use the computer by engaging in criminal conduct, i.e. soliciting prostitution.

      This wasn't so much about this guy sending naked pictures of himself as it was about him using his work computer to set up a rendez-vous with a dominatrix. The court determined that this was pretty obviously outside the boundaries of what you might reasonably expect to be able to do with your work computer.

      That said, it's troubling that a misdemeanor (solicitation) can get double-whammied into a felony because it's done on company time, and that that's apparently at the company's discretion. And the potential for abuse is there. It doesn't look like the guy advanced constitutional vagueness arguments (probably because this isn't a great case for that). Eventually someone will be fired for surfing /. at work. Then we'll have an interesting case. :)

    5. Re:Stupid Law by Gandalf_Greyhame · · Score: 4, Funny

      "If somebody else had been on an internet site studying horticulture, I don't think he would have been prosecuted.

      He was studying whore-to-culture... isn't that close enough?

      --
      I am not stubborn. I am right!
    6. Re:Stupid Law by Anonymous Coward · · Score: 1, Insightful

      Let's let businesses come up with new felonies on the fly! Woo!

      It's because of that stupid fucking judge in the whole MyFaceSpaceTubeBook teen suicide case. In that case, the judge ruled that a simple TOS violation was hacking under the way the anti-hacking statues are written.

      Hopefully we will see enough of these moronic lawsuits that the courts will throw out the anti-hacking statues and put and end to the current system of selective enforcement.

      Basically, right now ANY "unauthorized access or use" of any computer or network is punishable under anti-hacking laws. Of course they only prosecute those they don't like or have a beef with.

    7. Re:Stupid Law by WebmasterNeal · · Score: 1

      I think this is why the disorderly conduct law was invented. It short of covers anything that could happen.

      --
      "During My Service In The United States Congress, I Took The Initiative In Creating The Internet." -Al Gore
    8. Re:Stupid Law by ktappe · · Score: 5, Informative

      The idea that if someone does something you don't like, they have to be punished, even if you can't find a law that exactly names the thing you didn't like as a crime, is moronic.

      I'll take that a step further: It's evil. Using the law as a bludgeon and a personal retribution device instead of as a scalpel to rid society of true cancers is simply evil.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    9. Re:Stupid Law by Anonymous Coward · · Score: 0

      Remember the old adage: You can lead a whore to culture, but you can't make her think.

    10. Re:Stupid Law by Fulcrum+of+Evil · · Score: 1

      The court determined that this was pretty obviously outside the boundaries of what you might reasonably expect to be able to do with your work computer.

      They also said that it was reasonable to fire him for it, but should have had at least some qualms with making a violation of an unpublished policy a felony. Seriously, Felonies are supposed to be for things that matter, like stabbing people. This doesn't pass the sniff test.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    11. Re:Stupid Law by CodeBuster · · Score: 1

      apart from consulting a dominatrix which is a misdemeanor

      One wonders how such things end up on the books in the first place. Perhaps a certain local politician was prone to such consultations in years past?

    12. Re:Stupid Law by Anonymous Coward · · Score: 0

      This is idiotic. Apparently, the reason given for the harsh sentence is that he wasted the time of his employer (which happens to be the City in this case). If the City really wanted to recover there, it should have gone after him in a civil court, not make a criminal case out of it (not that that they would have gone very far, his supervisor seems to support him -- since he even promoted him after he found those pictures). Also both the law and the ruling are so vague, it would seem that just ordering Christmas gifts from a web site on company (city) time would have be enough to get jailed.

    13. Re:Stupid Law by fm6 · · Score: 2, Informative

      If you're terminated "for cause", no unemployment. Don't matter if your misdeeds are felonious on just not compliant with the employee handbook.

      Incidentally, there have been many accusations that employers deliberately accuse employees of small infractions that would normally be no big deal, just so they can RIF them more cheaply.

    14. Re:Stupid Law by TinBromide · · Score: 2

      While yes, the company was perfectly in their rights to fire him for publishing pornographic material, he was authorized to use the computer, he was authorized to access the internet, and he was authorized to send data. If I hop on my neighbor's wifi, no matter how they secure it (or leave it open) it may be a felony, depending on the state you are in. In Florida, its a class II felony. However, if your neighbor lets you on, you are authorized to do anything, including trade in CP, although if caught, your neighbor may be responsible for trafficking charges if he can't point it back to you.

      Long story short, this story is a ridiculous use about a ridiculous law, I really really hope that the lawyers and expert witnesses handling the guys case can say that because he was authorized to use the computer, he was responsible for everything that happened under his account. This little snippet is used in civil cases all the time (in under 10 seconds, I can count 14 cases in the past 3 years that I personally have been involved in that have used that argument to tie usage analysis with user accounts), and so, he should enjoy the protection from the hacker laws under that same provision. If you access a file server you shouldn't at work, its not illegal, its just bad practice, your corporation can sue you for whatever you do on your computer that doesn't contribute to work, but it shouldn't be a felony.

      --
      Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
    15. Re:Stupid Law by StikyPad · · Score: 0, Redundant

      Any firing "for cause" will result in withholding of unemployment benefits.

      It is my understanding that the set of things which are "for cause" is larger than, and only partly shared with, the set of things which are "illegal."

    16. Re:Stupid Law by iamhassi · · Score: 2, Interesting

      I love this:
      "unauthorized access to a computer, a felony; theft of services in office (essentially for depriving the city of his paid services while he conducted the unauthorized activities on a city computer on city time), which is also a felony;"

      So basically he got 15 months for goofing off at work. Think I know quite a few city officials that should be serving life sentences.

      Oh but that's not the best part:
      "On the misdemeanor solicitation charge, he was sentenced to 60 days"

      He only got 2 months for ordering a prostitute ;)

      I think Ohio is trying to become the next Florida.

      --
      my karma will be here long after I'm gone
    17. Re:Stupid Law by iamhassi · · Score: 3, Interesting

      "while the State presented evidence Appellant spent approximately 100 hours over a five month-period utilizing internet websites that were not related to his job"

      So he spent less than 1 hour of a 8 hour day surfing porn (5 work days in a week x 4.34 weeks in a month x 5 months = 108.5). That's not hard to do....

      Here's the WTF part:
      "He said his client was a good worker and had even been promoted after his supervisors found the pictures. Initially he was suspended while police investigated the case, but was promoted after he returned to work. He lost his job, however, when he was convicted of the charges."

      sounds like a huge fishing expedition, who'd he piss off in gov't? Was the mayor's daughter the dominatrix?

      --
      my karma will be here long after I'm gone
    18. Re:Stupid Law by Anonymous Coward · · Score: 0

      I was fired for surfing /. at work. Technically, they just didn't pick up my contract because I was still on 90 days probation period, but it sure felt like a firing when the security guard was walking me out of the building.

    19. Re:Stupid Law by pete6677 · · Score: 1

      Companies typically lose when the worker challenges a denial of unemployment benefits in a case like this. Otherwise, no company would ever have to pay unemployment. All they'd have to do is wait until someone is a minute late for work and fire them for "cause".

    20. Re:Stupid Law by ChangelingJane · · Score: 1

      The way I heard it was: You can lead a man to slaughter, but you can't make him think. I guess the same goes for bosses.

    21. Re:Stupid Law by dcollins117 · · Score: 1

      "unauthorized access to a computer, a felony; theft of services in office (essentially for depriving the city of his paid services while he conducted the unauthorized activities on a city computer on city time), which is also a felony;"

      Just out of curiosity, does anyone know what the statute of limitations is for playing Minesweeper?

    22. Re:Stupid Law by Qrlx · · Score: 1

      It varies from state to state. Where I live, simply being fired "for cause" is not sufficient to deny umemployment. You have to be fired for a pretty serious cause like stealing from the company or divulging trade secrets. I believe the threshold is you have to materially harm the company. Most people fired for cause can still get unemployment benefits.

    23. Re:Stupid Law by Anonymous Coward · · Score: 0

      These mis-uses of anti-hacking laws are just the start, IMHO. Its another way to heave felony-hard charges at someone and have them spend the millions of dollars getting the precedent set that these are unfair. These laws place the burden of proof on the charged that the laws are unfair, not the people who pass them.

      All I have to say is wait until ACTA comes out. Law precedent states that treaties overrule sovereign laws, so just wait until people are tried for hacking charges, then internal ACTA laws for the same thing.

    24. Re:Stupid Law by Anonymous Coward · · Score: 0

      You can lead a whore to culture, but you can't make her think.

    25. Re:Stupid Law by ciderVisor · · Score: 1

      It was Dorothy Parker who claimed she could create a pun from any word. When challenged with 'horticulture', she coined the phrase above. Marvelous !

      --
      Squirrel!
    26. Re:Stupid Law by ciderVisor · · Score: 1

      You lose /. Karma for being an M$ shill.

      --
      Squirrel!
    27. Re:Stupid Law by jaggeh · · Score: 1

      Just out of curiosity, does anyone know what the statute of limitations is for playing Minesweeper?

      it depends on the difficulty level, and did you clear it?

      --
      I would give everything i own for a little bit more.
    28. Re:Stupid Law by Anonymous Coward · · Score: 0

      Time to reduce the state independence and move to a more centralized government? ;) A federal administrative court should deal with these cases.

    29. Re:Stupid Law by geminidomino · · Score: 1

      Depends on the state. In this one, I think it's pretty much "negligence" or "misconduct" (which is why a certain middle-end seafood restaurant tried to get wait staff to sign a form stating they understand that forgetting a cookie on a bill is "stealing from the company" when firing them).

    30. Re:Stupid Law by Anonymous Coward · · Score: 0

      Problem is that people have different definitions of what a true threat to society actually *is*. That's why there are some laws that base their standards off of the prevailing community standard (such as "obscenity").

      I'm of two minds about that. Who has a better ability to judge what harms a community than the community? Who has a right to override a community's judgment of acceptable if the community finds something unacceptable?

      An objective intellectual outside the community may feel quite differently and be able to support his opinion with logical analysis. But if we concede that people have a right to their opinions and if we further believe that the opinions of the majority of people in a given environment should take precedence (democracy), then there is actually absolutely nothing wrong with a community precipitating a witch hunt and ousting an individual who fails to conform to its standards.

      Yet that is distasteful to me personally. There is a saying, "majority rule, minority rights". That is a tough tightrope to walk when loudest contingent are screaming religious fanatics and the largest contingent have been indoctrinated with hypocritical religious superstition from birth. You see, pornography and prostitution are not just things the community has agreed to outlaw for pragmatic reasons, they are *wrong*--evil, sinful--and any individual who disagrees is a sick malicious pervert deserving hellish punishment if intensive reorientation fails.

      The founding fathers did a pretty good job--not perfect--but the prevailing philosophy was reasoned out by men who had seen firsthand egregious abuse of power by the monarchy, who had suffered religious persecution, and whose lives had been touched by violence and injustice. They even knew that the common man couldn't be trusted to maintain peaceful compromise (which is why we have a representative democracy elected by the electorate rather than directly). The fallacy of democracy is that a million men are not smarter or more reasonable than one. Unfortunately too many of our politicians and lawyers fail to uphold the sacred trust of a United States in which

      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed."

      But I'm on a tangent. In this instance we all know that we should be working while at work, with exception to our official and legally granted rest breaks. We further know that some things are inappropriate at work and should be saved for our personal time outside of work. However...the most that should have happened to this individual is that he be fired or written up according to company policy. If hiring a dominatrix is, in fact, illegal he might also have gotten probation due to the legal investigation. I say probation because, while I stipulate it's probably illegal, I don't think it should be and I assume it is a minor and first offense.

    31. Re:Stupid Law by fm6 · · Score: 1

      I'd like to see some statistics that back your claim. It certainly isn't consistent with what I've heard.

    32. Re:Stupid Law by Anonymous Coward · · Score: 0

      Looking at nudie pics against workplace rules is dumb. But it's understandable how it happens when the job is boring-as-fuck.

      However uploading other nudie pics from work is even worse.

      Either of those should merit firing, if the company is serious about its workplace regulations.

      But hacking? Not really. Using a non-blocked proxy server or adding a port number to a web address isn't really hacking.

      Taking it to court past the punishment of firing is taking it into bastard territory though. Especially when trying to find another job in this somewhat shitty economy and with a black mark against him to boot. That should be taken into consideration and the case should be dropped.

      On an aside note, what is with this really stupid active updating and pausing the stories pages? Has anybody ever explained to the Slashdot Developers WTF a refresh button does? If I'm browsing down a list, an active refresh is the last thing I want! If I've seen everything, then I hit F5 or the icon with swirly arrow on it and look for new articles. IT'S NOT THAT HARD, AND I DON'T NEED IT DONE FOR ME! Get rid of the active updating, it's a really poorly thought out idea, and unwanted. Thanks! (Also anyone should feel free to copy and paste this part if you agree.)

  4. Quick, don't read this! by Ichoran · · Score: 1

    If you do--at least if you're at work--you're committing a felony!

    Oops, too late.

  5. Richard Wolffe? by Anonymous Coward · · Score: 0

    So, should I not expect him on Countdown with Keith Olbermann tonight?

  6. Old boss by Capt.DrumkenBum · · Score: 1

    I had an old boss get shown the door for surfing that site.
    He tried the I followed a link defence, the the logs showed he had been there several times.

    --
    If I were God, wouldn't I protect my churches from acts of me?
    1. Re:Old boss by supernova_hq · · Score: 1

      Yes, but did he get convicted of hacking?

  7. Just fire him by brkello · · Score: 5, Insightful

    I think losing your job would be punishment enough in this case.

    --
    Support a great indie game: http://www.abaddon360.com
    1. Re:Just fire him by erroneus · · Score: 1

      What company caused all this to come about? I'm sure that having this company made public as one that "might inadvertently result in your becoming a convicted felon meaning that you lose the right to vote and bear arms" might be useful information to people who might otherwise seek employment there.

      (And that has always been a sticking point for me... does the second amendment include an exception for convicted felons? How can any imposed restriction on a convicted felon's right to bear arms be constitutional? Does the same constitutionally guaranteed right to vote include any exception against convicted felons?)

    2. Re:Just fire him by QuantumG · · Score: 3, Informative

      No company. He was working for the state, the "Shelby City Wastewater Treatment Plant".

      --
      How we know is more important than what we know.
    3. Re:Just fire him by Zapotek · · Score: 1

      I think a serious rant and forcing him to pay for the techs to inspect the system for malware[1] etc should be enough.
      Could this be worse if he was charged with sexual harassment?

      [1] I assume that that's why such sites are forbidden, if it's just due to wasting some time they should ban everything.

    4. Re:Just fire him by A+beautiful+mind · · Score: 4, Funny

      Wow this story is getting shittier and shittier.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    5. Re:Just fire him by __aaclcg7560 · · Score: 1

      Won't be long before it stops smelling like roses.

    6. Re:Just fire him by spun · · Score: 5, Funny

      And thus, it is our responsibility, as the voters who elected the folks who set that policy. Well, assuming we live in the same state.

      I work for a state government, too. The voters evidently don't want us spanking it on their dime. Wasting time on Slashdot is fine, it seems, because the filters let me come here, but sausage polishing (or fingering the sushi, I guess...) is a no no.

      If you want to spank it on the taxpayer's dime, do it in a bathroom stall like the rest of us.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:Just fire him by QuantumG · · Score: 4, Insightful

      Bah. Those sites are banned because:

      1) it clearly isn't work related.
      2) everyone is afraid of sexual harassment laws.

      and, let's not forget:

      3) people will accept just about any conditions of employment.

      Cause we're all slaves.

      --
      How we know is more important than what we know.
    8. Re:Just fire him by jollyreaper · · Score: 2, Insightful

      I think losing your job would be punishment enough in this case.

      Absolutely. What he did would not have been illegal from home. You can stand in front of a mirror and make your junk move in circles all day long. Do it on your front porch and you get busted for public indecency.

      If he's surfing porn from his cube, he can be fired. If he's sexually assaults a coworker, that's worth firing and prosecuting.

      It's like drinking. Drinking at home is legal. Getting so hammered I black out and lose days is legal so long as I do it on my own time. Showing up to work hung-over can get me fired but won't put me in jail. Drinking on the job if I just sit at a desk can get me fired, no jail time. Drinking when driving my own car can get me jail time and so drinking while driving a company car can get me fired and jail time, that's fair. If I worked on the factory floor and people could be maimed or killed due to my negligence, jail time would be proper.

      Pretty much anything that would put me in jail if I were doing it on my own time is fair game for putting me in jail on company time. But if it's not something that's prosecutable, don't prosecute, just fire the guy. But that also brings up the question of assholes trying to selectively get rid of someone. There's really not much you can do when management has it in for you. I've worked in happy companies and paranoid companies. The happy ones were great but in the paranoid ones once someone has decided they have it in for you, you're toast.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    9. Re:Just fire him by couchslug · · Score: 3, Funny

      "If you want to spank it on the taxpayer's dime, do it in a bathroom stall like the rest of us."

                                                                  Senator Larry Craig, 2007

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    10. Re:Just fire him by StikyPad · · Score: 1

      And for Christ sake, make sure you get it all in the appropriate receptacle or absorptive material. Seriously, it's bad enough being relegated to shitting in a public bathroom without seeing faint light stains on the stall walls.

      And no shower babies, period, for you horny gym addicts. Wash up without patting down!

    11. Re:Just fire him by glitch23 · · Score: 1

      3) people will accept just about any conditions of employment. Cause we're all slaves.

      Yeah, to our families and our debtors. Damn them for making us work to pay for their food, shelter, and schooling. Not everyone has the luxury to choose where they work or who they work for.

      --
      this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
    12. Re:Just fire him by PachmanP · · Score: 1

      Absolutely. What he did would not have been illegal from home. You can stand in front of a mirror and make your junk move in circles all day long. Do it on your front porch and you get busted for public indecency.

      No it appears that the issue was that he did commit a crime. He solicited the dominatrix which would still be a misdemeanor even from home. They're claiming that they're going above and beyond because of the AFF stuff.

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    13. Re:Just fire him by GregNorc · · Score: 1

      Are you seriously implying that corporations refusing to let you surf porn at work are being unreasonable?

    14. Re:Just fire him by QuantumG · · Score: 1

      Absolutely man. If you choose to have a wife and kids and save for retirement with your white picket fence and your yellow dog, yes, you do gotta get up and go to work every day, and if you don't take shit you'll get fired, or, worse yet, not get that promotion so you can buy more worthless crap than you did last year to make yourself feel worthwhile. But that's your choice.

      --
      How we know is more important than what we know.
    15. Re:Just fire him by Anonymous Coward · · Score: 0

      Cause we're all slaves.

      Speak for yourself Mr. Lemming.

    16. Re:Just fire him by DigiShaman · · Score: 1

      I work for a state government, too. The voters evidently don't want us spanking it on their dime. Wasting time on Slashdot is fine, it seems

      Didn't you know? Only 31337 H4x0r5 read Slashdot. But because you work for the Gov, that makes you a... spy.

      SPY SPY, treasonous SPY!!

      On a lighter note, that would be scary (not that I worry, I would never work for Big Brother) But given how nasty politics are, I wouldn't put it past any politician with an Ax to grind.

      --
      Life is not for the lazy.
    17. Re:Just fire him by ub3r+n3u7r4l1st · · Score: 1

      The article made no mention that money is involved.

      If no money is involved, it is NOT prostitution. Period.

    18. Re:Just fire him by the_humeister · · Score: 1

      Oh give me a break! Why do you need to look at porn at work?

    19. Re:Just fire him by houghi · · Score: 1

      Who mod this funny? If you think about it, it should be modded "truthfully scary".

      --
      Don't fight for your country, if your country does not fight for you.
    20. Re:Just fire him by Zapotek · · Score: 1

      No, not at all. But calling the police on you and prosecuting you *is*...

    21. Re:Just fire him by jonaskoelker · · Score: 1

      (I'll go to hell for this, or at least lose all my karma)

      If you want to spank it on the taxpayer's dime, do it in a bathroom stall like the rest of us.

      But no matter its shape, oral sex has to be performed in your office.

    22. Re:Just fire him by Anonymous Coward · · Score: 0

      The ironic thing is that we're not slaves, we are prostitutes. We get paid, remember?

    23. Re:Just fire him by Beezlebub33 · · Score: 1

      Was he 'looking at porn'? IMHO AFF is more like FaceBook or match.com than hustler.com. Yes, he's trying to hook up, yes, he should not be doing it on company / government time, but it is not the same as surfing porn. Its a matter of degrees, but I don't see a big difference between posting pictures of yourself in a swimsuit on eharmony and posting a picture of yourself without a suit on AFF.

      Is it the nudity? What if he's posting pictures of his latest trip to Orient Beach in St. Martin (its a nude beach)? Is that illegal? Or is it that the whole point of AFF is to find someone to have sex with? Or the combination of nudity with AFF? I'm really not clear on what makes it illegal.

      I fully expect his actions to violate the rules of acceptable use at his work. But it doesn't make it illegal.

      --
      The more people I meet, the better I like my dog.
    24. Re:Just fire him by Beezlebub33 · · Score: 1

      Did he solicit the dominatrix for sex or just a beating?

      If no sex is involved, it is NOT prostitution either.

      Just because he might get some sexual enjoyment out of it doesn't make it sex. Hey, my dick gets hard when I get a back massage, but unless I get the happy ending (and I don't), it doesn't count. Some people get off from all sorts of things, but that doesn't make them illegal.

      --
      The more people I meet, the better I like my dog.
    25. Re:Just fire him by 2obvious4u · · Score: 1

      Actually... sausage polishing is a no-no but I know lots of women that masturbate at work. They have better technology than men do. They have this little silver bullet thing... and remote controlled devices.

      Women can also do this thing where they cross their legs and bounce their foot.

      This is clearly sexism in the workplace.

      Oh, and if you want some real fun there is a great skit on masturbating in the office, its on Youtube, but I'm at work and can't look it up.

    26. Re:Just fire him by spun · · Score: 1

      Right? Can't look it up. This is work related material, I'm sorry, but if this is an issue in the workplace, the workers need to be informed. I think I'll talk to HR tomorrow. This block of relevant audiovisual material is antithetical to an integrated and diverse work environment that honors all genders and masturbatory styles equally. If they won't change this policy, I will demand that upskirt webcams be installed in all female workers desks so that we can enforce a no masturbation policy equally.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    27. Re:Just fire him by rifter · · Score: 1

      (And that has always been a sticking point for me... does the second amendment include an exception for convicted felons? How can any imposed restriction on a convicted felon's right to bear arms be constitutional? Does the same constitutionally guaranteed right to vote include any exception against convicted felons?)

      The exception is in the 14th amendment, which allows discrimination against criminals:

      (Section 1) ... No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law ...

      (Section 2) ... But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime ...

      I think it sucks too, but it will require an amendment to the Constitution to fix.

  8. Most of us are criminals by QuantumG · · Score: 5, Insightful

    Every geek worth his geek-badge has bypassed the company web-filter. According to this law, that's hacking. That whole "theft of services from office" part was overturned but only because they couldn't show his work had actually suffered from his actions.. whereas if all you do at work is post on Slashdot and your work suffers, you could be charged with a crime.

    So yeah, basically, if you have an employer who is a big enough dick, most of us are criminals.

    --
    How we know is more important than what we know.
    1. Re:Most of us are criminals by drinkypoo · · Score: 1

      Every geek worth his geek-badge has bypassed the company web-filter.

      I've never been filtered, and given a choice I would go work somewhere else. Any human worth their salt wouldn't put up with being treated like a dipshit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Most of us are criminals by QuantumG · · Score: 1

      Umm.. corporates justify filtering by saying "if we don't do this we could be sued". They justify *everything* like that. And yeah, maybe you can stay working in little shops where they just don't give a shit.

      --
      How we know is more important than what we know.
    3. Re:Most of us are criminals by drinkypoo · · Score: 1

      And yeah, maybe you can stay working in little shops where they just don't give a shit.

      Right, because Tivoli and Cisco are so fucking tiny that they just didn't give a shit, that must be it.

      In stead of excuses, make plans to move on to work for an employer who respects you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Most of us are criminals by Anonymous Coward · · Score: 0

      I don't understand this attitude. Can't Slashdot wait until you're home? If the employer deems it necessary to filter the web, then you should not break that policy. If the filter interferes with your job, bring it up in a meeting. If it really bothers you that you can't get your fix while at work, look for a different job. What does any of that have to do with being a worthy geek? I know I could easily get around all filters which don't cut off internet access completely. I don't have to prove it by breaking company policy.

      No disagreement on the ridiculousness of the hacker classification of mere tunneling.

    5. Re:Most of us are criminals by QuantumG · · Score: 1

      Honestly, I've never worked anywhere that blocked Slashdot. If I did, I'd demand its immediate unblocking and quit if they didn't.

      --
      How we know is more important than what we know.
    6. Re:Most of us are criminals by fishbowl · · Score: 1

      You don't get a geek badge until after you're the one making policy decision.
      Web filter? Heh. You should see my acls for movie streaming. The people subject to them don't know. The people who do get to connect, get QOS'd to oblivion. Anyone who complains about not being able to stream movies at the office gets a lecture, and sees our monthly bill for the OC12, with the strong hint that their department will be the one getting the bill if they don't stfu about not being able to stream movies. Movie streaming is just one example, we block some things and throttle others, but the objective isn't censorship, it's keeping our goddamned internet costs down to a level that doesn't affect our profit margins.

      It's easier to get compliance on this kind of thing when you are open and show them the bills, than if you just make it a big blackbox rule.
      Of course, in my shop, *everybody* is painfully aware of profit and loss, since there's a one-to-one correspondence on everybody's paycheck. (It helps a lot to be able to say "When we allowed Hulu, it increased our costs to the point where we would have needed an OC48" -- show them what that costs, divide by the number of employees, and subtract... they get the picture.)

      --
      -fb Everything not expressly forbidden is now mandatory.
    7. Re:Most of us are criminals by fishbowl · · Score: 1

      >Umm.. corporates justify filtering by saying "if we don't do this we could be sued".

      I'm in charge of the policy in my shop, and I justify filtering based on the difference in cost of an OC48 versus and OC12.
      But then, we don't filter based on content, but based on bandwidth. We're also not saying "no streaming media, no bittorrent, no running your public website on our wire." We're just making it impossible to increase our costs by doing so. I don't want to get into the business considerations of having so many people using the internet so heavily that you need more than a T3. But when they started impacting our voice network, we had to put the fist down.

      --
      -fb Everything not expressly forbidden is now mandatory.
    8. Re:Most of us are criminals by jedidiah · · Score: 1

      > I don't understand this attitude.

      Companies that try to effectively block you out of the internet
      also effectively cut you off from the world at large. Being able
      to search online resources at will or communicate with my
      colleagues at will is a very useful thing. Being a GEEK, it also
      helps to keep me from going too feral.

      Web filtering usually blocks more useful stuff than harmful stuff.

      OTOH, you should have some sense and do nothing on a particular
      network unless you are comfortable with the owner of that network
      seeing all of it and possibly showing it to everyone else on the
      network in question.

      Unless you're comfortable coming into the office in a dog collar,
      don't surf dominatrix sites at work.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Most of us are criminals by QuantumG · · Score: 1

      Cisco is the very definition of not giving a shit.

      WTF is Tivoli? You mean IBM Tivoli? Are you trying to say IBM doesn't filter? Are you kidding me?

      --
      How we know is more important than what we know.
    10. Re:Most of us are criminals by Anonymous Coward · · Score: 0

      That's too bad, because had they shown a decline in his work he could have claimed internet addiction and kept his job (or land a sweet disability check for life)

    11. Re:Most of us are criminals by dbIII · · Score: 1
      Read his post below and you'll see why he has this veiw from experience. Many workplaces have annoying bastards with enough spare time that they can use to try to tightly control employee behaviour. You and I might not be in that situation now but others may choose to stay in such a situation if there are other benefits.

      Also some places have content filters that are only there to satisfy some sort of braindead Quality Assurance bullet point and nobody would really care if you get around them or not. Others get them packaged with outsourced spam filtering and it sounds like a good idea to somebody at the time. IMHO the only people who care about it are those that waste far too much time watching people to see if they misbehave or those that want to look busy with a bit of security theatre that is rendered irrelevant by usb devices.

      Misusing resources to the point where it slows down everyone's net access or increases the bill the company pays for internet services is a completely different issue, as is installing malware (eg. something that pretends to be a DVD copy program) or unlicenced commercial software.

    12. Re:Most of us are criminals by lamapper · · Score: 2, Insightful

      I've never been filtered, and given a choice I would go work somewhere else. Any human worth their salt wouldn't put up with being treated like a dipshit.

      Not that you know of.

      Please see many of my other posts here on slashdot for links to actual articles on each and everything in this post. Its all documented elsewhere if you honestly care, just see my previous posts.

      Unless you have a fiber optic back-door-channel last-mile-from your-home connection to the internet, in which case I want one too. You are most likely being filtered by your ISP. You simply are unaware of it.

      American telcos think all their customers, you and I included, are, in your words, dipshit s. Anyone who defends them, certainly is one.

      I doubt anyone in America, unless they:

      • own a telco and their fiber path to/from the internet (of course there is still filtering capabilities by your upstream ISP / telco, its called Deep Packet Inspection)
      • own a fiber optic trans-Atlantic cable (same issue as point above, filtering capability via upstream telco, with DPI.)

      honestly knows to what level they are being filtered, throttled, and in some cases blocked from some sites on the internet.

      All the American telcos have peering agreements and other relationships with each other. I have personally seen documentation, proprietary of course therefore I can NOT post it, that shows percentage ownership of one telco to others and vice versa. They are all in it together against all consumers. This is the only way they can spread FUD about the bandwidth scarcity myth and artificially continue to raise your monthly fees without giving you additional services.

      And they pay princely sums, in lobbying fees, directly or indirectly to your elected officials so that they might continue to stick it to you and I!

      They spend an estimated $15 million per week lobbying yours and my elected officials, and those numbers were only for Washington D.C, so the figure is much, much higher considering local elected leaders that have decision making power about whether or not to open up your local connections to the internet or not perpetuating a scarcity myth for no other useful purpose than to raise your monthly fee from whatever it is now to their target-for-every American range of $100 - $150 per month.

      You can be filtered and totally oblivious to it. Honestly how would you know?

      The only way you will ever be aware of filtering, throttling and other anti-net neutrality impacts of your internet access by American telcos is if you have accessed a website in the past and today you can NOT get to it. And you will still be unsure that you are being filtered or blocked from seeing that website until you can gain access to the internet via a different telco than the one you are currently being blocked by and see that the website is still there.

      You will not see that your telco is forging packets to disrupt your internet access unless you are taking the time (and it takes time) to actually use a sniffer and monitor the flows of packets to/from your local area network in your home and your PCs.

      If you are not using Linux, only 2% of the desktop market today per some sources I believe the reality is higher than that as you have to consider the source of the information and who they have access to, than you probably do not have access to sniffer software to monitor the packets to/from your PC.

      The telcos terms of service, if they want to enforce them, can interrupt the service of 90% of Americans today. (I am being generous and over-stating what I believe here, that only 10% of American consumers ONLY have 1 PC at home attached to the interent at a time. I am sure that most homes have more than 2 PCs attached to the internet at the same time.) You say not so, here is a simple taboo. Are you allowing more than

      --
      Is your Internet Throttled? Install DD-Wrt, OpenWRT or Tomato to learn the truth! Google: 1Gbps/1Gbps: 5 Communities
    13. Re:Most of us are criminals by 427_ci_505 · · Score: 1

      Having been there for a summer, pretty sure they didn't filter.

      Well, stuff within reason anyways. Youtube was available, as was slashdot, which made for a nice break occasionally.

    14. Re:Most of us are criminals by supernova_hq · · Score: 1

      I don't know where you live, but here in Canada you can't do that. The labor relations laws specifically state that you are not allowed to pass business expenses on to the employees. The only way around this is if they are all shareholders or partners in the company, but that still does not allow you to alter their regular paycheck!

    15. Re:Most of us are criminals by drinkypoo · · Score: 1

      WTF is Tivoli? You mean IBM Tivoli? Are you trying to say IBM doesn't filter? Are you kidding me?

      When I worked for Tivoli, which was after their acquisition by IBM, they had zero filtering. Furthermore I was on the 24x7 level 2 support team and had ISDN at my house as part of the compensation package for that, and had unfettered internet access (firewalled, but with a real IP IIRC) and [apparently full] access to the 9 net although I was not myself ON the 9 net.

      I worked there for over a year and a half, and surfed whatever I wanted from work and home whenever I wanted. What that was precisely is relevant but personal; suffice to say that it was varied, and often intensely personal.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:Most of us are criminals by misanthrope101 · · Score: 1

      So yeah, basically, if you have an employer who is a big enough dick, most of us are criminals.

      Yes, one of the great things about a police state is that people with power can just put you in jail or ruin your life for pissing them off. In some school districts kids can get criminal records for stuff that used to get us detention. Employers seem to be getting the power to charge you with a crime for goofing off.

      This stuff will be unevenly applied, as are all excessive powers, and used only against those they don't like. Achieving that discretionary power is the point. It's hard make people care, because no one really hears what you're trying to say. So many are yelling "socialism" and "tyranny" over universal health care or fuel efficiency standards that protesting actual abuses of govermenet power, like frivolous prosecutions to torture and indefinite detention, just gets lost in the noise.

    17. Re:Most of us are criminals by Travoltus · · Score: 1

      But there's ways around it.

      I manage a data center off-site and on-site. On-site, I go to the cafeteria outside the secure area and have my fun via a nearby free wifi hotspot. If that ever happens to go away, well, at this point I'm just FUBAR'd if I have to be at work all day (which almost never happens). But I never use the company bandwidth.

      At home I have a computer that VPN's to work and all the others are free and clear.

      There are ways to beat this.

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    18. Re:Most of us are criminals by geminidomino · · Score: 1

      You don't get a geek badge until after you're the one making policy decision.

      Aren't the policy-makers usually *managers*, a creature so abhorrent that becoming one causes not only the loss of a geek-badge, but its retroactive rescinding?

      Web filter? Heh. You should see my acls for movie streaming.

      That's policy *implementation*.

    19. Re:Most of us are criminals by Beezlebub33 · · Score: 1

      In the US, it appears to be highly dependent on what sort of company you are. I've been at an LLC, and an S Corp, and C Corp, and they are all handled differently. It appears that a sole proprietorship would be different again (haven't done that).

      My salary does not currently depend on our expenses. But my bonus sure does, as does my potential raise for next year. We're a small company and we fret over things like the overhead expenses. You should see the 'spirited' discussions regarding benefits and health care costs and options. Ugh. Development is the easy part!

      --
      The more people I meet, the better I like my dog.
    20. Re:Most of us are criminals by rjstanford · · Score: 1

      So yeah, basically, if you have an employer who is a big enough dick, most of us are criminals.

      But now that we've had this ruling, we won't be able to tell if its big enough.

      Which is probably a good thing, actually.

      --
      You're special forces then? That's great! I just love your olympics!
    21. Re:Most of us are criminals by supernova_hq · · Score: 1

      Ah, I forgot about bonuses and raises. Those can definitely be messed with up here, just not the regular pay-check.

  9. WTF? by Midnight+Thunder · · Score: 2, Informative

    I agree with the guy that the was inappropriate behaviour, but get accused of hacking? Clearly the jury has no clue of technology and that the defense failed to make a credible point. I am just trying to imagine the prosecution's argument:

    "Sir, it is our belief that uploading an image from a computer he had access necessitated that he hack into a computer (that he had suitable access to), and upload to a password protected system (which he has legitimate access to), is a dangerous offense and could possibly result in the collapse of the economy"*.

    --
    Jumpstart the tartan drive.
    1. Re:WTF? by QuantumG · · Score: 2, Informative

      No.. you just didn't RTFA. The jury was presented with the law and most likely told what all juries are told "don't think for yourself, just blindly apply the law as written". The law specifically says that if you're using a computer for activity that you haven't been authorized to use it for then you're committing a felony. The thing that really should get him off is that they never published an acceptable use policy.

      --
      How we know is more important than what we know.
    2. Re:WTF? by Maxo-Texas · · Score: 5, Interesting

      Remember- jury nullification is a right our founding fathers supported.

      The appropriate answer to questions about jury nullification belief is "No" (because they really shouldn't be asking you that question in the first place and answering "Yes" would remove your right of nullifcation.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    3. Re:WTF? by Anonymous Coward · · Score: 0

      jury nullification would be great. it would work just fine if those were actual jurors sitting up there.

      but they aren't.

      all you normally see is sheep.

      i work at a courthouse. it's all just a dog and pony show.

      even when then outcome is just, it's usually just a stroke of luck.

    4. Re:WTF? by anagama · · Score: 2, Interesting

      Jury nullification may be real, but it isn't a defense one can use and the odds of it happening in any particular case are probably so close to zero that one shouldn't ever expect it to save the day. This is America after all, populated largely by hordes of people who will gladly trade liberty for temporary safety from anything, including geeks looking to get laid.

      --
      What changed under Obama? Nothing Good
    5. Re:WTF? by db32 · · Score: 1

      You might want to look that one up. Not that I disagree with the point you are making, but jury nullification basically doesn't exist anymore. It exits as a trivial technicality that can be completely ignored and can potentially be used to declare a mistrial and start again. In fact, simply being aware that it exists is frequently enough to get you removed from jury duty.

      Ultimately, it is a rather ugly two edged sword. There were more than a few cases where a white jury would use jury nullification to prevent a white man guilty of killing a "nigger" from being prosecuted. In the end we just find more creative and expensive(profitable) ways to fuck each other over, welcome to the rat race.

      --
      The only change I can believe in is what I find in my couch cushions.
    6. Re:WTF? by db32 · · Score: 1

      After rereading it occurs to me that you were already mentioning the removal from jury duty problem. (It's late, I apologize) However, even assuming you get past that point, you have to educate the others and they can still basically ignore it even if you do manage to rally the support for it's use.

      --
      The only change I can believe in is what I find in my couch cushions.
    7. Re:WTF? by Maxo-Texas · · Score: 1

      Jury nullification *always* exists as long a they have a jury system that requires a unanimous verdict.

      If you think the law is invalid, immoral or evil, you simply insist on innocence. You can give a wide variety of reasons except jury nullification for why you think that way.

      The best is simply, "I'm sorry, that doesn't convince me beyond a reasonable doubt" or "I don't know why but I strongly believe they are innocent."

      Just as you are not morally bound to answer that you are hiding and protecting people from murderers who are seeking them, you are not morally bound to give honest questions around the area of jury nullification.

      And yes- occasionally a few guilty people will get free because of it. However, I hear it is better that 99 guilty men go free than 1 innocent go to jail.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    8. Re:WTF? by Maxo-Texas · · Score: 1

      The juries that I have served on (criminal and civil) were good. We had an idiot on one who kept insisting "But they haven't PROVED the person is innocent". After much eye rolling we finally got it through to them that guilt had to be proved in america.

      The civil was very hard. To this day, I can't be sure.

      Of course, I'm from Texas so maybe the juries are a bit different here than some other areas.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    9. Re:WTF? by Maxo-Texas · · Score: 1

      No need to apologize!

      I think it is essential that you do not educate the other jurors.

      We always have the right to the privacy of our own thoughts.

      If you mention jury nullification, you may be ensuring that the unjust law will be enforced by another jury.

      As well as getting thrown into jail yourself!

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    10. Re:WTF? by Tuoqui · · Score: 1

      You cant get thrown into jail for enacting Jury Nullification because one of the principles behind a Jury that goes back to the old England times is that a jury cannot be punished for doing their job or rendering a verdict that the judge does not like.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    11. Re:WTF? by Maximum+Prophet · · Score: 1

      The jury was presented with the law and most likely told what all juries are told "don't think for yourself, just blindly apply the law as written".

      When I was called for jury duty at the Federal level, I was told, via the form letter, that the Judge would tell us what the law was, and that was the law. We were specifically told not to think for ourselves about what the law should be, but they didn't mention jury nullification. (I wasn't selected, since it was a boring case, I didn't mind being dumped)

      Anyway, I've been told that Judges will punish lawyers that attempt to tell juries about their rights to nullify. I guess it's up the the schools and "Boston Legal" to teach people that.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    12. Re:WTF? by Maximum+Prophet · · Score: 1

      When I was called for jury duty at the Federal level, I was told, via the form letter, that the Judge would tell us what the law was, and that was the law. We were specifically told not to think for ourselves about what the law should be, but they didn't mention jury nullification.

      I've been told that Judges will punish lawyers that attempt to tell juries about their rights to nullify. I guess it's up the the schools and "Boston Legal" to teach people that.

      We really need a principle or law like you Miranda Rights, that juries should be informed about nullification at the beginning of every trial. What we need is a test case where someone was bogusly convicted, and the jury members will testify that they would have acquitted if they had know about nullification.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    13. Re:WTF? by Maxo-Texas · · Score: 1

      http://www.backwoodshome.com/articles2/arnet82.html ...Judges who are hostile to jury nullification have even used their power of "contempt of court" to jail jurors, without a trial, if they believe in or discuss jury nullification with other jurors. An informed jury scares the court like nothing else. ...

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    14. Re:WTF? by Maximum+Prophet · · Score: 1

      Jury nullification *always* exists as long a they have a jury system that requires a unanimous verdict.

      If the Judge gets a sense that the jury might nullify, he can force a mistrial before the verdict, which gets a new jury. Judges and Prosecutors also routinely excuse anyone who might think for themselves.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    15. Re:WTF? by Maximum+Prophet · · Score: 1

      You cant get thrown into jail for enacting Jury Nullification because one of the principles behind a Jury that goes back to the old England times is that a jury cannot be punished for doing their job or rendering a verdict that the judge does not like.

      Plus, the defendant would have a great chance for appeal, since he can successfully argue that he would have been acquitted.

      If you are on a jury, show up, don't talk about it when you are not supposed to, and don't take bribes. Anything other than that is fair game. (although, try not to fall asleep during the trial)

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    16. Re:WTF? by Maxo-Texas · · Score: 1

      It depends a bit on the trial. For my criminal trial, they chose a several college grads (which I admit surprised us).

      We asked why afterwords and the defense attorney said he thought the evidence supported innocence and he wanted people less affected by emotion and more affected by reason.

      It was a sad case, the guy was innocent- couldn't make bail- and was in jail for about 9 months based on fairly clear lies of another convicted felon who had argument with him. The original prosecutor bailed and dumped it on a secondary prosecutor. It was like everyone knew he was innocent (except our "not proven innocent" person) but the system just ate a year of his life.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    17. Re:WTF? by mrsteele · · Score: 1

      So you should *lie* about your beliefs during voir dire? Boy, that's the pot calling the kettle black...

    18. Re:WTF? by Maxo-Texas · · Score: 1

      Just to be clear.

      YES- that is exactly what I said you should do.

      The situation that has developed in the courts and the branches of government creating the laws justifies such behavior.

      I respect anyone that feels they must speak their peace and be stricken from the jury.

      But you may be dooming someone to years of jail or death for an immoral law.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    19. Re:WTF? by Anonymous Coward · · Score: 0

      Yes, our system doesn't admit mistakes well, and doesn't do much to fix them even when it makes them. Too bad the jury couldn't convict the original prosecutor.

  10. FTA... by Darundal · · Score: 5, Informative

    He added that the city had never actually disseminated a policy regarding internet usage to tell workers what was inappropriate.

    "They had crafted one but they hadn't published it," he said. "So there was in effect no policy and no protections on the computer -- no password protection or filtering of any kind -- so basically anybody could access anything on the internet through the city's computer."

    And the statue he was convicted under:

    "No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, . . . without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, . . . or other person authorized to give consent."

    Righto.

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

      I always bring my laptop to work

    2. Re:FTA... by QuantumG · · Score: 1

      Who's network do you use?

      You might want to invest in a 3G plan.. and a tinfoil hat.

      --
      How we know is more important than what we know.
    3. Re:FTA... by ktappe · · Score: 1

      He added that the city had never actually disseminated a policy regarding internet usage...
      And the statue he was convicted under:
      "No person...without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer..."

      There are only two conclusions that can be drawn from this:

      • The judge did not read/know the law,
        or
      • The judge is 100% aware that he handed the defendant's lawyer an appeal on a silver platter
      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    4. Re:FTA... by Anonymous Coward · · Score: 0

      That should read...

      He added that the city had never actually disseminated a policy regarding internet SAusage to tell workers what was inappropriate.

    5. Re:FTA... by Anonymous Coward · · Score: 0

      Who's network do you use?

      The word you were looking for is "whose", not "who's".

      HTH. HAND.

    6. Re:FTA... by Kalriath · · Score: 1

      Doesn't matter. Some employers (like mine) go insane if you bring your own personal computer in to work at all. If it isn't theirs, it isn't there is their motto.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    7. Re:FTA... by supernova_hq · · Score: 1

      Not to mention the fact that they convicted him for using it for non-authorized use, not for accessing it (which is what the law is written for).

      Had the law stated "used for unauthorized activities" I would buy it, but he had authorization to "access" it, just not to use it for that purpose.

      It's akin to being convicted of grand theft auto for speeding in your brother's car, even though he told you you could use it.

    8. Re:FTA... by compro01 · · Score: 1

      This WAS the appeal.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:FTA... by MacGyver2210 · · Score: 1

      I think they made a mistake in this conviction because the law is worded like a slow 5-year old was trying to explain it. The computer he needs to have been unauthorized-accessing is the one on the RECEIVING end. As in, the system he logged into...on AFF.com, not the city's servers. In the end, he had consent from both parties to use their computer equipment, meaning no foul. WTF is wrong with this country?

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    10. Re:FTA... by DigiShaman · · Score: 1

      Unless the block 3389, why not just RDP into your desktop at home from your office? That's what I do. In fact, I've done this several times from Shanghai to my PC in Houston.

      Note: You can change the default RDP listening port if needed. Just search for Microsoft's KB article 306759.

      --
      Life is not for the lazy.
    11. Re:FTA... by TheBig1 · · Score: 1

      Or even better, VNC over an SSH tunnel (don't know if you can set Windows up to do this, but on any *nix machine it is trivial).

      Cheers

  11. Finding love by Anonymous Coward · · Score: 0

    On the plus side, he certainly will find love in the end.

    And by finding love, I mean being repeatedly gang-raped in prison.

    1. Re:Finding love by Anonymous Coward · · Score: 0

      On the plus side, he certainly will find love in the end.

      And by finding love, I mean prison gang-rape. And by in the end, I mean butt.

      Fixed that joke for you.

  12. Whoops, the lawyer made a typo! by Anonymous Coward · · Score: 0

    He's not being charged as a hacker, but as a whacker.

    1. Re:Whoops, the lawyer made a typo! by Anonymous Coward · · Score: 0

      -1 Redundant

  13. Look at who he works for by bzzfzz · · Score: 1

    This is why I will never take a government IT job.

    1. Re:Look at who he works for by anjilslaire · · Score: 1

      This is why I will never take a government IT job.

      You won't take a government job because they won't let you upload your pr0n?

    2. Re:Look at who he works for by bzzfzz · · Score: 1

      No, the private sector jobs won't let me upload my pr0n either.

      But if you end up doing stupid shit at one time or another and get called out on it, you just get fired, instead of being sent to the federal pen.

    3. Re:Look at who he works for by anjilslaire · · Score: 1

      Point taken

  14. Anonymous Coward by Anonymous Coward · · Score: 0

    So anyone from work looking at slashdot now can be charged with a felony.

  15. wow! just wow! by FudRucker · · Score: 1, Troll

    if there ever was a definition of dumbass in the dictionary this guy is it!

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:wow! just wow! by FudRucker · · Score: 2, Interesting

      before someone mods me down let me elaborite:

      when working for other people you dont go surfing porn, what if other people happen to see it and are offended? even children of other employees, true enough he should not be convicted of hacking but he should be fired! there are some things you just dont do at work and surfing pr0n is one of them, besides some of those adult websites are malicious and will try to tempt people in to installing malicious things such as malware, trojans and viruses, and chances are he was running an POS OS that has been famous for being vulnerable to just such attacks for well over a decade, i wont name names but this OS comes out of Redmond Washington...

      --
      Politics is Treachery, Religion is Brainwashing
    2. Re:wow! just wow! by FooRat · · Score: 2, Insightful

      It's slightly dumb, but it's only as spectacularly dumb as you suggest if you honestly think he could've reasonably expected to be charged with a crime like this as a result. I think it's obvious that no reasonable person would expect that, and most people aren't aware of such laws either. It's only easy for you to see that because of the context you're reading it in, where you happen to know the harshness of the consequences.

      What this law says is that if your company has a policy somewhere in its fine print that you can't access, say, Slashdot from a work computer, and you are caught accessing Slashdot, you can be charged with hacking as a crime. Does that really seem reasonable to you? I don't think so, I don't think any sane person thinks you'd be that much of a dumbass just for reading Slashdot on a work computer, but that is *exactly* what this law allows.

      Obviously a law like this could be abused by a boss who just doesn't like you, or wants to extort anything from you in any other way (e.g. prevent you from leaving).

    3. Re:wow! just wow! by FudRucker · · Score: 1

      FooRat, you make a good point, i can not disagree with you, this law needs to be wiped off the books, too easily abused...

      --
      Politics is Treachery, Religion is Brainwashing
    4. Re:wow! just wow! by jedidiah · · Score: 1

      Well, it depends on where you are.

      If you cause some old bitty co-worker to see something like S&M by accident and
      you do this in the deep south then you are likely to be in a world of hurt just
      based on indecent exposure laws.

      If you're an IT geek, think of the worst possible case. That's kind of your job.

      Viewing sexual materials in a public place is generally a bad idea. ...and yes your job constitutes a "public place".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:wow! just wow! by houghi · · Score: 1

      You should not surf on company time. That is it. There it should stop. Wether that is pr0n or /. should be irrelevant. And if you want to save the children, DON'T take them to the work space. Where I live we have a pretty good insurance system, but if you take your kid and something happens to the kid, the chances are very hight that the insurance will pull back and pay nothing.

      What you are saying is that porn (you can say the word, we know what you mean) is bad, but looking at violence is OK. Or playing games is OK. The first I would think is more harmfull for your children (at least I hope you try to protect your children and not somebody elses) the second also will try to install a lot of extras.

      By using "the children" to punish people who watch porn is to me like raping the future freedom of those same children you try to protect. Instead of protecting them, educate them. yeah that costs more time. Should have thought about that before you started with children.

      --
      Don't fight for your country, if your country does not fight for you.
    6. Re:wow! just wow! by Anonymous Coward · · Score: 0

      when working for other people you dont go surfing porn, what if other people happen to see it and are offended? even children of other employees,

      The children, the children, won't somebody please think of the children...

      Seriously, what the hell? I full well agree that surfing for porn while you're at work isn't exactly something you should do, but don't you think this is a bit silly? You'd have a point if he was working a kindergarten or so, but he wasn't.

      Seriously, how many children do you think there's running around at the Shelby City Wastewater Treatment Plant?

    7. Re:wow! just wow! by Cro+Magnon · · Score: 1

      IMO, it's stupid to browse pr0n from work because you're almost guaranteed to get fired. THAT is a well-known consequence of that activity.

      I do agree that criminal charges for it is totally insane, and that law should be struck down regardless of the stupidity of the pr0n guy.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    8. Re:wow! just wow! by Vexorian · · Score: 1

      You "Should not" surf in porn. However, the place he was working at did never specify any policy on what sites you may access. And not filtering whatsoever. The photos were found later in cache by the boss, so it is likely the guy wasn't showing the pics or his activities to co-workers - no sexual harassment there - Then again, if it is not morally acceptable or proper to surf while you work... You get fired. Or you go to jail for sexual harassment/prostitution laws if it is shown that your broke them. However, going to jail for 'hacking' is non-sense in this case. Completely non-sense and a misuse of that law which is starting to get interpreted as "using a computer for something I don't like" . I don't think that's really what an anti-hacking law is supposed to be used for.

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    9. Re:wow! just wow! by King_TJ · · Score: 1

      A valid point, but what about the employee who has his (her?) own office, and looks at the material behind a closed door, perhaps only on their lunch hour?

      I know plenty of sysadmins who discovered, upon close review of squid access logs and the like, that porn was being regularly viewed by upper management or even owners of the companies they worked for.

      I think the bottom line is, no, people shouldn't be doing things in the workplace that they're not being paid to do. That includes everything from surfing porn to working crossword puzzles to making/taking personal phone calls during the day. But you can't treat "pr0n" as thought it's any "worse" than those other things, by default.

      Sure, you take some measures to prevent it from becoming an issue. You block as many sites as possible with some filtering software, and you probably want employees to sign some kind of "Internet usage agreement" for H.R. to keep on file.

      But as long as the person looking at the stuff does it so discreetly, it never offends someone who "accidentally sees it" -- then it's not offending anyone else, corrupting any children, etc. etc. At that point, you may as well treat it like anything else. If a person's boss/manager becomes concerned they're wasting time doing things that aren't benefiting the company, then they have a right to request log files for the person's web usage, or whatever else they may want to review. If not, then let it go if it hasn't become a concern for anybody.

  16. consulting a dominatrix is a misdemeanor? by nurb432 · · Score: 2, Insightful

    This is a joke right? How the hell can the government make that a crime?

    May be silly, but its his choice.

    --
    ---- Booth was a patriot ----
    1. Re:consulting a dominatrix is a misdemeanor? by QuantumG · · Score: 1

      It's only a misdemeanor when money changes hands. Solicitation of prostitution is a misdemeanor no matter how kinky the sex.

      As for why solicitation of prostitution is a misdemeanor.. dude, it's the USA.. they're puritans.

      --
      How we know is more important than what we know.
    2. Re:consulting a dominatrix is a misdemeanor? by auLucifer · · Score: 1
      Unfortunately not a joke Also FTFA:

      Wolf was also convicted of soliciting a dominatrix online for sexual services, a misdemeanor.

      Definitely his choice if he wants to be slapped around like the naughty little boy he apparently is. I hope, for his sake, that he won't have to serve any amount of prison time or he'll get all the rough love he can handle.

      --
      If I was witty I'd put something funny here but, as it stands, I am not and have just wasted seconds of your life
    3. Re:consulting a dominatrix is a misdemeanor? by PAjamian · · Score: 4, Informative

      dominatrix != prostitute as usually there is no actual sex involved, hence prostitution laws do not apply.

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
    4. Re:consulting a dominatrix is a misdemeanor? by QuantumG · · Score: 1

      Hehe.. clearly you have never consulted a dominatrix.

      :)

      --
      How we know is more important than what we know.
    5. Re:consulting a dominatrix is a misdemeanor? by PAjamian · · Score: 5, Insightful

      Clearly you don't understand the difference between a professional dominatrix and a prostitute who simply dresses up and gives a light spanking.

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
    6. Re:consulting a dominatrix is a misdemeanor? by Anachragnome · · Score: 1

      "Umm...yeah, I'm here...No, GM...I mean Officer Ell'iWyll, we weren't doing that at all. We were role-playing."

    7. Re:consulting a dominatrix is a misdemeanor? by QuantumG · · Score: 1

      |Read|

      --
      How we know is more important than what we know.
    8. Re:consulting a dominatrix is a misdemeanor? by Anonymous Coward · · Score: 0

      Yeah, that's your favorite response when you get pwned.
      It doesn't make you look any less pwned.
      It does make you look like you have a fragile ego.

    9. Re:consulting a dominatrix is a misdemeanor? by Anonymous Coward · · Score: 1, Funny

      Clearly you haven't been married to a professional dominatrix. Ever met a pregnant lady with a bullwhip? Oh, what I would have given for midnight trips for pickles and ice cream...

    10. Re:consulting a dominatrix is a misdemeanor? by PAjamian · · Score: 4, Interesting

      Actually my wife and I are lifestylers. A bullwhip is just one of the many toys in our collection.

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
    11. Re:consulting a dominatrix is a misdemeanor? by Anonymous Coward · · Score: 0

      0_o

    12. Re:consulting a dominatrix is a misdemeanor? by Anonymous Coward · · Score: 0

      We're traditionalists. Fewer toys, more creative applications. It's just that the pregnancy made her really energetic, even to the point that weird questions started coming up at the kickboxing gym.

      "No problem. Yes, the proverbial shit is under control. No, I do NOT need a 'wingman.'"

    13. Re:consulting a dominatrix is a misdemeanor? by Repossessed · · Score: 1

      Professionals aren't quite the same thing as lifestylers.

      --
      Liberte, Egalite, Fraternite (TM)
    14. Re:consulting a dominatrix is a misdemeanor? by Repossessed · · Score: 1

      Dammit, ignore me, I misread some thing about 5 posts up.

      --
      Liberte, Egalite, Fraternite (TM)
    15. Re:consulting a dominatrix is a misdemeanor? by Anonymous Coward · · Score: 0

      I wish I can mod you informative. But as an AC, I don't get mod points.

    16. Re:consulting a dominatrix is a misdemeanor? by MBGMorden · · Score: 1

      Even if there were sex involved sometimes it gets hard to get a conviction, which is why the escort industry is so rarely targeted for legal action. Essentially, to be convicted of buying or selling sex you have to be caught actually doing that.

      As in, "Hey baby I'll give you $200 to come back to my place and get it on!". 5 minutes later you're in cuffs. Same goes for the sellers/prostitutes. Street prostitutes and their customers are far more likely to be naive and/or ignorant regarding these things and hence slip up for more often, allowing more convictions.

      Escorts though, and the dominatrices who do end up having sex (and yes, I know that the majority do not) are far more cautious to not specifically mentioned any explicit services - and will usually dismiss or turn away any customer the instant that they mention such. Instead, they offer their "time" for a set rate, and if anything additional happens (which it inevitably does unless they feel something isn't right) then it's considered to just be two consenting adults engaging in mutually consensual intercourse.

      Essentially, as part of any contractual agreement, you merely paid the escort to hang out at her hotel (or her at yours) for an hour. After that she just found you so irresistible that things got heated and took their natural course.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    17. Re:consulting a dominatrix is a misdemeanor? by PAjamian · · Score: 1

      As in, "Hey baby I'll give you $200 to come back to my place and get it on!". 5 minutes later you're in cuffs.

      That has an entirely different meaning when thinking of a dominatrix vs a prostitute. ;-)

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
  17. You'd be surprised. by PCM2 · · Score: 1

    I hear lots and lots of anecdotal stories about people using their work PCs to surf porn. I know somebody who lost his job because of it. Then you hear of cases where an employee -- and I mean big-level management, now, not just some schmuck -- turns a laptop in to IT because "it has viruses" and the IT staffers find that the hard drive is completely full of porn. Of course the exec protests: it must have been his kids getting into his computer. But sure enough, firewall logs show that it was probably all him, from the office. Whether this is because people are unwilling to pay for broadband at home, they just lack common sense, or there really is such a thing as "porn addiction," I'd venture is open to speculation.

    --
    Breakfast served all day!
    1. Re:You'd be surprised. by __aaclcg7560 · · Score: 1

      At my last job, the excuse was "foreign currency converter" websites (what the foreign currency was converted into was never mentioned).

    2. Re:You'd be surprised. by MillionthMonkey · · Score: 1

      Where I work, they'll just copy the porn for themselves and then wipe the drive.

    3. Re:You'd be surprised. by Nethead · · Score: 2, Insightful

      No, it's because the wife and kids are at home. Mr Bigshot likely isn't the big-shot at home.

      --
      -- I have a private email server in my basement.
    4. Re:You'd be surprised. by Anonymous Coward · · Score: 0

      Actually it's true. How else are they going to read the billing statement for their German Schisse and Russian Teens site access?

    5. Re:You'd be surprised. by fishbowl · · Score: 1

      What I hate is seeing backups take forever because of people's entertainment content, porn or otherwise. I also hate the fact that I'm putting this stuff on LTO-4 tape (not cheap) and sending it offsite for archival storage (even less cheap.)

      --
      -fb Everything not expressly forbidden is now mandatory.
    6. Re:You'd be surprised. by JCSoRocks · · Score: 1

      I've seen this a few times in IT. In one case I felt compelled to take it up with management. For the most part if I come across a few unsavory things on someone's machine I'll delete it and move on. One particular time always stands out though. The guy complained about the performance of his machine. When I got on there it was absolutely packed with porn. Browser history showed that he literally spent the entire day surfing porn. I have no idea when, if ever, he did any work. Needless to say... he wasn't around for long after that.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    7. Re:You'd be surprised. by supernova_hq · · Score: 1

      I know a guy who got a laptop provided by his work. The guy who had it before him had loaded it FULL of porn, but the local IT guys (main office was not local at all) couldn't remove it due to restrictions on the laptop.

      So basically, this guy was GIVEN a laptop FULL of porn and nobody could do anything about it! :p

    8. Re:You'd be surprised. by Guido+von+Guido · · Score: 1

      I vote for "dumb."

      I know of an organization where a guy on the IT staff made a mistake and put some of his own files on the gold image they were using for machines. Why yes, they were porn.

      But not just any porn. No, this was home-made, amateur porn, featuring himself as one of the actors.

      Better yet, he hadn't come out to his coworkers yet. However, a couple dozen of his coworkers quickly discovered that he was in fact gay at more or less the same time.

  18. Persecution, not prosecution by unlametheweak · · Score: 5, Insightful

    The case began when Larry Wise, the Superintendent of the Shelby City Wastewater Treatment Plant, where Wolf was employed, was deleting old files from a work computer and found a nude photograph of Wolf.

    and

    Initially he was suspended while police investigated the case, but was promoted after he returned to work. He lost his job, however, when he was convicted of the charges.

    The important question would be why his employer even phoned the police in the first place. This is one of those bizarre situations where it is obvious that the person was persecuted for a lifestyle choice and not for what he did or didn't do at work. As stated in the article, he would not have been prosecuted if he would have looked at horticultural Web sites [and uploaded pictures of flowers].

    1. Re:Persecution, not prosecution by SleepingWaterBear · · Score: 4, Insightful

      As stated in the article, he would not have been prosecuted if he would have looked at horticultural Web sites [and uploaded pictures of flowers].

      Mod parent up! The hacking charge isn't the important thing here, this is! The law is being used in an an unbalanced fashion to persecute someone not because of the crime he committed, but because he doesn't conform to the social norms of the leaders of his community. This is disturbingly close to burning people at the stake because they don't share your beliefs, and should not be tolerated.

      This man's life is going to be in chaos for years dealing with the results of this. The question to ask is, is that a fair punishment for someone who uploaded flower pictures from work?

    2. Re:Persecution, not prosecution by Anonymous Coward · · Score: 0

      I don't know if this is the situation, but what if he used a proxy to bypass the filters at work? Then it could be legitimately considered a hacking offense, probably, if it is stretch appropriately.

    3. Re:Persecution, not prosecution by unlametheweak · · Score: 2, Informative

      I think also, it's probably a matter of a supervisor just being an Authority figure (an Authoritarian figure; i.e. using and abusing his Authority just because he thinks he can). Sorta like some security guards and police officers can be overly enthusiastic in telling people what they can't do. I think the wrong person got punished here.

      I remember writing up an assignment in a "business" class once where I recommended that a hypothetical character in the assigned problem be given counseling and a second chance. The teacher asked if she could share this assignment with the class and it received a standing ovation after she finished reading my paper. Other similar experiences like this happened to me (and not anybody else in the school that I am aware of) in other business classes with other teachers. In the real world I end up being put on the shortlist for layoffs and, in at least one situation, somebody noticed suggestions in the suggestion box sitting unanswered and unread for many months. I guess that's why they refer to school as "the ivory tower". I've even had one (workplace) supervisor say that I have poor English skills. (I've been ranked as having a near perfect IQ in the communications section on IQ tests... and I've had many, from schools, companies and the military). Go figure. I'll take my Mod points when I can get them -:)

    4. Re:Persecution, not prosecution by unlametheweak · · Score: 1

      The article doesn't get into technical details, but it is stated that it was the specific Website that cause the criminal probe and prosecution. Using Web proxies as a "hacking" tool is a dubious legal claim. But yes, almost anything seems possible in the judicial system (and I specifically won't single out the US here).

    5. Re:Persecution, not prosecution by westlake · · Score: 0, Troll
      The important question would be why his employer even phoned the police in the first place. This is one of those bizarre situations where it is obvious that the person was persecuted for a lifestyle choice and not for what he did or didn't do at work

      You have to know why the photograph was on your system. You have to know how it was being used.

      You can't take the man's word as gospel.

      You need answers and you need them now.

      The mayor won't be pleased when a secretary files a ten million dollar lawsuit for sexual harassment.

      He will be even more unhappy when your man is arrested by the feds for soliciting minors on online -

      and he'll be really - royally - pissed off if comes out later that you tucked the photograph away and did nothing.

    6. Re:Persecution, not prosecution by Culture20 · · Score: 4, Funny

      As stated in the article, he would not have been prosecuted if he would have looked at horticultural Web sites [and uploaded pictures of flowers].

      Unless he worked for Monsanto.

    7. Re:Persecution, not prosecution by unlametheweak · · Score: 0, Offtopic

      As stated in the article, he would not have been prosecuted if he would have looked at horticultural Web sites [and uploaded pictures of flowers].

      Unless he worked for Monsanto.

      Touché! Excellent reply! I've never asked anybody to up-mod a parent post (as far as I can recall, much less an apparent repudiation to my own post), but you've got the rhetorical skills that impress me. Give the parent an Underrated or Funny mod. Very good. Thanks for the reply, I appreciate it!

    8. Re:Persecution, not prosecution by unlametheweak · · Score: 5, Insightful

      The statements you make (many of which are completely bogus and worthy of a Troll Moderation) do not necessitate the involvement of law enforcement (in this particular situation).

      You have to know why the photograph was on your system. You have to know how it was being used.

      I question the whole rationality of your statement (without trying to sound like a Troll, but just merely using Logic). I will elaborate; you do not have to know why a naked picture of an employee is on a companies computer system. Of course it is an oddity, and probably something that should be taken up my management and not by law enforcement. Nude photographs of adults are not illegal (or even of minors, necessarily, but that would be a tangent). Nude photographs of oneself are not even immoral (you need to trust me here and have some faith. Presumption of innocence isn't just a legal matter).

      You can't take the man's word as gospel.

      Of course not. Most people lie, but I always give people the benefit of the doubt unless or until I observe evidence to the contrary. It would be fair to presume that this supervisor is not a legal expert and probably only made the worst assumptions. I doubt if this supervisor would have realized that merely going to a Web site (and interacting with the people on it) that was not directly related to company business was illegal; hence the abusive nature of the supervisors behavior. Considering that (from what I've read from the article at least) nothing illegal could possibly be presumed (without going out of the way to consult a an aggressive lawyer with courtroom ambitions), nothing of a criminal nature should or logically could have been presumed. This is (at least) an over-reaction, and in a Democratic society shouldn't have even been given consideration by the courts (the abuse of the law here apparently trumps my assertions however).

      You need answers and you need them now.

      No offense, but that's a Bullshit statement. I need answers now all the time when I deal with the incompetency, immorality, and illegality of all the companies and bosses I have ever worked for. Of course I'm on the ass-end of the Totem-pole and the pecking order so my righteousness and logic will always get me fired and without job references. Your statement is unfounded.

      The mayor won't be pleased when a secretary files a ten million dollar lawsuit for sexual harassment.

      This is definitely a red-herring Troll. I will "risk" being down-modded by stating this. So be it. There is no evidence of sexual harassment here. There is however, implications of a fishing expedition on behalf of Management.

      He will be even more unhappy when your man is arrested by the feds for soliciting minors on online

      Another Troll. I will go out of the way and state that you should be down-modded because you are going out of your way to suggest unsubstantiated illicit behavior. The person who up-modded you should be punished through meta-moderation.

      and he'll be really - royally - pissed off if comes out later that you tucked the photograph away and did nothing.

      Another Troll. Use some logic. You are advocating fishing expeditions and witch hunts. You are an Asshole. I say this not out of spite, but merely as an observation. I will let the Moderators judge me.

    9. Re:Persecution, not prosecution by TheTurtlesMoves · · Score: 1

      The law is being used in an an unbalanced fashion to persecute someone not because of the crime he committed, but because he doesn't conform to the social norms of the leaders of his community.

      You really think "leaders of the community" don't look at porn? Really?

      There is something missing from this story.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    10. Re:Persecution, not prosecution by Kjella · · Score: 4, Insightful

      Here in non-freak country he'd probably be pulled aside an quietly disciplined for "misuse of company reesources" at most. Even in sue-happy sexually repressed US I figured it would be nothing more than a firable offense. Going from "found a nude picture" to "maybe soliciting minors online" isn't just jumping at conclusions, it's taking the Grand Canyon leap. So if I'm looking up baseball bats online, you'd better make sure I'm not planning to beat the ex-gf to death with it? Because like, that's so like the usual way the use a bat mmkey? The whole post and moderation makes me glad I don't live in the US, though of course I got other annoyances...

      --
      Live today, because you never know what tomorrow brings
    11. Re:Persecution, not prosecution by Anonymous Coward · · Score: 0

      The thing is, the person he answers to is indeed trolling by throwing around false statements like the one below. The word 'troll' was used a bit too many times, but the writer in my opinion was still correct...

      "He will be even more unhappy when your man is arrested by the feds for soliciting minors on online"

      ...I haven't got karma to burn, so I'll fade to anonymity

    12. Re:Persecution, not prosecution by unlametheweak · · Score: 1

      TO BE CLEAR: this isn't because I disagree with you. It's entirely because you toss 'troll' around like some people toss 'retard' and 'gay' around.

      Perhaps you're right. "Troll", by definition, refers more to the motivation of the poster, rather than to what he says. I originally gave the poster the benefit of the doubt, but on re-reading his comments (more than once) I was convinced that he had an agenda. Yes, this is an opinion. My opinion may be wrong. My experiences of talking with people over the many, many years of my life, has persuaded me to make that statement. If I am proved wrong I will apologize. I certainly respect and understand your opinion to Foe me. Perhaps "Troll" has more emotional meaning for you than for me. I try to be logical (and unemotional) when I make statements.... well, by "unemotional", I mean that I am aware of my biases and try to see through them. My statements were certainly not meant to offend, but to make a point. For what it's worth, one of my long term "Fans" de-Friended me because I referred to a journal entry of his as a Troll. I didn't think he would take it personally. I don't think I am wrong in my evaluation, but your comment (and my other experience) gives me food for thought. I will give more thought to the use of that term.

      As usual, my two cents,

      UTW

    13. Re:Persecution, not prosecution by Tuoqui · · Score: 3, Insightful

      1) He had legit access to the network. (as an Employee at the time)
      2) He went to a website that probably ends up on everyone's spam ads. (God damn I'm thankful for Adblock Plus)
      3) He stupidly posted a naked picture of himself. (Epically dumb move to do from the office)

      Sorry but no hacking here, just a good load of stupidity. Quite possibly against company internet access policy and what not likely resulting in him being fired from his job but under no circumstance should the guy have been thrown in jail.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    14. Re:Persecution, not prosecution by slackbheep · · Score: 1

      I'm not sure if the hacking charge is stupider than uploading pictures of your johnson from work or not...

    15. Re:Persecution, not prosecution by unlametheweak · · Score: 1

      OK, since you were thoughtful enough to tell me why you Foed me (which I really do appreciate), I will tell you why I think you are wrong in your decision.

      1) You admitted and realized that my statements about the poster where true (he is a Troll). I'm being presumptuous here when I say that, but your wording tacitly implies that you agree with me (but you probably think I was being too curt in my demonstration). Sometimes (I believe) it is best to tell people outright the truth (of what I think about their statements, regardless of what the person may think).
      2) You admitted (outright here) that what I said was True. You were disappointed and offended at the way I expressed myself, but you do generally agree with my statements. (OK, I know you probably think I'm talking down to you, but I also think you are probably intelligent enough to see through your own biases.)

      I may be totally fucked up and wrong about my impressions and statements about what you think and perceive (give me some latitude here, I'm not a mind reader, but just making some presumptions based on experiences and perceptions).

      At any rate, I'm just stating that, no matter how gruff I may appear, there is usually some thoughtfulness behind what I say. Method in the madness some would say. Keep an open mind!

    16. Re:Persecution, not prosecution by Hognoxious · · Score: 1

      Unless you're employed as a pr0n star.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    17. Re:Persecution, not prosecution by LordKronos · · Score: 1

      A social norm is different from a private belief or private practice. It's just like all those elected officials who run a crusade against homosexuality, and then it turn they've been closet homos all along. The social norm is the behavior you display publicly because you feel it is what is socially acceptable, but it often doesn't represent what you do privately. You might swear up a storm in your own house, but go into a more public setting (such as at work or someplace where a bunch of kids are around) and you'll probably hold back on such colorful language.

    18. Re:Persecution, not prosecution by b4upoo · · Score: 1

      Are you suggesting that community leaders don't post on Adultfriendfinder? I'll bet community leaders are over represented at the perve sites.

    19. Re:Persecution, not prosecution by Anonymous Coward · · Score: 0

      In that case he'd be in prison for "stealing" his employers intellectual property or leaking company secrets.

    20. Re:Persecution, not prosecution by genner · · Score: 1

      The law is being used in an an unbalanced fashion to persecute someone not because of the crime he committed, but because he doesn't conform to the social norms of the leaders of his community.

      You really think "leaders of the community" don't look at porn? Really? There is something missing from this story.

      It wasn't just porn it was an adult personal which means some personal info was posted. I'll bet large sums that this guy is gay and his employer is a homophobe.

    21. Re:Persecution, not prosecution by X0563511 · · Score: 1

      You're right. And I must have been having a shitty day, because looking back I was being a moron for little reason.

      I apologize. I'll take my troll (and whatever this gets) mods as punishment.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    22. Re:Persecution, not prosecution by unlametheweak · · Score: 1

      Thanks for the apology. FYI, I don't think you should have been labeled a Troll for merely expressing an opinion; I'll restate that the formal definition of Troll (as I understand it) really depends on the intent which I don't see here. FYI, I have comment moderations set in my preferences to message me whenever I receive a Moderation. Apparently you are not alone in the opinion that my post was a Troll, seeing as that there was some up and down activity in regards to Moderation here.

      Best regards,

      UTW

  19. If Lawyers and Judges don't like it its criminal. by Anonymous Coward · · Score: 4, Insightful

    Lawyers (that includes Judges) can do anything they want to you and get away with it. They have erected a multitude of laws and offenses. You are going to be guilty of at least one even if they have to stretch it like they have here. One more reason the break their Guild.

  20. Umm by twoears · · Score: 1

    Isn't Drew Carey from Ohio, too? Case closed!

  21. So did he hack or not? by fluffy99 · · Score: 1

    The article never discusses whether he took actions to circumvent existing filtering or firewalls. If he did, they yes he is guilty of the crime.

    1. Re:So did he hack or not? by Neon+Aardvark · · Score: 2

      The article never discusses whether he took actions to circumvent existing filtering or firewalls. If he did, they yes he is guilty of the crime.

      "So there was in effect no policy and no protections on the computer -- no password protection or filtering of any kind -- so basically anybody could access anything on the internet through the city's computer." From TFA.

      --
      Azural - instrumentals
    2. Re:So did he hack or not? by jd · · Score: 1

      To an extent, perhaps, but the jury seems to have been provided not with evidence of firewall bypassing but rather with material the jury was likely to find offensive.

      So, personally, although I have little sympathy for the guy, I believe the jury was emotionally manipulated to provide a guaranteed answer (a jury version of the leading question) rather than being provided with the facts of the case and the laws by which those facts should be examined.

      The techniques you hear of in legal cases are not much different from the techniques used by cults and dictators who want you to make up your own mind... provided it agrees with what you're told to think.

      The rest of the case, and indeed the anger at the allegations involved, is largely immaterial. If the jury is not being manipulated by a couple of con-artists trying to out-con each other, but rather is being presented evidence by two lawyers attempting to show that there's more to it than the other person's viewpoint, the jury could sort out for itself what was a sensible, mature use of law and what was bigotry.

      Well, assuming the jury had 12 intelligent, rational people on it, which is even less likely than two non-cthulhic lawyers.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:So did he hack or not? by Locke2005 · · Score: 1

      Perhaps the jury was jealous because the jury wasn't hung, but the defendant was.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    4. Re:So did he hack or not? by fluffy99 · · Score: 1

      But it also said "...in violation of established work practices..." so it wasn't real clear to me. I'd guess no explicite policy was put published as the article mentioned, but that his use violated basic work ethics (meaning he wasn't getting any work done).

    5. Re:So did he hack or not? by Cro+Magnon · · Score: 1

      Well, assuming the jury had 12 intelligent, rational people on it, which is even less likely than two non-cthulhic lawyers

      Actually, it shouldn't need 12 rational people. It should only take one to block a criminal conviction. Admittedly, if the other 11 are fools, the holdout would also need to be stubborn enough to resist peer pressure.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    6. Re:So did he hack or not? by fluffy99 · · Score: 1

      You could claim he already had access, and didn't commit act act to gain that access.

  22. I fully agree with Rasch. by Jane+Q.+Public · · Score: 5, Insightful

    This is a classic example of an overly-broadly-worded law that is now being used to prosecute people to whom the law was never intended to apply.

    WHENEVER your Congresscritters -- or eve City Council -- want to pass a law that is too broadly worded, oppose it. I did once, and was told "It will never be enforced that way." My reply was, "If it is not intended to be enforced that way, why was it written that way?"

    When you give the government power to do something, eventually it will... even if that was not your intent. So make sure the intent is clear, and just do not give them powers that you do not intend them to use.

    1. Re:I fully agree with Rasch. by Anonymous Coward · · Score: 2, Interesting

      When you give the government power to do something, eventually it will... even if that was not your intent. So make sure the intent is clear, and just do not give them powers that you do not intend them to use.

      This is not just the government that does this, it applies to *everything*.

      In 1998 I worked for an ISP startup. The contract from our fibre provider had words to the effect of "you will not re-sell the service". I told the management that *everything* we were planning was a violation. He went back to the telco rep who told him "oh, don't worry, that's just if you're planning on selling fibre to others, that sort of thing. We'd never attempt to use that clause to stop you from providing dialup or DSL." I responded that even though the intent was one thing, the effect was something else, but was overruled.

      Three years later when it came time to renew the contract, the new telco rep told us "oh - we had no idea you would be selling dialup and DSL.. you're clearly in violation of the contract! If you're gonna re-sell the service, we'll have to renegotiate the contract, our prices start at 10X your current amount."

    2. Re:I fully agree with Rasch. by jimicus · · Score: 1

      I've written exactly the same type of letter in the UK, and got exactly the same type of response.

      IME, the question "So why was it written that way?" seldom gets a sensible answer - 9 times out of 10 the replies I've had are more "pat on the head, don't worry your little head about it" than "Good point - I intend to bring this matter up".

  23. Personal Photocopying by nurb432 · · Score: 2, Insightful

    Isn't any different, and i don't see any jail time associated with that sort of act.

    --
    ---- Booth was a patriot ----
    1. Re:Personal Photocopying by Shikaku · · Score: 1

      So if I photocopy a CD will I be sued by the RIAA for piracy? And be fired too?

    2. Re:Personal Photocopying by Anonymous Coward · · Score: 0

      And considering that there's a computer inside almost every copier, the laws used here should indeed apply in the same way. There's also a computer inside almost every car (the ECU), so if you should stray only an inch from the shortest fastest route in the compay car, you're a hacker!

  24. Re:NEWS: Public employee fired for not working! by Darkness404 · · Score: 5, Informative

    The problem wasn't that he was fired, it was that he was charged with a hacking felony for something that wasn't related to hacking.

    --
    Taxation is legalized theft, no more, no less.
  25. Confused from the start by hurfy · · Score: 3, Funny

    I am still stuck at step one...

    They found a nude picture of an employee on a work computer and...call the cops?

    The cops and DA must be awfully friendly with the treatment plant bosses, i can't imagine calling that in from work here and getting any kind of coherent response from the cops. Especially as they didn't care about the employee that stole nearly $10,000 in merchandise because they couldn't 'prove' it. (apparently any one is likely to have a stack of adult diapers, foam bed pads, 20,000 latex gloves, etc in their garage just like their employer...)

    1. Re:Confused from the start by brkello · · Score: 1

      It is a casual sex dating site. He was uploading naked pictures of himself so that he could meet other people to have sex with. It is like going to a bar and instantly being able to figure out who is going to put out.

      ...that makes it sound better than it really is.

      --
      Support a great indie game: http://www.abaddon360.com
    2. Re:Confused from the start by Concerned+Onlooker · · Score: 1

      Are you saying the employee was an astronaut?

      --
      http://www.rootstrikers.org/
    3. Re:Confused from the start by Anonymous Coward · · Score: 0

      pparently any one is likely to have a stack of adult diapers, foam bed pads, 20,000 latex gloves, etc in their garage just like their employer..

      What, you don't?

  26. is it just me by atarione · · Score: 4, Funny

    or is work the last place I want to have a boner

    "can you stand and give your presentation"

    ummm... no.....

    --
    actually I am happy to see you, however that is in fact a banana in my pocket.
    1. Re:is it just me by Zapotek · · Score: 1

      Oh math class, true story...
      The girl that went on first was so hot no boy could stand up after her, myself included...why hide it anyways.

  27. They made the call--now let them live with it by Anonymous Coward · · Score: 0

    More details...

    TFA is light--does anyone know what city he works for, and what county/etc held up this decision? I'm not in the area right now--but I had an offer in Columbus about four years ago. Laws (or abuse of such) like that are enough for me to tell any potential employer in the entire state that I would never consent to work any job in such a region under any condition, for any amount of compensation (happy enough right now, TYVM--I'll reconsider if I experience serious fiscal distress).

    Sure--the dream of an outright IT worker boycott will never happen--but let's see how well they hold up when any decent, well educated IT professional who keeps up on the news refuses to work for them for anything less than an exorbitant rate sufficient to buy insurance against getting caught reading /. on the job. Yeah...I'll go for the exorbitant rental rates in California before I ever consider a job in Ohio at this rate...

  28. How to deal with this type of accusation by whoever57 · · Score: 1

    If there are no published policies, demand that hard drives from the bosses and other people in the office to show that such conduct is not unusual.

    --
    The real "Libtards" are the Libertarians!
  29. I was caught hacking at my desk by jollyreaper · · Score: 3, Funny

    Coworkers thought I was coughing up a lung. Damn cold.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  30. It was just a spell check problem by RexDevious · · Score: 1

    They meant to charge him with "whacking".

  31. Uploading naked pictures, sounds familiar by QuantumG · · Score: 5, Interesting

    I worked at a company of about 40 men and 2 women. One of the women was the owner's wife, the other was the receptionist.

    The receptionist was a "geek girl" and hung out on some overclocker forums, and so did a bunch of the guys. This girl decides it would be fun to post naked pictures of herself on this forum. The guys totally fell for the bait and started inviting guys who were not on this forum to come over to their computer and have a look. This went on for a few days and eventually my supervisor happened to get invited to take a peek.

    No-one really considered that my supervisor was a part owner in the company. I mean, they knew, but they never really thought that he would be more interested in protecting his stake in the company than being "one of the boys". He was shocked that these idiots were passing around naked pictures of a fellow employee (they weren't but hey, close enough) so he went straight to the boss. The forum was blocked.

    Everyone who had looked at the pictures was suspended for a week without pay. One of them complained about this, saying that they didn't put the pictures on the site, that this girl did, and why wasn't she being suspended? He was told to drop it, wouldn't, so he was fired.

    Later, they had a quiet word with the girl and recommended she not come back after xmas.. and she agreed.

    Thankfully the courts were not involved.

    Sexual harassment laws make hostile workplaces.

    --
    How we know is more important than what we know.
    1. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 1, Funny

      Pics or it didn't happen.

    2. Re:Uploading naked pictures, sounds familiar by MichaelSmith · · Score: 1

      Sexual harassment laws make hostile workplaces.

      But as you said they were being idiots. Some people just want to do their jobs without that sort of stuff happening in the next cube. Sexual harassment laws are there to protect those people.

    3. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      I see a story, and I see a political statement, but what I'm missing is a logical connection between them.

    4. Re:Uploading naked pictures, sounds familiar by QuantumG · · Score: 2, Interesting

      Really? A girl puts naked pictures of herself on the internet. She has no problem with her co-workers looking at them. Said co-workers only show the pictures to people who are similarly minded. The fear of litigation causes the girl to lose her job and the co-workers get reprimanded, one of them gets fired too. How can you not come to the conclusion that the law did more harm than good?

      --
      How we know is more important than what we know.
    5. Re:Uploading naked pictures, sounds familiar by Renraku · · Score: 1

      Sexual harassment laws are certainly necessary, but do need to be reformed.

      As it stands, you can get about anyone fired by claiming sexual harassment. If they don't get fired then you can just quit and sue the company for a few million and settle out-of-court for ten thousand or so. This is with NO proof, NO prior record, etc.

      Its pretty much a blank check for whoever wants to claim sexual harassment.

      Human resource departments work with legal matters all the time, and they start to foam at the mouth whenever they hear sexual harassment. Its a lot harder to win a sexual harassment suit if the company has already fired the accused harasser. They create a hostile work environment simply because of the dire consequences. You're certainly going to lose an employee or you're going to pay up..be it legal fees..settlement fees..or lawsuit fees.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    6. Re:Uploading naked pictures, sounds familiar by QuantumG · · Score: 1

      Ya know, I really don't have much of a problem with laws to stop people being harassed, sexually, in the work place. What I have a problem with is the incessant "we want to avoid a sexual harassment lawsuit, so you have to submit to .. [whatever they want this week]" .. and, frankly, that goes for any other sort of lawsuit too. Somehow "sexual harassment" in the workplace got confused with "being offended by sex" in the workplace. Here, in Australia, they've extended sexual harassment to be a subset of a bigger crock of shit, "creating a hostile workplace". I guess this was supposed to stop bullying. The laws are deliberately open ended and poorly worded, and employers are deathly afraid of them.

      --
      How we know is more important than what we know.
    7. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      More importantly, sexual harassment laws create hiring discrimination. While I'm going to speak as an AC in all respects, I AM personally aware of a distinct preference for male employees in several businesses purely as a result of nasty harassment suits. The thought is, "why take the risk?"

    8. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      That makes me a sad panda.

    9. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      Do you have any links to these pictures? Thankfully I don't work where you do, so I can look at them and not lose my job.

    10. Re:Uploading naked pictures, sounds familiar by ffflala · · Score: 1

      A truly remarkable story! Oh btw, which forum was that again...?

    11. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      I agree. It is extremely easy for a girl to claim sexual harassment in the US especially and get away with cold murder. It makes talking to women in the workplace almost impossible sometimes.

    12. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      Sooooo.... got a link to that forum? :)

    13. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      Pix or it didn't happen! (awww yeah!)

    14. Re:Uploading naked pictures, sounds familiar by Anonymous Coward · · Score: 0

      Yeah especially when you work for brain dead bosses who don't understand the law and over react. But you have no one to blame but yourself if you chose to work for such an ass clown. All it would have taken was some solidarity on the part of the workers. Seems like a pretty retarded boss anyway if he can suspend a "bunch" of people at the same time in a 40 person company. Did they do any real work?

  32. The Ad above this by L3370 · · Score: 0

    Anyone find it funny that the advertisement showing up on this thread is for Bluecoat products?

    1. Re:The Ad above this by MichaelSmith · · Score: 1

      I just thought it was normal that half the sites /. links to talk only about bluecoat. Must be a popular product.

  33. How to stop internet abuse at work by Anonymous Coward · · Score: 0

    Post a public list of what websites each employee visits every month (after getting permission through company policy). This will reinforce the notion that company computers are not for private use and generate enough potential for shame that most employees will steer clear of things usually deemed inappropriate at work.

  34. Here is another such tale... by Tokolosh · · Score: 2, Interesting

    n SC we are very liberal and accepting of diversity. Our local county administrator used his work computer for some naughty activities and was issued a "verbal warning".

    The councilman who outed him by putting spyware on his system is in deep doo-doo.

    http://www.greenvilleonline.com/apps/pbcs.dll/article?AID=2009905050317

    --
    Prove anything by multiplying Huge Number times Tiny Number
  35. Your Porn Actor name is... by funwithBSD · · Score: 1

    Steel Data!

    --
    Never answer an anonymous letter. - Yogi Berra
  36. This is a bogus law by Orion+Blastar · · Score: 1

    and poorly worded. You can be charged as a hacker just by surfing the wrong web site.

    I remember when my managers couldn't tell the difference between MSN and MSDN, and they even paid for a subscription to MSDN for us developers to use. I went on MSDN looking up for bug fixes, service packs, and anything else to help with my development and debugging duties. I was told that my use of the Internet was against usage policies (it wasn't it was work related and computer development related materials from Microsoft that my employer was paying for) even if everything I did was work related and my manager told me to go on MSDN and research some problems we were having with Microsoft software.

    In short, you could be just doing your job like I was, and still get into trouble for Internet usage. That law is meaningless when the description is so vague that almost any Internet usage management does not like can be considered "hacking" or against their Internet use policy.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  37. Inappropriate use? by Locke2005 · · Score: 1

    Extremely bad precedent, that any use the employer doesn't approve of is considered criminal hacking. I suspect most employers don't appreciate you accessing monster.com or dice.com from work either, but I've done it many times. Now they are saying if I actually find a better job, they can have me arrested? Trust me, I've worked for people that were big enough dicks that they would do exactly that!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  38. "Authorization" by Sloppy · · Score: 4, Insightful

    DMCA uses the same trick. Circumvention (a thing you're never allowed to do) is defined as bypassing blah blah blah "without authorization."

    Which sort of almost makes sense, except that the body that makes this law, isn't the party that grants/denies authorization, nor sets up a regulatory agency to do so. It's a third party, a private party. Who decides if you may or may not bypass a technological measure that limits access? Who decides when you can upload a nude picture of yourself? Not the government, not the people's elected representatives; they haven't prohibited or allowed either activity. Someone else decides.

    BTW, the decision of granting/denying authorization need not ever even be communicated. It's bad enough that reading the legislation and case law won't tell you whether an act is illegal; the party who decides whether it's illegal or not, need not even tell you. In this particular case (uploading nudie pics to a hookup site), it seems .. well .. obvious that the user wasn't authorized to use the computer for that (though I guess sometimes "obvious" is in the eye of the beholder), but the end of TFA talks about how the policy was drafted but not distributed -- yet it was still enough for a conviction.

    You might think that the safe thing to do, is always assume you don't have authorization to do something, unless you know that you do. Surely that makes sense, right? Nope. Look at any of your DVDs. Does a single one of them say you're allowed to bypass the protection? Every DVD player, even the DVDCCA-licensed ones, bypasses the protection. What you don't know, is whether that's circumvention or not -- whether your act of bypassing the protection was authorized or not. Millions of people have played DVDs. These things are for sale in mainstream brick'n'mortar stores. And if push comes to shove, no one who has ever used one, can prove they didn't break the law. All the copyright holder has to say, is "That wasn't authorized" and the case is open and shut.

    Back to computer abuse acts: are you authorized to load example.com's page on someone else's computer? You probably don't know, and common sense might not help you.

    When will you find out? When you ask what crime you've just been charged with. By then, it's too late. They came after this guy for uploading nudie pics. Piss them off, and they can get you for loading example.com's web page.

    Congress has effectively ceded political power (!!) by letting these third parties, not Congress themselves and not the courts, decide whether a criminal act has occurred.

    And we call this "law." Wow.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:"Authorization" by arctan1701 · · Score: 1

      You're my new friend. Is there a lawyer that could comment on the authorization aspect of playing a DVD?

    2. Re:"Authorization" by Anonymous Coward · · Score: 0

      Every DVD player, even the DVDCCA-licensed ones, bypasses the protection. What you don't know, is whether that's circumvention or not -- whether your act of bypassing the protection was authorized or not.

      That, of course, is complete bullshit. You do not "bypass" the protection, you use a device which was specifically designed to decrypt DVDs by complying with the protection scheme and using an authorized key. It is also safe to assume that you are authorized to decrypt DVDs that way if you are legally in possession of the DVDs. This kind of "what would normal people expect" reasoning is built into the legal system.

      Back to computer abuse acts. Watching online porn, even if you don't have to circumvent any access controls to do so, is very clearly not job-related. I would argue that it is grounds for termination but not for criminal prosecution, because he did not access the company's computer without authorization and did also not exceed his authorization to access the company's computer: He did not access any data which he was not authorized to access and resided on that or any other of the company's computers. He was also not unauthorized to access the adult website computer systems. (The theft of services charge is equally ludicrous: Not providing a promised service is not theft of service.)

      IANAL

    3. Re:"Authorization" by Sloppy · · Score: 1

      You do not "bypass" the protection, you use a device which was specifically designed to decrypt DVDs by complying with the protection scheme and using an authorized key.

      The technological measure either limits access or it doesn't, and if it does limit access but you managed to access anyway, then you bypassed it. By "complying with the protection scheme" we assume that the bypass was authorized (because that's the common sense understanding).

      It is also safe to assume that you are authorized to decrypt DVDs that way if you are legally in possession of the DVDs.

      This statement, while common sense, is something we definitely know for 100% certain is totally wrong. Not only does the DMCA wording fail to make an exemption for bypassing the protection on media that you legally possess, but the no judge involved in a circumvention case has ever upheld that.

      And if you think about it, that's not a surprise at all. The only times anyone ever wants to bypass protection, they are almost always going to legally possess that medium. (If you want to play a DVD, it's probably because you have it in your possession. There may be exceptions to that, but coming up with them is going to require a lot of imagination.) In any case where someone doesn't legally own it, they're likely a "pirate" and their copy doesn't have any protection on it anyway, so DMCA is irrelevant in that scenario.

      Regarding computer abuse, I agree with everything you say. The big story here is that the courts have decided that we're wrong. And I'm trying to explain that third-party "authorization" is the key to this and other laws' .. um .. flexibility and potential for abuse.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:"Authorization" by Anonymous Coward · · Score: 0

      Not only does the DMCA wording fail to make an exemption for bypassing the protection on media that you legally possess

      There is a difference between bypassing protection and complying with a protection measure in the intended way to receive access, for example by using a DVD player (either hardware or software) which uses legitimate keys. It is safe to assume that you are allowed to decrypt DVDs that way, but not that you are allowed to circumvent the protection, e.g. by using unauthorized decryption software like DeCSS. The "unauthorized" bit only comes into play when you actually bypass protection. That is only allowed if you got authorization to bypass the protection.

      A similar argument applies when you access password protected systems: If you got the password in a way which most people would consider an act of granting access, using that password to access the system is not bypassing protection. If you got the password some other way, e.g. by brute forcing or eavesdropping, that is bypassing protection. Technically the act of logging in is the same, but legally they are very different. A hired security expert (penetration tester) might have authorization to bypass the access control system, but normal users do not need authorization to bypass, because they don't bypass the protection.

    5. Re:"Authorization" by Sloppy · · Score: 1

      You are using "bypass" in a common-sense way that pretty much means the same thing that DMCA defines "circumvent" as (a very special case of bypassing).

      I think it would be a good idea to quote DMCA, because I was using "bypass" as shorthand for a long list of verbs:

      to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner

      If you're hung up on "bypass" then let's try "descramble." When you buy a CSS-protected DVD and put it into a DVDCCA-licensed player and watch this lawfully-possessed movie on your TV, you are descrambling it. You decrypted it. You avoided CSS. You impaired CSS' attempt to prevent you from accessing the movie. I would also say you "bypassed" CSS, but if that word has connotations for you (i.e. bypass means to do something naughty), then we can let that slide if you wish, because some of those other verbs certainly do apply. You're just not going to get out of "descramble" or "decrypt": you objectively and unambiguously did those things and no judge or jury will ever believe your protestations that you didn't.

      The point is, you got around CSS. If you were authorized to do that, then you did not "circumvent" the technological measure that limits access, and therefore you didn't violate DMCA. If you were not authorized to descramble that DVD (were you? Do you have some sort of statement from the copyright holder? Is it printed on the disc or packaging, like a EULA? Has anyone at Universal ever even told you verbally that it's ok to descramble their movies?) then you circumvented CSS and violated DMCA.

      It's a really shitty law and the "authorize" part is one of the things that makes it so ripe for abuse.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  39. It was not completely upheld. by fluffy99 · · Score: 2, Informative

    Did anyone actually read the ruling? Of course not. It's also too much to expect the person who wrote the article to properly summarize it. "{14} "i. The trial court erred by overruling defendant-appellant's motion for a directed verdict of acquittal as to the charge of unauthorized access of a computer, as there was insufficient evidence to establish the elements of a violation of ohio revised code section 2913.04(b). ""

    1. Re:It was not completely upheld. by maxfresh · · Score: 3, Informative

      I read the ruling, and I think that you're mistaken, and that the article actually has it right. The paragraph (14) that you are quoting is merely the defendant's claim of trial court error, or "Appelant's first assignment of error" which forms the basis for his appeal from the verdict. It is not the ruling of the appeals court. The court ruled against him on that point, as you can see in their decision at paragraphs 48-54:

      Richland County, Case No. 08 CA 16 12
      {48} In Appellant's first assignment of error, he argues that the trial court erred in overruling his motion for acquittal on the charge of unauthorized access of a computer. We disagree.

      {49} Appellant was charged and convicted of unauthorized use of computer or telecommunication property, in violation of R.C. 2913.04, which provides, in relevant part:

      {50} "(A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

      {51} "(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent."

      {52} Upon review, we find that the crux of the State's "unauthorized use" case was based on the proposition that Appellant was acting outside the scope of his authorization to use the computer by engaging in criminal conduct, i.e. soliciting prostitution.

      {53} Having found that the State presented evidence Appellant used his computer to upload nude pictures of himself onto adult dating sites and to access certain pornographic websites to support the charge of solicitation, in addition to using his computer to engage in the criminal act of solicitation, we find such conduct was "beyond the scope of the express or implied consent and the charge of "unauthorized use of a computer" was based upon sufficient evidence.

      {54} Accordingly, Appellant's first assignment of error is overruled

  40. Re:NEWS: Public employee fired for not working! by Joe+Snipe · · Score: 1

    You can end that sentance on criminally charged. That it is a felony is that much worse.

    --
    Sometimes, life itself is sarcasm...
  41. If Adult Friend Finder doesn't work out for him by mandark1967 · · Score: 1

    There's always Adult Prison Soap Finder while he's locked up. If that doesn't work, then Adult Shiv Finder may come in handy

    --
    Sig Follows: "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." -- Mark Twain
  42. You're Misreading It by Anonymous Coward · · Score: 0

    You're misreading it. Paragraph 14 is quoting from the appeal (see the ":" at the end of paragraph 13) and is not the judge's ruling. You have to read paragraphs 54 (appeal of hacking charge: overruled), 72 (appeal of theft charge: sustained), 81 (appeal of prejudicial evidence: overruled), 84 (overruled) and 86 (ruled moot).

  43. now change your desktop... by Sfing_ter · · Score: 1

    soon i will use this when the users change the desktop picture - or install webshots!

    Yes, that's the ticket muuaaaaaaahaha!

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  44. Really? by hplus · · Score: 1

    His name is Dick Wolf and he's in trouble for uploading porn at work?

  45. wrong by moxley · · Score: 4, Interesting

    You know, reading this stuff just really pisses me off.

    It's just like that Lori Drew case, This case seems to be yet another attempt at turning corporate policies into defacto laws - it's an element of encroaching corporatism (aka fascism); except I don't think this guy is a real piece of shit; where Lori Drew certainly seems to be, but I still think she never should have been charged - certainly violating a website's TOS is NOT a crime.

    I think people need to really fight against these cases and precedents because the selective abuse of vaguely written overly broad laws like this for political purposes is starting to get out of control ...And there is a small part of me that thinks somebody needs to show the "Shelby Ohio Wastewaste Treatment Plant" what hacking really is; so that they fucking KNOW they've been hacked and will never make the mistake of confusing someone doing what a fairly large percentage of employees do all over the world with HACKING again......

    1. Re:wrong by jonaskoelker · · Score: 1

      Lori Drew certainly seems to be [a piece of shit], but I still think she never should have been charged

      I think she should have been charged with something along the lines of harassment since that's what she actually did. Assuming of course that there are laws dealing with harassment.

      But I do agree with what I think you believe: people shouldn't be sued for using a tool (in evil ways)---people should be sued for evil acts (done with a tool).

      Tools seem to be more numerous and complex than the evil acts themselves; it's easier for the law to adapt to new evils than new tools.

      rooting someone's box--simple: you're messing with their private property. Violating a TOS agreement: you're messing with someone's private property beyond their permission. Like borrowing something and dipping it in paint. We understand private property reasonably well, but "we" (the law) doesn't seem to get all the intricacies of this shiny new tool---computers---yet.

    2. Re:wrong by moxley · · Score: 1

      Yeah...I can agree that a harrassment charge might have been appropriate, but I think what was happening is that people were trying to misuse the law to punish her for that girl's suicide - which I think is really wrong, for so many reasons, one of the main ones being the precedents it sets. It was awful that that girl killed herself, but people are responsible for their own actions and as awful and cruel as that woman was, people are cruel everyone, and this girl, unfortunately, had some other serious issues.

      All I seem to see lately is freedom on the internet under sttack from all sides, whether we're discussing net neutrality and the corporate fears about not being able to monetize enough things online, or were talking about laws like the ones in Germany that criminalize possession of crucial IT software tools because they can be misued, or we're talking about government spying, or filtering or the constant drumbeat of fear pounded by the media about how "evil hackers are going to shut down the power grid and steal your ID."

      I am not saying that there aren't concerns about those issues and security online - but it's no different than anything else - if you take precautions you'll be fine - government shouldn't be the 'net nanny' or 'web police," - power grids shouldn't be accessable on the internet - make a closed network - i mean, there are several ways to minimize threats...And what I see is all of these issues being used to obtain the real goal of these beaurocrats and fascists - and that is control...total control.

  46. Stupid Law; Yes, but also a stupid lawyer by DaveAtFraud · · Score: 2, Insightful

    I couldn't tell from the article whether the guy represented himself, just said, "Yes, I did it," or had a total boob for a lawyer in trial court. The bottom line is that the facts regarding lack of an acceptable use policy should have been presented at trial. Regardless of what he did, if the city hadn't established a policy that personal use of a city computer was forbidden and other people had gotten away with similar actions (e.g., uploading pictures to say FaceBook), his actions were not illegal or inappropriate. It is irrelevant that he uploaded nude photos of himself since there is no AUP that defines what sorts of personal uses are OK and what actions are forbidden.

    It sounds like the lawyer handling his appeal has a better grip on this but this should have been disputed at trial. He may still be able to get out of the hacking conviction with the appeal (How can computer use be inappropriate when the city hasn't established what constitutes inappropriate use?) but he should have been fighting this a long time before it ever got to the appeal.

    Cheers,
    Dave

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
    1. Re:Stupid Law; Yes, but also a stupid lawyer by Maximum+Prophet · · Score: 1

      Great lawyers are expensive. Even good lawyers will set you back several thousand. (Of course, having no lawyer can be *really* expensive.)

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    2. Re:Stupid Law; Yes, but also a stupid lawyer by DaveAtFraud · · Score: 1

      Any bets that the cost of the appeal is several times what it would have cost to hire a decent lawyer for the original trial?

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
  47. To AC by Jane+Q.+Public · · Score: 1

    Why was your reply modded down? Sounded reasonable and rational enough to me.

    Anyway: yeah, I know what you mean. As long as you are not breaking the law, or otherwise violating the terms of your contract, why should they care what you are doing with the bandwidth you are using? It's just an excuse to soak you for more money.

    While not a law, it agree that it is a good example of something very similar. If you agree to give them the power to do something, don't be surprised if they do.

  48. Pictures of him nude, not nude pictures by Anonymous Coward · · Score: 0

    Please people, "nude pictures" are literally pictures that aren't clothed or covered. Most pictures fit this description. Maybe if they're in a picture frame or album that's closed you could say they are not nude. "Pictures of him nude" are pictures of him not wearing any clothes. Basic English here, and what an adjective modifies.

  49. Wasterwater treatment plant porn by noidentity · · Score: 1

    Now he's been convicted under a "hacker" law targeted at employees who steal data or access information they shouldn't.

    Obviously he forgot the clause in his work contract that stated he was also part of the Shelby City Wastewater Treatment Plant's porn production facility, thus making photos of him nude company property!

  50. Re:I read that as.... by Anonymous Coward · · Score: 0

    Parent has a perfectly legitimate post, this should not be modded -1... if you don't like his post or are hypersensitive, don't moderate it.

  51. but really now by lindoran · · Score: 1

    i hope this gets over turned on the appeal, damn guy cant even expose himself using his company's computer any more....

  52. I needed a chuckle..Thanks. by rts008 · · Score: 1

    Get away from /. right away!
    It may be swine flu and your going to epidemic us all!!!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  53. I call bull****. by BlueKitties · · Score: 2, Funny

    I guess this is my temper talking, but this guy should be given at least five digits and rights to kick the judge in the crotch. Hard. With boots. Metal boots. Not only is this idiotic, it makes a mockery of the justice system. Use some goddamned ****ing common sense for godssake. The man is a man, not a criminal. This makes the U.S. look as bat**** insane as Syria.

    --
    "Sorrow is better than laughter, for by sadness of face the heart is made glad." [Ecclesiastes 7:3]
  54. Hacking is loosely defined by ub3r+n3u7r4l1st · · Score: 1

    Yes.

    And apparently, changing the performance of YOUR OWN computer, such as CPU speed, application speed etc. can be considered as "Hacking".

    Look up "tf2 speed hack" or "CS:S speed hack" on YouTube for details. Those are just enhancing their gaming experience by changing the shape of the data packet of THEIR OWN computer.

  55. Point of fact... by msimm · · Score: 1

    Anyone remember Slashback?

    --
    Quack, quack.
  56. Simple by msimm · · Score: 1

    Idiots breed and take middle management positions in business as well as state and federal government. This is why we say things like never attribute to malice that which can be adequately explained by stupidity because really there's so much stupidity it's likely a mathematical truth.

    --
    Quack, quack.
  57. Perspective? by siloko · · Score: 2, Insightful
    Perhaps his boss reacted hysterically, perhaps his employers were unfair in their dismissal of him, perhaps the laws are being abused. but:

    This is disturbingly close to burning people at the stake

    Really?

    1. Re:Perspective? by taucross · · Score: 2, Insightful

      Saying this is disturbingly close to burning people at the stake is like saying uploading a picture is hacking.

      --
      "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
  58. It's too bad this happened. by Abuzar · · Score: 0

    I really feel for this guy.

    Computing for work is such a lonely profession. Yes, if I worked full time in the field, I too would visit dating sites to meet someone or perhaps even check out other adult sites. Frankly, sitting at a desk 8 hours a day is downright cruel and inhumane. I'm happy that for now I've been spared such psychotic work environments, but I feel quite sad for the millions like this man who caught in this treadmill.

    And it's not like he wasn't a good worker. From TFA he was actually promoted even after his supervisors found the pictures. He was only fired after the conviction. How sad.

    I guess the least I can do for him is help him pay off the fine. Start a fund or something.

  59. In support of your position... by Dhalka226 · · Score: 1

    "You [should] not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harm it would cause if improperly administered."
    -- Lyndon B. Johnson

    1. Re:In support of your position... by Jane+Q.+Public · · Score: 1

      I have added that to my collection of quotes.

  60. Philosophy of deliberately mis-applying the law by Anonymous Coward · · Score: 0

    This brings up the interesting issue of convicting someone of breaking the letter of the law when the spirit of the law doesn't apply to them. On the one hand, I can see justification of this in some circumstances, because sometimes someone has clearly done something wrong, and you just don't have the appropriate law on the books to punish them the way they deserve. But of course this method can be misused to punish someone disproportionately.

  61. Re:If Lawyers and Judges don't like it its crimina by YenTheFirst · · Score: 2, Funny

    . . . They have erected a multitude of laws and offenses. . . .

    hehe

    --
    It's not stupid. It's Advanced.
  62. Bah by SmallFurryCreature · · Score: 4, Insightful
    In the netherlands there was an attack by someone on the queen during a national holiday. He did it by driving a his suzuki swift into a crowd killing several people. AND HIMSELF. His death was well reported in the media.

    Yet some people are sending hate mail to a person whose picture was linked to the attacker by a newspaper and othe rpeople with similar names are receiving threaths. HELLO! The guy is DEATH! The moment your hate target answers the phone, and he answers, shouldn't that be a major clue that you got the wrong guy?

    No matter what you do, even if you forced newspapers to follow-up or print the complete truth for once, you could never eradicate the idiots.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Bah by TheTurtlesMoves · · Score: 2, Insightful

      I'm with you on this one. It would be nice to have better media. But we have the media that the masses want. Its what we choose to read and believe thats the problem. The general public don't buy or read things that are not sufficiently sensationalized. But heres the real catch. It doesn't matter how "concerned" or alarmed they are, about the only action you get out of these people is a few strong words about "issues" at the pub.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    2. Re:Bah by Chrisq · · Score: 2, Funny

      The guy is DEATH! The moment your hate target answers the phone, and he answers, shouldn't that be a major clue that you got the wrong guy?

      Or even dead

      Anyway I have reliabe information that he is alive and well and currently playing poker with Princess Di and Elvis in a small town somewhere just East of Norwich in England.

    3. Re:Bah by borizz · · Score: 3, Funny

      Qwghlm?

    4. Re:Bah by Anonymous Coward · · Score: 0

      Oh dear, that's worse than Hell.

    5. Re:Bah by Anonymous Coward · · Score: 0

      And no-one caught on that he was just copycat'ing the opening scene of "Canadian Bacon": depressed, laid off, uses a Suzuki Swift in a suicide attempt when head of state passes by.

    6. Re:Bah by alexo · · Score: 1

      HELLO! The guy is DEATH!

      All the more reason not to mess with him.

  63. RIAA Criminal Hacker Conspiracy by bratwiz · · Score: 1

    By this same logic, every time the RIAA or one of their cronies scans a computer they're committing the same crime.

  64. Re:frist by loonwings · · Score: 1

    I stopped giving a shit about you people the instant you started taking over the entire browser tab with full screen ads. I hope you burn.

  65. News with less crap by AliasMarlowe · · Score: 2, Informative

    Sheesh, where do you get your news - no sports!?

    Try the Economist magazine: no sports section, no horoscope, no celebrity gossip columns, no tips on cooking or motorbike maintenance. It's almost like reading just the news and informed comment on the news.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  66. Shakespeare was right by berenixium · · Score: 1

    Unfortunately we live in a world where the law can be manipulated by schemers who want to eliminate and vilify political enemys in the workplace as they see fit, even by using laws not appropriate to the crime or misdemeanor. This guy got screwed looking for a screw. How ironic. But that does not make what happened to him right. The law should be blind, but it is now very bent at an angle where it can be manipulated, as we are all seeing.

  67. Not so Stupid Law by Anonymous Coward · · Score: 0

    In fact, all laws are intended to prevent someone doing something that others don't like.

    Mostly we agree with the ones about not killing someone intentionally, and it's in most of our interests for us to drive on the same side of the road as everyone else when travelling in the same direction... so most of us don't argue the case.

    But what about paedophiles. Obviously they are in a minority and the rest of us are able to legislate their predilection out of bounds. What about people who want to eat their own excrement; should they be able to eat it in public? What about people who want to strip off and go naked. Should they be able to wander around the shopping mall without regard for the rest of the population who might object?

    There is no 'right' and 'wrong'. God isn't supervising us. Laws are man (and woman) made to suit those who are in a position to make them. For the most part they are emotional decisions, not rational ones and they are no worse or better for that. We might use rational thought to attain our ends, but it is our emotions (the drives built into our brains) which determine those ends.

    Now, back to the point. I personally don't care if the guy wants to post naked pictures of himself on some website, so long as I don't have to see them. Not my sort of thing, but I don't mind if someone else wants to do that.

    Obviously, some others don't agree. There's no logic to it, just what you feel easy with, and who can get their rules passed.

  68. Never intended to apply to? by Anonymous Coward · · Score: 0

    What makes you think that this law was never intended to apply to cases like this. Do you think the lawyers who drafted it are so stupid as to not understand how it would inevitably be used?

  69. What a mess our justice system has become by bdwoolman · · Score: 1

    I am glad I am grown up and retired. It seems from my vantage point that the law has lost all common sense and direction. These aggressive and ambitious prosecutors are convicting experimenting teens for sex crimes, and misusing statutes like the one under discussion to get another notch in their respective belts. What public good was served by prosecuting this poor slob as a hacker? None. He has no dangerous computer skills. What public good was served by prosecuting those girls for sexting? None. Criminalizing anti social or maladaptive behavior is clearly against the public interest. The guy should have been fired at most, but perhaps merely warned and sent to counseling. Now society has another unemployable felonious ward instead of a taxpayer. The same applies to drug laws IMHO.

    We need better feedback on prosecutors who over reach to further their ambitions and appease the lynching impulse in their constituencies. There are too many SOBs like that creep who pilloried those Duke athletes. Are there not enough real criminals?

    Our justice system is just plain broken. Senator Webb of Virginia is co-sponsoring a bill to study and revamp it from top to bottom. Check out the video on the LEAP website (Law Enforcement Against Prohibition). http://www.leap.cc/cms/index.php

    --
    "No fear. No envy. No meanness." Liam Clancy
  70. Devil in the Details by DarthVain · · Score: 2, Insightful

    Of which there are none.

    Odds are his employer blocks those kind of sites.

    Yes simply visiting them would be inappropriate, but not hacking.

    However, if you were unable to visit them due to your network security infrastructure, and to do so circumvented your network security then yes, that is hacking.

    Likely it was something simple like setting up a proxy at home, and doing it that way. Who knows perhaps he using something a bit more exotic. In this way he would compromise the security of his employers shared network for his own personal use.

    There are a lot of websites that get blocked like facebook (thank god not slashdot!), and I have thought about doing this myself. Then again I am not stupid enough to actually do it. I will re-evaluate my decision when and if they decide to block slashdot (which won't happen anyway, as likely the network IT folks like access as well).

    Anyway the guy is an idiot to be looking at this sort of thing at work...

  71. Anonymous Coward by Anonymous Coward · · Score: 0

    If he gained access to a restricted site via a proxy it could be concidered hacking.

  72. Only on slashdot... by Anonymous Coward · · Score: 0

    Where the readers can't distinguish between porn and flowers. Are you all so porn-addicted that you genuinely see no difference?

  73. this should go up the appeals ladder by ffflala · · Score: 3, Insightful

    The trial court's decision was upheld by the OH intermediate court of appeals. This case screams for an appeal up to the OH Supreme Court. The statute as applied here seems to fit right into the void-for-vagueness doctrine, which the US Supreme Court described as follows:

    "Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warnings. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory applications." Grayned v. City of Rockford, 408 U.S. 104, 108 -09 (1972), quoted in Village of Hoffman Estates v. The Flipside, 455 U.S. 489, 498 (1982).

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/15.html#f8

  74. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  75. Re:frist by dogeatery · · Score: 1

    Adblock FTW?

  76. People are either stupid, crazy or full of shit. by Bob_Who · · Score: 1

    The Prophet George Carlen said all people are either stupid, crazy, or full of shit. At first, he would agree with you about stupidity trumping malice. That's a reasonable assumption before you grow wiser and more cynical and begin to suspect that a great deal of the stupid and crazy behavior is coming from a much larger group of duplicitous twits that play dumb and insane and get away with it because they are primarily full of shit. Without a doubt whatsoever, when you add up the facts of this story, everyone is completely full of shit. Even stupid and crazy people would not pursue the inept legal contest, bad press, and controversial topic unless they had ulterior motives shrouded in the full of shiftiness of fake idiotic lunacy. My sense is that management was dying to fire this guy all along, they never liked him, or his politics, and youthful stride, and they just wait for an opportunity - any diversion will due. That would be grounds for dismissal as well as a red herring that would divert attention from the real motives of those in charge who are full of shit, and hide behind stupid, insane or crazy corporate and legal drama. Its a "slight of hand" diversion, but it seems a better explanation as to how the events would unfold in such ludicrous fashion. It looks really stupid when hacking and porn are legally indistinguishable, but after a while you figure it out and see the light: Stupid is a great way to hide in plain sight. And crazy is also equally disguised, undermined, and underestimated. Genuinely stupid lunatics would deny such a character defect. Only a bullshitter would perpetuate the lie and volunteer to wear the dunce cap. This way it looks like a case of how the law is a blunt instrument, not a surgical scalpel, and it often bludgeons the middle ground with a club. When a hostile environment manages to work to managements advantage, then they're not as stupid as they look. Its just really hard not to get attached to the idea than only a moron could act so idiotically.

  77. hey, I'm an art afficionado by BitterAndDrunk · · Score: 1

    and I love Georgia O'Keefe's work.

    --
    You better watch out, there may be dogs about . . .
  78. There's no internet policy? by rgviza · · Score: 1

    "He added that the city had never actually disseminated a policy regarding internet usage to tell workers what was inappropriate."

    Without a policy, how could anything he did be unauthorized? I'm just sayin'. Hopefully his attorney remembers to mention this little tidbit at the appeal.

    That aside really need to amend that law... just about everyone could be convicted of this the way it's worded.

    Technically using Google and clicking the wrong link by accident could get you put in jail. Would it? Probably not, but it could if you pissed the wrong people off.

    -Viz

    --
    Don't kid yourself. It's the size of the regexp AND how you use it that counts.
  79. classic example: misapplication of law by lpq · · Score: 1

    Idiot, maybe yes,
    Hacker?
    Give me a break.

    Stupid D.A.'s have nothing better to do than abuse and misuse the laws that are given to them by well meaning legislators
    .

  80. Wikipedia link by Midnight+Thunder · · Score: 1

    Wikipedia link on the subject: http://en.wikipedia.org/wiki/Jury_nullification

    --
    Jumpstart the tartan drive.