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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."

21 of 361 comments (clear)

  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 Rockoon · · Score: 5, Funny

      Either way, it's a sticky situation.

      --
      "His name was James Damore."
  2. 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 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
  3. Just fire him by brkello · · Score: 5, Insightful

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

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    Support a great indie game: http://www.abaddon360.com
    1. 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
  4. 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.
  5. 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.

  6. 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.
  7. 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'.

  8. 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 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: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.
  10. 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.

  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.