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Judge Won't Lower $5M Bail For Jailed SF IT Admin

snydeq writes "San Francisco County Judge Charles Haines has denied Terry Childs' motion to reduce his $5 million bail, alluding to 'public security concerns,' according to Richard Shikman, who is representing Childs in court. The ruling comes in the wake of a recent decision to drop three of the four changes that have been levied against Childs, who has spent the past 14 months in jail. The fourth charge — that Childs violated a California statute regarding illegal denial of service for the San Francisco FiberWAN — has been called into question by those closely monitoring the case. As a point of comparison, the San Francisco Felony Bail Schedule lists a $1 million bail for the most serious crimes, such as sexual assault of a child, aggravated arson, or kidnapping for ransom. Prosecutors have argued that the bail is appropriate because, if released, Childs could cause damage to San Francisco's network."

429 comments

  1. too easy by drDugan · · Score: 4, Funny

    Childs could cause damage to San Francisco's network.

    But, but... think of the children

    1. Re:too easy by Shikaku · · Score: 4, Insightful

      Prosecutors have argued that the bail is appropriate because, if released, Childs could cause damage to San Francisco's network.

      Yeah, so can anyone who's competent with networking.

      Just admit that he was presumed guilty before a trial you incompetent fools. You all are making yourselves look more and more like idiots, and the Childs is laughing his ass off in jail.

      Oops shouldn't have said that out loud, I might be labeled a terrorist.

    2. Re:too easy by compro01 · · Score: 4, Funny

      Yeah, so can anyone who's competent with networking.

      Or incompetent.

      --
      upon the advice of my lawyer, i have no sig at this time
    3. Re:too easy by Anonymous Coward · · Score: 5, Insightful

      I'm pretty sure he isn't laughing his ass off while sitting in jail after 14 months. Although there's a good chance he will be once this is done, and he's won his lawsuit against the city and gotten the DA disbarred.

    4. Re:too easy by Anonymous Coward · · Score: 1, Insightful

      Nahh, it's grandstanding or penis waving. Nothing more.
      The judge is biased, the prosecutors are trying to show the world that they really dont have 1" long penises and cat get it up in bed.

      Nothing more is happening than that. Too bad the USA legal system is horribly corrupt to allow such abuses go without having recourse. The procecuters shoul be disbarred and forced to never work in law again if found to be abusing the system. The judge should be simply shot for being stupid and a danger to freedom and the american way.

    5. Re:too easy by catmistake · · Score: 4, Insightful

      Punishment prior to conviction has become all too common, it's only one tactic in an unscroupulous prosecutor's bag of tricks. They try to make you look guilty by keeping you in jail before trail. They will duplicitously paint you as a flight risk even if you've never been beyond 20 miles from the courthouse. The judge will almost always do as the prosecutor recommends. It's said a sitting federal judge with full contempt powers is the most powerful position in government. But I think a local municiple prosecutor is pretty damn powerful too, considering his sway over local judges before a jury returns a verdict.

    6. Re:too easy by joaommp · · Score: 5, Insightful

      this is preposterous. basically they're condemning him for being arrogant while competent. he always stated that he was only refusing to hand out the passwords because he didn't trust the competence of the people that were still working there.

      what harm could he now do to the city network? he was fired, the password has already been disclosed to the mayor about a year ago... or have they forgotten to change the passwords?

      and if he did have backdoors, it's already time they had them fixed. if he uses them, then, yeah, he's provoking the wrath of law, but... 5 million?

      each year he spends on the jail probably means about 10 years he looses from his lifespan from physical and emotional distress. fsck the fscking judges and DAs.

      Robin Williams said it right:

      "You know, I heard scientists are now using lawyers instead of mice for experiments, for two reasons: one, scientists grow less attached to lawyers and two, there are somethings that even mice won't do."

      add "judges" to that, will you?

    7. Re:too easy by bdenton42 · · Score: 4, Funny

      Just admit that he was presumed guilty before a trial you incompetent fools. You all are making yourselves look more and more like idiots, and the Childs is laughing his ass off in jail.

      They may just be keeping him in long enough for all of his certs to expire.

    8. Re:too easy by mysidia · · Score: 1

      Their claim he could damage the network are absurd. They would be negligent if they couldn't get a handle on their network and secure all its management points within 14 months.

      It's small comfort, but on the bright side; if one of their new admins breaks things, they can't pin the blame for their incompetence on him; e.g. "The network broke... that's odd... he must've sabotaged it while awaiting trial!".

      Since he's in jail, other maybe less-qualified admins that follow him, will have noone to blame but themselves for any outage that occurs to the SF network as a result of their action or inaction, as they've had plenty of time to fix anything that's broken now.

      If the charges against him ever finally get dismissed, and he gets released as a result (without further obligation to appear in court): frankly, I think he ought to consider fleeing the jurisdiction for fear of unjust reprisal.

      Pursuing action against the DA and such is good and all, but trying legal action against politically powerful people who think they've got noone to answer to can also be dangerous, and they've already demonstrated ability to inflict physical harm -- by jailing him.

    9. Re:too easy by noc007 · · Score: 4, Insightful

      Prosecutors have argued that the bail is appropriate because, if released, Childs could cause damage to San Francisco's network.

      This oddly sounds like crap that brought up in Kevin Mitnick's trial.

      My guess is the DA knows he's fscked and is grasping at straws. I wouldn't be surprised once the last charge is dropped, Childs counter sues for being charged, arrested, and in jail.

    10. Re:too easy by Toonol · · Score: 1

      this is preposterous. basically they're condemning him for being arrogant while competent. he always stated that he was only refusing to hand out the passwords because he didn't trust the competence of the people that were still working there.

      Which is, and SHOULD BE, illegal. Wasn't his network.

    11. Re:too easy by dave562 · · Score: 0, Troll

      The legal system requires that a person have a trial within ten days of being arrested. Often times during the process, they waive that right. Terry Childs has only himself and his lawyer to blame for still being in jail after fourteen months. He could have had his trial and been sentenced by now.

    12. Re:too easy by russotto · · Score: 1

      Although there's a good chance he will be once this is done, and he's won his lawsuit against the city and gotten the DA disbarred.

      The PTB aren't that stupid. Sovereign immunity and immunity to lawsuits for public officials acting in the performance of their duty will stop that.

    13. Re:too easy by Cramer · · Score: 1

      And his concerns (rants of a lunatic?) have been well and truely proven wrong at this point. He gave up the password(s) and the network has not failed at the hands of these "competent coworkers".

      One would think they'd've changed the passwords, but who knows. Maybe they're worried about breaking something by changing them... As for any "backdoors" -- us network folk call them "alternate paths", or "a way around the thing that's broken" -- it would take an extensive audit of the entire infrastructure to find, and remove or (re)secure any that may exist. In a network that large, it's not a simple task.

      They assume that he would intentionally disrupt the network. In my opinion, that is absolutely wrong. Did he have any traps in the network when they fired him? (ala a "dead man switch") No. Did he do anything to disrupt the network before, or shortly after he was fired? NO. He refused to hand over the keys to protect his hard work -- why the h*** would you now assume he would do anything at all to break that same "hard work"? (and if he did, they'd have a cast iron case against him, far better than the theater they currently have.)

    14. Re:too easy by joaommp · · Score: 1

      but they've only been proven wrong now? he's been in jail for 14 months! how long does it take to prove that? even if he was proven wrong, they were all assuming what he told was a lie when he attacked the competence of the other sysadmins.
      And does it prove the competence of the other sysadmins?

      Einstein said: "No amount of experimentation can ever prove me right; a single experiment can prove me wrong." If they haven't fscked up yet, maybe it is just because they didn't have to do anything on the network as admins yet.

    15. Re:too easy by joaommp · · Score: 5, Interesting

      no, it was a network that had him as the "caretaker". Despite the methods, from what has been said, what he was doing was trying to protect the network. As a "caretaker", it's his job to do what he must to protect the network. Of course, there are proper methods and limits, but I don't see why what he did would justify 14 months in jail and $5M bail. They've had the passwords for over a year, for God sake. If he wanted the network to get stuffed, he could have very well also let the passwords somewhere else or with someone else to do the job for him in case anything happened to him, so they could hold the network hostage. Did that happened? Childs seems to be a guy to smart to NOT do something like this if his intentions were less than honorable (regardless of the methods).

    16. Re:too easy by ObsessiveMathsFreak · · Score: 4, Insightful

      Punishment prior to conviction has become all too common, it's only one tactic in an unscroupulous prosecutor's bag of tricks.

      That's what you get when state prosecutes are chosen at the whim of the vindictive masses instead of by careful selection based on merit and principle.

      --
      May the Maths Be with you!
    17. Re:too easy by Dan541 · · Score: 3, Insightful

      10 days is hardly enough time to mount a defence.

      Especially when you need to convince a bunch of hicks, who don't know what a computer is that you could not have done it.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    18. Re:too easy by dave562 · · Score: 1

      That is true. That is why people often times end up spending a lot of time in jail. In Childs' case he is getting a raw deal. He should be out on bail while his attorneys work on defending him.

    19. Re:too easy by mabhatter654 · · Score: 1

      he's given up the password and been lock in JAIL for a full year now... the only criminal thing at this point would be the IT manager that hasn't properly locked him out... they were claiming million dollar damages... if the city IT manager didn't fix the problem by now he's guilty of stealing city money.

      He held the password "hostage" for about 1 week and has served over a year in Jail WAITING FOR CHARGES to stick. The judge knows the guy has enough cash in a mattress to take off and not be found. At this point the Judge is giving the prosecutor one last chance before the whole thing gets thrown out.

    20. Re:too easy by Anonymous Coward · · Score: 0

      I'm pretty sure he isn't laughing his ass off while sitting in jail after 14 months. Although there's a good chance he will be once this is done, and he's won his lawsuit against the city and gotten the DA disbarred.

      Getting any sort of justice against abusive DAs is virtually impossible. The only thing that made Nifong special was that he *both* got caught and the defendants mounted a successful PR campaign against him.

    21. Re:too easy by mabhatter654 · · Score: 4, Insightful

      no it shouldn't. The whole thing could have been fixed with a simple contempt of court charge and sweat him till he tells, that was their legal option and they chose not to do that.

      Beyond that all the attempts of the management to "hack in" were unnecessary and not relevant to the criminal case. (like breaking the windows out of YOUR car because somebody stole it) HE did not do any damage after he was fired... the trouble was that he was fired TWICE... the first time the manager didn't write him up per union policy for being a dick and he got his job back. So he was refusing to turn his password over to the people that GOT him fired and weren't qualified to properly manage the network... they broke it because they didn't call a certified person FIRST. Also, they had already accused him of wrongdoing when he hadn't done anything....how do you prove you DIDN'T attempt to commit a crime?

    22. Re:too easy by rubi · · Score: 2, Interesting

      add "judges" to that, will you?

      Judges ARE lawyers, so no need to add them.

    23. Re:too easy by mabhatter654 · · Score: 1

      Again, they're claiming multi-million dollar damages to call in consultants to perform just the actions you said were complex and expensive... so you're saying after 1 full year they haven't done what they told the court they did? Those charges were thrown out anyway.

      All they're really sticking him with is the "improper use of a network" rule.. because it's worth millions of dollars in hardware and employee work time that makes not telling the password some super-duper value crime....it's the only straw they got left.

    24. Re:too easy by Anonymous Coward · · Score: 1

      fortunately for The People that immunity is limited to lawsuits, bullets remain fully effective.

    25. Re:too easy by smash · · Score: 4, Insightful

      If your business can be taken out of action by an administrator leaving, then you have serious business process problems.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    26. Re:too easy by Cramer · · Score: 1

      He was "concerned" that handing over the passwords would (almost immediately) lead to his "incompetent" coworkers screwing things up. Well, he handed over the passwords and 14 months later there have been no issues with the FiberWAN network. He was completely wrong: he handed over the passwords and the network did not fail. They've had plenty of time to break something, but haven't. That is a powerful check in the "NOT INCOMPETENT" column for his coworkers. But that does not mean they are competent -- it's pretty easy to not break something. (I'm not grading their work or interviewing them for a job, so I have nothing onwhich to base their competence.)

    27. Re:too easy by hazem · · Score: 4, Insightful

      no, it was a network that had him as the "caretaker". Despite the methods, from what has been said, what he was doing was trying to protect the network. As a "caretaker", it's his job to do what he must to protect the network.

      Actually, all of his authority with respect to this network come from his supervisor/manager. He only has the authority to "do what's best for the network" as long as it's still granted to him by his supervisor. As soon as his supervisor revokes that authority, he no longer has the privilege of deciding what is best for the network.

      After all that, he was just being a dick, and it's stupid to be a dick to people who can have you locked up in jail. This may be United States, but it's not the United States you were (probably) taught about in grade school.

    28. Re:too easy by Fallingcow · · Score: 1

      Robin Williams said it right:

      "You know, I heard scientists are now using lawyers instead of mice for experiments, for two reasons: one, scientists grow less attached to lawyers and two, there are somethings that even mice won't do."

              Peter: I want to speak to a grown-up!
              Rufio: All grown-ups are pirates.
              Peter: Excuse me?
              Rufio: We kill pirates.
              Peter Pan: I'm not a pirate. It so happens, I'm a lawyer.
              Rufio: Kill the lawyer!
              Lost Boys: Kill the lawyer!
              Peter Pan: I'm not that kind of lawyer!

    29. Re:too easy by Cramer · · Score: 1

      I didn't say it was expensive. I just said it was complicated by the size of the network -- lots of devices to check, you only need to miss one. (been there, done that. 'tho in my defense, there's no reason for that router to be running an IGP anyway.)

      They called in consultants... so yeah, they spent 10x what they needed to. But that gives them someone outside the city gov to blame when something is missed.

      I'm not a lawyer (not am I in CA.) So, I don't know what various laws he may or may not have violated. I'm not sure where he thought this was going to end up... dude, you don't work there anymore; the network is no longer your responsibility. This is not going to get you re-hired. And it's not going to do you a lot of good hunting for a job elsewhere.

    30. Re:too easy by pizzach · · Score: 1

      Which is, and SHOULD BE, illegal. Wasn't his network.

      Makes me wonder what the title of his job was. If it was "Network Engineer", he is likely held to a higher standard is is liable if he gives the passwords to the wrong person. Too bad I am too lazy to find out. *slinks off*

      --
      Once you start despising the jerks, you become one.
    31. Re:too easy by Golddess · · Score: 3, Insightful

      how do you prove you DIDN'T attempt to commit a crime

      Theoretically, you shouldn't have to, it should be up to the state to prove that you did actually commit a crime.

      Theoretically.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    32. Re:too easy by joaommp · · Score: 3, Interesting

      As I said: I'm not judging his ability to choose the best method of action, which most likely is somehow impaired, but his intentions, which were clearly shown to be good, although improperly applied.

    33. Re:too easy by Anonymous Coward · · Score: 2, Interesting

      Except that it would have technically been a violation of the cities usage policy for him to give up the passwords under the circumstances. As we've seen, various employers are starting to get comfortable with the idea of bringing felony charges against their employees for violating usage policies. So, when he was pulled into that bizarre meeting, he may have reasonably believed that giving up the passwords would be the criminal thing to do. In fact, he may have been in a situation where there were two choices, and both would have been illegal. The law is never supposed to put you in a position where all your choices are illegal. There's a legal principle, but I can't remember the name of it.

    34. Re:too easy by joaommp · · Score: 1

      not where I live. they're two different beasts. they start with the same subjects and then they have different branches of the same course and different degrees and all.

    35. Re:too easy by joaommp · · Score: 1

      anyway, you can mod that few last words of my post "redundant", then -.-

    36. Re:too easy by dgatwood · · Score: 5, Insightful

      His duty to help them by giving them passwords and other confidential information ALSO ended when his employment contract ended. That's what the law says. In fact, legally, he should have destroyed all confidential information in his possession, and as such, suing because he wouldn't turn over confidential passwords that he was not obligated or even allowed to retain is a new level of absurd.

      When this is over, $5 million is likely to seem like peanuts compared with the settlement that San Francisco will end up paying out.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    37. Re:too easy by dgatwood · · Score: 2, Insightful

      All you have to do to not break something, generally speaking, is to not touch it. By a similar standard, I haven't shocked myself on the flyback transformer on a CRT in almost two decades. The fact that I haven't cracked open a CRT in nearly that long might have something to do with that.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    38. Re:too easy by Anonymous Coward · · Score: 0

      dave562 wrote:

      He could have had his trial and been sentenced by now

      Wow, yeah, I can see how he would want that. Nice presumption of innocence there.

    39. Re:too easy by cmseagle · · Score: 1

      I think it has more to do with the fact that the private sector is so much more profitable. Who wants to work for the state when they could be making the big bucks working for a private firm?

    40. Re:too easy by TheGratefulNet · · Score: 3, Funny

      the poor guy's in jail and you talk about shelf life of breath mints?

      have you no shame?

      --

      --
      "It is now safe to switch off your computer."
    41. Re:too easy by Anonymous Coward · · Score: 0

      I bet the prosecutor ends up charging the employees with exaggerating/falsifying a police report or something. If the last charge is eventually dropped, it places all the blame on the city employees instead of the prosecutor and he pretty much escapes everything as "just doing his job".

    42. Re:too easy by wisty · · Score: 1

      Doesn't a felony generally require intent, as well as action?

    43. Re:too easy by Anonymous+Cowpat · · Score: 4, Informative

      immunity for officials != immunity for the city.

      You're probably right that the DA can't be sued personally (that's a symptom of the general failure in the US to understand that government != state), but that doesn't mean that the department can't be sued, or that the department can't take action against the individuals responsible for exposing it to liability.

      --
      FGD 135
    44. Re:too easy by wisty · · Score: 2, Funny

      He could try a counter-suit. Or maybe he's busy reading The Count of Monte Cristo ...

    45. Re:too easy by compro01 · · Score: 1

      Network engineers typically aren't engineers in the legal sense. I only know one that can put P. Eng. after his name.

      --
      upon the advice of my lawyer, i have no sig at this time
    46. Re:too easy by TooMuchToDo · · Score: 0, Troll

      After all that, he was just being a dick, and it's stupid to be a dick to people who can have you locked up in jail. This may be United States, but it's not the United States you were (probably) taught about in grade school.

      True. But it's also against the law to lock someone up just for being an arrogant asshole. When he gets out, he's going to be able to sue the fuck out of them. Enjoy the windfall sir!

    47. Re:too easy by TooMuchToDo · · Score: 1

      Show me an admin job where you *can't* do damage when you leave. You can always do damage when you leave if you're intelligent enough. What kind of damage is determined by the situation.

    48. Re:too easy by beav007 · · Score: 2, Insightful

      After all that, he was just being a dick, and it's stupid to be a dick to people who can have you locked up in jail.

      14 months and a $5M bail for being a dick? There are a lot of slashdotters that should be concerned right now...

    49. Re:too easy by Anonymous Coward · · Score: 0

      He handed them over on the condition that they were only to be given to the outside cisco consultants and not to his boss.

      Posting anonymously because I don't want to see too much blowback.

    50. Re:too easy by Nefarious+Wheel · · Score: 1

      Just out of curiosity - did he ask for identification? Did he get a receipt for the delivery of the passwords? Just thinking, arrogance is no substitute for good CYA strategies.

      --
      Do not mock my vision of impractical footwear
    51. Re:too easy by palegray.net · · Score: 1

      add "judges" to that, will you?

      Always remember: judges are lawyers too, only they're also elected to public office. That's two strikes against them.

    52. Re:too easy by grapeape · · Score: 3, Insightful

      Most that I have delt with would fall into the "serious business practice problems" category. A company I worked with years ago had a lead admin that was completely paranoid, he was the only one in the company with root access, he supposedly kept the password in a safe that only he, the ceo and the cfo had access to. The lesser admins (thats actually how they referred to us in the department procedures) were the ones who were stuck with being on call and had to call up the lead any time there was a problem...all would be fine if it weren't for the fact that he was very cranky in the middle of the night and would yell at us if we actually called the hesitantly give us temporary access and tell us to figure it out and not bother him. Sometimes outages would go on for hours because we couldnt reach him.

      I could only take about 6 months...shortest job I have ever held. I can handle alot of crap, dont trust me with root fine...but at least give me pseudo or at minimum dont bitch when your underlings have to call because you set it up that way.

    53. Re:too easy by grapeape · · Score: 1

      But it sounds much more professional than "Router Jockey"

    54. Re:too easy by Anonymous Coward · · Score: 0

      They called in consultants because Chris Vein had fired/driven away all the other network engineers.

      The guilty party here is Chris Vein. Chris Vein was the one that decided that Childs did not need any backup and that he could do three peoples jobs, and that there was no problem with budget cuts to the 911 system, while the firefighters and police were getting 20% raises in a recession.

      Chris Vein couldn't defend his budget to the Elected officials because he has no clue what his department does beyond the the basics.

      Chris Vein has approved the purchase of a legislation tracking system that has the City of San Francisco still using office 97, because they cannot upgrade without throwing out the legislative tracking system and Chris Vein has no clue what it does and cannot put out an RFP to fix that. Open Office and plone would be a big step up for San Francisco, and that is because we are comparing Open Office and plone to Legistar and Office 97, not anything written this century.

    55. Re:too easy by CAIMLAS · · Score: 3, Insightful

      what harm could he now do to the city network? he was fired, the password has already been disclosed to the mayor about a year ago... or have they forgotten to change the passwords?

      Likely none, and they realize this. But they've imprisoned a man - a competent, intelligent man - for over a year now. They've ruined his ability to do what he evidently got a great deal of satisfaction from (noted due to his level of competency). They've smeared his good name, lied about him, and ruined his life.

      I suspect they're quite worried about him getting out. On the outside, he'd be able to sue the life out of them and/or the city - and if the city gets sued, then those who invoked the lawsuit will face scrutiny.

      Oh yeah, and again, the "smart, competent" bit. What was it about the mental stability of IT workers, nurses, and postal workers and our propensity to go off the deep and which is so wantonly stereotyped in the media? Oh, right. They're probably at least a little concerned that the guy would kill them all in their sleep. I don't doubt he's thought about it, wistfully (there's likely not much else for him to do).

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    56. Re:too easy by Anonymous Coward · · Score: 0

      You're assuming that if he did hand over the password and the network inevitably hiccuped due to incompetence, they wouldn't use him as a scapegoat anyways

    57. Re:too easy by Hoi+Polloi · · Score: 1

      Based on the bail amount this guy is considered more dangerous (or likely to flee) than most people charged with murder I read about. Ummm, ok.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    58. Re:too easy by eosp · · Score: 5, Informative

      In fact, the "bizarre meeting" was actually split between two physical locations, so he couldn't see who was demanding the password at the other end. Even if you're required to give a password to another person, doing so in such a situation is a Very Bad Idea and that's why he wanted to give it directly to the mayor.

    59. Re:too easy by joaommp · · Score: 1

      Well, I can only remember one geek killing someone, and it was recent. So, if it is one every X tens of years, then Childs won't probably be the next one, since the last one was pretty recent, actually...

    60. Re:too easy by Anonymous Coward · · Score: 0

      Ask any sanitation engineer.

    61. Re:too easy by ArsenneLupin · · Score: 1

      I'm pretty sure he isn't laughing his ass off while sitting in jail after 14 months.

      But after 14 months in jail, his ass will probably have been the source of fun for countless other people...

    62. Re:too easy by _Sprocket_ · · Score: 1

      Show me an admin job where you *can't* do damage when you leave. You can always do damage when you leave if you're intelligent enough. What kind of damage is determined by the situation.

      It's not that someone with privileged access can't do damage. It's a question whether simply leaving is affecting business so much that it becomes non-functional.

    63. Re:too easy by _Sprocket_ · · Score: 2, Interesting

      If your business can be taken out of action by an administrator leaving, then you have serious business process problems.

      What's interesting about this case is that the business practices was apparently one of the things Childs bitched about - for years.

    64. Re:too easy by The+Wild+Norseman · · Score: 1

      Shouldn't that be, "...think of the Childs"?

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    65. Re:too easy by KDR_11k · · Score: 2, Insightful

      Deliberate damage is one thing but just losing the admin shouldn't cause this much damage, what if the guy was killed in a car accident?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    66. Re:too easy by julesh · · Score: 5, Insightful

      Actually, all of his authority with respect to this network come from his supervisor/manager. He only has the authority to "do what's best for the network" as long as it's still granted to him by his supervisor. As soon as his supervisor revokes that authority, he no longer has the privilege of deciding what is best for the network.

      Yes. The issue is, however, that none of the people who informed he had been fired and demanded he handed over the passwords _were actually his supervisor_. AIUI, a subordinate had been promoted over him, and he hadn't been notified of this.

      Look at it this way: you're in charge of a network and have the passwords that can be used to do just about anything with it. One day your assistant comes to you and says, "I've just been promoted to your job, and you've been fired. Hand over the passwords." Wouldn't you think maybe you were in some kind of social engineering attack, and want to confirm it with somebody you knew to be your superior? That's all Childs did.

    67. Re:too easy by Haeleth · · Score: 1

      All you have to do to not break something, generally speaking, is to not touch it.

      That's speaking very generally. Consider a moving vehicle, a boiling saucepan, or a young child playing, for just three everday examples of things that can easily cause problems unless someone is monitoring them and intervening when necessary.

    68. Re:too easy by Fotograf · · Score: 1

      i think somebody else will be laughing his ass off...

      --
      God's gift to chicks
    69. Re:too easy by Anonymous Coward · · Score: 0

      and the Childs is laughing his ass off in jail

      Probabally not the only thing he is now doing with his ass.

    70. Re:too easy by Anonymous Coward · · Score: 0

      If he can still cause havoc on your network 14 months *after* he's fired, you should just give up and go home.

    71. Re:too easy by blackraven14250 · · Score: 1

      So I guess the only people allowed out of jail are those with a moderate amount of computer knowledge?

    72. Re:too easy by blackraven14250 · · Score: 1

      They could have also hired a new network engineer by the time those passwords were given up.

    73. Re:too easy by Hognoxious · · Score: 1

      If he had handed them over privately, and someone had misused them, he could have got the blame.

      He did hand them over later, by which time people were paying attention. Seems like a sensible bit of CYA to me.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    74. Re:too easy by hasdikarlsam · · Score: 1

      Statistics do not work like that. I'm pretty sure it's close to a Poisson distribution, and distributing poison means it's *more* likely to be close in time.

    75. Re:too easy by Anonymous Coward · · Score: 0

      I worked on their network a few years ago. Nothing there that static routes would not fix if eigrp became broken. In fact floating statics are not a bad idea as a backup in case routing fails.

      Pretty simple .
      Building "A" with addresses_A are connect to Building_B with addresses_B via point to point link(s)
      route add remote_network_addr_block netmask other_side_of_p2p_link

      whooo , you are done

      If I recall there were a large number of sites that had a single link ... so statics really are not a "bad" approach - why doing routing if there is but one link. ?

    76. Re:too easy by Muros · · Score: 0, Troll

      all of his authority with respect to this network come from his supervisor/manager. He only has the authority to "do what's best for the network" as long as it's still granted to him by his supervisor. As soon as his supervisor revokes that authority, he no longer has the privilege of deciding what is best for the network.

      And as soon as his employment is terminated, his obligations to that supervisor end, including the divulging of passwords.

      After all that, he was just being a dick

      I would consider someone firing you and then saying "Oh by the way I forgot to ask you to do something before I fired you, do it now or I'll get my friends to stick you in prison" to be the dick.

    77. Re:too easy by Anonymous Coward · · Score: 0

      Hey, leave me alone! I honestly thought I was programming a brand of condom. I didn't know it would cause harm and bring the network down!!!!

    78. Re:too easy by Attila+Dimedici · · Score: 1

      Punishment prior to conviction has become all too common, it's only one tactic in an unscroupulous prosecutor's bag of tricks.

      That's what you get when state prosecutes are chosen at the whim of the vindictive masses instead of by careful selection based on merit and principle.

      Who are you suggesting would do this "careful selection based on merit and principle"? And how would you prevent them from doing it on the basis of cronyism and self-interest (and/or outright corruption)?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    79. Re:too easy by bluefoxlucid · · Score: 1

      the unabomber?

    80. Re:too easy by bluefoxlucid · · Score: 1

      This is why you find lawyers out for blood. There are lawyers with their own ethics, and with a desire to make a name for themselves. There are lawyers that would find it outrageous that the DA could behave like this, and will take them apart just for fun; and then their case record will reflect disbarring the DA and throwing a judge off the bench for incompetence. Not to mention, with $5 million bail and so much time sitting in jail, with NO sentence and NO judgment, with the judge justifying the bail by specifically claiming he's been found guilty of a crime and is a danger so must be jailed (this is called sentencing), uh. Yeah. The lawyer wants a piece of the money coming off this, because fuck you all.

    81. Re:too easy by bluefoxlucid · · Score: 1

      So sue the department, and as part of your claimed damages put in that they must reconcile the root of the problem i.e. disbar the DA and throw out the judge. It's the DA's job to prosecute; it is NOT the DA's job to personally make your life a living hell. They are there to prove you guilty, not to sit your ass in jail and try to torture it out of you. They're creating a fresh, new criminal whose only livelihood will be a life of crime when this is all over, or a big sack of taxpayer money.

    82. Re:too easy by joaommp · · Score: 1

      it was just a joke, for hdparm's sake...

    83. Re:too easy by Anonymous Coward · · Score: 0

      Obviously raping a network is a more serious offense than raping a person. Well that's how the law sees things.

    84. Re:too easy by Anonymous Coward · · Score: 0

      Why wait o be released to initiate the fun lawsuits?

      The "because he might harm the network" argument fails at least partly on the logical implication he can NEVER be released, and that all system administrators are subject to random and permanent imprisonment at the whim of their employer....

    85. Re:too easy by digsbo · · Score: 1

      no, it was a network that had him as the "caretaker". Despite the methods, from what has been said, what he was doing was trying to protect the network. As a "caretaker", it's his job to do what he must to protect the network.

      This is starting to sound like, of, I don't know, the plot of "2001", with Childs being HAL9000, and the network being the crew?

    86. Re:too easy by Hatta · · Score: 1

      All the more reason to abolish sovereign immunity. Those enforcing the law should not be immune from it.

      --
      Give me Classic Slashdot or give me death!
    87. Re:too easy by NotBornYesterday · · Score: 2, Insightful

      Lock up one network admin, and you can get another to do his job. Lock up every dick on slashdot, and email will be downgraded to pony express within a week.

      On the other hand, the signal-to-noise ratio would get a lot better around here.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    88. Re:too easy by dgatwood · · Score: 1

      I meant for things like networks, in which the steady state is "working", as opposed to things like ticking time bombs, in which the steady state is "about to nuke a city". Clearly, if you knowingly leave something in an unstable state, that's negligent and foolish.

      Computers don't generally get into trouble, don't drive off cliffs, don't require food, and don't generate enough heat to catch fire. If they are doing any of these things, worry.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    89. Re:too easy by zstlaw · · Score: 1

      So he was arrested after setting himself as only admin on network devices, and then setting network devices so "they could not be administratively reset". Article I read last week said "booby trapped" but honestly it could have just been that he didn't commit changes to flash memory so that if devices were power cycled they had to be reconfigured from scratch. (It is not like reporters really understand configuring these devices) Another poster commented that locking down against admin reset is a common practice at facilities if you don't want users reconfiguring devices so maybe that was what was happening. *shrug*

      I believe that a lot of this boiled down to corporate politics. (group infighting , etc) The following is a fictional account of what happened based on background from Wikipedia and various newspaper articles :

      "There was a political fight between a couple of groups. His group was losing headcount and shrinking, admins were getting fired and duties transferred to another group that he didn't feel were capable but who were politically connected and growing in power. Someone junior to him in his group was defecting to other side, Childs catches defector in an unauthorized area carrying a harddrive and claiming to be doing a security audit that Childs had never heard of... A week later defector is promoted above Childs due to having joined the winning side. Childs had anticipated this and locked out other admin and maybe other people in his group that he considered likely to jump sides. Defector used superior position to demand the passwords back. Childs lied as he didn't want other group to take over and finish gutting the technical proficient but politically weak group he was part of.

      The politically savvy group used his refusal as opportunity to totally eliminate Childs group and spins Childs actions as a hostile attempt to seize control of the gov't network. They grow in size, his group is eliminated, defector has nice new management job.

      Basically once a workplace is big enough to have political infighting it is a race to the bottom.

      A simular thing happened with a friend who was a technical expert but not politically connected. He was network architect and got a few people fired for pure incompetence. One fired fellow was politically connected, and seen by my friend taking his college buddy (director at company) to some whorehouses. A month later director is appointed VP, fired fellow is new director. My friend is fired for incompetence while the new director seizes control of my friend the architect's pet project weeks from its completion and got a nice bonus check for completion of a multi-year project with outstanding reviews. Everyone except the technical fellow is happy.

    90. Re:too easy by Anonymous Coward · · Score: 0

      Childs could cause damage to San Francisco's network.

      But, but... think of the children

      Is our Childs learning?

    91. Re:too easy by I'm+not+really+here · · Score: 1

      Nah...
      He's just using the taxpayers' money to keep up his certs by using the available education system in jail.

      --
      Before commenting on the Bible, please read it first
    92. Re:too easy by skarphace · · Score: 2, Insightful

      all of his authority with respect to this network come from his supervisor/manager. He only has the authority to "do what's best for the network" as long as it's still granted to him by his supervisor. As soon as his supervisor revokes that authority, he no longer has the privilege of deciding what is best for the network.

      And as soon as his employment is terminated, his obligations to that supervisor end, including the divulging of passwords.

      Sorry, that's pure BS. Even if he's not employed, he's obligated by law to turn over control of the company's property. Think of it this way. I just got fired and they wanted the keys to the company truck back. I told them to go to hell because "I don't have to listen to you anymore."

      Now, what would your next move be as the employer? Probably the same as everyone; call the cops.

      --
      Bullish Machine Tzar
    93. Re:too easy by Ossifer · · Score: 2, Insightful

      No he shouldn't have to spend 14 months in jail, awaiting trial -- the constitution demands the right to a speedy trial. However he and his lawyer(s) have chosen not to exercise this right. I do think the $5 million bail is excessive, but bail is warranted nonetheless.

      And to everyone who thinks he going to cash in in some lawsuit against the city, keep dreaming... A civil jury of San Franciscans is not going to take too kindly to having had their city held hostage for weeks, requiring the mayor to make a jailhouse visit etc. Just because he was delegated some responsibility doesn't mean he has some legal right to deny the revocation of that responsibility.

      And now pesky infantile moderators, go ahead and mod me down: -1 strenuously disagree without logical basis...

    94. Re:too easy by bdenton42 · · Score: 1
      Somehow I think Cisco certs may be a little bit beyond the "computer literacy" course offered there... http://www.sfsheriff.com/jailpgms.htm.

      And if they really are keeping him in to expire his certs, he could be stuck in there for another couple years.

      Recertification Renewal Timeframes CCNA, CCDA, CCNP, CCDP, CCSP, CCVP, and CCIP certifications are valid for three years.
      All CCIE certifications and Specialist certifications are valid for two years.
      ...
      Individuals with an expired certification(s) must repeat the entire certification exam process in order to regain their certification(s).
      (http://www.cisco.com/web/learning/le3/learning_recertification_training.html)

    95. Re:too easy by bdenton42 · · Score: 1

      Oops, it looks like he's in California State Prison at Corcoran. http://www.insideprison.com/California-State-Prison-Corcoran.asp.

      But the education opportunities there don't appear to be much better http://www.cdcr.ca.gov/Visitors/Facilities/COR-Inmate_Programs.html. "Computer Technology". Woooo.

    96. Re:too easy by budgenator · · Score: 1

      As I remember it from previous articles, City policy was he could only reveal those passwords to the Mayor, not to his supervisor, while in Jail he did in fact give the passwords to the Mayor at their first meeting. To be honest nobody has even questioned whether his supervisor even had hire/fire privileges, or if he was even technically fired.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    97. Re:too easy by Cramer · · Score: 1

      And they too would be incompetent in Childs' eye. "I built the network, so noone can understand it better than me." Arrogant? Yes. Correct? No.

    98. Re:too easy by fireylord · · Score: 1

      then he launches the lawsuit?
      or his evil army of trained monkeys instead?
      cue lawyer/monkey jokes. . .

    99. Re:too easy by MrSmith0011000100110 · · Score: 1

      Do you even understand the issue here? The man is one of the few and proud CCIE's. He worked his ass off and was subsequently rewarded by being locked up for over a year without so much as a real charge being levied against him. And you think that the every-man they choose for the jury in his civil case won't side with him? Imagine that was you. Would you hand over the keys to your Ferrari so easily? I personally agree with the other /.'ers in thinking that once his employment was terminated his loyalty to the "company" ended. If they didn't have the intelligence to document anything they needed before they pulled the trigger that's tough shit on them.

    100. Re:too easy by MrSmith0011000100110 · · Score: 1

      But there was no damage to the network. Everything ran like it should except where the "experts" tried to hack in. His network ran as it should, like I wish mine would...without ME

    101. Re:too easy by Ossifer · · Score: 1
      While I may not be privy to all aspects, it is clear that you do not understand any of them:
      • He was not the only skilled IT employee of the city, as he and his apologists attempt to portray
      • Real charges were levied against him, actual violations of named, referenced laws of the state of California
      • The general public (in SF where I live) sees him as a minor terrorist, not the hero as the IT Nazis of slashdot see him
      • It was never his Ferrari, it was the city's
      • His employment did NOT end at the time, or before, he was arrested (most likely due to contracted union rules over discipline)
      • His loyalty may end at any point before after or during termination, but his contractual obligations do not.
      • Tough shit means he's been in jail for 14 months, as a result of his own actions and inactions
    102. Re:too easy by gonzo67 · · Score: 1

      It is not a Federal Judge, but only a county judge.

    103. Re:too easy by catmistake · · Score: 1

      I didn't say it was. I was making a comparison between the power wielded by Federal judges and local prosecutors. On the county level, judges are chumps. The prosecutors have the power.

    104. Re:too easy by smash · · Score: 1

      This was my point. If the loss of one person kills your business, your business design/contingency planning is completely fucked and you deserve to fail.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    105. Re:too easy by Falconhell · · Score: 1

      Completely and utterly wrong.

      When this issue was recently canvasssed it was revealed that he by law could not reveal the passowrds to anyone but the mayor.

      So no, not illegal at all. He was obeying the rules under which he worked.

    106. Re:too easy by hasdikarlsam · · Score: 1

      *Whoosh*

    107. Re:too easy by Anonymous Coward · · Score: 0

      The City of SF let someone have access to a span/mirror port at will after no stringent criminal or employment background check. I'd assume every end-user that ever crossed that network has been compromised. How many times do you use the same password for your personal bank, health care, retirement, online dating, personal email, instant messaging as you might use on a backend server portion of the network that passes traffic and your company password in the clear. Not that you should, but people do. If you were IMing on the network...well game over, sister. I hope the city of SF offers every SF employee a free fraud alert on their credit. A network admin that gets this much access OWNS you on a USB stick for a very very long time.

      Granted, TC should be let out with time served and probation..but yikes if he touches a computer. I think he broke the law...he has basically admitted to it telling Paul Venezia he wouldn't let it go that far the next time. The judge has thrown out the he said/she said modem charges. That's like proving rape...lack of consent...who knows...I wasn't there. He essentially gave the DA a signed confession when he gave over the passwords after 8 days of holding out. The DA could have still proven he used them everyday if he had plead "i forgot", but he didn't so they have a confession instead of having to prove beyond a reasonable doubt. Deal done. The judge has said that he did cause a DoS and that the california 502.c statute applies. Basically, he is telling Childs to show remorse before sentencing and the trial so he can let him out. I think prison was way too much for him...but I really hope good admins police their own before another insider can hold something hostage. That karap spoils everything for honest admins.

      The judge will give him a hefty fine, but the city won't collect it. It is just legal maneuvering that protects the city from ambulance chasers and endless appeals or lawsuits. Basically, it just puts this ugly ordeal to rest so we can learn from it.

  2. Only if... by evil_aar0n · · Score: 5, Insightful

    He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

    --
    Truth, Justice. Or the American Way.
    1. Re:Only if... by TubeSteak · · Score: 1

      He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

      What makes you think the network is secure enough that unchanged passwords are the only vulnerabilities?

      --
      [Fuck Beta]
      o0t!
    2. Re:Only if... by Simulant · · Score: 1

      In which case, whom ever is in charge now deserves to be fired.

    3. Re:Only if... by ArbitraryDescriptor · · Score: 1

      He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

      I know they changed all the "dangerous" VPN passwords they accused him of hoarding. Of course, after entering them into the public record; they kind of had to. It took them two days to react; and subsequently caused the only network outage related to this incident; but they got changed.

    4. Re:Only if... by netruner · · Score: 1

      He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

      Or if he had previously planted a trojan he could remotely trigger.....

      Don't get me wrong, I think this whole thing is out of control - I just think that the argument presented doesn't prove what it was intended to prove.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    5. Re:Only if... by Zen+Hash · · Score: 5, Insightful

      "The defendant's withholding the passwords caused DTIS to be denied administrative access to the FiberWAN, which constituted a denial of computer services," Judge McCarthy wrote.

      The defending not giving up the administrative passwords for his former employer's network didn't cause anyone to be denied administrative access. Their own incompetence and lack of planning were responsible for that.

      This whole thing is ridiculous, yet it's still not over... The people who need to be held accountable are the managers responsible for allowing such a major fuck-up to occur with something as critical as they claim.

      --
      Here I sit, all broken hearted.
      Came to poop, but only farted.
    6. Re:Only if... by HangingChad · · Score: 4, Insightful

      He's a danger to their network only if no one has yet changed the passwords...

      No kidding. Are those routers and servers just running on on the same settings they were set on 14 months ago? No one has run updates? Changed any settings? Heck, in a lot of places half that equipment would have been replaced in a year. Any reasonably competent admins could have secured that network before now. Most routers have a way of resetting the root password, even if that means taking them off-line a few at a time and reprogramming them.

      This is insane. 14 months in jail. Come on San Francisco, time to extract your head out of your boyfriend's ass.

      Hopefully his lawyers can appeal to a judge with clue before this stupidity goes any further.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    7. Re:Only if... by evil_aar0n · · Score: 4, Insightful

      You would think, by now, that someone would have come in and cleaned up the network and battened the hatches. After all the publicity this has gotten, if there's _still_ a hole for Child's to access, then they deserve whatever skull-fucking he can give them.

      I know these are government employees, but, as I said, with the publicity surrounding this one, they might have justified breaking the piggy bank to pay for a real network guru to give it a once-over, at least.

      --
      Truth, Justice. Or the American Way.
    8. Re:Only if... by Ihmhi · · Score: 2, Funny

      Are you serious? He's been in prison for over a year. Surely by now he's learned about all kinds of backdoors!

    9. Re:Only if... by mrsquid0 · · Score: 1

      Unfortunately, there is a real chance that some of those passwords have not been changed.

      --
      Just because you are paranoid does not mean that no-one is out to get you.
    10. Re:Only if... by turbidostato · · Score: 1

      "Or if he had previously planted a trojan he could remotely trigger..."

      Well, or he installed a dead-man trigger and it is him retained in prision the thing that will shoot armaggedon.

    11. Re:Only if... by amicusNYCL · · Score: 3, Insightful

      He doesn't deserve to sit in jail until someone gets around to changing the passwords.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    12. Re:Only if... by Svartalf · · Score: 5, Insightful

      What makes you think that he'd do that if let loose? If it did get screwed up, I'd think he'd be the first to receive blame at this point. Unless one has a very, very good escape plan that is sure-fire and won't fail, I would think that unless they're completely nuts, a person in Childs' position is not going to go at them for "revenge".

      They're more in danger from other threats than this man at this point. To put it more succinctly: The risk is imaginary; the DA's whipping up fantasies that're just plausible enough that the Judge is willing to sign off on them. He didn't do a denial of service. He didn't intend to do so, as best as can be determined. He followed their internal security policies per passwords, even.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    13. Re:Only if... by whoever57 · · Score: 4, Insightful

      What makes you think the network is secure enough that unchanged passwords are the only vulnerabilities?

      Since one can never prove that a network is secure, what are they going to do: lock him up forever?

      --
      The real "Libtards" are the Libertarians!
    14. Re:Only if... by Anonymous Coward · · Score: 0

      He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

      On a network that large, I'd expect that they'd be using TACACS or RADIUS, verified against an LDAP-based directory service. Disable the user object, force everyone else with router/network infrastructure privileges to change their passwords, no more threat.

      I simply don't understand why he was permitted to be the only person with admin access. If he didn't trust the competence of others, then all he needed to do was backup the configurations on a regular basis. Hell, schedule it, and do it twice a day, every day, to a TFTP server on the internal network that you control, keep a year's worth of configs for each device, compressed.

      It sounds to me as though just about everyone involved is an asshole.

    15. Re:Only if... by russotto · · Score: 1

      After all the publicity this has gotten, if there's _still_ a hole for Child's to access, then they deserve whatever skull-fucking he can give them.

      After holding him in jail on excessive bail for bogus charges for 14 months, they deserve whatever skull-fucking he can give them regardless. Maybe they know that and that's why they are afraid to release him.

    16. Re:Only if... by Cramer · · Score: 2, Informative

      If you're up-to-date on the case, you should remember he turned off password recovery. The only way to reset the password is erase the configuration (NVRAM) and there are no (known) archived backups. He was the only one with the knowledge to rebuild a config from memory. He did this on purpose to stop people in the field from altering the configuration (passwords, routes, anything)

      If someone erased the config on any of my gear, I'd be pissed. And I keep backups.

    17. Re:Only if... by Joe+Snipe · · Score: 2, Insightful

      Any reasonably competent admins could have secured that network before now

      I believe it was the lack of those that got Child's in this trouble in the first place.

      --
      Sometimes, life itself is sarcasm...
    18. Re:Only if... by mabhatter654 · · Score: 1

      then we have to get THEIR passwords.... better lock them up BEFORE asking just to be sure!!!

    19. Re:Only if... by mabhatter654 · · Score: 1

      Just because you are paranoid does not mean that no-one is out to get you. ... and he's DEFINITELY out to get them!!!

    20. Re:Only if... by element-o.p. · · Score: 4, Informative

      All of which is irrelevant because Childs released the passwords to the mayor in July of '08. That leaves an awfully long time for S.F. to have changed the passwords and gone through the configs with a fine-toothed comb.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    21. Re:Only if... by Fex303 · · Score: 1

      Since one can never prove that a network is secure, what are they going to do: lock him up forever?

      No, just till he's dead and can't sue them anymore.

    22. Re:Only if... by Cramer · · Score: 0, Troll

      I was responding to the "Most routers have a way of resetting the root password" part. He turned that off.

      But, yes, he did eventually hand over the passwords. And yes, they should have the network audited and secured by now -- long ago, in fact. They're just keeping him locked up because they can -- much the same way he lorded over the FiberWAN network.

    23. Re:Only if... by mrsquid0 · · Score: 1

      Just because someone is out to get you does not mean that you are paranoid.

      --
      Just because you are paranoid does not mean that no-one is out to get you.
    24. Re:Only if... by Anonymous Coward · · Score: 0

      Revenge?

      He's been in prison for fourteen months

      I mean, they certainly bent over backwards to give the guy a good strong motive...

    25. Re:Only if... by TimSSG · · Score: 1

      Why do you think any qualified network admin would ever work for the SF city with the way they treated there prior admin? Tim S.

    26. Re:Only if... by MartinSchou · · Score: 1

      What kind of odds will the bookies give on the city and DA pressing additional charges against Childs for breaking the password policy by telling the mayor?

      It might not be done in this instance, but if Childs is cleared, I wouldn't be surprised if this is taken as a secondary out.

    27. Re:Only if... by Hatta · · Score: 1

      It wouldn't be the first time.

      --
      Give me Classic Slashdot or give me death!
    28. Re:Only if... by sabt-pestnu · · Score: 1

      ... or for S.F. to have sat with their thumb up their bum because they couldn't afford to hire someone competent enough to sort their mess out.

    29. Re:Only if... by xycadium · · Score: 1

      Maybe at this point, there's no one out there willing to do the job in fear of the sf gov coming after them for some kind of fantasy trumped up charge. I'm not sure there's enough money that would make me consider such a short term contract.

  3. Witchcraft by pem · · Score: 4, Insightful

    Anybody who knows about computers has to be kept away from them, else they might cast spells on the rest of us.

    1. Re:Witchcraft by moon3 · · Score: 1

      ^^ (raised eyebrows) Are similar rulings a norm in the US ?

    2. Re:Witchcraft by smartr · · Score: 4, Insightful

      Why pay attention to the 6th and 8th amendments of the Constitution when there are witches? No one is safe from their power!!!

    3. Re:Witchcraft by eyepeepackets · · Score: 1

      Yup. Texas especially so.

      --
      Everything in the Universe sucks: It's the law!
    4. Re:Witchcraft by Oswald · · Score: 1

      I don't know about their being a norm, but they're certainly not unheard of. Per Wikipedia, Kevin Mitnick was treated in a similar fashion before his trial.

    5. Re:Witchcraft by whatajoke · · Score: 5, Informative

      Most judges in USA are elected.

    6. Re:Witchcraft by theCoder · · Score: 4, Insightful

      While it's lots of fun to make fun of right wing crazies, it should be noted that this case is taking place in San Francisco, California, one of the most liberal places in the country. Just further proof that stupidity knows no political or ideological boundaries.

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    7. Re:Witchcraft by dave562 · · Score: 4, Interesting

      They were treated that way because Mitnick and in this case Childs didn't learn from the down falls of others. I was into messing with phone systems, cellular systems and other "key infrastructure" type systems in the early 1990s. At that point in time I was in my early teens and pretty much immune from prosecution for my actions. I also had the benefit of the fact that very few people knew anything about networked systems and laws like DCMA and the like weren't on the books. When I turned 18 I took a look around me and I realized this very key thing. The "powers that be" made a conscious decision to spend their efforts prosecuting people who exploit obvious and "easy to secure" holes in systems. I had access to 5ESS switches not because I was an uber hacker, but because the admins were lazy and never changed default passwords and/or failed to shred trash. Rather than spending the effort to educate/train competent admins and put an emphasis on securing systems, they decided to take the approach of severely punishing anyone who messed with the systems. In my case, the approach worked. Free phone calls and root accounts on systems weren't worth trading for jail time in Federal prison.

      Terry Childs seems to have made the mistake that a lot of socially inept people make. They tend to believe that their knowledge will insulate them from the brute force of the establishment. Childs apparently felt that he was doing the right thing and wasn't able to distance himself from his own beliefs long enough to recognize that they were putting him in jeopardy. The way he has been treated is absolutely reprehensible. What it isn't is unpredictable. A person who stands in the way of the government should either be ready to start a full on insurrection, or be prepared to be cast aside. The government doesn't do what is "right". They do what needs to be done to maintain order.

    8. Re:Witchcraft by Fulcrum+of+Evil · · Score: 1

      Please point to the illegal thing that Childs did.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    9. Re:Witchcraft by dave562 · · Score: 5, Insightful

      It doesn't matter. He messed with the man. That is where he messed up. Legal or not he will eventually get his day in court and if he hasn't done anything illegal he will be exonerated. He will never get the last fourteen plus months of his life back. He will never have not gone to jail. The point I was trying to make is that if someone wants to make a point and mess with the government, they need to be ready to deal with how ugly it will get. That's the unfortunate reality of the country that we live in.

    10. Re:Witchcraft by Anonymous Coward · · Score: 0

      Why pay attention to the 6th and 8th amendments of the Constitution when there are witches? No one is safe from their power!!!

      Does Terry Childs weight the same as a duck?

    11. Re:Witchcraft by CroDragn · · Score: 5, Funny

      Texas is right wing crazy. California is just bat shit crazy.

    12. Re:Witchcraft by corbettw · · Score: 3, Funny

      When the hell did San Francisco move to Texas?

      --
      God invented whiskey so the Irish would not rule the world.
    13. Re:Witchcraft by Anonymous Coward · · Score: 0

      no, only a penguin

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

      "The personal, as everyoneâ(TM)s so fucking fond of saying, is political. So if some idiot politician, some power player, tries to execute policies that harm you or those you care about, take it personally. Get angry. The Machinery of Justice will not serve you here â" it is slow and cold, and it is theirs, hardware and soft-. Only the little people suffer at the hands of Justice; the creatures of power slide from under it with a wink and a grin. If you want justice, you will have to claw it from them. Make it personal. Do as much damage as you can. Get your message across. That way, you stand a better chance of being taken seriously next time. Of being considered dangerous. And make no mistake about this: being taken seriously, being considered dangerous marks the difference - the only difference in their eyes - between players and little people. Players they will make deals with. Little people they liquidate. And time and again they cream your liquidation, your displacement, your torture and brutal execution with the ultimate insult that itâ(TM)s just business, itâ(TM)s politics, itâ(TM)s the way of the world, itâ(TM)s a tough life and that itâ(TM)s nothing personal. Well, fuck them. Make it personal." - Takeshi Kovacs, "Altered Carbon"

    15. Re:Witchcraft by Anonymous Coward · · Score: 0

      They do what needs to be done to maintain order.

      They do what needs to be done to maintain power.

    16. Re:Witchcraft by StarsAreAlsoFire · · Score: 2, Insightful

      [...]apparently felt that he was doing the right thing and wasn't able to distance himself from his own beliefs long enough to recognize that they were putting him in jeopardy

      Yeah. History is full of those kind of people. Washington. Franklin. Jefferson. Truman.
      Stand up for what you believe. Or die know you compromised your beliefs to satisfy a bunch of know nothing idiots. It's a choice.
      Most people choose not to make it, by living shallow, quiet, unobtrusive lives.

      Including myself, actually! Life's a lot more fun when you don't have to run from the FBI. Or so I would imagine.

    17. Re:Witchcraft by dave562 · · Score: 1

      The difference between people like George Washington and Terry Childs is that Washington was representing hundreds of thousands of people whose support he enjoyed to at least a small extent. Childs was representing himself and doesn't have any support.

    18. Re:Witchcraft by StarsAreAlsoFire · · Score: 1

      Anyone who puts their life on the line for an ideal is representing themselves. Or is a publicity whore with a gambling problem.

      Though, you are correct in one thing: it is plausible that Washington would never have take the risk without the backing of tens ( I question hundreds, strongly ) of thousands of people.

    19. Re:Witchcraft by einhverfr · · Score: 1

      Anybody who knows about computers has to be kept away from them, else they might cast spells on the rest of us.

      Quite right. Chances are he even has daemons haunting his computer which send him emails from time to time....

      I here there is this one called the Inet Daemon. Inet stands for internet. It lives in the internet and feeds off the souls of sysadmins. Then there is the Telnet Daemon that manifests as TTY devices-- this one is fairly innocuous though unless it is paired with the guard-dog of Hades: Kerberos.....

      --

      LedgerSMB: Open source Accounting/ERP
    20. Re:Witchcraft by Anonymous Coward · · Score: 0

      Sadly, not all are.

    21. Re:Witchcraft by sakari · · Score: 1

      And this is the reason we must stick it to the man, exactly. Staying static will not bring any change. Fight the man. He is just a man, after all. We can overcome.

    22. Re:Witchcraft by mccabem · · Score: 1

      I know you specified San Fran. and I fully agree with you on the boundaries of stupidity, but still wanted to point out that Liberal-ness within California is an Urban Legend both created and perpetuated by Hollywood and intensely fed upon by the political establishment and media.

      Walk away from the media's (esp. Hollywood's) portrayal and look into the reality and you find a few impossibly small pockets of Liberal thinking surrounded by miles and miles of the Conservative "mind". It's not too different from what you might find in the Midwestern states or elsewhere. The main difference is not makeup of philosphy, but scale -- California is huge. Yes, more Liberals, but also more Conservatives.

      Forget not that despite the Liberalness and Gayness our minds associate with California, that state is also home to the Republican's god, Ronald Reagan and the Gay Marriage Ban. Also, California ripped out one of their previously most beloved (by the election numbers) Liberal Governors just so the Governator could take a shot.

      Just a few (deep) examples, but I hope enough to make the point that any assumptions we hold about Liberalness in California are surely not well founded.


      -Matt

    23. Re:Witchcraft by LanMan04 · · Score: 2, Funny

      I don't think there's any such thing as a liberal police force.

      --
      With the first link, the chain is forged.
    24. Re:Witchcraft by ezraekman · · Score: 1

      You seem to be under the mistaken impression that just because the law says you have rights, you actually *have* those rights. Allow me to clear that up for you:

      Your rights aren't what you're granted by the law. Your rights are what you can actually enforce, be it on the street or in a courtroom.

      You have the right to be treated with respect and dignity by authorities, and yet we read stories (or worse, have our own stories to tell) about being abused by law enforcement officers. You have the right to a fair and speedy trial and the right to confront your accuser, yet many "prosecutor's judges" will try to get you to waive those rights, even going so far as to ignore them unless you speak up.

      I once had a judge who tried to tell me that I couldn't file motions because the trial had already begun. (WTF?! Good thing I brought caselaw!) I've had a judge tell me that I couldn't present evidence because I hadn't shown it to the officer who was there as a witness against me. (Witnesses aren't prosecutors, and don't have the right to look at your evidence. He actually asked "Come on, just show the officer your evidence. What could it hurt?" I said "My case, your Honor.") I've had a judge tell me that I had no right to a court reporter or to record my own trial. (These rights have been upheld by the CA Supreme Court, who went so far as to state that denying them was an abuse of power. When I stated that he pushed my trial to the end of the day's calendar.) I fought hard for my rights, and was rewarded with some of them. But not all of them.

      Just because the law says something is so doesn't mean it is. I hope that, if he is innocent, he will be exonerated. But don't assume that, just because someone is innocent, they will be treated as such in the end. Fight for your rights, and fight for theirs too, because someday it might well be you in the courtroom, hoping that someone else will speak up for you.

  4. take that SF by cwmendel · · Score: 5, Funny

    maybe he should get his money's worth and go sexually assault five children then...

    1. Re:take that SF by phantomfive · · Score: 4, Interesting

      I can kind of understand why they would set the bail so high if they don't want him out of prison during the trial, because he probably has more money than the average murderer or rapist, and could actually afford a $1 million bail. On the other hand, I don't understand why they don't want him out of prison during the trial. Especially since the article mentions he's already served more time than his eventual sentence will be, even if he's found guilty.

      If I were Mr Childs, at this point my thoughts would be less on vandalizing the network and more on vandalizing the nose of the prosecuting attorney who convinced the judge that there was some sort of danger to the network if I was released.

      --
      Qxe4
    2. Re:take that SF by Trikki+Nikki! · · Score: 0, Offtopic

      It feels really wrong to laugh at this, but I'm not sure I can help it. Yes I know, I'm going to hell... but at least two other assholes are coming with me :)

      --
      i r in ur /.s girling up ur storiez
    3. Re:take that SF by Anonymous+Cowpat · · Score: 2, Insightful

      or, more importantly, since the prosecution doesn't want him out of jail during the trial, and the judge clearly subscribes to that view, why doesn't he just drop the whole charade of offering him bail that he'll never be able to meet?

      --
      FGD 135
    4. Re:take that SF by e2d2 · · Score: 1, Informative

      Bail is not supposed to keep them from doing more harm. Bail is meant to make certain the defendant appears for court. Every person released before trial can commit another crime, but yet they should be released. Why? Because "may commit a crime" isn't reason enough to detain someone.

    5. Re:take that SF by Anonymous Coward · · Score: 0

      he probably has more money than the average murderer or rapist, and could actually afford a $1 million bail. quote>

      I don't know what you're smoking, but I don't think ANY sysadmin can afford $1 million.

    6. Re:take that SF by Brian+Gordon · · Score: 1

      Because you can't hold someone without bail except for very extreme circumstances that are specifically spelled out in law, and that don't come anywhere close to including "non violent offender with a secret password."

    7. Re:take that SF by corbettw · · Score: 1

      Just because he works in IT doesn't mean he was well paid, and it certainly doesn't mean he was rich. It's not like the guy was a Google co-founder or something, he was a civil servant for a medium sized city. I doubt he made more than $80k a year (not as much as it sounds in San Francisco).

      --
      God invented whiskey so the Irish would not rule the world.
    8. Re:take that SF by Anonymous Coward · · Score: 1, Informative

      Just because he works in IT doesn't mean he was well paid, and it certainly doesn't mean he was rich. It's not like the guy was a Google co-founder or something, he was a civil servant for a medium sized city. I doubt he made more than $80k a year (not as much as it sounds in San Francisco).

      $149,269 in 2007 according to public documents.

      source: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/14/BAOS11P1M5.DTL

    9. Re:take that SF by Anonymous+Cowpat · · Score: 3, Insightful

      then why isn't he forced to hold him with bail that he can reasonably meet? What happens when Childs get $5m together? Does the prosecutor just go and ask for it to be raised to $10m?

      I suppose my question is what, functionally, is the difference between being held without bail, and being held with bail deliberately constructed to be so high as to be unmeetable? And if there's no difference, why have the distinction?

      --
      FGD 135
    10. Re:take that SF by Brian+Gordon · · Score: 1

      Welcome to the real world. Happy birthday!

    11. Re:take that SF by Anonymous Coward · · Score: 0

      The same difference between limited copyright and copyright terms that get extended every time Steamboat Willie is about to fall into the public domain.

      It's the old one about in theory there is no difference between theory and practice; in practice, there is.

      As long as they've got the legal fig-leaf, they'll abuse it and pretend they aren't.

    12. Re:take that SF by Gkeeper80 · · Score: 1

      And if the judge doesn't want him out of jail, why set bail at all? Is a $5 million bail really any different than denying bail? If he could arrange for $5 million as opposed to $1 million (or any other sum), would he be any less likely to leave town or commit a crime?

      Seems like his bail should either be something that he could muster, but which would ruin him financially if he did something to forfeit it, or it should be denied outright.

    13. Re:take that SF by sabt-pestnu · · Score: 1

      You are quite correct. US law allows detention without bail only for certain crimes, and what Childs is accused of is not one of them. ... So they set the bail so impossibly high that it is effectively "no bail".

      The court could demand a cash bail: Childs would have to pony up $5 million. Simple interest on a loan like that would be grievous, given that the trial could be a couple years down the road.

      The court could demand a surety: 10% of the bail amount, with the rest due if the defendant fails to appear. If a direct surety, Childs would have to provide the 500,000 to the court, but would get it back on appearance. If through a bondsman, the bondsman would *keep* the 500,000.

      Of course, since this is a "no bail" situation, it is unlikely they'd accept a cash bail. ... and might decide to up the bail amount, should he actually raise it.

      Of course, $5 million is by no means the largest bail demanded... See Tiller Suspect's Bail and Rockefeller bail.

    14. Re:take that SF by Anonymous Coward · · Score: 0

      If I were Mr Childs, at this point my thoughts would be less on vandalizing the network and more on vandalizing the nose of the prosecuting attorney who convinced the judge that there was some sort of danger to the network if I was released.

       
      I'm sure that the prosecutor will take care of 'vandalizing' his own nose on his own time, TYVM.

    15. Re:take that SF by pbaer · · Score: 1

      The point of bail is that you are supposed to be able to pay it! Most courts do have the option of denying bail if they think you are too dangerous to let out before trial.

      --
      There are 11 types of people, those who know unary and those who don't.
  5. No confidence by AlHunt · · Score: 5, Insightful

    > Prosecutors have argued that the bail is appropriate because, if released, Childs could cause damage to San Francisco's network.

    It sounds like they have zero confidence in whoever is now in charge of securing their network.

    --
    1 in 4 Maine children in struggle with hunger.
    1. Re:No confidence by Anonymous Coward · · Score: 0

      Yup, I'd hate to be that new hire!

    2. Re:No confidence by Anonymous Coward · · Score: 1, Insightful

      Childs did not trust them either.

    3. Re:No confidence by techno-vampire · · Score: 2, Interesting

      It sounds to me more like they're afraid he's left one or more back doors into the system.

      --
      Good, inexpensive web hosting
    4. Re:No confidence by Jarjarthejedi · · Score: 1

      Which requires low confidence in your current security professional.

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    5. Re:No confidence by digitalunity · · Score: 1

      There are a variety of techniques to hide backdoors even from the majority other security experts, such as portknocking.

      You can have all the redundancy and safety protocols you want, but at some level, it comes down to a decision of trust.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    6. Re:No confidence by Lumpy · · Score: 5, Funny

      It's in safe hands. The city hired The Geek Squad.

      --
      Do not look at laser with remaining good eye.
    7. Re:No confidence by AlHunt · · Score: 1

      > You can have all the redundancy and safety protocols you want, but at some level, it comes down to a decision of trust.

      Even that doesn't justify the uber-excessive bail in this case. If he's found not guilty are they going to keep him in jail, "just in case"?

      --
      1 in 4 Maine children in struggle with hunger.
    8. Re:No confidence by digitalunity · · Score: 4, Insightful

      No, my point was kind of that there is an implicit trust between all employees and their IT personnel. The IT people have all the keys to all the doors, they can know anything about your company, even that which should be restricted to the highest personnel. Refusal to divulge root passwords to those who shouldn't have them isn't a very good reason to throw someone in jail, even if it IS a city government network.

      Instead of holding this man, they should congratulate him for bringing to light the colossal insufficiency of their manpower in this department and the total negligent lack of redundancy in key positions. The fact that they got into this position at all, with only a single person having the root passwords for key infrastructure is a sign of the departments lack of intelligible oversight.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    9. Re:No confidence by tsm_sf · · Score: 1

      Following this to its logical conclusion, if Childs is a threat now he will always be a threat. Either we kill him, imprison him for life (with no contact with the outside world), or completely replace ALL the SF hardware.

      Obviously none of these choices will happen. Therefore at some point the legal system will have to trust that Childs won't uber-hack the city, which renders the 5mil bail pointless.

      ((as an aside, this is setting a horrible precedent. Any admin that walks away from a poorly documented system could face indefinite jail time.))

      --
      Literalism isn't a form of humor, it's you being irritating.
    10. Re:No confidence by turbidostato · · Score: 1

      "There are a variety of techniques to hide backdoors even from the majority other security experts, such as portknocking."

      And surely those trojans would sustain reimagin the devices with clean vendor media and then upload new clean configurations, wouldn't they? It has been 14 months, for godsshake!

    11. Re:No confidence by DragonWriter · · Score: 2

      It sounds like they have zero confidence in whoever is now in charge of securing their network.

      Well, the prosecutors work for the City and County of San Francisco, too; certainly, its not that uncommon for people on the business side of an operation to have low confidence in their own IT staff.

    12. Re:No confidence by Toonol · · Score: 1

      Refusal to divulge root passwords to those who shouldn't have them isn't a very good reason to throw someone in jail, even if it IS a city government network.

      It also means that Childs reneged on that trust. Any sysadmin that keeps secret passwords, and won't divulge them to the actual owners, deserves at LEAST firing, and mostly likely a civil lawsuit. Criminal charges depend on the circumstances.

    13. Re:No confidence by mysidia · · Score: 1

      Which is what firewalls are for. Portknocking doesn't work if your traffic doesn't get past the firewall.

      I would expect a security review would include checking the firewalls and reviewing the justification for every accessible port on every accessible host.

      Also, your servers that the outside can ever connect to live in a DMZ, so even if you get in through portknocking, you are now trapped, and have set off a bunch of alarms by trying to SSH, telnet, or probe addresses beyond the DMZ.

    14. Re:No confidence by mabhatter654 · · Score: 1

      the proper course would have been to go to CIVIL court for the passwords, take him to the judge and demand him to tell... then he's in custody, can't do harm, and sits in jail for contempt of the order... which generally has no limit! The city refused to follow proper civil procedures to get him to release their property and were totally at fault for wrongful prosecution here.

    15. Re:No confidence by Anonymous Coward · · Score: 0

      im laughing so hard at this

    16. Re:No confidence by mrchaotica · · Score: 4, Informative

      It also means that Childs reneged on that trust. Any sysadmin that keeps secret passwords, and won't divulge them to the actual owners, deserves at LEAST firing

      There were no "actual owners" for Childs to divulge the passwords to! In fact, Childs was both fired and arrested because he insisted on following the documented password policy even though unqualified-but-politically-powerful assholes demanded that he break it. Agreeing to give the passwords to the mayor, a compromise he made while already in jail, was actually the only thing he did wrong (because, according to the policy, the mayor wasn't entitled to be given the passwords either)!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:No confidence by Anonymous Coward · · Score: 0

      Thank you, good sir. There are times when +5 Funny just isn't enough.

    18. Re:No confidence by Anonymous Coward · · Score: 0

      Of course, at this point, if they still haven't secured the network after a year, the people in charge now are more dangerous to the city network than Childs could ever be.

    19. Re:No confidence by MartinSchou · · Score: 1

      Could be worse. They could have hired the Nerd Herd ... imagine Jeff and Lester trying to handle the network.

    20. Re:No confidence by timmarhy · · Score: 0

      what i want to know is what kind of idiot goes to jail to protect passwords to his employers computer system?!

      it sounds to me like this guy has mental issues - if you recieved a written request from your manager for a password to non personal equipment, you'd just fucking do it wouldn't you? it'on paper, if anything goes wrong it's on his head....

      --
      If you mod me down, I will become more powerful than you can imagine....
    21. Re:No confidence by AlHunt · · Score: 1

      >No, my point was kind of that there is an implicit trust between all employees and their IT personnel.

      Gotcha. I thought you were defending the $5M bail.

      --
      1 in 4 Maine children in struggle with hunger.
    22. Re:No confidence by shentino · · Score: 1

      Great, the one loophole they're looking for to screw him to the wall.

      They'll nail him for giving the password to the mayor!

      Boss: Come on now, have a drink
      Guard: *drinks*
      Boss: You're fired for drinking on the job.

    23. Re:No confidence by mrchaotica · · Score: 1

      if you recieved a written request from your manager for a password to non personal equipment, you'd just fucking do it wouldn't you?

      First of all, what makes you think he ever received such a thing? IIRC, he got called into a conference with a bunch of people, including ones who weren't authorized to know the password and unknown ones on the other end of a speakerphone, and was asked to convey it verbally. And since he was the top IT guy to begin with, did he even have a manager other than the mayor himself?

      Second, this was a politically-motivated witch hunt: if he had disclosed the password sooner, they would have just jailed him for improperly disclosing it instead! Every course of action he could have taken would have resulted in them arresting him; at least this way he's not actually guilty of what they're accusing him of.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    24. Re:No confidence by Falconhell · · Score: 1

      Way to repeat your untrue accusation.

      To repeat a poster above, whom you obviously did not read;

      San Francisco government policy, from http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf [sfgov.org]

      "Password Policy"
      As such, all County employees (including contractors, vendors, and temporary staff with access to County systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords.
      All system-level passwords (e.g., root, enable, NT admin, application administration accounts, etc.) must be changed on at least a monthly basis"
      "Do not share County passwords with anyone, including administrative assistants or secretaries.

      All passwords are to be treated as sensitive, confidential County information.

      Here is a list of things to avoid
      -Telling your boss your password.
      -Talking about a password in front of others.
      -Telling your co-workers your password while on vacation."

      Understand? He obeyed the law!

  6. Sick of this by nickdwaters · · Score: 4, Insightful

    The incompetence of the legal system has no lower bound.

    1. Re:Sick of this by e9th · · Score: 3, Insightful

      I'd be happier if it had an upper bound.

    2. Re:Sick of this by mrsquid0 · · Score: 1

      That is good. Negative incompetence would be a big improvement.

      --
      Just because you are paranoid does not mean that no-one is out to get you.
    3. Re:Sick of this by Renraku · · Score: 1

      Perhaps the legal system is trying to cover the asses of the IT staff. You know, the staff that has been consistently downsized and out-sourced to the lowest bidder for several years in a row? The team that was first to take budget cuts, but that suffered the most?

      I think they're just trying to buy time for the changes/repairs to be made. Sucks that he's the victim of it, but preying on the weakness of the government (federal or state or local) is always a Bad Idea.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    4. Re:Sick of this by noidentity · · Score: 1

      The incompetence of the legal system has no lower bound.

      As does the proper use of negation. I think you either mean "The competence of the legal system has no lower bound." or "The incompetence of the legal system has no upper bound."

  7. Man, I shouldn't have blown my mod points. by argent · · Score: 3, Insightful

    Since I can't mod you down, I'll just note that they've now had over a year to change the passwords and otherwise secure the allegedly compromised LAN.

  8. Judge doesn't quite understand by phantomfive · · Score: 4, Insightful

    I don't think the judge understands the nature of network security, which is understandable since he isn't an IT guy......but no doubt the prosecuting attorney was pushing to distort the issue to make him look as dangerous as possible. What if he is not guilty, are they still going to keep him in jail because he might be dangerous? Furthermore, if he DOES damage the network, can't they just charge him for that crime at that time? It's not like he can cause irreparable damage, as murdering someone might.

    One thing I don't understand is why this guy doesn't exercise his right to a speedy trial. He's already been punished enough considering all the evidence I've seen suggests he is innocent. Maybe he is getting some kind of zen experience living in jail and he actually likes it or something. From what I've heard from some sysadmins, living in jail can't be much worse than that job.

    --
    Qxe4
    1. Re:Judge doesn't quite understand by Monkeedude1212 · · Score: 2, Funny

      In jail, they schedule time for you to SLEEP.

    2. Re:Judge doesn't quite understand by Archangel+Michael · · Score: 5, Insightful

      You're right, and you're wrong.

      The Judge doesn't understand, he is not paid to understand.

      What the Judge does understand is that letting this guy out of jail on BOND is dangerous to SF political types running the city. This is far more dangerous, in their mind, than a child rapist, mass murderer or other heinous criminal, hence the steep bail.

      And the city wonders why nobody wants to visit there any more.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    3. Re:Judge doesn't quite understand by grahamsaa · · Score: 5, Informative

      The right to a speedy trial is a pipe dream in most states in the US. If a defendant files any motions whatsoever, all time spent up to and during the argument of those motions is not counted against the prosecution. If the prosecution asks to reschedule a hearing they are often given the benefit of the doubt, sometimes 2, 3, even 4 times. Cases that are won on speedy trial grounds, particularly cases involving felonies, are incredibly rare in the US. Speedy trial is technically a constitutional right, but in practice, it's next to worthless to a defendant.

      There's also a constitutional right protecting us from excessive bail, but it doesn't look like the judge cares about that either, and even if bail was appealed, it would be held up on appeal.

      --
      Facts have a liberal bias.
    4. Re:Judge doesn't quite understand by Anonymous Coward · · Score: 0

      Given that he has been in jail for 14 months, he has likely already waived his right to a speedy trial. If you waive your right to a speedy trial, it can take just about as long as the prosecution wants (and you cannot rescind your waiver).

    5. Re:Judge doesn't quite understand by techno-vampire · · Score: 1
      From what I've heard from some sysadmins, living in jail can't be much worse than that job.

      In jail, nobody expects you to help them with stupid problems (e.g., people complaining that their number pad doesn't work because Num Lock isn't on.) on computers you're not responsible for, or running an OS that's not included in your job description. For some sysadmins, this would be enough to make jail bearable.

      --
      Good, inexpensive web hosting
    6. Re:Judge doesn't quite understand by Gordo_1 · · Score: 2, Insightful

      Um, I'd be surprised if most people visiting SF had heard of this case. There are plenty of other reasons why nobody wants to visit SF anymore, and most derive from the rampant homelessness problems, crumbling infrastructure and systematic discrimination against people with cars.

    7. Re:Judge doesn't quite understand by Vancorps · · Score: 1

      Sweet man, cause my current work schedule often leaves that step out. Thank god its only for the next four months!

    8. Re:Judge doesn't quite understand by netruner · · Score: 1

      What about his right to reasonable bail? I know it's commonplace to outright deny someone their 8th amendment rights, but I think we've slid down the slippery slope on that one quite a ways. My understanding of the case law that allows someone to be held without bail was for violent offenders that will continue until they are physically stopped. Anymore, it seems, any crime that makes it into the news has either no bail or a bail equal to 10x or more of the defendant's net worth.

      This is why you don't wait until an offense becomes egregious before you speak up.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    9. Re:Judge doesn't quite understand by spire3661 · · Score: 2, Insightful

      What you call systematic discrimination against people with cars could also be labeled 'controlling the rate at which the populous consumes driving resources.' To YOU its the city vs you. To the city, its a much larger scale issue. It stands to reason that since we dont control our population growth and every American believes they just have to own a car, you are going to get squeezed when you choose to drive in very dense areas.

      --
      Good-bye
    10. Re:Judge doesn't quite understand by tftp · · Score: 1

      I'm living 50 miles away from SF, and I was in the city (driving through) only about twice in last ten years (it's less convenient, though possible, to get to North Bay through other routes like 580.) Tourism-wise, I have no desire whatsoever to visit San Francisco; there are plenty of other places to see in California and elsewhere. For statistics, I did hear about the case, but it is only one of many effects of city policies. Other problems that you mention also flow from the same cause - from city fathers that are just as competent as the folks in Sacramento.

    11. Re:Judge doesn't quite understand by Svartalf · · Score: 2, Insightful

      What the Judge does understand is that letting this guy out of jail on BOND is dangerous to SF political types running the city. This is far more dangerous, in their mind, than a child rapist, mass murderer or other heinous criminal, hence the steep bail.

      And the city wonders why nobody wants to visit there any more.

      Amazing, isn't it? But it's the way a stereotypical politician typically thinks- when they do manage to think. I certainly wouldn't want to work for them after this whole debacle- the stuff that's coming to light through all of this does not reflect well on the DA's office or the city itself right at this time.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    12. Re:Judge doesn't quite understand by hannson · · Score: 1

      and most derive from the rampant homelessness problems

      Someone should start distributing fliers for that Californojnoj's supercool to the homeless. That should take care of it!

      But seriously, I don't get what this case is about. Is he considered to be the cyberterrorist version of Dr. Evil? So what he changed all the passwords before he left the sysadmin position, but the new one has access to the equipment and we all know that physical access == not that secure in most cases. So the new admin fixes the things he's supposed to but the old one's made as an example? I really don't get it, what could this guy possibly be a danger to out on the streets besides being legally an asshole?

      On a side note, has he told the new admin the passwords yet? I really, really don't get it if he hasn't.

    13. Re:Judge doesn't quite understand by geekoid · · Score: 2, Interesting

      except it's a self correcting issue. Don't build more roads, but keep the current in repair.
      People will get sick of the traffic and find other was to get into the city.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    14. Re:Judge doesn't quite understand by Anonymous Coward · · Score: 0

      Given that he has been in jail for 14 months, he has likely already waived his right to a speedy trial

      14 months is nothing. The Supreme Court set the bar at somewhere above two years for Jose Padilla, and that's the precedent that currently stands.

    15. Re:Judge doesn't quite understand by DragonWriter · · Score: 1

      don't think the judge understands the nature of network security, which is understandable since he isn't an IT guy......but no doubt the prosecuting attorney was pushing to distort the issue to make him look as dangerous as possible. What if he is not guilty, are they still going to keep him in jail because he might be dangerous?

      The question is irrelevant. Danger to the community is expressly a consideration in bail decisions.

      It's not like he can cause irreparable damage, as murdering someone might.

      Why do you state that? Are you assuming the network isn't used for any critical operations where disruption might have irreversible consequence?

      One thing I don't understand is why this guy doesn't exercise his right to a speedy trial.

      Speed in a trial often favors the prosecution, since the prosecution gathers inculpatory evidence before it even files charges, while the defense rarely prepares before that point.

    16. Re:Judge doesn't quite understand by amiga3D · · Score: 1

      There ya go. Mentioning that pesky old Constitution thing. Don't you know no one pays any attention to that old document anymore?

    17. Re:Judge doesn't quite understand by Fulcrum+of+Evil · · Score: 1

      maybe I'd be more sympathetic to the city of they had decent public transit. No, BART doesn't count.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    18. Re:Judge doesn't quite understand by Anonymous Coward · · Score: 1, Insightful

      it is always for the next four months!
      you will learn this in time

    19. Re:Judge doesn't quite understand by phantomfive · · Score: 1

      The question is irrelevant. Danger to the community is expressly a consideration in bail decisions.

      I don't know if you realized this, but my point was implicitly that he is not a danger to the community. He will be no more danger to the community being released after the trial than being released before the trial. If he can vandalize the network now, he will be just as capable of it then. Could you really not understand what I was trying to imply?

      Why do you state that? Are you assuming the network isn't used for any critical operations where disruption might have irreversible consequence?

      Yes, actually. Very few networks do. Do you have evidence that this network was used for critical operations, or are you just trying to start an argument? Don't be a troll, try to contribute useful information or discussion to the conversation.

      --
      Qxe4
    20. Re:Judge doesn't quite understand by Anonymous Coward · · Score: 0

      don't think the judge understands the nature of network security, which is understandable since he isn't an IT guy......but no doubt the prosecuting attorney was pushing to distort the issue to make him look as dangerous as possible. What if he is not guilty, are they still going to keep him in jail because he might be dangerous?

      The question is irrelevant. Danger to the community is expressly a consideration in bail decisions.

      Wrong answer; the question is irrelevant for a completely different reason. If he is found not guilty, he should be released and any attempt to hold him further would be prior restraint. That's unless he could be labelled a dangerous offender (or the US equivalent). However that is supposed to be applied only to repeat offenders and, since he doesn't seem to have a rap sheet a mile long and nobody has produced a psychological evaluation of him indicating untreatable criminal/violent tendencies, such a request should be laughed out of court.

      At least that's the way it would work if you folks hadn't rolled over when habeus corpus was threatened. Instead, to save his political career, an incompetent DA tries to keep this guy buried until the DA and mayor have managed to secure re-election.

      Not that I'm defending Childs, mind you. The guy's also an idiot and the only people who could possibly be bigger idiots would be those willing to let him work as a network administrator after this fiasco. The guy must be hoping to get a chance to sue the state for wrongful imprisonment and get a big payoff because he's going to need to start a new career after this. Maybe he'll be go on a speaking tour; there's always some morons willing to pay money to hear a speech by someone who should be completely discredited and ignored.

    21. Re:Judge doesn't quite understand by mabhatter654 · · Score: 1

      that's what just happened, the date to formally file charges passed, and the DA had to make them stick or shut up... he's down to just one charge that made it past "justified" to go to trial. At this point the judge is also screwed because they bought the DA's hype and overreacted... they're hoping SOMETHING will stick or they'll face lawsuits.

    22. Re:Judge doesn't quite understand by zippthorne · · Score: 1

      Why, what do you think is going to happen in four months?

      --
      Can you be Even More Awesome?!
    23. Re:Judge doesn't quite understand by LaskoVortex · · Score: 1

      except it's a self correcting issue. Don't build more roads, but keep the current in repair. People will get sick of the traffic and find other was to get into the city.

      Do I need to use the sarcasm tags when I say the following or is the absurdity enough of a hint?

      Yes, this really has worked well for southern California.

      --
      Just callin' it like I see it.
    24. Re:Judge doesn't quite understand by Dutch+Gun · · Score: 1

      There's also a constitutional right protecting us from excessive bail...

      Haven't you heard? The Constitution is now a "living document", meaning we can re-interpret it to mean what we think it should mean, instead of what it actually says. Re-interpretation is *so* much more convenient than amending the silly thing.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    25. Re:Judge doesn't quite understand by blackraven14250 · · Score: 1

      Occam's Razor; 1 point - incompetence.

      They really should have judges trained in tech fields to be able to take care of cases like this. They have family court, and criminal court, and civil court, and appellate courts, why not Technology Court? I mean, it requires more of a specialized understanding of circumstances than other types of courts to be able to judge correctly in these cases.

    26. Re:Judge doesn't quite understand by Anonymous Coward · · Score: 0

      He's going to snap and start killing his coworkers.

      It'll be a great day for all of them!

    27. Re:Judge doesn't quite understand by DragonWriter · · Score: 1

      Why do you state that? Are you assuming the network isn't used for any critical operations where disruption might have irreversible consequence?

      Yes, actually. Very few networks do.

      It's true, a very small percentage of all networks are the main operational network used by the agencies of a government of a combined city and county, including use to store and exchange confidential law enforcement documents.

      OTOH, 100% of the networks Childs is accsed of compromising do meet that description.

    28. Re:Judge doesn't quite understand by Archangel+Michael · · Score: 1

      There are plenty of other reasons why nobody wants to visit SF anymore, and most derive from the rampant homelessness problems, crumbling infrastructure and systematic discrimination against people with cars.

      Yes. They actually support homelessness and vagrancy and wierd people and punish normal people. They (San Fransiscans) practically promote SF as an "adult playground", and wonder why people don't bring their kids to see things like Fisherman's Wharf and the many other former cultural attractions.

      And as you said, actively discriminate against people with cars, which is how a family would get to SF. I'm sorry, I'd rather take my $ and go over to the Gold Country in the foothills than SF. It is better family entertainment and fun.

      We used to go see "Fleet Week" in the bay, now ... we don't. We used to go to Alcatraz and Angel Island ... now we don't. We used to do all sorts of things in the Bay ... now we don't. It just isn't worth it.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    29. Re:Judge doesn't quite understand by StikyPad · · Score: 1

      By that logic, there wouldn't be traffic jams. The reality is that everybody wants the roads clear -- they just want the *other* guy to be the one off the road.

  9. Why no "speedy" trial? by Anonymous Coward · · Score: 0

    (IANAL) I find it curious that he and his lawyers haven't pushed for a speedy trial. Legally you can insist that the trial go forward in a timely manner, though in cases where both sides want time to collect additional information the defendant won't do so. So what is Childs and his lawyer waiting for? Are they waiting for the prosecution to completely fk up and prove themselves wrong? Are they collecting their own information?

    The more I read about this the more it sounds like once the case against Childs is over his counter suit against the city (and possibly against his individual bosses, the police officers involved, etc) is gonna be a complete raping.

    1. Re:Why no "speedy" trial? by Anonymous+Cowpat · · Score: 1

      maybe Childs just needs free accomodation for a while.
      y'know, make your pile, put it in a high-interest bank account, then live on the state's dime for a few years.

      --
      FGD 135
    2. Re:Why no "speedy" trial? by Qzukk · · Score: 1

      Legally you can insist that the trial go forward in a timely manner

      You can insist all you want, if nothing happens, what then? It took Jose Padilla two years to get his incarceration heard by the Supreme Court, at which point the Bush administration finally got around to slapping some conspiracy to murder charge on him so the SCOTUS said "well, it looks like they're going to do something now so I guess it's speedy enough". Basically, in order to save us from Teh Terrists, the Supreme Court declared that "speedy" means "eventually". This guy has charges against him, so I'm sure when his case was finally heard the Supreme Court would say "well, they're working on it, at least you've been charged with a crime, so your case is speedier than Jose Padilla's was."

      Down here in Texas we have people sitting in jail waiting for trial for minor misdemeanors who have already spent more time in jail than the maximum sentence for their crime. I suppose if they had a lawyer they could try to get out of jail on speedy trial grounds, then again, if they had money for a lawyer, they'd probably have just paid the bondsman.

      That said, if I were him, I'd sit tight and wait for the idiots running the network to self destruct on their own, rather than have the network go down sometime after I was released and get blamed for it.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  10. Re:Admin can do much more harm! by Chyeld · · Score: 3, Insightful

    You are right, any nutso can get a sniper rifle, case full of ammo, and take out half a campus from the church tower. It's the really dangerous folk, like the ones who haven't had access to your network in the past year (which you somehow haven't secured on your own because you are too fucking stupid) that are the real danger to society at large.

    Here's a tip for the Judge, if there is still something out there on SF's network that Childs actually could manipulate with greater access or affect than a normal citizen, then the folk who should be in jail are the ones who cleaned up the mess.

  11. What happens if he beats the rap? by jayme0227 · · Score: 5, Insightful

    Prosecutors have argued that the bail is appropriate because, if released, Childs could cause damage to San Francisco's network.

    So if the 4th charge is dropped and he is freed, can they keep him jailed? He could, at that point, still cause the same damage that he can now.

    --
    But then I realized the cable was blue, so I only gave it one star. I hate blue.
    1. Re:What happens if he beats the rap? by blackraven14250 · · Score: 1

      Logic doesn't always work when it comes to the almighty government.

    2. Re:What happens if he beats the rap? by tsstahl · · Score: 1

      So if the 4th charge is dropped and he is freed, can they keep him jailed? He could, at that point, still cause the same damage that he can now.

      Yes. Megan's Computer Law says that once a network admin, always a network admin. Even after you pay your debt to society, you can still be held in custody and forced to answer level 1 help desk calls.

      Note, this is sarcasm and there is not, _yet_, a Megan's Computer Law.

  12. Seems excessive by tsotha · · Score: 5, Insightful

    I think the problem is they know he's not going to be convicted of anything in the end. So the judge is trying to send a message to people who might be inclined to do the same thing.

    "We can get you. We don't need to actually convict you, either. We can get you anyway."

    1. Re:Seems excessive by amiga3D · · Score: 1

      Oh damn I have no mod points!!! You should be modded +10 insightful This is exactly what is happening. You are so dead on.

    2. Re:Seems excessive by Fulcrum+of+Evil · · Score: 1

      If so, then Childs needs to send a 7 figure message right back to them: "Yeah, you got me, and that $5M bail was hilarious. Too bad it cost you $5M".

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Seems excessive by Anonymous Coward · · Score: 0

      You have to figure that Childs counter suit is going to be successful. His message will be:

      "Sure you can get me and put me in jail, BUT you are going to have to pay me 17$ a minute 24/7/365, and that is okay with me."

    4. Re:Seems excessive by tsotha · · Score: 1

      Won't happen. For all intents and purposes you can't win a lawsuit against a judge for what he does on the bench. It has to work that way, otherwise the legal system would grind to a halt.

    5. Re:Seems excessive by Fulcrum+of+Evil · · Score: 1

      nah, not against the judge - against the city. They're the ones pushing what's a workplace dispute into a year long jail sentence. I do really like another poster's idea of also suing for back pay and reinstatement: apparently, childs hasn't violated any policies, nor has he been warned, and his bosses appear to be skipping steps - he may well still work there, technically.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  13. 14 Months? by lax-goalie · · Score: 5, Informative

    Doesn't this guy have a sixth amendment right to a speedy trial?

    Besides (and Google may have led me the wrong CA statute) but it look like the penalty for the remaining charge could be as little as a $5,000 fine. It also seems to have an out:

    "Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his or her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment."

    1. Re:14 Months? by Lumpy · · Score: 5, Insightful

      You actually think that laws to protect you from the government actually apply to you?

      Wow, Let me guess, you also think we run by a Innocent until proven guilty system as well.

      If you enter the legal system you are FUCKED. They play by their rules and will PUNISH YOU for trying to exercize any of your rights. you are a piece of shit and everyone in the system knows you are guilty.

      Honestly, you have a better chance at running and hiding out than getting justice through the legal system. It really is that fucked up.

      --
      Do not look at laser with remaining good eye.
    2. Re:14 Months? by gknoy · · Score: 4, Insightful

      I believe that this is less about malicious intent of those participating in the system (poilice, lawyers, judges, lawmakers), and more about Perceived Effectiveness. It's not that they don't want justice, but they need measurable numbers. They need to show that they're Being Effective at deterring crimes, stopping pedophiles, stopping hackers, winning the war on drugs, etc.

      Police are there to make arrests and get the DA a case good enough to go to trial. It's not about "justice", or even your guilt: If something you say can be interpreted as implication, you're dealing with a DA.

      DA's care about looking good to constituents (and/bosses). They can't NOT prosecute cases that the police give them. (Perhaps they CAN, but it looks bad, so I doubt it happens unless they feel they can't win it ... and even then they'll try to plea bargain you out.)

      Judges care about ... who knows what. :) They don't like to have things overturned, as that makes them look bad, but at the same time they tend to be very keen on interpreting the letter of the law. It's generally the higher appeals courts that seem to care about the "spirit" of the law, and even then the letter's pretty strong.

    3. Re:14 Months? by dkleinsc · · Score: 2, Insightful

      You actually think that laws to protect you from the government actually apply to you?

      Well, speaking as a relatively wealthy white guy with a few political connections and at least a basic understanding legal procedures, I'd say yes. If I were, say, poor, black, or less connected, I'd probably be very very screwed if I were accused of something.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:14 Months? by Anonymous Coward · · Score: 0

      They can't NOT prosecute cases that the police give them. (Perhaps they CAN, but it looks bad, so I doubt it happens unless they feel they can't win it ... and even then they'll try to plea bargain you out.) Yes they can. It's called a "No Complaint", and it happens all the time. That is exactly what the DA did when one of our local men in blue decided to be an asshole and throw me in jail because I slowed down and the car behind me got rear ended and pushed into me. Turns out the person that actually caused the accident was a single mom with 6 unseatbelted kids in the car and zero insurance, so I guess the cop thought by blaming it on me he could get my insurance to cover her expenses, but the DA wasn't buying the cop's bullshit. Of course, I did get punished anyway by being forced to spend the night in jail (WTF? You couldn't just issue a citation?!?) despite being innocent.

    5. Re:14 Months? by shirotakaaki · · Score: 2, Interesting

      You actually think that laws to protect you from the government actually apply to you?

      Well, speaking as a relatively wealthy white guy with a few political connections and at least a basic understanding legal procedures, I'd say yes. If I were, say, poor, black, or less connected, I'd probably be very very screwed if I were accused of something.

      Which category do you think Terry Childs fits in?

    6. Re:14 Months? by blackraven14250 · · Score: 1

      Well, yeah. The higher courts don't have to worry about their own asses; they have job security nearly regardless of their ruling. They have to worry about getting it right, which is why the supreme court takes a godawful amount of time for a lot of their rulings. If the high courts don't get it right, they're also up against the powerful players who can actually afford to bring a case to that level, while lower courts are mostly up against people with public defenders.

    7. Re:14 Months? by blackraven14250 · · Score: 1

      The not-a-corporation-but-not-a-hoodrat category.

    8. Re:14 Months? by BradleyAndersen · · Score: 1

      Finally -- a realistic slashdoter! The problem with so many posts here is that those who write them believe in the theoretical rights they perceive us to have, while, having never themselves ventured to try to assert those rights, fail to see that reality does not match theory.

  14. Yes. by Estanislao+Mart�nez · · Score: 0, Troll

    He's a danger to their network only if no one has yet changed the passwords on the routers and other equipment.

    Which requires them to know what all of the equipment is, and potentially all of the software installed in all of it. Information for which Childs was supposed to be the source.

    I'm not saying that the $5 million bail is right, but it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

    1. Re:Yes. by tftp · · Score: 4, Insightful

      it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

      You are correct, of course. Childs should be immediately lobotomized, or if the procedure appears to be unreliable then he should be just killed. He knows too much and can never be released. His possible future crime must be prevented at any cost. Same applies to all future sysadmins of SF - once they learn the network (a few weeks on the job, perhaps) they will have to be destroyed.

    2. Re:Yes. by joaommp · · Score: 1

      and why would he? that would just make his life worse. from what I read, it appears that he was responsible for the networking running as smooth as it was. If I'm not mistaken, he's the one that planned the network and set it up right. And one of the first things that came to light when this bubble bursted, was that despite the missing passwords, the network was running pretty well.

    3. Re:Yes. by mysidia · · Score: 1

      If they can't inventory and find all the equipment in their facilities, that's not Child's problem, they've had 2 years to do all the legwork, bookkeeping and maintenance they need, there are no valid excuses for management to not have a handle on things after such a long period of time.

      Hardly anyone is good enough to remember lists of equipment in their head, especially not after two years.

      They don't necessarily have to know what all the equipment is, also: they just need to restrict access.

      For example: there's no reason people on the internet should be allowed to telnet to routers.

      Beyond that, they just need to identify all other ingres points to their network: every network connection they're paying for, every phone line/modem attached to core gear for OOB management, and make sure suitable access restrictions are in place at various control points.

      Security is not hard. And it's absolutely essential in an important network, even with no "Childs".

    4. Re:Yes. by mysidia · · Score: 5, Insightful

      it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

      It's not at all inconceivable that the average slashdot reader could damage the network if he chose to do so (with some basic research + social engineering, to gather some general info).

    5. Re:Yes. by mabhatter654 · · Score: 1

      again.. been in jail for a year and they don't KNOW they have properly locked him out... THAT is criminally negligent when they know a potential threat to the city and they're not stopping it.

    6. Re:Yes. by sadness203 · · Score: 1

      Some basic research : google for the url to be slashdotted... Check
      Social Engineering : Find some crap to ask slashdot... Check
      See the hardware melt... Yup, check.

    7. Re:Yes. by Anonymous Coward · · Score: 5, Informative

      Which requires them to know what all of the equipment is, and potentially all of the software installed in all of it. Information for which Childs was supposed to be the source.

      I'm not saying that the $5 million bail is right, but it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

      Childs should not be the "source" of knowledge on their equipment. Their internal inventory and documentation policies are the source for that information. Childs designed and maintained the network, he did document it, even going so far as to Copyright the network design. Childs even followed policy when he refused to disclose his password to members of the San Francisco Police Department, representatives from HR, and an unknown group of people on the phone.

      San Francisco government policy, from http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

      "Password Policy"
      As such, all County employees (including contractors, vendors, and temporary staff with access to County systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords.
      All system-level passwords (e.g., root, enable, NT admin, application administration accounts, etc.) must be changed on at least a monthly basis"
      "Do not share County passwords with anyone, including administrative assistants or secretaries.

      All passwords are to be treated as sensitive, confidential County information.

      Here is a list of things to avoid
      -Telling your boss your password.
      -Talking about a password in front of others.
      -Telling your co-workers your password while on vacation."

      This is a corrupt government using its influence over the DA and judicial appointees to persecute Mr. Childs. After this last charge is throw out, Mr. Childs will undoubtedly counter-sue in a different jurisdiction to stay clear of the corruption in the SF government.

    8. Re:Yes. by mysidia · · Score: 1

      You get bonus points for finding a way to do it without breaking the law, or doing anything really evil...

      (As long as you don't post the URL for the purpose of melting the hardware, and you did indeed find it when searching for something in Google, that is. :))

    9. Re:Yes. by Sabriel · · Score: 5, Insightful

      An idiot with a backhoe could damage the network. Justice is neither being done nor being seen to be done.

    10. Re:Yes. by Anonymous Coward · · Score: 1, Informative

      Really, from how this case has been covered, sounds like the average adult could bring the entire network down by yelling really loudly into an electrical socket.

    11. Re:Yes. by Anonymous Coward · · Score: 0

      it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

      It's not at all inconceivable that the average slashdot reader could damage the network if he chose to do so (with some basic research + social engineering, to gather some general info).

      its not at all inconceivable that a typical incompetent backhoe operator could damage the network either...

      "Could damage the network" is so vague and open ended that anyone could be accused of that.

    12. Re:Yes. by Idiomatick · · Score: 1

      I guess if spamming fistr pots and goatze links counts as damaging the network.

    13. Re:Yes. by LaskoVortex · · Score: 1

      but it's not at all inconceivable that Childs could cause damage to that network if he chose to do so.

      Estanislao, you need to turn yourself into the authorities because it is not inconceivable that you will commit a heinous crime of wanton murder if you choose to do so. Your guilty of thinking that.

      --
      Just callin' it like I see it.
    14. Re:Yes. by H0p313ss · · Score: 1

      I guess if spamming fistr pots and goatze links counts as damaging the network.

      You make that sound like a bad thing.

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    15. Re:Yes. by Anonymous Coward · · Score: 0

      And what exactly was the backup plan for if was hit by a bus instead of fired?

      Can't arrest a corpse.

      Failure planning should include a "bus scenario", what do you do when the head guy dies??

    16. Re:Yes. by R.Morton · · Score: 1

      my my how Minority Report of you :)

      R.Morton

      --
      modded quote "what's that he's talking about? Windows , Never had a problem with Windows till I tried to use it."
    17. Re:Yes. by qubezz · · Score: 2, Insightful
      >> After this last charge is throw out, Mr. Childs will undoubtedly counter-sue

      And that's why they can't just let him go and drop the charges. How much would you have to be paid to willingly give up your career, have your name smeared, and be put in jail with criminals for over a year. That is at least what this man is owed, in addition to punitive damages.

      While he is awaiting trial and 'not innocent' it is hard to counter-sue. In that interim those involved may have moved to different positions, retire, lose their election, etc. Even if he wins a multi-million dollar countersuit, do you think anyone will be held personally responsible? What needs to happen but won't is that every single person involved in prosecuting him needs to be disbarred, removed from their employ, and after being put in jail for a similar period and slapped with a criminal record, be unable to get a job running the city's street sweepers.

    18. Re:Yes. by silas_moeckel · · Score: 1

      Taken out back and shot is significantly to good for the group of idiots that did this to him. Problem is most of them are probably elected and cant be sued personally. In the end I hope he never has to work again as that might be problematic.

      --
      No sir I dont like it.
    19. Re:Yes. by mysidia · · Score: 1

      I tried yelling really loudly into an electric socket... then I put my ear up close to it..

      I didn't hear anything breaking at all, I just heard a strange voice say "Hello, did you try turning it off and on again" followed by some static "Hey, watch out, we know where you live"

      Any ideas what I could have done wrong? Is there a tuning knob somewhere on this thing? (EG)

    20. Re:Yes. by Anonymous Coward · · Score: 0

      Be vewy vewy quiet, I'ma huntin' fiba'!

  15. Re:Admin can do much more harm! by Anonymous Coward · · Score: 0

    You are right, any nutso can get a sniper rifle. . .

    True, it takes a special kind of nutso to blackmail the mayor of a major city into meeting personally with you.

  16. Disagreement by robpoe · · Score: 4, Insightful
    Terry Childs played the "battle of wills" game and lost. He's not the innocent child that some are alluding to - he did willfully not give the passwords out.

    When I was a corporate IT guy (about 3 years in the middle of about 16 years as a consultant), I took responsibility over a large part of the network in a multi facility health care business. This wasn't life or death stuff, but network outages did cause problems with appointments and general "face" of the corporation. When I came on board, the network was down a lot. No change control, no "chief" in charge of the network, and about 9 people mucking with stuff constantly.

    I put my job on the line, in exchange for FULL control of that system (It was a 85 server Netware + Groupwise environment). The first thing I did was take *everyone's* admin away, removed "admin" from supervisory rights to the tree. I then doled out the appropriate levels of access to the security team (read new users, password resetters), put in a hidden OU with a tree supervisor in it and then wrote the "master" admin/login information down. Lightly, in pencil. Folded it up, put it in an envelope with a tamper seal, that went into another tamper evident envelope and that went into the safe. Every month or two I changed the password and replaced the envelope.

    That was in case I died, they could easily get in. That is what Terry should have done. Then it wouldn't have come to this - he might have gotten sacked, and/or lost control over what he considered to be his "creation" -- but he wouldn't be rotting in jail....

    --
    = Grow a brain...
    1. Re:Disagreement by Pitr · · Score: 5, Insightful

      Your reasoning is very short sighted. Yes the "in case of bus" envelope is important, but if you've ever actually been a sysadmin, you know you're the blame guy. There are always idiots up the corporate chain that will blame you for anything technical even if the problem stems directly from them not following your instructions, or otherwise doing something stupid.

      That aside, this isn't about you. I know it's hard to imagine, but try to bear with me. It goes like this:

      Maybe he's a dick, but that doesn't matter. What matters is that WHAT HE DID WAS CORRECT! You do NOT give the "bus envelope", password or whatever, to some guy, the janitor, the mail boy or whoever, you give it to one of a small number of people only. It may be handled by a secretary or other assistant, but opening said envelope would be grounds for immediate dismissal, as would revealing that same password info to any of the afore mentioned individuals without appropriate "clearance" or what have you.

      So here's the situation, your boss, who may or may not have the right to know the password, with some people in the room who DEFINITELY aren't on the access list demands the password.

      Situation #1:
      You refuse to divulge sensitive info in front of inappropriate individuals because 1) it's actually your job, and 2) if you do so, you can be held liable for any damage done as a result. You are arrested immediately. Happy fun.

      Situation #2:
      You give up the password immediately, someone brings the system to a crashing halt by incompetence, and you are arrested immediately because it's obviously something you did. Happy fun.

      Sure, an envelope is a good idea, but there wasn't one, and that's not his fault, that's a management oversight. Even if this guy's difficult, or abrasive or whatever, he didn't break anything, and was willing to go forward with relinquishing the password, just on very specific terms. If that's a reason to spend over a year in jail, then we better start handing out life sentences for J walking, because unlike not giving up a password, J walking could actually harm someone.

      --

      --Not to be worried, Pitr fix.
    2. Re:Disagreement by squidfood · · Score: 1

      Folded it up, put it in an envelope with a tamper seal, that went into another tamper evident envelope and that went into the safe.

      And just to be sure, don't tell anyone at all the combination of the safe ;).

    3. Re:Disagreement by Toonol · · Score: 1

      You're absolutely correct. Those weren't your passwords; you were just the caretaker of them. None of this would be a problem for Childs if he had behaved responsibly.

    4. Re:Disagreement by Anonymous Coward · · Score: 4, Insightful

      He's not the innocent child that some are alluding to - he did willfully not give the passwords out.

      He did willfully not give the passwords out TO PEOPLE HE DIDN'T KNOW, AND DID NOT KNOW IF THEY WERE AUTHORIZED TO HAVE THE PASSWORDS.

      Sheesh.

      If you're a lowly private in charge of highly classified information, even if a colonel comes along, you're not supposed to hand over the highly classified information without determining that the colonel is authorized to have it. Even if the colonel yells really loud.

    5. Re:Disagreement by Fulcrum+of+Evil · · Score: 2, Insightful

      He's not the innocent child that some are alluding to - he did willfully not give the passwords out.

      Neither would you if your boss asked you to blab the keys to the kingdom to random unknown persons on a conference call. Even with what he did - hell, what I can do in the scope of my job - the worst he should expect without demonstrated malice is getting canned.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    6. Re:Disagreement by tinkerghost · · Score: 4, Insightful

      He's not the innocent child that some are alluding to - he did willfully not give the passwords out in accordance to the security policy in effect at the time he was ordered to do so.

      Fixed that for you.

      I have to ask you - if the facility manager demanded that you tell him the password while standing in the middle of a conference room full of people you don't know and with a live conference call going on would you have done it? I doubt it. You might have directed him to the envelope in the safe, but more likely you would have pointed to the security policy in effect and told him you can't do that, but if he would like to make a written request through your boss then an arrangement could be made.

      Then it wouldn't have come to this - he might have gotten sacked, and/or lost control over what he considered to be his "creation" -- but he wouldn't be rotting in jail....

      You're making the mistake of believing this is about the actual security issues or the proper performance of duties. This is about a manager waving his dick around and screaming bloody murder when he's told to put it away. Look at all of the case. When he was told to disclose the passwords, there were about a dozen people in the room and an unknown number of people on the conference call. None of the people in the room had any reason to know the password - and he did not directly report to the manager demanding the password.

      Remember, Childs said he would turn the passwords over to the City Manager - who was the only person above him in the network foodchain - before he was arrested, and the city lawyers blocked the manager from talking to him for over a week after he was arrested. He never refused to turn over the passwords, he refused to turn them over to people with no right/reason to have them.

    7. Re:Disagreement by IICV · · Score: 3, Informative

      It's been a while, so you probably don't remember what led to this situation.

      Here's how I remember it: Terry's superiors asked for the passwords. He refused, because in his estimation handing them over would have been a breach of security (which is true - you don't give the PHB root access, because he doesn't need it and will probably abuse it). They fired him, jailed him on some trumped-up charges (as we can infer from 75% of the charges against him being thrown out), and asked again. He refused, but since he was now fired and in jail he offered to hand the passwords over to the mayor of San Fransisco, presumably because this way someone outside of his chain of command would know what was going on.

      It wasn't even a matter of losing control over his "creation" - it was all about his PHBs wanting more power than they should have, and him rightfully refusing to give it to them.

    8. Re:Disagreement by Cramer · · Score: 2, Insightful

      Had he done that, he would have been fired the instant the passwords hit the paper. The only reason he remained employed for so long is because no one else knew the passwords. He was, in essence, blackmailing the city. They tolerated him because he did actually keep the network running. I don't know what the last straw was that has brought us to today's farce.

    9. Re:Disagreement by mabhatter654 · · Score: 2, Interesting

      Exactly, the entire thing was a CIVIL matter, not criminal, because he legally had the right to possess the passwords and he was questioning the right of the managers to ask for what they claimed was their stuff. The very arresting him without some kind of charge first .. the DA isn't a JUDGE... and isn't a police officer there's no obligation to follow any orders from them.

      They KNEW they were going to fire him and could have gotten an injunction from a judge to compel the passwords before they even told him. Then the whole deal would be simple contempt and done with over a year ago.

    10. Re:Disagreement by corbettw · · Score: 1

      Maybe he's a dick, but that doesn't matter. What matters is that WHAT HE DID WAS CORRECT! You do NOT give the "bus envelope", password or whatever, to some guy, the janitor, the mail boy or whoever, you give it to one of a small number of people only.

      The person asking for the passwords was his immediate supervisor, the guy who was ultimately responsible for the operation of the network. If there's anyone to whom you should give up the passwords, it's him.

      --
      God invented whiskey so the Irish would not rule the world.
    11. Re:Disagreement by Brian_Ellenberger · · Score: 3, Insightful

      Terry Childs played the "battle of wills" game and lost. He's not the innocent child that some are alluding to - he did willfully not give the passwords out.

      When I was a corporate IT guy (about 3 years in the middle of about 16 years as a consultant), I took responsibility over a large part of the network in a multi facility health care business. ...that is what Terry should have done. ...

      Uh, so because he didn't do what YOU did you think it is right to throw him in Jail for a year? Our prisons are swelling with thousands of people who are their on someone's whim. EVERYONE is a federal felon nowadays. I mean everyone. There is some federal law you are violating that can land you in prison indefinitely. Now, if you are a member of Congress or the cabinet you can "forget" to pay some taxes. Otherwise, you better hope you don't tick off someone in power because they can and will destroy you. http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594032556

      We are living in some scary times. The political class is treated like royalty and every crime is forgiven (see Kennedy, Chappaquiddick, and the royal state funeral he was given). And the average American, who is thrown into prison just to pump up some prosecutor resume.

    12. Re:Disagreement by Anonymous Coward · · Score: 5, Informative

      Wrong.

      San Francisco official password policy

      "Password Policy"
      As such, all County employees (including contractors, vendors, and temporary staff with access to County systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords.
      All system-level passwords (e.g., root, enable, NT admin, application administration accounts, etc.) must be changed on at least a monthly basis"
      "Do not share County passwords with anyone, including administrative assistants or secretaries.

      All passwords are to be treated as sensitive, confidential County information.

      Here is a list of things to avoid
      -Telling your boss your password.
      -Talking about a password in front of others.
      -Telling your co-workers your passwordwhile on vacation."

      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

    13. Re:Disagreement by Lord_Breetai · · Score: 1

      mod parent up

      --
      "You are only young once, but you can be immature forever." -www.animemusicvideos.org
    14. Re:Disagreement by putaro · · Score: 1

      There's a difference between telling your boss "your password" and giving the master passwords to your boss.

      He didn't have to say the password in front of the other people in the room. He could have written it on a piece of paper, demanded a receipt for it, and demanded that his boss change the password to something he (Childs) didn't know so that he couldn't be accused of breaking things afterwards.

      Childs was being a dick. I don't think he was being a year's worth of jail time dick, but I would have canned him. If this was not government that's where it would have stopped. Unfortunately someone has the ear of the DA (Kamala Harris, who is an idiot) and managed to convince her of this terrible danger and it went public and now the bureaucrats can't back down without losing face.

      Childs is going to wind up a rich man at the end of this and the taxpayers of SF will wind up footing the bill for the City's IT management's and DA Harris' incompetence.

    15. Re:Disagreement by MartinSchou · · Score: 2, Informative

      There's a difference between telling your boss "your password" and giving the master passwords to your boss.

      Did you miss the bit where he refused to divulge passwords to a group of unknown people? Or just this bit from the policy:

      Talking about a password in front of others.

      A password, generic, unspecified. Not his password, a password. That doesn't mean "the password to reset the score in Solitaire, but everything else is alright".

    16. Re:Disagreement by Anonymous Coward · · Score: 0

      Actually a good analogy would be said colonel not only yelling, but then having the MPs put you in jail for insubordination. Then when you do have the information over to someone with proper clearance, having another similiar ranking military officer press the charges anyway because so and so is a friend of his, was promoted on his watch, etc.

    17. Re:Disagreement by Ma8thew · · Score: 1

      I'm sure that's a wonderful book, but the fact that 5% of people looking at it on Amazon go on to buy 'Glenn Beck's Common Sense: The Case Against an Out-of-Control Government, Inspired by Thomas Paine' gives me some pause for thought.

    18. Re:Disagreement by tsstahl · · Score: 1

      Amen.

    19. Re:Disagreement by Falconhell · · Score: 1

      Noo you are completely wrong read the rules under which he worked below;

      San Francisco government policy, from http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf [sfgov.org]

      "Password Policy"
      As such, all County employees (including contractors, vendors, and temporary staff with access to County systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords.
      All system-level passwords (e.g., root, enable, NT admin, application administration accounts, etc.) must be changed on at least a monthly basis"
      "Do not share County passwords with anyone, including administrative assistants or secretaries.

      All passwords are to be treated as sensitive, confidential County information.

      Here is a list of things to avoid
      -Telling your boss your password.
      -Talking about a password in front of others.
      -Telling your co-workers your password while on vacation."

      SO it would have been illegal to do as you say.

    20. Re:Disagreement by corbettw · · Score: 1

      It says to avoid "telling your boss your password" and not to "talk about a password in front of others". So clearly there's a difference between your password and any given password.

      What the county policy seems to aim to prevent is you giving your personal password to someone else. It cannot apply to system passwords, otherwise there could only ever be one person at a time who would know the root password to any system. That breaks so many industry best practices that it strains the imagination to assume that is what was meant.

      As for the not talking about a password in front of others, he could've told his "Boss I can't divulge the password in front of these people as County policy prohibits that." And then when his boss insisted he should've asked his boss "Just to be clear, you're authorizing the breaking of county policy on this issue?" After getting an affirmative response, he could've gone ahead and divulged the password. At that point it's his boss's ass in the fire, not his.

      --
      God invented whiskey so the Irish would not rule the world.
  17. sooooo..... by DragonTHC · · Score: 0, Redundant

    The prosecutors in the case are arguing that the city's computer systems are more valuable than human life?

    If that's the case, then yes, certainly the bail is appropriate.

    If not, then the bail is entirely inappropriate.

    --
    They're using their grammar skills there.
    1. Re:sooooo..... by DragonWriter · · Score: 1

      The prosecutors in the case are arguing that the city's computer systems are more valuable than human life?

      If that's the case, then yes, certainly the bail is appropriate.

      If not, then the bail is entirely inappropriate.

      In assessing risk, one considers not only the magnitude of harm, but also the probability that the harm will be realized. Prosecutors could, instead, argue not that the system is more valuable than human life, but that it is vastly more likely that Child's would succeed in damaging it if released on bail than it is that the average (e.g.) murder suspect would succeed in killing while on bail.

      Its also possible that they could argue that the system is used for critical functions related to public safety, so that disruption could directly have consequences for safety and even human life.

    2. Re:sooooo..... by amiga3D · · Score: 1

      In their eyes the network is more important that human life...certainly. Of course. I can't believe you would even question this.

    3. Re:sooooo..... by Culture20 · · Score: 1

      Ask an actuary the monetary value of one human life. Prepare to feel sad (or angry).

    4. Re:sooooo..... by MRe_nl · · Score: 1

      An African or European human?

      Also, even less seriously, http://www.humanforsale.com/

      --
      "Kill 'em all and let Root sort 'em out"
  18. Was it worth it? by pudding7 · · Score: 1

    I hope it was all worth it for him. Sounds like there's not much of a case against him, but I have a hard time feeling any sympathy for him.

    1. Re:Was it worth it? by pudding7 · · Score: 1

      I like pronouns. Him, him, him.

    2. Re:Was it worth it? by amiga3D · · Score: 1

      He's an asshole. It's just that the judge and prosecutors are dickheads. It's a matter of who is more despicable.

    3. Re:Was it worth it? by Coren22 · · Score: 1

      So, it is being an asshole to follow written password procedures and not divulge your password to people whom you do not know to be authorized to have the password? I would rather the jail time for following written policy then the civil suit when those people destroy the network and you are held accountable because you gave them the password.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  19. No hit-by-bus protection by incense · · Score: 3, Interesting

    While it seems the prosecutors in this case are overreacting (why's this even a criminal case?), what I find curious is that there was no scheme to retrieve the passwords if Childs were to pass away accidentally (no HBB protection). Passwords written on paper in a safe, safety deposit box or similar, or the passphrase to Password Safe written down somewhere secure.

    It's pretty stupid to have to physically access all the routers to reset passwords in the event that the network admin dies or quits in fury. Just write the procedure into the admin's job description.

    --
    testing 1 2 3
    1. Re:No hit-by-bus protection by Cramer · · Score: 1

      It's worse than that... not only do you need physical access, you need a copy of the config, or the necessary bits to regenerate one from scratch. He turned off password recovery; the only way in is to erase the configuration. (or jump through a dozen hoops to get that NVRAM in a device that ignores that bit. in many cisco devices, the NVRAM is not removable; if the rommon chips aren't removable either, you're screwed.)

    2. Re:No hit-by-bus protection by MartinSchou · · Score: 1

      How do we know that he doesn't have a security scheme in place in case of death? For all we know he may have a section in his will dedicated to just that.

      And at what point does it become okay to open those papers you mention? Is he ten minutes late and his cell phone is dead, but you really want to fix something? On vacation and you really want to fix this now and not wait until he gets back? He needs to stay in the hospital for a few days? Family emergency on the other side of the country?

      In fact the password policy for San Francisco [57 page pdf] states the following:

      If you must [write] your passwords down, store them is a secure place and never anywhere in your office.

      Great - he's now stored his password in a sealed envelope and he's storing it in a bank vault with instructions left with the bank that in case of death or serious injury they are to hand over the letter to his supervisor.

      That's definitely a secure location. Do we know that this isn't the case?

  20. Maybe I don't remember Civic's very well.... by rahvin112 · · Score: 4, Interesting

    Maybe I don't remember HS Civic's very well but I thought the point of bail was ONLY to prevent flight, not that it had been redefined to be large as a result of danger the innocent (until proved otherwise) person poses. He's being jailed not because he's a flight risk but because of political posturing by the DA, that is a serious miscarriage of justice. I don't have a lot of sympathy for the guy but bail is clearly being misused here.

    1. Re:Maybe I don't remember Civic's very well.... by Anonymous Coward · · Score: 0

      Do you mean "Civics" without the apostrophe, or are you somehow referring to something belonging to a Honda Civic, much like how you'd say "John's pet turtle"?

    2. Re:Maybe I don't remember Civic's very well.... by amiga3D · · Score: 1

      Generally someone actually considered a threat would be denied bail period. Since he's not really a threat but has embarrassed the idiots running SF they simply made the bail ridiculously high.

    3. Re:Maybe I don't remember Civic's very well.... by DragonWriter · · Score: 3, Informative

      Maybe I don't remember HS Civic's very well but I thought the point of bail was ONLY to prevent flight, not that it had been redefined to be large as a result of danger the innocent (until proved otherwise) person poses.

      You badly misremember your HS civics, or were badly misinformed in that class, then. Bail has historically been discretionary, and dangerousness has almost always been a consideration. It was briefly, in non-capital federal cases, restricted to a guarantee of appearance under the Bail Reform Act of 1966, but considerations of dangerousness for non-capital defendants were restored in the District of Columbia Court Reform and Criminal Procedure Act of 1970 and, more broadly, in the 1984 revisions to federal bail law.

    4. Re:Maybe I don't remember Civic's very well.... by mabhatter654 · · Score: 1

      Didn't they say he had a good chunk of the money in checking/cash not to mention a house anywhere in CA is worth at least most of that. I think the goal was to get him to pay the $500K to the bondsman (usually you pay only 10% and if you don't show they sic Dog the bounty hunter on you because the bondsman is out $4.5M) which you DON'T GET BACK and he didn't fall for it.

    5. Re:Maybe I don't remember Civic's very well.... by ring-eldest · · Score: 1

      Don't forget US v. Salerno. The "perceived evil" stipulation. Because Christ knows, down here in the south a black man that rapes a white woman won't be perceived as any more evil than a white man that does it. White, wealthy tech guys won't be perceived as any more evil than the beer swilling schleps in the jury box. Yeah, we're all equal in the eyes of the law, seriously! We are! And the judges can tell for sure how evil you are when using preventive detention as a punishment. They're not doing anything wrong! They're just living in their own little la-la land of assumptions and gut-reactions and intuition that makes the whole thing a sham.

      Perceived evil... what a bunch of fucking nutcases. The entire criminal justice system in the US needs to be reworked from the ground up, and many of the people currently in positions of power need to be digging ditches somewhere in the southwest. Small but deep ditches. With a nice man with a gun behind them.

    6. Re:Maybe I don't remember Civic's very well.... by Anonymous+Cowpat · · Score: 1

      California is adjacent to Mexico. I doubt the Mexicans would be so sympathetic to Dog and his band of pea-brained thugs a second time.

      --
      FGD 135
  21. Not what bail is for! by Pitr · · Score: 1

    Bail exists to a) manage flight risk and b) prevent repeat occurrences of the same crime. So unless he decides to not tell the city the password again(which they now know), it's not even possible to repeat the "crime".

    So to put it in perspective, bail is set at $5 Mill because he would only tell the password to the Mayor, which is apparently a crime 5x more severe than killing someone, even though it can't exactly be repeated.

    "He might do damage in some other way which has nothing to do with what we're charging him for.", is NOT a reason to set bail ludicrously high. Maybe the guy's a dick, maybe he even did some stuff wrong, but he's definitely having his rights stepped on now.

    IANAL, etc. etc.

    --

    --Not to be worried, Pitr fix.
    1. Re:Not what bail is for! by Fulcrum+of+Evil · · Score: 1

      Bail exists to a) manage flight risk and b) prevent repeat occurrences of the same crime.

      No, that's what punishment is for. When you're at a bail hearing, you haven't been convicted, so preventing recurrence means nothing - they haven't proved you guilty.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  22. No Sympathy for Childs... by Kozar_The_Malignant · · Score: 0, Flamebait

    I don 't know the man, but he appears to have behaved like a raging asshole since the start of this. Whatever his skill or lack thereof as a network administrator, he has totally failed as a member of the team running the City's network. For all of you bewailing the fact that this all seems to be politics, I can only say, "Duh!" Everyplace you work has politics. Childs seems to have decided that his way of winning at office politics is to commit public, career seppuku on top of a hill no one cares about. He has demonstrated for all to see that he lacks judgment and a sense of proportion. Good luck with your career in fast food retailing, dude.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:No Sympathy for Childs... by moxley · · Score: 2, Interesting

      I agree with a bit of what you've said, but I totally disagree with the last two sentence in your post... and since you weren't there how would you know?

      So what, you think this man is sitting in jail all of this time and wouldn't hand the password over to someone *just to be a dick*?

      It is true that every place has politics, and that you have to be mindful of them, and sometimes the most technically gifted among us seem to (at times, but not everyone and not always) be short of the political and "working well with others" side of things, but none of that means he was all in the wrong, or that there isn't more to the story, or that the people who actually treated this like a pissing match and blew it all out of proportion aren't the ones who are really in the wrong here. Maybe it could have been handled differently, but maybe not....

      Just because in a similar circumstance you or many other people might back down, doesn't mean he was wrong....I think he thought he was absolutely doing what was right and what was in the best interests of the city, I think that there were some things going on that shouldn't have been and he took a principled stand ..... The way he has been treated in court, the fact that 3 of the 4 changes have been dropped and the remaining charge is completely dubious and he *STILL* is being held with 5M bail tells me that something isn't right here...Even if he DID act like a total asshole (which I tend to think is not the case), that bail is still completely inappropriate.

      I really don't think he'll have a hard time getting work after this. It's possible he won't be able to work for a municipality or certain corporations, but so what...

    2. Re:No Sympathy for Childs... by dkleinsc · · Score: 2, Informative

      Since when is behaving like a raging asshole a crime?

      Office politics can get you fired. They can't get you locked up.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:No Sympathy for Childs... by Sabriel · · Score: 1

      Childs might disagree with you on that one.

    4. Re:No Sympathy for Childs... by JustNiz · · Score: 1

      >> he appears to have behaved like a raging asshole ... which would coincide with my experiences of the usual attitude of nearly all sys admins at the companies I've worked at over the last 30+ years.

    5. Re:No Sympathy for Childs... by MartinSchou · · Score: 1

      It's possible he won't be able to work for a municipality or certain corporations, but so what...

      If he's cleared of all charges (either by them being dropped, dismissed or found not guilty), why should he be unable to work for a municipality? Are they allowed to discriminate against people who have been cleared of all charges? They aren't allowed to discriminate against you because of race, gender, religion or have a handicap, so why should they be allowed to discriminate against someone who the judicial system has deemed innocent?

    6. Re:No Sympathy for Childs... by Drgnkght · · Score: 1

      ...why should they be allowed to discriminate against someone who the judicial system has deemed innocent?

      The judicial system to the best of my knowledge never deems anyone innocent. The best you can hope for is to be declared Not Guilty, or to have the charges dropped. There is also something when a charge was filed against the wrong person. Kinda like having charges transferred from one person to another. (I can't recall what that is called though...)

    7. Re:No Sympathy for Childs... by MartinSchou · · Score: 1

      I'll grant you that they don't deem anyone innocent, but by those standards, we could just dream up charges against anyone we don't like for any kind of paedophilia charges, couldn't we?

      Would probably be a better society if everyone had been accused of child molestation. Might make everyone think twice before judging them.

    8. Re:No Sympathy for Childs... by Hognoxious · · Score: 1

      Doesn't matter. You're innocent till proven guilty (beyond reasonable doubt). Anything other than guilty is innocent.

      Scotland is different. Thy have a third verdict, not proven. Rumour has it this is equivalent to "not guilty but don't do it again".

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  23. Something is Rotten in the State of SF by KwKSilver · · Score: 2, Informative

    This whole thing has seemed overblown from the get go to me. I thought it had been cleared up a while back ..obviously not. My guess is that he stepped on some politician's/power broker's toes somehow, and "they" are punishing him this way; it's a classic corrupt government gambit. Vindictive state and local politicos have a lot of ways to screw people who lack friends in high places. Wonder what the poor bastard did, refuse to help some honcho spy on or frame someone?.

    --
    If you want your life to be different, live it differently.
    1. Re:Something is Rotten in the State of SF by Drgnkght · · Score: 1

      Wonder what the poor bastard did, refuse to help some honcho spy on or frame someone?.

      My understanding is that he told him "No" in front of a large group of witnesses.

  24. Whatever happened to the constitution? by Marful · · Score: 5, Insightful
    8th Amendment of the Bill of Rights

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    Judge needs to be removed and disbarred.

    1. Re:Whatever happened to the constitution? by TheGratefulNet · · Score: 2, Interesting

      Judge needs to be removed and disbarred.

      worse. put HIM in prison.

      in fact, each judge should spend mandatory time in jail.

      I'm 1000% serious. they are so far detached from the common-experience, they have NO IDEA what the fuck they are doing.

      truly a rich nobility class. effectively. ...makes me sick!

      I bet that judge would think twice if he lost some of his power and had to live 'under the sword' like us mortals do.

      a sysadmin spending time in jail. my god. and in one of the most enlightened areas of the country (yes, the bay area usually is pretty forward thinking; which makes this even more surprising).

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Whatever happened to the constitution? by MartinSchou · · Score: 1

      in fact, each judge should spend mandatory time in jail. I'm 1000% serious. they are so far detached from the common-experience, they have NO IDEA what the fuck they are doing.

      Do you really think they'll end up getting the same treatment from the guards as everybody else? I'd consider it highly unlikely that they'd ever be put with the regular people, submitted to strip searches, have the cell tossed etc.

    3. Re:Whatever happened to the constitution? by Anonymous Coward · · Score: 0

      Put them in a state prison in another state under an assumed name. C'mon the feds have people who can do that no problem. It's just like witness relocation, only they're being relocated directly into prison! :D

    4. Re:Whatever happened to the constitution? by bluefoxlucid · · Score: 1

      The bay area is only forward thinking when it comes to butt sex.

    5. Re:Whatever happened to the constitution? by Anonymous Coward · · Score: 0

      And the city of San Francisco sued for twenty billion dollars....

    6. Re:Whatever happened to the constitution? by alexo · · Score: 1

      Judge needs to be removed and disbarred.

      You misspelled "dismembered".

  25. Bail by Toonol · · Score: 1

    The entire concept of 'bail' is ridiculous. Money paid should not have any effect on whether a person is in or out of jail.

    1. Re:Bail by Pitr · · Score: 1

      I don't think you understand what bail is for or how it works. It's kinda like insurance. You're accused of a crime, you put money up saying you wont skip town or do it again during the proceedings. Regardless of the verdict, as long as you don't repeat the offence, or miss trial dates, you get the cash back. If you screw around, then you lose the money.

      --

      --Not to be worried, Pitr fix.
    2. Re:Bail by Frankenshteen · · Score: 1

      If the real threat is his release, the practice should be to remand w/o bail; not set the amount so high its unreachable. At some point, someone who can easily pay 5 mil will be in the seat, and on the street? Bail denied. Next case.

      --
      "It's a doughnut stuffed with M&M's. That way when you finish the doughnut, you don't have to eat any M&M's."
    3. Re:Bail by Toonol · · Score: 2, Insightful

      I understand it completely.

      It doesn't change the fact that, of two people accused of committing similar crimes, the one who can raise sufficient money gets to leave jail. The one who can't, stays in jail until the trial is complete. I can think of no moral or ethical reason that should be allowed.

  26. he better sue as 14 months in jail looks bad resum by Joe+The+Dragon · · Score: 1

    He better sue the city big time as 14 months in jail looks bad resume and some places he will not get pass HR with that. Other jobs as well will question the big job gap maybe not the IT guy but likely the PHB will.

  27. honor case by Anonymous Coward · · Score: 0

    unfortunately, this case has been made into an "honor" case.

    They've been helding that poor guy for 14 months already.

    Lowering bail would be like admitting that the facts hold against him are not that bad.

    And admitting that facts aren't that bad, would mean that he would get a lower sentence.

    But he has already been in jail for 14 months, so not framing this guy would be utter failure and loss of face for prosecution and the city/state/watever. "hey guess what, we've been holding you for 14 months and you're getting a 5,000$ fine. Excuse us for turning the complaint from a 'termination of contract gone bad' to a terrorrism claim"

    1. Re:honor case by TheGratefulNet · · Score: 1

      unfortunately, this case has been made into an "honor" case.

      america (and a lot of countries, in fact) refuse to ever say 'Im sorry, I was wrong'.

      pigheaded mutherfuckers are the ones who are truly the criminals. they put a man in jail for no good reason, kept him there WAY too long and now have egg on their face so much they are backed into a corner. they refuse to say 'we were wrong'.

      so its a case of 'saving face'. something I'd expect a bit more from the far east than the US. ;(

      big boys with power and an ego that can't be stopped.

      we're fucked, with people like this running the country.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:honor case by petrus4 · · Score: 1

      big boys with power and an ego that can't be stopped.

      we're fucked, with people like this running the country.

      Yep; and you can bet that they're laughing their heads off over the fact that many of the sheep in America keep pointing at the Chinese government and saying, "But thank God we're still free!"

      China is going to end up looking liberal compared to America in the end. You wait.

  28. a bit of context on the 5m bail by Anonymous Coward · · Score: 4, Informative

    The pervert/sickos they just caught in SF had their bail set at $500,000 each
    for imprisoning and raping kids for 20 years

    10% of what this admins bail is set at
    good to see the USA court has its priorities set
    raping kids is only 10% of the risk to society than this guy?

    1. Re:a bit of context on the 5m bail by Anonymous Coward · · Score: 0

      This guy pissed off the nobles. That's more risk to the noble society than raping peasant kids.

      The truth is, the USA is slowly falling back into a feudal society. You peasants can grumble all you want, but when push comes to shove, the nobles can do whatever they want with you and get away with it.

    2. Re:a bit of context on the 5m bail by Anonymous Coward · · Score: 0

      Apologies if I'm wrong, but I think I perceive some undercurrent of "USA courts are all like this, this is a nationwide problem" in your post.

      This isn't "USA court". This is the court of San Francisco County Judge Charles Haines, a man who is undoubtedly friends with the prosecutor bringing the case and the managers who felt their toes had been stepped on. It's an example of cronyism and politicking in a high profile case, not an accurate reflection of how dangerous America feels each man is.

  29. DEFINE EXCESSIVE by Anonymous Coward · · Score: 0

    $5M bond, 14 months in jail, and he still hasn't been convicted of the ONLY (1) charge he is currently facing ..."The fourth charge â" that Childs violated a California statute regarding illegal denial of service for the San Francisco FiberWAN".

    What exactly does that statue say and what is the maximum penalty for that? If it's not 14 months, he should be released for time served and the court should pay him to go to his own trial, that way he still gets his chance to be proven innocent of the 1 charge.

    Nobody died, nobody bled, and the only financial damage was cleaning up the mess his MANAGERS made by not doing their jobs properly. This wasn't a problem CREATED by Childs. It was a problem IDENTIFIED by Childs. Let's toss people in jail for 14 months, without a trial, on non-violent/non-drug/non-financial gain "crimes"?!? I'm not saying he handled this correctly, just that I don't see ANY crime here.

  30. The DA has proved his case by Anonymous Coward · · Score: 0

    The city DA published 150 passwords as Exhibit A in a court filing, see http://www.infoworld.com/d/security-central/san-francisco-da-discloses-citys-network-passwords-481.

    This sorta proves his case that turning over passwords might jeopardize security, doesn't it?

  31. Common to place conditions on bond by devleopard · · Score: 2, Insightful

    House arrest, and GPS monitor. Any damage to their network can easily be traced to an IP address, which if he can't move with freedom, makes it pretty easy to identify if it came from his computer. (I'm assuming they can't restrict his access to computer.) If he does, charge him with another crime. If he were to attack the network under such conditions, he'd be demonstrating his utter desire for being raped in prison, as I can't think of any other sane reason why he'd do it. Only reason bond should be denied is flight risk or a risk to further harm against a human victim/witness.

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
    1. Re:Common to place conditions on bond by Anonymous Coward · · Score: 0

      So he sits at home, buys a 30dB microwave dish for 2.4GHz, cracks a WEP network a half mile away, and uses it to do whatever harm.

      If they can't restrict his computer usage, it's damn hard to keep things as traceable as you suggest.

  32. No sense of proportion by Locke2005 · · Score: 4, Interesting

    Phillip Garrido is only being held on $1 million bail. Which one do you think can do more damage if released, Childs or Garrido? If you answered "Childs", I would insist your priorities are seriously fucked up.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:No sense of proportion by TheRaven64 · · Score: 2, Funny

      But he could control the network! With computers! Nuclear missiles are controlled by computers! He could kill everyone!

      --
      I am TheRaven on Soylent News
    2. Re:No sense of proportion by Anonymous Coward · · Score: 0

      And don't forget the fire sale!

  33. The DA's Gonna Regret This... by FrankDrebin · · Score: 3, Informative

    ... when he has to register as a Childs offender.

    --
    Anybody want a peanut?
  34. $5 million by selven · · Score: 3, Funny

    Someone send over 63 pirated songs then.

  35. Can we help him? by DragonDru · · Score: 4, Interesting

    Is there anything that can be done for him?
    As a SysAd and citizen I find this case to be disturbing. I don't know if visiting him in jail would be helpful.
    Do they even let one have cookies in there? Cookies may not help him or his case, but cookies can taste good.

    --
    20 characters max for the password? How will I use my favorite poems as passwords?
    1. Re:Can we help him? by Anonymous Coward · · Score: 0

      Any other prior combat arms geeks here? This looks like a job for C4 and a couple snipers.

    2. Re:Can we help him? by Reservoir+Penguin · · Score: 1

      some lubricant would be nice...

      --
      US-UK-Israel: The real Axis of Evil
  36. No it really isn't by Sycraft-fu · · Score: 1

    The thing is, in most cases defendants don't exercise their speedy trial right. The reason is that they want time to prepare their defense. Also cases don't tend to take massive amounts of time to prepare all that often. However, in many states (I don't know about California) there are specific laws for speedy trial and they are enforced. There is a case I'm aware of in Arizona (a DUI) that is going to get dismissed on speedy trial grounds if the state doesn't have their act together in a hurry.

    I don't know what is going on with this case, but the idea that speedy trial is a pipe dream is BS. For the most part it simply isn't an issue, the defense is fine with taking some time to prepare and the trial happens under the speedy trial statute anyhow. Speedy trial doesn't mean next week, it means in a reasonable amount of time. In the case of Arizona law, it's 6 months.

    1. Re:No it really isn't by Anonymous Coward · · Score: 0

      1 year in california. I had a traffic violation from an unpleasant cop that went through this. It finally got thrown out by the judge because the DA's had played hotcake with it rather than having all their ducks in a row.

      Still put me out a thousand bucks because I hadn't known when I started that I qualified for a public defender :(

      Also got me out of jury duty a few months later when the PD who'd represented me was the PD on my to-be assigned jury case :D

  37. Re:he better sue as 14 months in jail looks bad re by mabhatter654 · · Score: 2, Insightful

    he could even claim he's still an employee and due back wages. The original fight was because he was an ass to a new woman manager and she walked to her boss and claimed "sex harassment". The manager tried to fire him without following city process in the first place... and didn't follow legal process to get the passwords in the second place... he could probably go back to the city worker's union and actually win his job back for managerial misconduct if charges don't stick!!!! After all he hasn't even had 3 officially written strikes yet!!!

    He may be an ass, but he's been smart enough to follow the City's work rules to the letter.... it's the management that's skipping steps in the written HR process.

  38. Wrongful dismissal and arrest by omb · · Score: 1

    An the "security policy" is why the last charge will have to be dropped or will fail and the counter-suite for malicious wrongful dismissal and arrest, and detention should be filed.

  39. Password Recovery by Anonymous Coward · · Score: 0

    Why didn't someone just do password recovery and change the passwords when this all started? That has confused me for the last year. I have yet to run into any Cisco gear that you cannot do password recovery on if the box is in your hands. It would have been a lot cheaper and easier on everyone. Reset them and move on... Why go through all of this crap if you don't have to?

  40. Which competent sysadmin... by refactored · · Score: 1

    ...is going to work for a bunch of self-declared viciously stupid assholes and risk jail time for doing their job right?

  41. unprecedented bail by edfardos · · Score: 1
    "bail is appropriate because, if released, Childs could cause damage to San Francisco's network."

    ...which could have a serious impact on corporate profits...

    make it 10 million.

    --edfardos

  42. Re:he better sue as 14 months in jail looks bad re by Fallingcow · · Score: 1

    Yeah, his career's shot.

    If they drop the 4th charge, too, he ought to get lost wages, some sort of additional compensation for being STUCK IN GODDAMN JAIL FOR 14 MONTHS, and the difference between the amount he'd have made in his projected, optimal career path and what he'll make working at Burger King. Then double it. Call that part the "douchebag tax".

  43. Scalia's wet dream by hamburgler007 · · Score: 3, Insightful

    When ordinary citizens break the law, they get punished, often going to jail. When officers of the state violate citizen's constitutional rights, violations that have a much more resounding effect on society, the violations go largely ignored, rarely resulting in penalties, and even rarer that those officers will see any jail time. It is unfair and fucked up, the kind of system the founders wanted to prevent. IMO, if a civil servant (from the bottom to the top) blatantly violates the constitutional rights of a citizen, it should be prosecuted. Of course that will never happen, but one can dream.

  44. Excessive Bail == pressure for plea by redelm · · Score: 4, Insightful

    On one charge? This looks _very_ fishy. Conditions on bail would certainly include no computer use. I suspect the real motive for the DA is to use incarceration as pressure for some sort of plea bargain. Any bargain, because their case is weak / non-existant. Highly corrupt.

    The DA has to pressure, because if he does NOT cave, they're facing a multi-million $ lawsuit for wrongful (or even malicious where less would be protected by privilige) prosecution. This will ruin careers. As it should.

    1. Re:Excessive Bail == pressure for plea by rastilin · · Score: 3, Insightful

      The DA has to pressure, because if he does NOT cave, they're facing a multi-million $ lawsuit for wrongful (or even malicious where less would be protected by privilige) prosecution. This will ruin careers. As it should.

      Then that DA is exceptionally short-sighted. They've already gone so far as to set up a storm that won't blow over. Having a powerful official visibly give the shaft to an employee is not something that goes down well in a first world country. Whatever the city does at this point is meaningless, it's already over, the only important thing now is how long they intend to thrash around until they fall down.

      --
      How do you kill that which has no life?
    2. Re:Excessive Bail == pressure for plea by redelm · · Score: 2, Informative
      Short-sighted, maybe. But more likely playing the odds: most of the people DAs charge _are_ guilty and/or _will_ cave to pressure. Huge problems happen when an innocent person enters the meatgrinder. And not just for them if they are resolute.

      The real culprit here is lazyiness/"efficiency" (cashless corruption) -- many police jump at anything to "solve the crime", and DAs are lazy about reviewing their cases. Mostly because they can get away with it. When they can't, smart DAs avoid escalation and cut their losses early. This dude has not, so risks going down bigtime. Unfortunately only max disbarment, not prison.

      _

  45. visiting SFO by vaporland · · Score: 1

    I dunno - I was in San Francisco with my wife a few weeks ago, it was really beautiful, and we had a great time. Everyone else seemed to be enjoying themselves too!

    No problem driving or parking (ok California drivers in general are pretty aggro, but) and no more homeless folks than I see here in Denver...

    Not gonna move there, or break into any city routers, but all in all, very pleasant.

    --
    Ask Me About... The 80's!
  46. Ironically... the password was. . by fireheadca · · Score: 1

    Turns out the password was "childs".

    Who would've guessed?

  47. He locked himself in. by westlake · · Score: 1

    I'm pretty sure he isn't laughing his ass off while sitting in jail after 14 months. Although there's a good chance he will be once this is done, and he's won his lawsuit against the city and gotten the DA disbarred.

    The court sided with the D.A. and the city.

    When the high bail was granted and when the high bail was sustained.

    Spending 14 months in a 6x8 cell fantasizing over the pot over the nonexistent pot of gold at the end of this rainbow is just plain nuts.

  48. Citation needed by westlake · · Score: 2, Interesting

    His duty to help them by giving them passwords and other confidential information ALSO ended when his employment contract ended. That's what the law says.

    I want to see some solid proof for this. Because I am betting there are residual obligations under his contract - or that his contract was never properly terminated.

    1. Re:Citation needed by palegray.net · · Score: 2, Interesting

      That's a civil issue, not a criminal one. In point of fact, contracts are only valid as long as "valuable consideration" holds true. Termination of pay breaks that.

    2. Re:Citation needed by profplump · · Score: 2, Insightful

      You probably can't write an employment contract that requires me to keep working after you've stopped paying me. Even if you could, a violation of such a contract would be purely a civil matter, unless there was some actual crime underlying the breach.

    3. Re:Citation needed by xycadium · · Score: 2, Insightful

      I was let go from an ISP in arizona and less than a week later the network supervisor showed up at my door to pick up the modem owned by the company. He also told me that they needed the password to my workstation, which was encrypted using truecrypt. He said that if I didn't, they'd have a police officer come and ask me for it. Well, I gave it to him mainly because there was nothing on it I was worried about. However, I asked an attorney friend of mine who lives in CA about that and he stated that I was obligated to give them the password because the password is their property, even it if isn't a physical object. I don't know how it would have went down if I said that the password was written on a postit which was on my desk when I left, that they must have disposed of and that I never memorized the password, since my computer was never shut off so I rarely had to use this password, as it was only applicable if the computer was booting up.

    4. Re:Citation needed by Ossifer · · Score: 1

      Usually IT job employment contracts require you to turn over all employer property immediately upon contract termination, and they explicitly list passwords as part of employer property.

      However employees can legally withhold employer property until that time that employer has paid all debts to employee.

    5. Re:Citation needed by Ossifer · · Score: 1

      That's why we have judges and juries...

    6. Re:Citation needed by palegray.net · · Score: 1

      Huh, "troll" is an interesting moderation for this one... apparently somebody doesn't like reality.

  49. Dilbert World by Anonymous Coward · · Score: 1, Funny

    Childs accused his managers of "gross incompetence," Ugh Duh, don't he read his daily Dilbert's that's how the world is.

  50. Why is this still up--boycott the city by Anonymous Coward · · Score: 2, Insightful

    I don't see why this is still up. If most of the IT community with any sense of self respect boycotted the entire city, the problem would evaporate within two weeks. Any professional with even an ounce of self respect should be refusing to service any aspect which receives funding, or inherits legal obligations from any portion of the city. They've already demonstrated they're willing to prosecute someone for doing their job and following policy.

    I don't care if the guys supervisor told him to hand over the password--his supervisor was not in a position of authority to make such a demand. And even if he *was*, the charges and accusations they leveled demonstrated that they behaved with a callous lack of professional ethics, and abuse of power intended to crush the will of this man, instead of simply punishing him according to the rule of law. The charges were clearly trumped up--so such an extent that even the biased judge had no choice but to throw them out.

    Refuse to consult or provide services to anyone associated with the city until they repay Childs and punish those responsible for this abuse of authority. They've already engaged in miscarriage of justice, and it's already painfully clear neither the DA nor the judge will be held accountable.

  51. Re:he better sue as 14 months in jail looks bad re by zippthorne · · Score: 1

    Nah, If anything, curiosity will get him a few interviews. If the competence story is true, or he can hide any assholish tendencies for long enough to look like he is, he might even be able to upgrade.

    That in no way excuses the prison time or high bail. There is much douchebaggery going on here, and the unfortunate part is that it will all be paid for by the citizens of SF in the end.

    --
    Can you be Even More Awesome?!
  52. maybe he can work at felony franks by Joe+The+Dragon · · Score: 1

    maybe he can work at felony franks

  53. To the Court of Appeals, Maybe? by MarkvW · · Score: 2, Insightful

    Bail appeals (using "appeal" loosely) are usually reserved for the very rich, because they are usually a big waste of time. They are a waste of time because the trial judge is invested with a very large dollop of discretion in matters of bail. Here, the big bail doesn't seem to have too much to do with the charge that the defendant is being detained on. It's kind of like holding me on thirty gazillion dollars bail for a driving while license suspended charge because the judge is concerned that I am going to vandalize my neighbor's Rolls Royce.

    This case sucks because the poor bastard has to rot in jail while his lawyers are preparing his defense. If he had money, his experts would be done by now and the State would have, long ago, had its back against the wall scrambling to try to put their bullshit case together.

    I bet that the County Attorney depended on the City's experts (rather than his own, independent, experts) when he filed charges. That's reasonable, but you'd hope they'd have their own independent experts on board by now. Too bad nobody's Groklawing for the defendant.

  54. Hard to fit a file in a cookie... by rts008 · · Score: 2, Funny

    Well, tradition for this is to bake him a cake with a file in it.

    If that fails, then you and your buddies saddle up your horses and a spare one for him, then pull the window bars out.
    Bonus points for shooting up the town marshal's office during the escape.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  55. Maybe their network still isn't secure. by Kaenneth · · Score: 5, Insightful

    What skilled, knowledgable, trained network administrator would work for them at this point?

    Some may be willing to take a crappy job to put food on their kids table... but one that's likely to put you in jail for following their own proceedures?... I wouldn't do that to my kids.

  56. This is pathetic. by tengeta · · Score: 2, Interesting

    How are they going to hire the new IT dude after this crap? I think some of the would-be applicants are heading for janitorial work so they can at least... not be in jail.

    --
    "They confiscated everything, even the stuff we didn't steal!"
  57. it doesn't matter by Anonymous Coward · · Score: 0

    it doesn't matter what he might do. if you have a maximum bail you need to adhere to that. you can't toss out the tenants of your court system because it's inconvenient to the prosecution of a single individual.

  58. making laws about stuff they don't understand by Anonymous Coward · · Score: 1, Interesting

    The Hacker Manifesto

    by
    +++The Mentor+++
    Written January 8, 1986

    Another one got caught today, it's all over the papers. "Teenager Arrested in Computer Crime Scandal", "Hacker Arrested after Bank Tampering"...

    Damn kids. They're all alike.

    But did you, in your three-piece psychology and 1950's technobrain, ever take a look behind the eyes of the hacker? Did you ever wonder what made him tick, what forces shaped him, what may have molded him?

    I am a hacker, enter my world...

    Mine is a world that begins with school... I'm smarter than most of the other kids, this crap they teach us bores me...

    Damn underachiever. They're all alike.

    I'm in junior high or high school. I've listened to teachers explain for the fifteenth time how to reduce a fraction. I understand it. "No, Ms. Smith, I didn't show my work. I did it in my head..."

    Damn kid. Probably copied it. They're all alike.

    I made a discovery today. I found a computer. Wait a second, this is cool. It does what I want it to. If it makes a mistake, it's because I screwed it up. Not because it doesn't like me... Or feels threatened by me.. Or thinks I'm a smart ass.. Or doesn't like teaching and shouldn't be here...

    Damn kid. All he does is play games. They're all alike.

    And then it happened... a door opened to a world... rushing through the phone line like heroin through an addict's veins, an electronic pulse is sent out, a refuge from the day-to-day incompetencies is sought... a board is found. "This is it... this is where I belong..." I know everyone here... even if I've never met them, never talked to them, may never hear from them again... I know you all...

    Damn kid. Tying up the phone line again. They're all alike...

    You bet your ass we're all alike... we've been spoon-fed baby food at school when we hungered for steak... the bits of meat that you did let slip through were pre-chewed and tasteless. We've been dominated by sadists, or ignored by the apathetic. The few that had something to teach found us willing pupils, but those few are like drops of water in the desert.

    This is our world now... the world of the electron and the switch, the beauty of the baud. We make use of a service already existing without paying for what could be dirt-cheap if it wasn't run by profiteering gluttons, and you call us criminals. We explore... and you call us criminals. We seek after knowledge... and you call us criminals. We exist without skin color, without nationality, without religious bias... and you call us criminals. You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it's for our own good, yet we're the criminals.

    Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like. My crime is that of outsmarting you, something that you will never forgive me for.

    I am a hacker, and this is my manifesto. You may stop this individual, but you can't stop us all... after all, we're all alike.

    1. Re:making laws about stuff they don't understand by LittleGuy · · Score: 1

      Damn kid. Slacking off on Slashdot again. They're all alike...

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  59. wtf? where is the outrage?? by Anonymous Coward · · Score: 2, Insightful

    "accused city hacker" instead of "the guy who built and maintained san francisco's networks for several years"?

    "essentially commandeered the system" instead of "yeah, that was his JOB"?

    with the city still trying to politically assassinate this guy, the judicial system still eager to help, and the press still spewing this ignorant garbage to the general public, why isn't the entire IT community out on the streets protesting for this guy?

  60. Re:he better sue as 14 months in jail looks bad re by Anonymous Coward · · Score: 0

    He has filed a suit for $3M.

    http://www.computerworld.com.au/article/275531/jailed_sf_network_admin_files_3m_claim

    Don't know how that is going.

  61. hate to ask by Anonymous Coward · · Score: 0

    I hate to ask but have they tried a motion for a change of venue? Besides that isnt what he's charged with more of a federal mater then a local?

  62. The California Legal System Leaves Me Speechless.. by herojig · · Score: 1

    The California legal system leaves me speechless... almost...SF alone supports gang members who eventually shoot citizens, and as a business, you can get sued frivolously for having a door handle 2 cm higher then code. Child rapes are so common that they need an Amber Alert System 24x7 to try and slow it down, and now a network admin can't get out of jail for less then 5mil - all while Gov. Taxinator prepares to release tens of thousands of convicts onto the streets before serving their full sentences. An earthquake would be a blessing at this point, especially if the epicenter were the capital building in Sacramento.

    --
    I think therefore I can't be ~TTNH
  63. Thought SF was infested w/ dirty rotten liberals? by ibsteve2u · · Score: 1

    If this story is any indication, SF isn't even a democracy anymore; it is a dictatorial oligarchy.

    --
    Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
  64. you're right by ILongForDarkness · · Score: 1

    Just admit that he was presumed guilty before a trial you incompetent fools.

    My understanding is that bail isn't meant to be punitive (after all the accused hasn't been convicted yet), just sufficient to ensure that they will show up for court. Larger crimes don't have larger bail because the cases are more important, but because the sentences associated with a conviction are larger so there is a larger incentive to skip out on your trial. So is he likely to get five times the sentence of a murderer? Heck I'd be surprised if after the appeals process if he even gets more than time served and a fine. Of course how much of his life and money will have been pissed away in jail and given to lawyers will be anyone's guess.

    1. Re:you're right by ILongForDarkness · · Score: 1

      Sorry my bad I somehow thought that murder was on the list of 1M offenses. Sorry please disregard murderer and instead child rapist, arsonist, kidnapper etc.

    2. Re:you're right by OnlineAlias · · Score: 1

      If you actually read the case, there will be no appeals court, as he will be found not guilty. They dropped all charges but 1 and the only one that is left doesn't even have a leg to stand on. The guy did nothing illegal, and everyone including the prosecutors know it. They are trying to keep him in to save face, nothing more.

    3. Re:you're right by fireylord · · Score: 1

      that's assuming the whole thing isnt thrown out as the pointless ridiculous exercise it really is

  65. Special Awe Required by Douglas+Goodall · · Score: 2, Insightful

    It is incredible that the people responsible for the network today cannot secure the network well enough to keep Childs out and they are allowed to keep their jobs. If they can keep Childs away from the physical equipment, passwords are all that is necessary to lock things down. Do the people in charge have any dignity? It is about time we start publishing the names of the people who are now responsible who cannot secure this network. The fact that he seems to be needed to be kept in jail for the safety of the network proves every word he said about the incompetent people involved. This situation is so bizarre that it is even stranger than my first wife, and that is saying something.

  66. $1 Million for Assaulting a Child by Anonymous Coward · · Score: 0

    Are we to infer from this that, given the option, the judge would prefer four children be assaulted rather than have the network damaged?

  67. Eighth Amendment by tbgreve · · Score: 0

    * Prohibition of excessive bail and cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    --
    "Be wary of the man who urges an action in which he himself incurs no risk."

    ~Joaquin Setanti

  68. right to speedy trial? a write habeas corpus? by Anonymous Coward · · Score: 0

    right to speedy trial? a write habeas corpus?
    If hes already served more than he could be sentenced to, what is he still doing in jail?

  69. Again, a moron for a judge by hesaigo999ca · · Score: 1

    Proof again, that our justice system is run by incompetent twads, who do not ever take the time to keep themselves
    up to date with today's technology, especially when they are RULING on it...
    It's not because he is behind bars that he can't get to that fiber network and shut it down.

    Take this into consideration next time (Judge moron!)...he withheld the network password, not shut it down, and gave the password to the only person whom he thought he could trust, the governor ( or mayor? i forget)...which was a good thing on his part, being he felt there was a breach of trust as to who had access to this password.

    Secondly, if he really wanted to get back with revenge in mind, he could give access to a backdoor to anyone who might be savy enough to help him,even though he would still be behind bars. A password can be written down, and mailed...so if he is not there to cancel the letter being transmitted on a certain date, because he was behind bars, this revenge letter could make its way into the hands of russian mafia...who then would REALLY f*ck things up, which would then be not his fault, he had no access to a computer at the time to do these dirty deeds, he would not be held accountable for anything that happened after that (unless the russian mafia were to actually get caught and have kept a copy of his letter to incriminate him!)

    Seriously, James bondish I know, but sooooo easy to do, its sad that the judge thinks he is doing good in this case!

  70. His boss should be in jail by Mathinker · · Score: 0, Troll

    You have to wonder why his boss isn't sitting in jail for letting such a valuable resource (as shown by the bail figure) be endangered by the chance that said Terry Childs gets run over by a bus (or otherwise kicks the bucket).

    The only reason that the password/s had value was because of someone else's incompetence.

  71. speedy trial by minstrelmike · · Score: 0

    Where is his right to a speedy trial? It's been 14 months. Childs is just building up more credit for the inevitable lawsuit.
    The prosecutors are simply digging themselves a bigger hole. I suspect the whole game now is to get him to 'confess' to the single charge on the table and then sentence him to time served.

    If he does, then he can't sue.
    Childs is the one who is holding out and he will have to wait until the D.A.'s office either drops the final charge or actually takes him to court.
    And loses.

  72. Childs probably 200k in debt... by GPLDAN · · Score: 1

    Just in legal fees. Not to mention being stigmatized even if cleared of all charges. And unable to earn a living during this trial. If he had a family, his wife would have probably divorced him and taken the kids. They wrecked his life, because they are corrupt. Because they were embarrassed by him, by the press around it.


    To honor the deeply corrupt SF government, the real life Hal Holbrooks who think they ARE the law, I give you Dirty Harry...

    http://www.youtube.com/watch?v=-OFnOaPDerw&feature=related

  73. what ever happened to those other charges by viralMeme · · Score: 1

    What evidence is there that Childs' refused to hand over these alleged passwords, to whom did he refuse to hand over passwords and finally why didn't those with physical access change the passwords? And what ever happened to the accusations that he:

    Configured the routers and switches with 'no service password-recovery, removed the start-up configuration from some devices, created unauthorized wireless access to the FiberWAN, possessed lists of usernames and passwords, including his supervisors, installed sniffers on the network, had a prior arrest record for aggravated burglary ..

    Where did all this go or what it merely the prosecution flinging dirt. So basically we have Childs being locked up and his character being trashed until he cops a plea to a bogus charge. Lucky he don't live in communist China ...

    "But one charge remains: the charge that Childs violated a California statute regarding illegal denial of service for the San Francisco FiberWAN"

  74. Of course not! He acted illegally and unethically by Anonymous Coward · · Score: 0

    Of course not! He acted illegally and unethically

    Send him to Ol' Sparky and throw the switch! Get rid of Marxists (democrats), criminals, illegal aliens, gays & lesbians! Send them all to Ol' Sparky! Remove the abberant behavior and perversion from the face of the earth!

  75. Judge is a Loonie! by b4upoo · · Score: 1

    Keeping a man under custody or outrageous bail under nothing more than the theory that they have the power to do harm if they wished to do harm is a real nut job way of doing business. It would be another matter if the man were making threats that he would screw up the system. But punishing people simply because they have an ability is absurd. Can you picture a man being held under absurdly high bail simply because he is known to be a great shot with a gun? After all, if he wanted to kill someone he would be far more able to do it than most people. So what's next? Perhaps we need to take all arrestees to the shooting range to make sure they are bad shots before they are given bail.

  76. If the network never went down... by SCHecklerX · · Score: 1

    ...how is it theft of service?

  77. Be Right, at your own risk. by Anonymous Coward · · Score: 0

    "It is dangerous to be right when the government is wrong." -- Voltaire

    I think we know where this is all going, Lifetime movie.

    Has it really been 14 months? That was fast.

  78. I don't think the JAG core will let some sit in ja by Joe+The+Dragon · · Score: 1

    I don't think the JAG core will let some sit in jail for that long + with no trial and weak evidence. Hell a captain can't just ask you for the missile key with out the right say from the chain of command.

  79. Prosecutors ? werent they the MORONS who by unity100 · · Score: 1

    released LIVE passwords to the LIVE and sensitive system, to public court, as evidence ?

    if those MORONS said that the world was round, i would be inclined to believe it was flat. i stressed the word MORON many times, because, there can be no other explanation for their failure in logic, and their sheer incompetence, than a mental handicap.

  80. Not to mention by celtic_hackr · · Score: 1

    I was thinking along the same lines. this judge is clearly making himself and the city more vulnerable to him suing the pants off the lot of them. This is clearly a violation of excessive bail, and thus violates his Constitutional rights. He needs some high powered litigator to go after these guys. I don't see how he can lose. Someone needs to show this judge and DA the light. I was going to say something else, but I wouldn't want to be locked up for some trumped up BS just for political speech.

    Welcome to the New and Improved USA, where Free Speech is now a crime. Home of the despoitic rulers, and increasingly severe Police State.