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The Trial of Terry Childs Begins

snydeq writes "Opening arguments were heard today in the trial against IT admin Terry Childs, who was arrested 18 months ago for refusing to hand over passwords to the San Francisco city network. InfoWorld's Paul Venezia, who has been following the case from the start, speculates that the 18-month wait is due to the fact that 'the DA has done no homework on the technical issues in play here and is instead more than willing to use the Frankenstein offense: It's different, so it must be killed.' On the other hand, the city — which has held Childs on $5 million bail despite having already dropped three of the four charges against him — may have finally figured out 'just how ridiculous the whole scenario is but is too far down the line to pull back the reins and is continuing with the prosecution just to save face,' Venezia writes. The trial is expected to last until mid-March. San Francisco Mayor Gavin Newsom, to whom Childs eventually gave the city's network passwords, will be included in the roster of those who will testify in the case — one that could put all admins in danger should Childs be found guilty of tampering."

502 comments

  1. Idiots by Anonymous Coward · · Score: 0

    'the DA has done no homework on the technical issues in play here and is instead more than willing to use the Frankenstein offense: It's different, so it must be killed.'

    The problem with a democracy is that the masses are ignorant. I will be following this case closely, but am already concerned for the outcome.

    1. Re:Idiots by PopeRatzo · · Score: 1

      the Frankenstein offense: It's different, so it must be killed.

      That may be an offense for a juiced-up district attorney, but it's no legal strategy with which to prosecute a case.

      It gets thrown out before it ever gets to a jury.

      --
      You are welcome on my lawn.
    2. Re:Idiots by jaggeh · · Score: 2, Insightful

      I finished an IT security & Responsibility training day on friday and heres what i learned.

      In my company any passwords i have for any part of the system are my property and my responsability to maintain and protect.

      My boss can not ask me for my passwords, in order for him to gain access to my system he has to go through an 'e-share' system of approval from our IT department and they allow or disallow it based on his actual need to access my files.

      If my employment is terminated for anything other than misconduct i get a months notice and in that time i have to wind down any operations im involved in and hand over the keys to whoever is taking my place.

      ---
      In the case of misconduct my pc is confiscated and im escorted from the building. The pc is sent to a data retreival company and any/all relevant info is sent back to employer and then the pc is wiped and returned.

      2 weeks later i get a box in the mail with my personal effects left in my desk.

      ---

      Now i havent been fired yet ;) but i know someone who has gone through the process and from all the companies ive worked in this company is my favorite for IT security.

      I've been keeping track of Terry's case and i fully support his decision not to hand over passwords to critical systems to someone who was
      a) Not authorised to have them
      b) Not qualified to maintain the system they belong to

      --
      I would give everything i own for a little bit more.
    3. Re:Idiots by Virtucon · · Score: 0

      I am not a Frankenstein. I'm a Fronkensteen.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    4. Re:Idiots by Anonymous+Cowpat · · Score: 1

      c) in a room with about two dozen other people equally unauthorised & unqualified

      --
      FGD 135
    5. Re:Idiots by dougmc · · Score: 1
      In general I support Terry's decision as well. However, if it were me, I'd never have let it get this far.

      Once they talk about firing me or having me arrested (!), or even once somebody of high enough rank asks for it, I write down why it's inappropriate, that I'm doing it under duress, and give that to them and HR along with the passwords. Then I get another job, because obviously this one sucks.

    6. Re:Idiots by shinehead · · Score: 1

      The analogy I can think of is if a long haul truck driver refused to hand his keys over if he was fired, thereby denying the owner access to the equipment. In such a situation would the driver be jailed? The SF IT Dept should have contingency plans for this, TACACS, for example. I have come close to being in a Kafkaesque situation similar to this, almost fired because I was alleged to have overhead a coworker confess viewing confidential information. Its amazing how management with an agenda can create a shitstorm for a person without having any factual, legal, or moral substantiation.

    7. Re:Idiots by eosp · · Score: 1

      d) on teleconference with a handful more, whom he obviously could not see

  2. All admins by RichardJenkins · · Score: 5, Insightful

    Surely you mean all admins who refuse to provide passwords when asked by an authorised official at the company they set the passwords for?

    1. Re:All admins by calmofthestorm · · Score: 1

      Well the issue is that if they disclose the passwords and he fucks things up, they can already be screwed, so this precedent has potential to just invalidate their only option

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    2. Re:All admins by tdobson · · Score: 4, Interesting

      There is a potential for problems if a very manager with very insecure security tendencies asks a sysadmin for very important passwords. In some circumstances, the sysadmin might feel justified not handing the passwords over as it would compromise the security of the existing system.

    3. Re:All admins by DJRumpy · · Score: 4, Insightful

      It doesn't matter since in this case, the people this guy works for asked for the passwords. He is completely free of guilt should they screw things up and no court would hold him responsible for doing exactly what his duties required him to do.

      He never owned these passwords, the hardware, the systems, or the infrastructure he worked on. When the owners asked for the password, he should have noted his concerns, and given them up.

    4. Re:All admins by Anonymous Coward · · Score: 1, Insightful

      It is very simple actually: No responsibility without authority. Either the admin is responsible for the security of the system, then he must be responsible for the security of the passwords and must consequently have the authority to withhold them from other people, even in the same company. Or the admin is not allowed to withhold the passwords, then he can not be responsible for the security of the passwords and therefore he can not be responsible for the security of the system. This is not the admin's decision, but he should make the consequences clear to his superiors and insist on a documented policy decision before handling credentials.

    5. Re:All admins by tdobson · · Score: 1

      All valid points. :)

    6. Re:All admins by DarkOx · · Score: 4, Insightful

      The answer is obvious. You simply put it in writing that in your professional opinion someone without an educational background or specific vocational training related the security and operation of whatever system you are dealing with should not operate its administrative features. You than state that you cannot be solely responsible for security or system failures if you are not permitted to be the gatekeeper. You then hand over the passwords if your employer or client agrees.

      There is really no problem here at all.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    7. Re:All admins by remmelt · · Score: 4, Insightful

      Except when they still ass rape you for killing their system. Yes, this happens. You're the admin, you're responsible! Sucks to be you! Sure, you have some bullshit in writing, but who cares? Go look for another job! Oh, you want to sue us now? Go right ahead, see who has the deeper pockets.

      Either way, you lose.

    8. Re:All admins by Lundse · · Score: 1

      Exactly!
      The relevant thing, when considering guilt here, is what standard he believed he was going to be held to: Am I responsible for the security first (he should have withheld the passwords) or is someone else responsible for security (he should have handed the passwords over).
      Unless someone said the three magic words ('I accept responsibility'), I cannot see how he could ever be guilty of anything but being dedicated.

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    9. Re:All admins by Anonymous Coward · · Score: 0

      Because 3 of the counts involve 'providing a means of accessing a computer, computer system, or computer network in violation of section 502,' referring to the modems he had attached to access parts of the system. If you bothered to read the links in the summary you would have found this. You didn't even have to RTFA, you just had to RTFS of another slashdot article.

      So...to recap. Enable remote access to systems = providing a means of ... = jails! = all admins at risk. It had squat to do with passwords.

    10. Re:All admins by DJRumpy · · Score: 1, Troll

      It's not like this guy started yelling the passwords while his bosses were screaming "La La La La" with their fingers in their ears. He has a very clear request from his management that they requested the passwords. What they do with them from that point on is solely their responsibility.

      If employees could simply do what they wished at work because they didn't happen to like what their place of employment was doing, we would have a very different workplace these days. That obviously isn't the case.

    11. Re:All admins by Anonymous Coward · · Score: 0

      In this case he should have put the list of passwords on a sheet of paper in a sealed envelope and put that envelope into a larger envelope along with a note and mailed it as registered mail to the Chief of Police.

    12. Re:All admins by Anonymous Coward · · Score: 3, Informative

      Surely you mean all admins who refuse to provide passwords when asked by an authorised official at the company they set the passwords for?

      The person who asked Childs for the passwords wasn't an authorized official.

    13. Re:All admins by QuantumRiff · · Score: 4, Insightful

      If someone higher ranking than me from our accounting division wants the Domain admin password, should I hand it to them? What about the head marketing person? How do you determine who it is "Safe" to hand over the passwords to?

      --

      What are we going to do tonight Brain?
    14. Re:All admins by Tuoqui · · Score: 2, Interesting

      Sure you turn over the password, they delete something and YOU are on the hook for obstruction of justice.

      Being forced to 'hand over the passwords' should be like a vehicle transfer. The moment you hand the keys off to the person who you are obligated to give them to THEY become responsible for the entire network including their own fuck ups.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    15. Re:All admins by eosp · · Score: 2, Informative

      Said authorised individual should have already had access to those passwords. This guy was more interested in not giving them up to parties that he could not see over a teleconference, or at least that's what his defence will say.

    16. Re:All admins by mysidia · · Score: 2, Insightful

      What about IT admins who configure systems to use Biometric authentication?

      Do they have to cut off their right hand, if a manager asks them?

      IT admins' user accounts on enterprise systems may use the same password the person uses on personal systems, like their bank account.

      What if the hand scanner includes liveness detection?

      Passwords and authentication credentials aren't for managers, they're for technical workers who can actually competently administer the systems they access.

      They don't need to be asked to tell passwords. They need to be asked to provide access to such and such person.

      And if they're leaving: to surrender that access.

      And they need to give a fair amount of time for the person to make sure they are indeed authorized and a proper security procedure is being followed. Otherwise ANYONE could walk up to you in the company, and claim they are authorized to know the password, and authorized to require you to give them access.

      If the company's IT operations were so poorly run as to not have policies already in place to ensure multiple people can access critical systems, then that's not the person's fault.

    17. Re:All admins by vvaduva · · Score: 3, Interesting

      It's called CYA - report it to your direct manager, if you are overridden, have it all in writing for the blame game which is certain to happen later.

    18. Re:All admins by D'Sphitz · · Score: 1

      Surely that is worth a minimum of 15 months in prison...

    19. Re:All admins by Lord+Bitman · · Score: 1

      Now, you may live in an alternate reality where being an asshole is the number one concern in any situation, but here on Earth, liability is not the only issue when a system has the potential to be compromised.

      If my boss asks me to do something which has the potential to destroy the systems I am responsible for, it's not just the ability to run away and shout "not my fault!" in as loud a voice as possible to my next potential employer- see, it turns out I (and most people) like keeping my/their current job.

      Meanwhile, you can see how far "though, it wasn't my fault" gets you in a job interview.

      Meanwhile, this whole line of thought is completely unrelated to the article, which has nothing to do with protecting the security of a system.

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    20. Re:All admins by tibman · · Score: 4, Informative

      I remember it being different than that. He wasn't supposed to tell anyone other than the mayor what the password was. Some new manager showed up one day and said "Hey, what's the password?" He says "I can't tell you." So the new manager called the police. Then as soon as the mayor showed up and asked for the password, Mr Childs told him.

      As far as i remember, there was zero authorized officials at the company to receive the password.

      --
      http://soylentnews.org/~tibman
    21. Re:All admins by D'Sphitz · · Score: 2, Insightful

      without a trial and essentially denied bail, I might add.

    22. Re:All admins by L4t3r4lu5 · · Score: 4, Insightful

      He did just that. The "Authorised official" you refer to was the Mayor, who he dutifuly revealed the password to when asked. Who he didn't reveal the password to was his line manager / supervisor, who he was expressly forbidden from doing so by district policy.

      It's not his fault for knowing the policy better than his own supervisor. He followed it to the letter, but his boss got his knickers in a twist and decided to get him arrested. I hope he's made to choke down that choice with a lovely pink slip in his Christmas stocking.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    23. Re:All admins by Tim+C · · Score: 1

      someone higher ranking than me from our accounting division

      Higher ranking? This isn't the armed forces - they're in a different department, they have no direct control over you. At the very highest levels (e.g. CxO, board of directors, etc) that gets a little fuzzy (as they effectively manage the entire company between them), but it should always be safe to politely tell the person that you'll have to check with your manager first.

    24. Re:All admins by Orgasmatron · · Score: 1

      You consult your organization's written policy. The policy should probably say that you must not reveal them outside of the IT department except by a formal motion by the board (or other ultimate authority).

      What? You don't have a written policy on password control? Did you sleep through the wake up call 18 months ago? In that case, let the trial be a reminder and DO IT NOW.

      --
      See that "Preview" button?
    25. Re:All admins by Anonymous Coward · · Score: 0

      If Windows Domain you DON'T HAVE TO GIVE THE FUCKING PASSWORD.
      You have to add the higher ranking person to the Administrators Group.

      You fucking noob.

    26. Re:All admins by canajin56 · · Score: 5, Informative

      Except he did have a lot to worry about, if you read about it. What happened is he caught a former coworker who got promoted to a different department, without his knowledge. He thought she was fired because she just vanished, and he never saw her again. He catches her searching through peoples desks, and removing hard drives from their computers. She claims he was taking illegal pictures of her and disrupting her "secret audit", which is why she had him arrested and held on a $5 million bond. (The "illegal pictures" he took never surfaced). That's right, he was arrested before being fired, and before refusing to give up the password. The "refused to give up the password" was when she called him in jail and demanded it. Still a woman who, as far as he knows, was fired, not promoted, demands the password over speakerphone in a police station. He says no way. His boss pipes in over the speaker phone and says "Just do whatever she says, or else", and he says no, it's against corporate policy to discuss that sort of thing over speakerphone where anybody can pipe in, but if the boss or the mayor calls in person without speakerphone, he will. They hung up and told the police to process him.

      He never owned these passwords, the hardware, the systems, or the infrastructure he worked on. When the owners asked for the password, he should have noted his concerns, and given them up.

      As far as he knows, an ex-employee was breaking in and snooping though peoples files and desks. And I guess she must be blackmailing his boss, for the boss to be says "do what she says or else". If Childs doesn't own the network, how do you reason this middle management fuck owns it?!!? The OWNERS didn't ask shit. At any rate, for him to have given the password like that violated company policy, which he told them, he told them they had to get it in person, and they REFUSED. He told them he'd tell the Mayor, he told the police, who refused to tell him what he was being held on, that he would tell the Mayor, who as the people's representative, is the owner of the network. At this point, people ran with the fact that he was a corporate spy of some sort, because his CITY OWNED CELL HAD A CAMERA IN IT JUST LIKE ALL CELLS, and also he used a firing range, highly illegal, only outlaws use firearms, remember! He also was looking at storage space, a clear crime. When all he really did was refuse to give a password to a co-worked who was "fired" but actually secretly promoted to conduct "secret audits" by searching desks and desktop HDs at midnight on a Friday night. And, to repeat, he was arrested and charged before he even was asked for the password. AND he was asked for the password in a way that was against corporate policy, and also possibly a felony.

      --
      ASCII stupid question, get a stupid ANSI
    27. Re:All admins by canajin56 · · Score: 1

      He couldn't do that, because he was already in jail before they ever asked. Somebody claiming to be his boss in the background told him to do it, but that's speaker phone, how can he be sure. Remember, the person who called and asked was the same person he thought was fired, and then caught skulking about with pilfered hardware after hours.

      --
      ASCII stupid question, get a stupid ANSI
    28. Re:All admins by Jazz-Masta · · Score: 1

      It doesn't matter since in this case, the people this guy works for asked for the passwords. He is completely free of guilt should they screw things up and no court would hold him responsible for doing exactly what his duties required him to do.

      He never owned these passwords, the hardware, the systems, or the infrastructure he worked on. When the owners asked for the password, he should have noted his concerns, and given them up.

      OK. While I don't agree with what Childs did - or is suspected of doing, I don't believe that "getting things in writing" is going to do any good either.

      I don't know what kind of idealistic companies you work for, but the majority of companies, and small-to-medium ones at that, have no real recourse for bad decision making. Getting something in writing is only useful if you have the money to sue them after they fire you - because they will. And even if you sue, you need a judge and lawyers that understand technology for it to be successful.

      What's that you say? If this is the outcome, perhaps he should have found another job earlier? Yes, sure, of course, whatever makes you feel better. The truth is, when push comes to shove, the Boss will get rid of anyone who can point the finger at him, and this is almost universal across companies.

    29. Re:All admins by canajin56 · · Score: 1

      You have it almost right. The new manager had him arrested FIRST after he confronted her over conducting "secret audits" IE searching peoples desks and filing cabinets, and swapping out their desktop's HDs.

      --
      ASCII stupid question, get a stupid ANSI
    30. Re:All admins by vvaduva · · Score: 1

      I didn't know someone asked him for the passwords over the phone. If that's true, he will never be convicted..there is no way.

      One the other hand, he really should have figured out a way to avoid escalating the situation. If you discover your boss is spying on you, go to the CIO and find out why it's happening.

      I am not here to defend or attack the guy by the way. I am saying how I would have handled the situation.

    31. Re:All admins by Will.Woodhull · · Score: 1

      It doesn't matter since in this case, the people this guy works for asked for the passwords. He is completely free of guilt

      Above is a strongly unprofessional point of view. Literally unprofessional.

      A significant difference between doctors, nurses, architects, civil engineers, lawyers and other recognize professionals and blue collar workers are that the professionals are held to codes of ethics that transcend their responsibilities to their employers. This guy may have been attempting to apply professional ethics in his role as a sys admin, but without the infrastructure of an established profession, that can be very difficult.

      --
      Will
    32. Re:All admins by Coren22 · · Score: 1

      Unless maybe the policy written by the city (not company...) was that he was to deliver the passwords to no one short of the Mayor, which he did at the earliest offered time. Perhaps before trying to lay blame you should first actually read the information on the case? He followed policy and was jailed for it. In fact, on top of that, when he was asked to break company policy, it was in front of a speakerphone with unknown parties. I would myself even request that the speakerphone be disconnected as it is my duty to safeguard those passwords and I would not leave myself open for a lawsuit over the improper release of passwords.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    33. Re:All admins by DJRumpy · · Score: 1

      Except for the whole point that they fired him for refusing to give them the passwords? It's a matter of public record at this point. He could have easily asked for a waiver from them to indicate they understand the risks and it would have been done, in addition to the paper and digital trail where they requested the passwords.

      He also could have raised concerns to H.R. who would have been obligated to note his concerns in his file.

      This guy is an idiot.

    34. Re:All admins by Anonymous Coward · · Score: 0

      He never owned these passwords, the hardware, the systems, or the infrastructure he worked on. When the owners asked for the password, he should have noted his concerns, and given them up.

      Oh, he totally pwned those passwords, the systems, and the infrastructure. Apparently he still does.

    35. Re:All admins by DJRumpy · · Score: 1

      The professional thing to do would be to surrender them as expected. Do you seriously believe that any Admin in ANY job isn't expected to answer to his management (you know, the people who hired him)?

      Are you seriously suggesting it's professional for employees to reject management directives because they 'feel' it's not a good idea?

      Would you hire such a person? I wouldn't. He could have raised objections, and if management decided to go ahead, then it is out of his hands and not his decision.

    36. Re:All admins by MoralHazard · · Score: 1

      While the parent post was modded "insightful", I really can't see why. He asks "How do you determine who it is "Safe" to hand over the passwords to?" as if there was no easy way to answer that question. But that's just silly. There IS an answer to this question. Any technical professional with an ounce of professionalism could tell you the simple version: Do what your superiors tell you. If in doubt, run it up to higher levels of management. If you're overruled, get on the record with a CYA memo. If you cannot in good conscience do as you're ordered, and all else fails, resign gracefully.

      1) Obey company policy, as interpreted in the past by your boss. Whatever company rules or procedures govern the situation, or prior, related "standing orders" from your superiors, are your first guide.

      2) If anybody not your supervisor (like the head of marketing) tells you to violate company policy, ask your direct supervisor for instructions. Your boss will either decide the issue and tell you what to do, or escalate it up to his own management, if necessary.

      3) In any case, if you disagree with your direct supervisor, ask your boss's supervisor for instructions. If he sides with your boss, take it to his boss. Repeat until satisfied.

      You will have to ask yourself, when considering whether to invoke rules 2 and 3, whether you want to suffer the political consequences of questioning those senior to you. Because if it's not really important, you're just a whiner--and you have to be careful, because your own judgement might be blinded by your position in the company. In any case, you should always respectfully and clearly explain your position, and frame your petitions to management as being in the company's best interests.

      It's up to your own conscience whether you want to drop the issue and go along, at any point. If so, it's usually politically best to document your disagreements in a persistent written memo, or electronic document. (Usually, a group emal to the interested parties is enough.) This is usually called a "Cover-Your-Ass" (CYA) memo, and if you respectfully and clearly explain your position, and acknowledge that your management has overridden your judgement, you can't be held responsible if it goes wrong. If your only concern is that you'll be blamed for a screwup that you were ordered into, you should be satisfied, here.

      And if you get as high up in management as you can reach, and you still disagree with the decisions that are coming back down, you have a final option if your conscience absolutely won't let you go along: Resign gracefully, with a lengthy notice and a proper hand-over of your responsibilities, projects, secrets, etc. This is best considered carefully, with consultations from trusted people who can help you see things objectively.

      If you're asked to do anything illegal, the rules do change, a little. You may need to step outside the company and blow the whistle to the proper authorities. But the political consequences to your position will almost certainly be terminal, so again, consider carefully.

    37. Re:All admins by Antique+Geekmeister · · Score: 1

      Oh? So if your commander asks you for the keys to the weapons locker, this completely absolves you of any criminal act he may commit with those weapons because you were "just following orders"? That defense didn't work at Nuremberg, and it doesn't work well in various civil lawsuits where knowledge of the likelihood of a dangerous outcome makes you partly responsible for that outcome.

      I'm not saying that this applies to Terry's case, but that there are cases where you do _not_ simply hand over dangerous tools because somone above you in an org chart asks for them. And such events should have serious fallout: they're a sign of a real breakdown, as was apparent here.

    38. Re:All admins by sjames · · Score: 1

      Actually, the person who asked was by written policy not entitled to know them. He also asked in a conference call with a bunch of other people listening who were not by policy entitled to know them.

      He identified someone who by policy would be entitled to the passwords (the mayor). They went nuts and piled 4 criminal charges on him and locked him up. The mayor visited him in jail and he told the mayor the passwords just as he said he would.

      In an organization where proper security is practiced, password information is compartmentalized and need to know. That means that someone above you on the org chart is NOT necessarily entitled to know them and so to order you to tell them.

    39. Re:All admins by DJRumpy · · Score: 1

      For one, laws under military are different than laws in civil life. In the military, you are required to follow any LAWFUL orders. You can refuse to follow an order you know to be unlawful. If you have no knowledge of that your commanding officer will do with the 'keys', then you are without guilt.

      Since you're referring to military law, no, it doesn't apply in this case.

    40. Re:All admins by arethuza · · Score: 1

      "Are you seriously suggesting it's professional for employees to reject management directives because they 'feel' it's not a good idea?" - that is almost the exact definition of a "real" professional (medic, lawyer, accountant, PE/CEng etc.).

    41. Re:All admins by tomhudson · · Score: 1

      "I was only following orders" - the Nuremburg Defense - is not a valid defense. You don't give the passwords to an incompetent idiot, because the law will still hold you liable for the damage done.

      Let's put it into a slightly different scenario. The boss is visibly drunk, and demands the keys to the company van, which you are in charge of. You give them to him. He plows into someone else, killing them. YOU are liable.

    42. Re:All admins by DJRumpy · · Score: 0, Offtopic

      See this for info on Nuremberg and the "just following orders" defense:

      http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders.htm

    43. Re:All admins by Antique+Geekmeister · · Score: 1

      Thank you for the thoughtful comment. In this case, Childs knew what his managers were going to do with the passwords, and he was apparently understandably frightened of the damage they could wreak. The fact that he gave them _fake_ passwords makes it even more sad and foolish on his part: he should have refused to give passwords, rather than play stupid games.

      But I do believe that you've confirmed my basic point: the idea that just because your boss told you to do something makes it proper or legal is not correct. The order has to be, as you correctly point out, "lawful". The same applies in civilian life, but with far fuzzier standards. Your manager cannot normally have you court martialed, for example, which is apparently a much nastier process than a civil court.

    44. Re:All admins by babblefrog · · Score: 1

      Except he was already in jail when all this happened.

    45. Re:All admins by DJRumpy · · Score: 1

      I don't see that definition anywhere on Websters. I looked for "failed to follow directives or direction" but couldn't find it.

      http://dictionary.reference.com/browse/professional

      Oddly enough, I found your definition under Insubordination:

      insubordination
        - 2 dictionary results
      insubordinate /nsbrdnt/ Show Spelled Pronunciation [in-suh-bawr-dn-it] Show IPA

      –adjective
      1. not submitting to authority; disobedient: an insubordinate soldier.
      2. not lower.
      –noun
      3. a person who is insubordinate.
      Origin:
      1840–50; in- 3 + subordinate

      Related forms:
      insubordinately, adverb
      insubordination, noun

      Synonyms:
      1. refractory, defiant, insolent.

    46. Re:All admins by jc42 · · Score: 1

      Let's put it into a slightly different scenario. The boss is visibly drunk, and demands the keys to the company van, which you are in charge of. You give them to him. He plows into someone else, killing them. YOU are liable.

      Anyone know if this is really true? I'd agree that it should be how the law works. But I've never read of a court decision like that. I'd guess that many judges and juries would agree with the people here who say you should always follow your bosses' orders (although the Nuremberg Trials did say otherwise ;-). A lot of people would just think that you shouldn't risk your job in such cases.

      So do we have any legal precedent for this sort of situation? Did the courts consistently decide one way or the other, or were different cases decided differently?

      Inquisitive (and self-interested) minds want to know ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    47. Re:All admins by networkBoy · · Score: 1

      He has a very clear request from his management that they requested the passwords. What they do with them from that point on is solely their responsibility.

      Sadly this is not the case. If 'they' fscked the routers and dumped the route table, causing a broadcast storm, and thus an outage, just at the time payroll was being processed for example, the admin would be fired for incompetence. Doesn't matter that it's not his fault. That is the reality of the world.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    48. Re:All admins by BobMcD · · Score: 1

      Except when they still ass rape you for killing their system. Yes, this happens. You're the admin, you're responsible! Sucks to be you! Sure, you have some bullshit in writing, but who cares? Go look for another job! Oh, you want to sue us now? Go right ahead, see who has the deeper pockets.

      Either way, you lose.

      Because all the jail time he's done so far is a win? You may have illustrate a lose-lose, but that doesn't mean the most elegant solution has been found.

      When you find you are in a dangerous position and working for an incompetent boss the onus is on you to find a new job. As sad as it may be, there it is. Hostage situations are not an option.

    49. Re:All admins by OldSoldier · · Score: 1

      I don't understand why this sort of thing is in one person's hands in the first place. Granted it's not an admin's sole responsibility to engineer the work environment, but folks, the military has it right here with the double key firing mechanism on nuclear missiles... why aren't there 2 system admins who change passwords simultaneously? One types it in, the other types in the confirmation and then the password is changed?

      Just because the system CAN be administered by a single admin doesn't mean it SHOULD be. Redundancy applies to more than just hardware.

    50. Re:All admins by lgw · · Score: 1

      Are you being deliberately dense? The entire purpose of the PE (Professional Engineer) cert is that you're required to tell your boss to fuck off if he asks you to build an unsafe bridge. A doctor who recklessly endangers a patient because his boss told him to has no defense at all - his obligation to patient care comes first.

      Your boss is just another employee, with no moral authority (outside the military, and even then that authority is limited, or the captain of a ship at sea). Your first obligation is always to do what is morally right, then what is legally right. Your boss is just some guy.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    51. Re:All admins by DJRumpy · · Score: 0, Troll

      Just as they would have to prove that he was indeed the one who 'fsked' the route tables.

    52. Re:All admins by RivieraKid · · Score: 1

      Except when his boss screwed something up using that account, who do you think will take the fall? His boss?

      He's taking the fall anyway, but he did the right thing and will be ultimately vindicated. Oh, and the city will face a hefty legal bill plus compensation. It wouldn't surprise me if he pressed criminal charges over his arrest and detainment.

      When the owners asked for the password, he should have noted his concerns, and given them up.

      Except he was following sensible security precautions and the official policy of the owners of the equipment - they don't have a leg to stand on. They required him to agree to the policy as part of the terms of his employment, and now they're trying to ruin him in criminal court because they wanted to bypass that policy. BZZZZZZT! Wrong answer!

      --
      "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves
    53. Re:All admins by RivieraKid · · Score: 1

      No, he is still responsible because he still has access to the administrative accounts. Now, if the passwords had been changed to prevent access by him, and it was formally noted - that would be better, but he was still obligated by his responsibilities and company policy to not divulge sensitive information to unqualified morons.

      --
      "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves
    54. Re:All admins by RivieraKid · · Score: 1

      At the very least I'd imagine you'd be liable for aiding and abetting.

      --
      "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves
    55. Re:All admins by DJRumpy · · Score: 1

      Now you're equating what he did to saving lives?

      Try reading this. He's not a saint. It's the arrest warrant.

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

    56. Re:All admins by DJRumpy · · Score: 1

      What official policy would that be? He secured the network. He was reassigned to another work group. At that point, he lost all legal claim to any authority over the network in question.

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

    57. Re:All admins by Anonymous Coward · · Score: 0

      Chain of command.

      Is the head of marketing or accounting your boss? If so, you give them the password. If not, you refuse. If they insist then you go to a higher-up. You only give it out when your supervisor asks for it, and it doesn't matter if that person is an idiot.

    58. Re:All admins by Anonymous+Cowpat · · Score: 1

      awkward catch-22. You can refuse to follow an unlawful order, but if you get brought up on charges, you may end up with a judge who will refuse to hear argument on whether the order was lawful or not by labelling it a 'politcal question'

      --
      FGD 135
    59. Re:All admins by DJRumpy · · Score: 0, Troll

      He was charged with not divulging the information to unauthorized individuals. I doubt seriously it mentioned the qualifications or intelligence of who he divulged it to.

    60. Re:All admins by jafiwam · · Score: 1

      No. One way he loses because he did something wrong and criminal.

      The other way he loses because someone ELSE does something wrong and corrupt.

      Which one of these "way you lose" will determine if you are "a good guy" or "a bad guy".

      This is pre-school level ethics here moron. Figure it out already.

    61. Re:All admins by Belial6 · · Score: 1

      Just because something is not an immediate life and death matter, does not mean that doing the right thing isn't still the right thing. The previous poster did include jobs like lawyer after all, and every decision a doctor makes is not life and death. They still have first responsibility to the patient.

    62. Re:All admins by Anonymous Coward · · Score: 0

      You need to add to that that he signs it, you sign it, and you CC it to everyone who claims to be in charge of anything.

      A big spotlight is all that can save you and often it doesn't.

      I had an idiot boss push me out of the way once to bring in some buddy contractors.... all I could do was save everything and warn all the departments to get "off the grid" as fast as they could. Several departments took my advice, a couple didn't. It took him and his buddies less than a month to utterly crash the network and its servers. They tried to claim it was my doing :) ... fortunately, enough of the other execs called "bullshit" on that one.

      They asked me back but by then I was employed elsewhere.

    63. Re:All admins by Anonymous Coward · · Score: 0

      The proper response in that situation is CALL THE FUCKING POLICE.

      This is actually pretty solid proof Childs is a obnoxious, self-important dickbag of the highest order, if he did indeed view this as a break in he's stupid. But, I get the sense a dickbag like this would simply lie about what his motivations were and make up the "breaking in" excuse later.

      The guy is arrogant to the point of stupidity either way you slice it; the break-in story was a lie, or he was jacking with someone he shouldn't have.

    64. Re:All admins by lgw · · Score: 1

      The arrest warrant says he's guilty? You don't say? I hope you're just trolling here, as the alternative is pretty sad.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    65. Re:All admins by Belial6 · · Score: 1

      This is a feature that has been in the much maligned Lotus Notes for over a decade.

    66. Re:All admins by DJRumpy · · Score: 1

      Unlikely. The jugdge would have to fall back on the law as written, or legal precedence if no existing law clearly established right or wrong.

      If you refuse an order in the military you had damn well better be right. If you are wrong, they will rake you over the coals.

      IMO, Childs just handled things badly. He became emotionally involved in 'his' network in some weird way, and refused to give up his imagined ownership of it. I don't consider this professional, I consider it a bad reflection against responsible admins who work in our field.

    67. Re:All admins by jafiwam · · Score: 1

      Was the entire HR department in jail and tied up with no pens or paper at the time as well?

      He had no lawyer who could speak for him? If he didn't he didn't bother to exercise his rights.

      You just want to excuse him and don't give a shit if he was wrong or not.

    68. Re:All admins by newcastlejon · · Score: 1

      What about IT admins who configure systems to use Biometric authentication?

      Then they should know enough to have a fall-back. Full-body cast, getting both one's eyes put out sort of things.

      Do they have to cut off their right hand, if a manager asks them?

      No, your boss has to obey the law despite what they actually want.

      IT admins' user accounts on enterprise systems may use the same password the person uses on personal systems, like their bank account.

      If I found out my admin did this, I'd look for his other gross incompetencies and then sack him on the spot

      What if the hand scanner includes liveness detetion?

      See point 1.

      Passwords and authentication credentials aren't for managers, they're for technical workers who can actually competently administer the systems they access.

      Passwords belong only to the one that thought them up. Anyone who needs access to something has their own password. Admins don't need your password to look through your home folder.

      They don't need to be asked to tell passwords. They need to be asked to provide access to such and such person.

      They need to allow their successor to access the system. Usually by changing the password to something temporary and giving that away

      And if they're leaving: to surrender that access.

      And they need to give a fair amount of time for the person to make sure they are indeed authorized and a proper security procedure is being followed. Otherwise ANYONE could walk up to you in the company, and claim they are authorized to know the password, and authorized to require you to give them access.

      With you so far...

      If the company's IT operations were so poorly run as to not have policies already in place to ensure multiple people can access critical systems, then that's not the person's fault.

      You mean knowingly allowing a crime to be committed? This applies to anyone, but especially people in this guy's position: he was the fucking admin. The guy sounds innocent to me, but not for the reasons you gave.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    69. Re:All admins by DJRumpy · · Score: 1

      That remains to be seen, however, if his only defense is that he felt they weren't qualified, he will lose. Of that I have no doubt. He wasn't contractually obligated to evaluate if someone was qualified to receive the passwords. He was obligated to ensure they were authorized, which being his employers, they were.

    70. Re:All admins by thisnamestoolong · · Score: 1

      Sorry, but you are 100% wrong. From what I hear, his contract stipulated that he only divulge the password to the mayor. It doesn't matter what anyone else says or how much they want to cry about it, if this was the case he was contractually obligated to keep these passwords a secret from everyone save the mayor.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    71. Re:All admins by Anonymous Coward · · Score: 0

      Shameless copy paste b/c its a good article, but link included.

      http://blog.american-helpdesk.com/2009/09/03/terry-childs-political-techie-prisoner.aspx

      Terry Childs, Political Techie Prisoner
      As a techie and having gone to school for broadcasting, I have been particularly interested in the San Francisco Network Engineer who has been in jail for allegedly hacking SanFran's network. From what I have read on the issue, it sounds more like a lack of competent management, following of ITIL rules, idiot reporters, poor HR, political bullying and typical lack of understanding/fear of technology and now a complete disregard of the 6th and 8th Amendments to the Constitution .

      To give a brief history, 14 months ago Terry Childs was the lone CCIE working for the City of San Francisco, one of the largest cities in the country. He administered all of their networks, data and voice. Apparently, as the only CCIE (certified cisco internet engineer) he worked long odd hours and typically was not the friendliest of people but from all accounts, a very, very good CCIE with a security minded implementation of the network. He took pride and ownership of that network (perhaps too much ownership).

      Due to his unfriendly nature (probably due to the fact he had no backup, ITIL process break number one) he was not liked by his non-technical manager. When asked to give access to non-certified and non-technical team members, HR and politicians and police, to "help" he refused as part of the City policy (http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf). He did give them viewer access so they could cause no harm. Apparently, as the only person on-call and qualified to work/fix the network, he had been burned by previously giving passwords to low level techs who decided to play on the network and had to fix network issues in the middle of the night/day.

      There of course was no master password database with the CIO (ITIL process break number two) when the manager fired Mr. Childs. He was hired back after the firing broke union rules. Note: they didn't ask for the passwords before firing. Once back, from all accounts, nothing broke, nothing changed, but he did act more like a jerk. After more time he was fired again following union rules, then was asked for passwords (ITIL practice break number three). Under no obligation to give passwords, as he was no longer gainfully employed by the City of San Francisco, he declined. At this point his saga began as he was promptly arrested for 4 counts of computer hacking.

      Over the next month, the City and its officials put out press releases noting the network was hacked, under attack, they expected retribution from Terry Childs remotely from jail, that he had monitoring devices setup to read their emails, he could take the whole network out at a whim, etc, etc.

      Yet, the network never went down.

      The city did hire in Cisco to try to break into their own network...which they were unsuccessful showing the above noted security conscious and skill as a CCIE he possessed. Yet, the network had no issues. His attorney noted he would give the passwords if he was not prosecuted and the city refused, so he sat on the passwords while the media reported all kinds of crazy unfounded theories that sound scary to the non-technical person.

      The media reported of evil network sniffers, and modems waiting for remote command, and IPs set aside that were the only ones allowed to change the network in the configs, and passwords too complex to guess (oh and he had been arrested 20 years ago for theft). In reality, this is a standard secure network, sniffers are used to monitor traffic to adjust as needed and troubleshoot, remote administration is typically locked down and if you can guess a password...so can a hacker.

      After a month the mayor, Gavin Newsom, met in secret with Terry Childs who gave the passwords up and the

    72. Re:All admins by DJRumpy · · Score: 1

      Link?

    73. Re:All admins by RivieraKid · · Score: 1

      I totally agree, but part of being a professional is conducting yourself ethically at your job. I do not agree that he could ethically divulge critical passwords to personnel he knew to be unqualified to use them, especially when company policy tells him not to.

      --
      "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves
    74. Re:All admins by Zerth · · Score: 1

      Telling a password to your boss, saying a password on the phone, or saying a password in front of a group of people are all fireable offenses, according to city policy.

      He was obligated not to do so.

    75. Re:All admins by baptiste · · Score: 1

      If what is being written about this is true - he had no way to escalate because he was already in jail when they asked for the passwords. Apparently he was arrested when he starting taking pictures of this woman rummaging through desks and computers. He made very clear he would only give the passwords to the Mayor - the ultimate authority over the network (akin to CEO/President of a company).

    76. Re:All admins by tomhudson · · Score: 2, Interesting

      The courts have held people liable for 3rd party actions in MANY cases. For example, you're the host of a party, and you let guests get good and drunk, and you then let them drive anyway. Or you have a hazard in your house, and a crook breaks in and hurts themselves. Or you're sick and tired of someone siphoning your gas, so you put razor blades around the inside of the filler flap. Or you're in the military and you obey an order that is contrary to military law (in which case, unless you frag the person who gave the order, you're up shit creek either way - either you disobeyed an order, or you obeyed an illegal order. Officers who give illegal orders would tend to darwin themselves).

      Same thing applies in business - bars have been held liable for letting customers get too drunk to drive and not stopping them. The code of ethics for various professional bodies acknowledges that their members have a larger duty to society as a whole, and not just their employers, and that when there's a conflict, it has to be resolved in society's favour. An engineer can't just certify a bridge that is marginal because his boss tells him to,or choose to willfully ignore a dangerous defect in an area not under his or her direct purview.

      Similarly, the courts are now starting to apply a standard of care on the general public - failure to act when you could have prevented harm is now punishable in jurisdictions that have passed "good samaritan" laws. With the protection afforded by these laws, you now have no legal excuse not to help someone in danger who is in need of immediate assistance.

      Search for "failure to render assistance" - it's now a crime in many areas. Just look at how many "failure to render assistance" are listed in this 6-week crime stats report from one town in Texas.

    77. Re:All admins by xxuserxx · · Score: 1

      The people who asked for the passwords were not owners they were government employees. He followed the protocol.

    78. Re:All admins by Anonymous Coward · · Score: 0

      Sooo, if I am the admin, I delete stuff... then hand the keys over to you... BOOM! You are now on the hook and I am clear.

      It comes down to whoever deleted it. If you gave the password, and they deleted it, you are part of it. If you didn't know (and can prove) that you didn't know they were doing it, you are probably in the clear on major charges. But it should not be like you describe. That is too simple to game.

    79. Re:All admins by Fulcrum+of+Evil · · Score: 1

      no, he'd still be fired. Sorry skippy, but Terry did the right thing, and they're going for blood as a result.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    80. Re:All admins by minion · · Score: 1

      Except when they still ass rape you for killing their system. Yes, this happens.

      I remember reading "in UNIX, you can kill a parent and its children...", but I think I missed the part about ass rape..... Time for a new career, I think.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    81. Re:All admins by lgw · · Score: 1

      How does a discussion of whether he should have been fired have anything to do with a discussion of whether he should be in jail?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    82. Re:All admins by HeckRuler · · Score: 1

      First off, that scenario was never implied or referenced by parent.
      Secondly, the parent expressly pointed out that "You're the admin, you're responsible!" and that is how your peers and future employers will see it. So no, the idiot is not solely responsible for being handed a loaded gun.

      I'm pretty sure that we have the right to simply quit working. Thankfully, the alternative isn't the case.

    83. Re:All admins by Jah-Wren+Ryel · · Score: 1

      It doesn't matter since in this case, the people this guy works for asked for the passwords.

      Key difference between your version and reality - the people this guy WORKED for. They fired his ass and then came back demanding the passwords.

      He is completely free of guilt should they screw things up and no court would hold him responsible for doing exactly what his duties required him to do.

      Irrelevant. If it has to go to court, he's already screwed.

      --
      When information is power, privacy is freedom.
    84. Re:All admins by HeckRuler · · Score: 1

      A little hard to do that from jail.

    85. Re:All admins by poopdeville · · Score: 1

      It doesn't matter since in this case, the people this guy works for asked for the passwords.

      His boss asked for the passwords. His boss was not entitled to the passwords, under the City of San Francisco's policy. Ergo, Childs did not give his boss the passwords. And was fired. And sent to jail. (This is, of course, after he did give the passwords to somebody he was entitled to -- the MAYOR -- under City of SF policy)

      --
      After all, I am strangely colored.
    86. Re:All admins by Anonymous Coward · · Score: 0

      No, they fired him for refusing to supply the passwords (insubordination).

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

    87. Re:All admins by netruner · · Score: 1

      I don't have a perfect understanding of law, but I thought that police had to charge you with an actual crime to keep you in the cage - not violation of employer's policy - as much as some employers think their word is law, it's just not so. Now, having said that, I have to believe that there is a credible accusation of a crime in order to keep him there - otherwise he's a political prisoner and the city should be under state/federal investigation on civil rights charges.

      If this proves to be as much of a farce as it appears, I hope he bankrupts the city.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    88. Re:All admins by DJRumpy · · Score: 1

      According to the password policy, Childs was already in violation by refusing to place the password in a security administered global password management database.

      From Section 4.1 (general) of the Password Policy:

      "All production system-level passwords must be part of the security administered global password management database.". Security did ask him for these passwords and he refused.

      I see no where in the policy that said it's a violation of policy to give authorized individuals the passwords. Considering that the security manager and the Director of Security asked for the password, I don't see the issue since these are the folks who publish the password policy. The policy itself refers you to Security.

      "If someone demands a password, refer him or her to this document or have him or her call someone in Information Security."

      Link to affidavit:
      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

      Link to security policy:
      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

    89. Re:All admins by Moryath · · Score: 1

      Actually, bars and clubs (you know, places that serve alcohol till the wee hours of the morning) have been successfully sued for allowing drunk patrons to get into their cars and drive, when the patrons then got into wrecks and killed people. In at least a few states, the management is legally obliged to hold you and either call the cops (to pick you up) or a cab (to drive you home) if you insist on trying to drive when you are clearly intoxicated.

      So yes, we have legal precedent. If you give the keys to the company van to your boss, knowing (and validated by other witnesses) that he is way too drunk to be driving, and he then goes out and kills someone, you are indeed guilty under legal term vicarious liability. This is sometimes called a "dram shop law." In many jurisdictions it extends to "letting your buddy drive drunk" as well.

      Similarly, we have an odd case here:

      #1 - He catches someone he believes to have been fired, snooping around and messing with City equipment after-hours.
      #2 - His boss then demands the passwords - on an open speakerphone call into which anyone could be listening, and with the aforementioned snoop (whose clearances are not nearly certain) in on the call. Said boss has been responsible for previous security incidences and is NOT on the approved list to have the aforementioned passwords.
      #3 - The City has a definite policy against revealing security information in insecure manner, and so he responds as he is supposed to within policy that he will give the passwords to the people on the list authorized to have them, when one of them comes to see him in person for the transfer (rather than on an unsecure speakerphone call into which anyone could be listening).
      #4 - 8 days later, the mayor pays him a visit, at which point he cheerily gives over the passwords, as he had promised to do and within the security policy of the City.

      Why is he in jail at this point? Hell, why was he in jail in the first place? Because some trumped-up technophobe at the DA is too close to the pointy-haired boss. No other reason. He did his job within policy, he gave the passwords to someone actually authorized to have them in a secure manner in keeping with policy. Everything else from that point on has been pure vindictive spite.

    90. Re:All admins by AK+Marc · · Score: 1

      Let's put it into a slightly different scenario. The boss is visibly drunk, and demands the keys to the company van, which you are in charge of. You give them to him. He plows into someone else, killing them. YOU are liable.

      And if you don't hand him the keys, he has you arrested for stealing company property, thrown in jail, and you are fired.

      That's what happened to this guy. He was arrested because his boss was rummaging through desks and such and he thought that was suspicious so he took photos. She asked for something she had no right to (it was against policy to give the password to her) and had him arrested for following company policy. The very first time an authorized person asked for the passwords, he gave them. He followed the company policy, and was arrested for it.

    91. Re:All admins by tomhudson · · Score: 1

      Let's put it into a slightly different scenario. The boss is visibly drunk, and demands the keys to the company van, which you are in charge of. You give them to him. He plows into someone else, killing them. YOU are liable.

      And if you don't hand him the keys, he has you arrested for stealing company property, thrown in jail, and you are fired.

      Your statement is so full of crapola it's not a joke. did the doctor smack you on the wrong end when you were born ... because your comment history shows you're brain-damaged in terms of reading comprehension AND logic.

      How has he stolen company property in such a scenario? If it's owned by the company and it stays on company property, it can't be considered stolen in ANY sense of the word. Instead, he's acted in a conservatory manner in preserving company assets.

      The police will never arrest someone for trying to stop a drunk person from driving - you can even use force - just not "unnecessary" force, same as when stopping any other crime.

      BTW - Pics or it didn't happen.

    92. Re:All admins by Thinboy00 · · Score: 1

      Just as they would have to prove that he was indeed the one who 'fsked' the route tables.

      HIs passwords, his account.

      --
      $ make available
    93. Re:All admins by Pichu0102 · · Score: 1

      No, it's more like all of the world, where the person with less clout, power, and money is always at fault, and WILL die.
      This isn't going to change. Just avoid everything.

    94. Re:All admins by KlaymenDK · · Score: 1

      What official policy would that be?

      I can't find it now, but there's a PDF link in one of the posts above that describes official county policy, and apparently states *explicitly* that one of the things you shouldn't do is to give the password to your direct manager.

    95. Re:All admins by AK+Marc · · Score: 1

      How has he stolen company property in such a scenario? If it's owned by the company and it stays on company property, it can't be considered stolen in ANY sense of the word.

      This guy left the routers behind. It's "stolen" in that an authorized user of the van, his boss, was denied use of it. That's stealing in the terms used here for the "he denied them a password so it's theft" crowd.

      The police will never arrest someone for trying to stop a drunk person from driving - you can even use force - just not "unnecessary" force, same as when stopping any other crime.

      Have you read what's going on here? Someone taking things off desks in direct violation of policy was confronted by him, so they fired him. Then, they asserted that the direct violation of policy wasn't an issue because it was an authorized audit (all the authorizations given after the audit happened, but lets not worry about such details). By that vein, he wouldn't have a blood test, and his boss could just assert that he was sober and the person keeping the keys from him was drunk. Go ahead and prove that you wern't drunk 5 days ago. So it's his word against theirs, and the only thing that anyone agrees on is that the boss asked for the van and didn't get it. That's stealing and a violation of policy. Jail for him.

    96. Re:All admins by AK+Marc · · Score: 1

      Do you seriously believe that any Admin in ANY job isn't expected to answer to his management (you know, the people who hired him)?

      If the boss of a civil engineer tells him to build a bridge he thinks isn't safe, do you seriously believe he won't tell his boss to shove it?

    97. Re:All admins by tomhudson · · Score: 1

      Again, my post, and your full-shit reply ...

      Let's put it into a slightly different scenario. The boss is visibly drunk, and demands the keys to the company van, which you are in charge of. You give them to him. He plows into someone else, killing them. YOU are liable.

      And if you don't hand him the keys, he has you arrested for stealing company property, thrown in jail, and you are fired.

      You don't know wtf you're talking about. Really. You don't. Get over it.

      If you're going to troll, try to do it at least half-way decently, instead of these lame-ass efforts you're putting out.

      BTW - it's still Pics or it didn't happen - Peter Watts is a liar.

    98. Re:All admins by shentino · · Score: 1

      When you're employed as IT for the city, the mayor is about as "authorized" as you can get, considering that he's the biggest boss of them all.

    99. Re:All admins by mysidia · · Score: 1

      Then they should know enough to have a fall-back. Full-body cast, getting both one's eyes put out sort of things.

      Just like the fallbacks that were available in this case (reboot the router to ROMMON, perform a password reset), although downtime is involved, recovery can be done. Childs' actions cannot prevent fallbacks from being implemented.

      Yes, they should have a fall-back. However, in many cases that fallback might involve unpleasant things such as rebooting the device, and performing activities equivalent to a password reset. Not all biometric systems have something easily compromised such as a 'password' as fallback. Some may in fact have a token, key, or other device. The IT admin may have forgotten or lost the credentials required to do the fallback auth.

      After being fired, it's not like corporate security will permit him to look for the token to identify and give to management.

      Should it be considered a crime to not have a convenient fallback? Or to have forgotten the 'bypass' password, or lost the token?

      If the company's IT operations were so poorly run as to not have policies already in place to ensure multiple people can access critical systems, then that's not the person's fault.

      You mean knowingly allowing a crime to be committed? This applies to anyone, but especially people in this guy's position: he was the fucking admin. The guy sounds innocent to me, but not for the reasons you gave.

      As far as I know, bad management is not a crime. Many government entities are quite bureaucratic, and not prone to change security policy based on the opinion of one network admin.

      In fact, his own job and reputation might have been in jeopardy, should he have chosen to reveal the passwords to an associate.

      They need to allow their successor to access the system. Usually by changing the password to something temporary and giving that away

      And if they don't? It's some sort of crime?

      And if they're not allowed to touch the system in order to change the password to something temporary?

      IT admins' user accounts on enterprise systems may use the same password the person uses on personal systems, like their bank account. If I found out my admin did this, I'd look for his other gross incompetencies and then sack him on the spot

      I realize some might consider this poor practice. But in fact real people re-use the same password in multiple places. What if his bank account and company account were the only two places he used the password?

      Then IT admin's actually giving himself a very personal reason to want to protect that password especially well.

      Don't use a password to login at company computers that you don't consider secure enough to protect your checking account :)

      Again, should it be considered an actual crime?

      I don't think such professional mistakes should be regarded as criminal.

      A crime of tampering implies action with malicious intent to cause harm, which has not been shown to be evident in this case.

    100. Re:All admins by shentino · · Score: 1

      You don't give him the keys.

      1. The order to give your boss the keys when he is clearly intoxicated is invalid because it is against the law. Driving under the influence is a crime and by handing the keys over you would be guilty of aiding and abetting.

      And criminal statutes regarding drunk driving prevail, no matter what company policy may say.

      2. If your boss decides to fire you over it then you can collect a big fat settlement for wrongful termination.

    101. Re:All admins by shentino · · Score: 1

      If policy forbade him from telling the password to his boss, AND his boss was not allowed to override that policy, then he was obeying policy.

      Sounds like he was caught in a catch 22 and subject to 2 conflicting orders.

    102. Re:All admins by tomhudson · · Score: 1

      Thank you! For once, common sense prevails! (... am I still on slashdot? ... :-)

    103. Re:All admins by yorktown · · Score: 1

      Or you're in the military and you obey an order that is contrary to military law (in which case, unless you frag the person who gave the order, you're up shit creek either way - either you disobeyed an order, or you obeyed an illegal order.

      Nope - you are duty bound to disobey an order which is against military law. If you don't, you can be tried and found guilty of a crime. See U.S. v. Keenan.

    104. Re:All admins by eosp · · Score: 1

      In a case at our local Army post, Lt. Ehren Watada refused to deploy to Iraq, claiming that the war was illegal. (Whether he was correct is not relevant at this point; I'm not talking about that.) In his court martial, he was banned from using any defense on that ground, only being allowed to defend himself on the "I never refused" ground (which was obviously not the case).

    105. Re:All admins by MikeBabcock · · Score: 1

      So you're a pharmacist and you get a clear prescription for narcotics handed to you from a known drug dealer. Do you fill the prescription?

      How people can be so short-sighted as to follow orders even when doing something they know can cause harm is beyond me.

      --
      - Michael T. Babcock (Yes, I blog)
    106. Re:All admins by Anonymous Coward · · Score: 0

      From what I reacall - he was asked by his boss Herb Tang and Herb's boss Richard Robison. Both would be authorized to receive the password - and Terry had no right of refusal.

    107. Re:All admins by Will.Woodhull · · Score: 1

      He wasn't contractually obligated to evaluate if someone was qualified to receive the passwords. He was obligated to ensure they were authorized, which being his employers, they were.

      Above quote shows a continuing confusion between the expectations of white collar workers and professional behavior.

      A white collar worker's primary responsibility is fulfilling their contractual obligations.

      A member of a profession has an overriding responsibility to his professional ethics. While important, his contractual obligations are subservient to the dictates of his professional ethics.

      There is not yet a profession of information technology. There definitely needs to be one since many IT roles now have a major impact on public safety and the common weal. What we've got are a bunch of persons with no effective schooling beyond white collar skills who necessarily go along with a lot of low level unethical crap, and occasionally face an ethical situation that is so egregious they have to attempt to behave in the manner of a licensed professional. Since they have neither the training nor the support that their equivalents in healthcare, law, or civil engineering have, they tend to royally screw it up. That seems to be what has happened in this case.

      We really need to develop an actual IT profession, and assure that only Registered Information Technologists (or whatever your title of choice) can fill certain critical roles. Mechanisms for grandfathering in those who currently hold such positions can be built into the process.

      --
      Will
    108. Re:All admins by DJRumpy · · Score: 1

      I find it odd that folks are making this guy a martyr and gushing about his professionalism, while the warrant shows that he threatened the manager over security to the point where she locked herself in a room and had to wait for him to leave. He was camped by the office front door and wouldn't leave while she was there. When he was arrested, he had $10,000 in cash, and a loaded 9mm gun, as well as various hardware from his office.

      He put all of the city services at risk for his stunt. If they had a failure, the city would have been unable to respond, and some 300 odd city services that rely on the network would have been endangered. He failed to follow proper procedure, he had no DR plans in place. He also accessed city hardware after his termination.

      In the 11 days that he was suspended from July 10th to July 21st, he made no attempts to contact the mayor or anyone else. Apparently he didn't think anyone in the city was qualified to work on 'his' network until they threw him in jail. He cost the city hundreds of thousands of dollars while they tried to regain control of their network.

      To add icing to the cake, they found on his computer, pages and pages of usernames and passwords.

      This guy was not a professional. He was creepy and a little too in love with his 'precious'.

      Why in the world would anyone want this sort of guy representing the face of IT?
      http://weblog.infoworld.com/venezia/childs/tcoppositiontoreduce_bail.pdf

    109. Re:All admins by Will.Woodhull · · Score: 1

      Hope this understandable. Composition has been difficult due to distractions from a flakey wifi connection.

      Unlike some others on this thread, I will leave it to the courts to separate the relevant facts of the case from the productions of the spin doctors. I am not saying that the assertions of parent post are false. I am saying that I am not in a position to make that judgment, but neither is author of parent post. And for my purposes here, the facts in this specific case don't matter.

      What is abundantly clear is that this case revolves around professional behavior as opposed to the expected behavior of mere white collar employees.

      If a Registered Information Technologist license had existed, and if the City of San Francisco had been required to fill this role with an RIT, the RIT would have certainly been required by his profession to assure that the City had an acceptable method of securing the passwords he used. Securing meaning not only protection against theft, but also protection against loss, as might happen if he fell under a bus or something.

      It is quite possible that Childs would never have made it passed the screening process, would never have become a licensed RIT, and would have found satisfactory employment in a white collar job. There will always be plenty of those in information technology. If the City had been required to hire an RIT for this position, and Childs was not an RIT, then we wouldn't have this story. And the world would be a better place.

      This whole situation developed out of unprofessional practices that probably go back more than 15 years. Childs is certainly not blameless in this affair-- if he had behaved professionally from the beginning, the situation could not have developed since the City would have had an alternate way of getting the passwords. Of course he probably would have been fired long ago for being too much of a Boy Scout: employers like maleable employees, and dislike having to deal with professionals.

      I think it is doubtful that Childs can use "professional behavior" as a defense: he, like every other IT worker, is neither licensed nor bonded nor in any other way recognized as a practicing member of a profession. He is a mere white collar worker.

      The point being that mere white collar workers should not be given these kinds of responsibilities. It really is time to make some parts of information technology a professional practice. Like architecture, civil engineering, health care, law, and so on. Microsoft Certifications just are not good enough. Nor are academic degrees. Neither are designed to turn out persons with an internalized sense of professional ethics, nor do they provide the infrastructure that can guide and support the IT practitioner in their handling of day to day issues. Let alone major conflicts between what the employer demands and what is ethically correct.

      --
      Will
    110. Re:All admins by Anonymous Coward · · Score: 0

      Exactly right. If he is going to pull the "I'm a professional and have a higher duty" excuse out of his ass, he should rightly be held to those standards across the board. If such a higher duty to The Network or to the people of SanFran exists, he never would have built a network that has a single point of administrative failure (IE, himself). Or a network that had equipment inside file cabinets in his cube.

      He never would have implemented the router self-destruct mechanism without some kind of documentation or backup or something. (What I suspect is that he simply failed to save his changes to the flash out of laziness, or out of a passive-aggressive Nick Burns style need to be important. You know, the people who implement things in oddball ways so they have to be called when it goes tits up, and then get to play martyr/savior.)

      If dial-in modem access was necessary for fail-safe types of reasons, someone else should have known about it. Hell, if the network was so important, everyone important would have known about it. You know, because they are the ones who would actually be affected by an outage and would actually need to have a way into the network. But again, if he did his job right, there probably would never be an outage that couldn't wait until regular work hours.

      It doesn't matter whether he is right or wrong about giving the passwords to the unwashed incompetents. Or whether he was tight or wrong about the password policy of giving them only to the mayor. If he was *actually* as gifted and professional as he fancied himself to be, none of this ever would have happened.

    111. Re:All admins by Tuoqui · · Score: 1

      Not exactly, since the new person would be able to see that you deleted all this crap. Things up until the transfer are the responsibility of the person who did it. If they get the keys handed over to them then delete stuff it's all their fault what happens at that point. He's also responsible for everything the admin before him was too.

      If I was setting it up I'd make it require a formal letter. Signed and Dated with 2 copies. Original to HR, Copy to Me, Copy to boss who made the request. Since usually turning over the keys is something done before being fired. You don't want to be on the hook for your boss's incompetence.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  3. Why is this guy being treated as a Martyr to IT? by Puls4r · · Score: 0, Flamebait

    This guy denied access to the owners of that network. Just because there isn't a law to fit the crime doesn't mean he is innocent of wrong doing. Hell, it's not a stretch to say that for a time, before they recovered it, he had stolen the entire network from them.

    Take your word smithing and semantics and stick 'em where the sun don't shine. What he did was wrong for it, and he needs to be punished.

  4. Frankenstein Offense? by zmnatz · · Score: 4, Funny

    Then will Mr. Childs employ the Chewbacca Defense?

    1. Re:Frankenstein Offense? by Gravitron+5000 · · Score: 1

      I can see the rebuttal now...

      Chewbacca is also different, ergo must also be killed. The Ewoks are especially different and extra attention must be paid to their destruction.

    2. Re:Frankenstein Offense? by ekimminau · · Score: 1

      I can see the rebuttal now...

      Chewbacca is also different, ergo must also be killed. The Ewoks are especially different and extra attention must be paid to their destruction.

      Ahhh... but this comes back to bite the Empire. There are always ONLY TWO Sith Lords. They come in pairs. Ergo, they are different from all but one other. And must be destroyed.

      He should therefore use the "Luke and/or Leia defense" which is that they were preventing their father from destroying the universe.

      --
      Armaments, 2-9-21 And Saint Attila raised the hand grenade up on high, saying, 'O Lord, bless this Thy hand grenade' N
    3. Re:Frankenstein Offense? by BobMcD · · Score: 1

      In a fight between Frankenstien and Chewbacca, I've got to go with the undead dude. Claws or no claws, Frank packs a mighty whallop and can take quite a beating. Plus I kind of doubt that Chewy is clever enough to think of the whole 'fire' weakness.

    4. Re:Frankenstein Offense? by steelfood · · Score: 1

      He'll use the "Think of the Childs" meme, and the jury will fall into line behind him immediately. We all know that once somebody pulls that out, they suddenly encounter no resistance.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    5. Re:Frankenstein Offense? by Culture20 · · Score: 1

      In a fight between Frankenstien and Chewbacca, I've got to go with the undead dude. Claws or no claws, Frank packs a mighty whallop and can take quite a beating. Plus I kind of doubt that Chewy is clever enough to think of the whole 'fire' weakness.

      Fire? Chewie would just rip the monster's arms off. They're just stitched on anyway.

  5. Arrogant administrators by Anonymous Coward · · Score: 0

    I don't think that charges should have been filed... but system administrators have to understand that all of their access is subject to being reviewed by managment. Sadly, I have worked with a number of administrators who hide their own incompentance behind the need for security.

  6. Re:Why is this guy being treated as a Martyr to IT by bsDaemon · · Score: 1

    I think he's only being treated as a martyr to it by people who never got rid of their "Free Kevin" tshirts. While I may envy his committment to BOFHism, he really didn't have a right to do what he did and treating him like some sort of hero is just asinine and, much like Christmas, something I wish would just be overwith already.

  7. How so "stolen"? by khasim · · Score: 1

    The equipment was still in the same place it was before. The software was the same as before. The service was the same as before.

    So how did he steal anything?

    1. Re:How so "stolen"? by Anonymous Coward · · Score: 1, Insightful

      If you hire the man to take care of your house, and when you ask for the keys back he refuses to give them (or even a copy of them, in this case) to you... well the house is still in the same place. The furnishings are still the same as before.

      But you don't have access to your property. Someone denying you access to property that is lawfully yours by denying you the means to entry which you lawfully own... That may not be theft, but it's pretty damn close.

    2. Re:How so "stolen"? by Anonymous Coward · · Score: 0

      He stole company resources, time isn't free, consultants aren't free, vendor recovery isn't free. His actions have cost the tax payer a bloody fortune.

      Don't believe his lame excuse, he believed his was indispensable and was on a power trip. Had he had a recovering plan in place for something happening to him, maybe he'd be believable, but he didn't. Just another littler person thinking they're above everyone else. But because his job has some "admin", dweebs rally round him like he's their god.

    3. Re:How so "stolen"? by Anonymous Coward · · Score: 0

      He prevented others from accessing their property.

    4. Re:How so "stolen"? by daid303 · · Score: 1

      I have a copy of the keys to your home.
      None of your keys are gone. All your stuff is still in your home. All your food is in your fridge. And your bed still smells the same. I only came in and watched a bit of TV. You didn't even know till I told you.
      So I did nothing wrong?

      Or how about this one:

      I have your bank codes, which I changed so you cannot access your money.
      Your money is still there. The amount of money is still the same. Your money is still serving the bank.
      So I didn't steal anything?

    5. Re:How so "stolen"? by jcr · · Score: 0, Redundant

      So how did he steal anything?

      If I lock up your house and prevent you from entering it, I've deprived you of the use of your property.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:How so "stolen"? by WolfWalker545 · · Score: 2, Insightful

      Denial of access to their property. As a system administrator, I don't own the hardware I administer. Heck, I do it on contract right now. If the client wants something stupid done, I put my concerns in writing, if they still insist on doing it their way, I do it. If I think they're idiots and I keep having additional grief trying to fix their frequent mistakes, I find someone else to work for.

    7. Re:How so "stolen"? by Tlosk · · Score: 1

      An even better analogy might be if I get drunk and I start looking like I'm going to drunk-dial my boss and my friend takes my phone away from me until I sober up, should my friend be charged with a crime? Should I be mad at him or grateful?

      The 18 months it has taken just to get to this point and the 5 million bail is just ridiculous. It can certainly be argued on both sides which was the better judgment call for Terry to make, but this level of persecution for what he did is just piss and vinegar by people who have the power to do so and isn't justifiable in any rational way.

      Especially when you consider that Terry didn't stand to benefit in any way personally from the decision he made, only the network stood to benefit by being shielded from harm.

    8. Re:How so "stolen"? by 91degrees · · Score: 1

      hrm...

      Are you suggesting that the managers are drunk?

    9. Re:How so "stolen"? by JustOK · · Score: 1

      It's more like the owner asking for the keys to the cold-fusion warop/bagel generator that powers his home systems. You know as soon as he goes into the room, bad things are going to happen. You're saving lives by not giving him access.

      --
      rewriting history since 2109
    10. Re:How so "stolen"? by mikael_j · · Score: 1

      How about you tell me "watch my house and make sure nothing gets stolen, here are the keys" and two days later you show up, so drunk you can barely stand and demand I give you the keys "'cosh ah wanna getsh the cousch an' star' a fire!", would you consider it to be the right thing for me to do to just give you the keys and say "sure, have fun, there's a bottle of lighter fluid under the sink"?

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    11. Re:How so "stolen"? by deniable · · Score: 1

      What if your neighbor asks for the keys? Should he hand them over or face jail?

    12. Re:How so "stolen"? by Anonymous Coward · · Score: 4, Insightful

      Nah, more like the chauffeur refusing to give the keys of the Rolls to the empty headed daughter. He did hand them over to dad.
      Heh, that's nearly a car analogy.

    13. Re:How so "stolen"? by Tlosk · · Score: 1

      I'm suggesting that a political appointee asking for the passwords to a multi-million population city's highly complex network for no other reason than because he thinks he is entitled to have them (no actual, purposeful reason) is either drunk or stupid, and most likely both, lol.

    14. Re:How so "stolen"? by bsane · · Score: 1

      He stole company resources, time isn't free, consultants aren't free, vendor recovery isn't free. His actions have cost the tax payer a bloody fortune.

      So every action I take that costs my company to spend money is theft? Including quitting my job, which would cause them to hire consultants and eventually replacements?

      Thats an interesting world you live in- luckily its currently just a sick fantasy.

    15. Re:How so "stolen"? by KC7JHO · · Score: 3, Insightful

      Actually that would be after he found a girl, who he had originally thought was a cleaning lady that was fired 3 weeks earlier, under the hood with a wrench and a hammer, and upon confrontation she had him arrested and held without bail or telling him what the charges were. Then her and the Gardner were demanding he throw the keys out the jail window into the crowded street.

    16. Re:How so "stolen"? by sjames · · Score: 1

      More like I hire the man to take care of the house and the gardener demands a copy for himself. He says he will only hand the keys over to ME because that's what's in the contract he and I signed.

      So the gardener calls the cops, and being the id10ts that they are, they arrest him.

    17. Re:How so "stolen"? by lobsterGun · · Score: 1

      Isn't it more like....

      Bob: "Hi, I'm Bob! I work for the Owner. I'd like to hire you to take care of the Owner's house. Here are the keys. These keys are VERY important. Besides the owner, you are the only one allowed to have the keys. This is Helen. She works for you, but isn't allowed to have the keys"

      Housesitter: "Cool! sounds like a great job!"

      Years later...

      Helen: "Give me the keys"

      Housesitter: "Do you even work here any more? You haven't shown up for work in months. And why are you going through all the Owners closets?"

      Helen: "Help! Police!"

      Housesitter: "WTF?"

      Police: "You're under arrest! Give Helen the keys."

      Housesitter: "I can't. Bob told me that I can only give the keys to the Owner"

      Bob: "Give the keys to Helen"

      Housesitter: "I can't. You told me that I can only give the keys to the Owner."

      The Owner: "Give me the keys"

      Housesitter: "Ok, here you go! Can I leave now?"

      Police: "Back to jail, Criminal!"

    18. Re:How so "stolen"? by Anonymous Coward · · Score: 0

      If you hire a man to take care of your house, TELL HIM WHO HE MAY GIVE THE KEYS TO, and when some RANDOM THIRD PARTY asks for the keys back he refuses to give them over...

      He's doing his fucking job.

    19. Re:How so "stolen"? by Anonymous Coward · · Score: 0

      I'll bet this scenario has happened in some way (good example). What if the sitter loses them accidentally? Who's fault is it then? His negligence (depending on how the keys were lost) has denied you entry. Minus the keys, it can't be theft.

      The city should have had better protocols in place to handle this. It just makes sense. People quit, die, end up in comas, etc. If I give MY ONLY KEY over to you, I'd think I have some blame as well.

    20. Re:How so "stolen"? by 91degrees · · Score: 1

      And that's where the "better" analogy fails. If you were to take my cellphone away because I was drunk, I'd be grateful when sober even though you had technically stolen from me. If you were to take it away because I was stupid, that's theft, because you are in no position to make the decision for me.

  8. Of course we all know RMS's stance on this: by Anonymous Coward · · Score: 0

    "Down with security!"

  9. Has rule of law always been a farce? by Anonymous Coward · · Score: 0

    'just how ridiculous the whole scenario is but is too far down the line to pull back the reins and is continuing with the prosecution just to save face,'

    How common a scenario!

  10. this is why governments are outsourcing by alen · · Score: 2, Insightful

    between this genius who thought everything belonged to him and people like I met in my 1 year of working as a consultant for a government agency it's not wonder government is outsourcing. i met this one admin years ago who refused to let his NT domain be part of the larger NT network and it caused all kinds of permissions issues. funny thing was that because of the union rules they couldn't make him do it. and the only reason he refused to let his NT domain work with the others in the organization is because he wanted his own private island to manage that the other admins above him couldn't touch.

    so now i get daily emails about how LA and other local governments are going with Google Apps and Gmail. I bet a lot of it has to do with the fact that they can let their unionized admins rot in a hole doing nothing while progress happens

    1. Re:this is why governments are outsourcing by Anonymous Coward · · Score: 1, Insightful

      Is it really that hard to hold the SHIFT key on the beginning of a sentence or when typing "I"?

    2. Re:this is why governments are outsourcing by Anonymous Coward · · Score: 0

      keep your subtle anti-union propagandist crap out of it.

    3. Re:this is why governments are outsourcing by Anonymous Coward · · Score: 0

      Have you even READ this story? In a nutshell, the fellow was authorized to surrender the passwords only to the mayor, he was asked for the passwords by one of his superiors (not the mayor), he refused, and was then fired.

  11. Re:Why is this guy being treated as a Martyr to IT by Anonymous Coward · · Score: 4, Insightful

    The owners of the network are the public. An employee should act in the best interests of the employer at all times -- even if doing so conflicts with the views of immediate superiors.

  12. Re:Why is this guy being treated as a Martyr to IT by sheehaje · · Score: 1

    I agree. What he did is akin to theft of service. I am entrusted with not only network security, but also allowing reasonable access to network resources. The point of having a network isn't to keep people out of it, but to let the proper people use it.

    With that said, I think the $5million bail is way off base. It's excessive to the point that it is used to keep the defended incarcerated. That is not the point of bail. Bail should be set as a deterrent to flee before a trial is finished, not to keep someone indefinitely in a cell.

  13. Use the backups by ActiveMan · · Score: 0

    Why they don't just restore the system from a backup in which the rest of passwords were not locked? Probably no too much information will be loosed in this case.

    1. Re:Use the backups by alen · · Score: 1

      he was a network admin and the passwords were for switches and routers. sure you can reinstall the Cisco IOS, but then you have to set up the VLAN's, BGP and other crap that will result in massive downtime for things like traffic lights and mass transit which is networked these days.

      one time our network guys screwed up spanning tree and it took 30 minutes to rebuild it from scratch. meanwhile no one had any kind of network access

    2. Re:Use the backups by DarthBart · · Score: 1

      Reset the router, change the configuration register to ignore boot up config, go to enable mode, load the config from NVRAM, set a new enable password, "wr mem", change configuration register, reload. 10 minutes, tops. There's no "reloading" of IOS needed.

    3. Re:Use the backups by ActiveMan · · Score: 1

      Ok, this is also your (or Cisco) fault. Every system with important data must support backups and be in the organization's systems administration policy. Otherwise, what happens is something in this system go wrong?

    4. Re:Use the backups by PitaBred · · Score: 1

      "lost". Loosed is a word meaning letting something loose. Lost is the past-tense of lose.

    5. Re:Use the backups by vlm · · Score: 1

      he was a network admin and the passwords were for switches and routers. sure you can reinstall the Cisco IOS, but then you have to set up the VLAN's, BGP and other crap that will result in massive downtime for things like traffic lights and mass transit which is networked these days.

      No problem, log into the web based change management system (probably RANCID) cut and paste the most recent config into a spare switch/router/whatever (inserting your own password of course), then forklift upgrade, downtime a minute tops. Then wipe the old device and swap it into the next unlocked device. No need to "break into" a device like this unless you actually need to change something, or an old device breaks and needs replacement.

      What, you say they have no backups, no change management system?

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    6. Re:Use the backups by Atomm · · Score: 1

      The problem with your suggestion is he didn't keep the config saved to NVRAM. If you reload the router, the config was wiped because it was only running in memory. Again, standard DoD Security Practice.

  14. Network Design? by DarthBart · · Score: 4, Insightful

    Why was the network designed so that one single account (or password) held the keys the kingdom? That's just stupid.

    "Administrator" groups for Windows machines
    Multiple root SSH keys and/or Kerberos logins for Unix boxen
    TACACS user-based authentication for routers.

    If the dude just left and said "I'm done with you folks, no I'm not handing over my passwords", then fine...go into the user admin system, nuke his passwords and get on with your life.

    If the dude deliberately went in and reset passwords and changed network access before walking and then tried to blackmail the city, then that's sabotage/blackmail/downright illegal and should be punished.

    If the dude walked out without giving passwords to anyone and the system was poorly designed so that admin passwords had to be forcefully recovered via single user mode or the like, then the city should just eat crow, lick their wounds, and install a real network AAA system.

    What would have happened if the dude had been run over by a beer truck on the way to work? Would the city have been screwed as well?

    Dude.

    1. Re:Network Design? by IndustrialComplex · · Score: 1

      Why was the network designed so that one single account (or password) held the keys the kingdom? That's just stupid.

      "Administrator" groups for Windows machines
      Multiple root SSH keys and/or Kerberos logins for Unix boxen
      TACACS user-based authentication for routers.

      Probably because the guy they hired to avoid problems like this, created the problem. There is always a way that someone can ruin your day. You can't always avoid placing a lot of trust into the hands of a few or even one individual.

      Ever fly on an airplane? That's an awful lot of trust that you just put into the pilot.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    2. Re:Network Design? by Anonymous Coward · · Score: 0

      The answer is much simpler: There was no other admin who could have been given equal control over the system. The only people who could have been given access were not involved with the design or maintenance of the system.

    3. Re:Network Design? by kalirion · · Score: 1

      Ever fly on an airplane? That's an awful lot of trust that you just put into the pilot.

      That's true. What do you do when the pilot and the copilot of your plane get run over by a truck at 40,000'? WHAT DO YOU DO?????

    4. Re:Network Design? by IndustrialComplex · · Score: 1

      That's true. What do you do when the pilot and the copilot of your plane get run over by a truck at 40,000'? WHAT DO YOU DO?????

      Shoot the hostage.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    5. Re:Network Design? by Yert · · Score: 1

      Shoot the pilot and the driver of the beer truck, then push the button labeled "autopilot". Those things will land themselves these days.

      --
      Truck driver, plumber, Linux systems engineer.
    6. Re:Network Design? by K2tech · · Score: 1

      I agree with you Darth. After almost 20 years in IT I have come across too many companies with strange policies, but I have come across even more paranoid fiefdom builders. These freakazoids act as if they are the sole protector of the entire planet. i often joke that these guys wrap their head in aluminum foil at night to prevent the aliens and/or CIA from trying to program their brain via satellite. You go into a meeting with people like this and they glare at you as if to say "I know you are here to destroy MY NETWORK". I just want to reach across the table and B!TCH slap them. In the end people such as this are only protecting the fact that they don't know as much as they would like you to believe and are afraid you'll find out. All ego and emotion, no true skill. Even if the city has weird policies, nothing justifies one person from locking everyone else out. It just doesn't make sense and even after this, no one with any sense will hire this guy to do anything greater than tune floppy dirves.

    7. Re:Network Design? by Cybershark302 · · Score: 1

      If the dude walked out without giving passwords to anyone and the system was poorly designed so that admin passwords had to be forcefully recovered via single user mode or the like, then the city should just eat crow, lick their wounds, and install a real network AAA system.

      except that all the startup configs had been erased. any reboot of the routers would have caused them to bounce to factory defaults. They were set up this way specifically to prevent a password recovery attempt...

    8. Re:Network Design? by _nderscore · · Score: 1

      Exactly! Some managerial responsibility is in order. It's complete IDIOCY to not have a well-defined password management system in place & even more stupid to not have a series of contingencies in order. After all, THIS IS A FUCKING CIVIC INFRASTRUCTURE WE ARE TALKING ABOUT! For his part, Childs should not have even wanted to be the sole keeper of the passwords, although brilliant for job security, I guess. The fact that there was no oversight (i.e. no one smart enough to know what the fuck was going on) is just plain scary. Even scarier is that the guy has wasted part of his life in prison for it. seriously-wtf?!

    9. Re:Network Design? by twebb72 · · Score: 1

      Thats the funniest response I've ever read. Ahh Keanu

    10. Re:Network Design? by DarthBart · · Score: 1

      Well, that's just fracking stupid. No, wait...that's FUCKING stupid.

      Power hiccup? oops, your BFR-12000 just became a toaster.
      IOS glitch/cosmic ray SEU? oops, your BFR-12000 just became a toaster.
      Someone just pushed the BRB (big red button) in your data center? oops, toaster.

  15. Re:Why is this guy being treated as a Martyr to IT by NitroWolf · · Score: 5, Insightful

    This guy denied access to the owners of that network. Just because there isn't a law to fit the crime doesn't mean he is innocent of wrong doing. Hell, it's not a stretch to say that for a time, before they recovered it, he had stolen the entire network from them.

    Take your word smithing and semantics and stick 'em where the sun don't shine. What he did was wrong for it, and he needs to be punished.

    What do you mean "Just because there isn't a law to fit the crime doesn't mean he is innocent of wrong doing." That's exactly what it means. If there's no law to fit his "crime," then by definition there is no crime committed. Perhaps he's guilty of being an asshat, but doesn't mean he's criminally liable according to your definition.

    It's quite a stretch to say he had stolen the entire network. In fact, it's absolutely false. They could have done a hard admin reset on the routers and affected systems and been back in complete control of them. They chose not to, for various legitimate reasons, but the network remained in the possession of the legitimate owners.

    You complain about word smithing and semantics yet that's exactly what you are doing. What he did may be wrong, but the question as to whether any laws were broken is far from a given. To punish him for breaking no laws would be absurd and your assertion that he should is equally absurd.

  16. He was in a catch 22 by onyxruby · · Score: 5, Informative

    I was initially very skeptical of Childs until additional information came out about the case that changed the story notably.

    Their policy prohibited Childs from simply handing passwords over to his boss, when asked by the mayor he handed them over as requested. I think the bigger issue is one of policy on security and a lack of industry best practices by the city. What holds the greater weight, policy or your bosses request? Depending on where you work, handing over your passwords to anyone can readily be a criminal infraction. At a minimum they could have asked Childs to create an additional account with full administrative access and that account could then have been used to disable Childs account.

    I know at my employer I am not allowed to share my passwords with anyone, including my supervisor. I have an official backup with equivalent access to myself and my refusal to hand over passwords would not prevent anyone else from taking over for me. If my employer wanted they could simply reset my password and gain access to my account. The issue in San Francisco is there wasn't anyone else who had equivalent access to begin with. Their network was complex and the city had cut to the bone on staffing ahead of time.

    Lessons can be learned from this from a management standpoint, the city took an antagonistic approach and did not update their policy and instead asked Childs to break it. Their security personal should have known industry best practices and instead asked Childs to violate them and hand over his password. Ultimately the case showed incompetence in city management and embarrassed them, and that's the only reason I can think of the city pressed the case.

    1. Re:He was in a catch 22 by eosp · · Score: 3, Informative

      And the original request was done over a teleconference. Bad idea. Of course, all of the passwords then found themselves in a public court document. Oops.

    2. Re:He was in a catch 22 by canajin56 · · Score: 1

      The bigger question is, what exactly was he arrested for? Because they reqested the password of him via teleconference, as you said, but his side of the conference was inside a police interrogation room. He was already under arrest for something before they ever asked for the password. He made a fatal mistake that's cost him EVERYTHING, and that was following company policy. Always do whatever your boss says, especially if your boss had you arrested and all your possessions seized before he asked! The guy is an idiot.

      --
      ASCII stupid question, get a stupid ANSI
    3. Re:He was in a catch 22 by tinkerghost · · Score: 1

      The original teleconference was in the city management office, not in jail.

    4. Re:He was in a catch 22 by sjames · · Score: 3, Insightful

      Of course, all of the passwords then found themselves in a public court document. Oops.

      And so his point about security being mis-handled by others was proven true. The moment they got the passwords, they told the entire world what they were.

  17. Wouldn't have waterboarding been better for all? by tjstork · · Score: 1

    If they would have just threatened to waterboard the guy, and let him walk after he gave up the passwords, there would have been no harm, no foul, and no need to waste the taxpayers money putting a frazzled worker in jail.

    We're all getting frazzled these days, and maybe we need to realize that, take a deep breath, and stop tossing everyone in jail and tearing people down left and right in all arenas, and try and claw our way back to being a civilized people.

    Right now, I think we are all acting like animals.

    --
    This is my sig.
  18. The law is an ass. by TapeCutter · · Score: 2, Insightful

    This guy decided to be ass and he's finding out the hard way that law is a bigger ass.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  19. Fired him first? by Mathinker · · Score: 5, Insightful

    > the people this guy works for asked for the passwords

    My impression was, that in a nice show of cluelessness, they decided to fire this guy first, and then ask him for the passwords which they didn't have (i.e., they didn't have any plan of action if he got run over by a bus or otherwise dropped dead).

    1. Re:Fired him first? by DJRumpy · · Score: 1, Insightful

      Irrelevant. He is still obligated to supply the passwords as they are not his property. When you are fired from work, you can't simply raid your cubicle and take everything in it. The same applies to any company property.

    2. Re:Fired him first? by PopeRatzo · · Score: 4, Funny

      When you are fired from work, you can't simply raid your cubicle and take everything in it.

      The sweet Humanscale Freedom High-back chair in plum vellum with the graphite frame in which I am now sitting begs to differ.

      --
      You are welcome on my lawn.
    3. Re:Fired him first? by edittard · · Score: 1

      His obligations to them ended as soon as they fired him. He's under no obligation to work for free. As to the stealing things analogy, the network is still there, isn't it?

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    4. Re:Fired him first? by GaryOlson · · Score: 4, Insightful

      No, not irrelevant. Termination of employment means a termination of responsibilities in both directions:
      the employer does not provide any services to you; and, you are not obligated to provide any services to the ex-employer. Those passwords are not the property of the employer; but merely a method for controlling the assets of the employer. The failure of the employer to implement methods to regain control of their assets is not the ex-employees problem.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    5. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      He didn't steal the network. He stole the passwords. Passwords are not an obligation. They are company property. He still has to leave everything company owned behind, unless you can point out the relevant law that says otherwise?

    6. Re:Fired him first? by lannocc · · Score: 1

      My impression was, that in a nice show of cluelessness, they decided to fire this guy first, and then ask him for the passwords which they didn't have (i.e., they didn't have any plan of action if he got run over by a bus or otherwise dropped dead).

      I think this is ultimately where the case might hinge, and if it's true that they fired him first then in my opinion (I'm not a legal professional) he might have a chance of winning. On one hand, say you are fired and your employer later discovers you took something of theirs with you, well you would obviously be charged with theft. But in this case we are dealing with information, in the guy's head, not physical property. At what point does information become property? What if he had something illegal hidden on the system, and his right against self-incrimination? Lot's of questions here, a fascinating case.

    7. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      Two words. Intellectual Property.

      Intellectual property (IP) is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

      When he was fired, and refused to give up the passwords, it became stealing.

    8. Re:Fired him first? by Retric · · Score: 1

      Information is not physical property. Otherwise you could call up an old sys admin 5 years from now and ask him how he solved a problem. It's information he gained on the job, and he still has it so clearly he needs to go to jail if he does not tell you how to fix the problem.

    9. Re:Fired him first? by corbettw · · Score: 1

      The guy was arrested for following your advice. It would seem the prudent thing to do, if you find yourself in a similar situation, would be to turn over the damn passwords.

      --
      God invented whiskey so the Irish would not rule the world.
    10. Re:Fired him first? by DJRumpy · · Score: 1

      No, it's Intellectual Property, but property all the same.

    11. Re:Fired him first? by VenomPhallus · · Score: 1

      You have no obligations to your former employer from the moment you're fired? Really? So if I have a company car and laptop, and get fired I can then turn around and say "ha, I get to keep the car and laptop!"? I think not.

      Your construction of what "stealing things" entails is woefully narrow. It doesn't just mean removal of physical items, but enjoyment/use thereof. If I steal & change your PIN, you still have your card and bank account. But they're not much use to you, are they? But as far as you're concerned, you've no legal comeback on that because it's all still there.

    12. Re:Fired him first? by LordAndrewSama · · Score: 1

      if they fired him first, wouldn't he have no obligation to even speak to them, let alone give them passwords? Sure, it's "their" property, but if they misplaced it prior to him being fired, so what?

    13. Re:Fired him first? by bsane · · Score: 1

      So you can call up an employee from 5 years ago and demand the solution to a problem? The solution is IP that he gained while working for you, so its yours, right?

      I'm sure L Bob Rife will be along shortly with a solution.

    14. Re:Fired him first? by Spazztastic · · Score: 4, Funny

      When you are fired from work, you can't simply raid your cubicle and take everything in it.

      The sweet Humanscale Freedom High-back chair in plum vellum with the graphite frame in which I am now sitting begs to differ.

      You bastard! I replaced you and now I'm sitting on a milk crate!

      --
      Posts not to be taken literally. Almost everything is sarcasm.
    15. Re:Fired him first? by Anonymous Coward · · Score: 0

      If the company he worked for was aware of the solution already, why would they call him up to demand it? They would also need to prove that he gained such knowledge on the job. If his solution was a result of industry standard training, then it could not be considered a trade secret.

      You trolling this badly on purpose? Your theory that a company would waste legal money and time to do such a thing is purposely obtuse with the intent to troll.

    16. Re:Fired him first? by multisync · · Score: 3, Insightful

      He didn't steal the network. He stole the passwords.

      He didn't "steal" the passwords. He knew them because it was his job to know them. He can't simply "unknow" them once he is fired. Nothing was "taken" from them, their passwords are still there, happily guarding the system against unauthorized access.

      As far as being obliged to divulge this information to his former employers, I see no reason he should do so. He is no longer their employee, so they can not compel him to tell them anything. They might have thought to make sure they were in a position to replace him before they fired him.

      The only way I see him being liable for anything is if he accessed their systems after leaving their employment. If he didn't, I'd say the city can get stuffed.

      --
      I don't care why you're posting AC
    17. Re:Fired him first? by Anonymous Coward · · Score: 0

      Fuck you're stupid. The only part of IP law this would come under is copyright, and that just gives a person or company rights over the production of copies. It doesn't entitle them to force other people to make copies on their behalf.

    18. Re:Fired him first? by kalirion · · Score: 1

      Did you take the computer with all the sensitive info too?

    19. Re:Fired him first? by canajin56 · · Score: 2, Informative

      Actually, they had him arrested first, fired second, and somebody who wasn't his boss, and as far as he knew, was an ex-employee, asked for the password over speakerphone THIRD. All this because he caught this ex-employee (who apparently was secretly promoted to the secret police to conduct "secret audits" at midnight on Fridays by snooping through desks and stealing hardware), and told his boss about it.

      --
      ASCII stupid question, get a stupid ANSI
    20. Re:Fired him first? by Anonymous Coward · · Score: 1, Funny

      There are two kinds of IP. Only one is related to copyright.

      There are TWO fields to IP. Copyright which you appear to be able to spell correctly, and Industrial Property.

      Try not to embarrass yourself next time?

    21. Re:Fired him first? by BLKMGK · · Score: 1

      And if they take those passwords with his name on them and screw things up? Blaming him? Then what? Sorry, they should have had a plan in place. If he sabotaged that plan and they can prove it then fine that's an issue but IMO he was under no obligation to support them after having been let go - especially when police and fire networks were at risk from their stupidity. These folks have already displayed their tendency to overreact, I can only imagine if they had screwed things up and blamed him for it...

      --
      Build it, Drive it, Improve it! Hybridz.org
    22. Re:Fired him first? by BLKMGK · · Score: 1

      And he may yet be found not guilty. Sometimes doing the right thing hurts but if we all buckled at the slightest threat we'd have even fewer rights than we have managed to hang onto so far...

      --
      Build it, Drive it, Improve it! Hybridz.org
    23. Re:Fired him first? by linzeal · · Score: 1

      Fuck that, someone needs to get this settled once and for all and I'm glad it is this guy and not me. I had a similar situation arise early in my sysadmin career that only involved a PDA from a salesperson with contacts on it which we easily hacked; however, I learned later the guy came back for his personal PDA to find it had been wiped clean, I'm still surprised they never called me to testify but he did get a large settlement over that and his termination. I have no idea why exactly he was terminated, way above my pay grade. The CIO and CEO were in that room with me when we broke the encryption and quite honestly I never bothered to ask if what I was hacking was company property or not, because I was not the keeper of the PDAs, Blackberries and Cell Phones that was all through sales/marketing. I had no idea what I was doing could be considered illegal but again I did not ask. Could I have been sued or had charges brought against me?

    24. Re:Fired him first? by spacefiddle · · Score: 1

      Did you take the computer with all the sensitive info too?

      Did you take your brain with all its sensitive info too?

      I'm sorry, citizen; you have been fired. We simply cannot allow you to leave the premises until we have proof that you've emptied your brain.
      Yes, i know, insert "become management" joke here...

    25. Re:Fired him first? by Coren22 · · Score: 1

      This is especially true when there is a policy that the passwords are not to be given to those specific people. The City's policy is that the Mayor is the only one he can give the passwords to. He did this as soon as the Mayor took time from his busy campaigning to gain the passwords. Stupid policy, but that isn't Childs' fault as he didn't write the policy, only followed it.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    26. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      Most likely, your company has legal agreements that everyone agrees to when they put a personal device on the company network (assuming that's allowed at all). For instance, we have such a policy for person iPhones indicating they can be wiped to ensure company data is no longer on the device. If this guy put company data on a personal device without authorization, then he would be liable for theft as well.

      If in doubt, simply ask your legal department. If you don't have a legal department, then I would suggest you get a better job ;)

    27. Re:Fired him first? by DJRumpy · · Score: 1, Troll

      Where does it say it was a policy? TFA says he felt the "mayor was the only person he could trust".

      From TFA: "Jailed IT admin Terry Childs relinquished his hold over San Francisco's multimillion-dollar FiberWAN, handing his administrative passwords over to San Francisco Mayor Gavin Newsom, who was 'the only person he felt he could trust."

      Personal feelings do not a policy make...

    28. Re:Fired him first? by idontgno · · Score: 1

      Your strawman argument posits that things that are similar are the same, and that the passage of time doesn't matter. That's not necessarily reasonable, as in the legal principle of the "Reasonableness Test".

      Would a reasonable observer of the situation think that demanding information five years after termination is reasonable? Almost certainly no.

      Would a reasonable observer of the situation think that demanding information in the course of out-processing a person after termination is reasonable? Yes, absolutely. It's in the same basic category as "leave your office keys with security".

      Would a reasonable observer of the situation think demanding information a few days after termination reasonable? Maybe. Maybe not. That's why we have juries, to establish the bounds of reasonableness in disputable cases. If the case goes that way, anyway.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    29. Re:Fired him first? by Anonymous Coward · · Score: 0

      The instant I'm fired, I forget absolutely everything. Asking me for a password after I've been let go will elicit an answer of "I don't know"
      Also, "passwords are not his property"? What if the passwords are just ordinary words like "amidexterous"
      Are you saying the word "amidexterous" is now "property"?

    30. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      Well you kind of blew holes in their 'argument' in your first sentence. The fact that Management was in possession of the passwords if something went wrong. Unless his management SysAdmin's on the side, they would have had to request said passwords from him. If some harm came to the network, any logs would show where it came from (IP's, MAC addresses, dates, times, etc). Digital trails can be messy, but not that messy and obfuscated, but not completely.

      His personal feelings in the matter are irrelevant. Business is not a democracy (even in a democracy he would have been outvoted as he was the only objector). He was given a directive by his management, and he failed to comply. When he was fired, he refused to surrender the passwords, which then became a case of Intellectual Property Theft.

      "What is Intellectual Property Theft?
      Intellectual property theft is different than the theft of physical property. Instead, it involves stealing or misusing proprietary information a company (or person) owns. Examples of intellectual property include copyrights (which protect things such as written material, audio or video recordings, and even computer code), trademarks (which protect things like a company name, product name, logo, slogan, or package design), trade secrets (like a restaurant's secret recipe), and patents (which protect inventions or discoveries, like the composition of a new medication). "

      These passwords would be considered a trade secret. He would not be required to 'wipe his memory' or whatever drama folks are claiming in here, but they were created while he was an employee, and they are owned by the employer. He is legally bound to surrender them. He was ordered to surrender them before he was fired. Any works created by someone in the employee of a business is owned by the business. The law is very clear about cases like this. He used company time, money, and hardware/infrastructure to create said passwords. No amount of wrangling or pleading about his feelings, or other silly drama will change that fact.

    31. Re:Fired him first? by Coren22 · · Score: 1

      It has been said in prior articles on this topic. As I am a good slashdotter, I did not read the article, just got frustrated with the numerous people spouting off about who owns passwords. Here is a good link that goes over it in much detail, found using google search words "terry childs password policy" http://www.bluoz.com/blog/index.php?/archives/743-Terry-Childs-gets-most-charges-dropped.html

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    32. Re:Fired him first? by tomhudson · · Score: 1

      You have no obligations to your former employer from the moment you're fired? Really? So if I have a company car and laptop, and get fired I can then turn around and say "ha, I get to keep the car and laptop!"? I think not.

      Don't laugh - you can. Unjust or constructive dismissal has legal consequences. You'd be surprised what you can negotiate when your boss unjustly totally screws you over.

    33. Re:Fired him first? by lgw · · Score: 1

      IP does not work that way. He has no a priori obligation to disclose, or not to disclose, anything. He presuably signed an NDA, so he had a contractual obligation not to disclose the passwords externally after he left. He may or may not have signed a contract requiring him to disclose his passwords to his employer upon termination, but unless such a contract exists there is no legal obligation as a former employee to disclose. He apparantly felt he had a moral obligation not to give idiots the ability to wreck city infrastructure.

      Whether copyright infringement is theft is an interesting question. But to argue that refusing to copy IP is somehow theft is frankly odd.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    34. Re:Fired him first? by Anonymous Coward · · Score: 0

      Passwords are not intellectual property. It is not Mr. Childs' fault that his employer did not implement a proper security policy and require documentation of important passwords, or require redundant administrative access. Nor is it Mr. Childs' responsibility, after being fired, to assist them in any manner.

      Think of it this way, if a company employs you to conduct research on item X, but never requests any documentation of your research results, then after firing you, can they then demand that you document your research? No. They should have thought of that prior to firing you.

    35. Re:Fired him first? by jim_v2000 · · Score: 1

      >When you are fired from work, you can't simply raid your cubicle and take everything in it. The same applies to any company property.

      Which is not at all what he did. He simply knew the passwords and they did not. They should have got them from him before they canned him. If I was to be fired, and my employer later called me for some password, I'd tell them to get lost.

      --
      Don't take life so seriously. No one makes it out alive.
    36. Re:Fired him first? by silas_moeckel · · Score: 1

      No he is not, if they want to pay him to document and he agrees to take the money sure but once you don't work there it's there problem. If they were on a document he should have left it at the place of business or returned it to them (corp property) but something intangible is not property it's knowledge. I am not sure this is what happened in this case. Most states you have 30 days to return corp property once you have been terminated and they can not hold your paychecks etc till you do. Now if you had a documented policy requiring hit by a bus password safes, and audited them (the once a year go though and change them) and the person neglected to do so you might be able to sue him for the damages do to his neglect or willful destruction of them.

      Specific to this case it's the cops and the DA having a pissing contest and not wanting to loose.

      --
      No sir I dont like it.
    37. Re:Fired him first? by jim_v2000 · · Score: 1

      >He was ordered to surrender them before he was fired.

      Was he?

      --
      Don't take life so seriously. No one makes it out alive.
    38. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      I disagree.

      The rules pertaining to employee inventions are not limited to patents, but apply to other kinds of intangible property or rights that the law refers to as "intellectual property." In one case, for example, university professors devised a process for producing milk by introducing beneficial bacteria. Later, milk produced using this process was sold under a certain trademark that the university owned and licensed to dairies. The university declined to pay royalties to the professors who claimed to be the inventors of the process that led to the trademark, so the professors brought suit against the university. The court concluded that the trademark belonged to the university, as the professors' employer, and that there was no obligation on the part of the university to pay royalties to the professors who invented the process. Importantly, the court found that the professors, when they were conducting the research that led to the invention or development of the trademarked process, were doing precisely what they had been hired to do.

      I think precedent is very clear here.

    39. Re:Fired him first? by Anonymous+Cowpat · · Score: 1

      but unless such a contract exists there is no legal obligation as a former employee to disclose

      and even if there were, if it resulted from a contract he would not be committing a criminal offence simply by not honouring his end of it.

      --
      FGD 135
    40. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      That is exactly what happened. Did no one even read the affidavit and arrest warrant?

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

      He was fired for Insubordination. The router then sent a page to his company pager after he was fired, indicating he had exorcised admin rights after being terminated.

    41. Re:Fired him first? by lgw · · Score: 1

      You're confusing the obligation of the admin not to disclose IP to third parties, and the obligation of the admin to disclose IP to his boss. Your example goes to the former, while the case is about the latter.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    42. Re:Fired him first? by lgw · · Score: 1

      It can be a criminal offesne to fail to honor a contract with the counterparty is a government. Governments often make laws to that effect, just as they often make laws to the effect that they can't even be sued if they fail to honor contracts themselves. I have no idea if that applies here.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    43. Re:Fired him first? by jc42 · · Score: 3, Informative

      It would seem the prudent thing to do, if you find yourself in a similar situation, would be to turn over the damn passwords.

      Hmmm ... Apparently you missed the earlier post's link to the article about the official policy of the county government. It included this summary excerpt:

      "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."

      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

      So if he'd handed over the password to his bosses, he would have been charged with a violation of official published policy, and that charge would have probably stuck. By following the official policy, he may well have succeeded in winning the court case. Of course, it didn't stop the city from implementing what's almost certainly an illegal incarceration before trial. We'll have to keep checking to see how it turns out, and whether he can get restitution for the jail time.

      In security-related situations, it's often a good idea to know the official published policy. When asked to violate it, it often can help to point out that what you're being asked to do is illegal, and ask if they really intended that. (If you're a contractor, you might try grinning and saying that you charge extra for illegal acts. Tell them that your consulting firm has a policy against performing illegal acts without first getting the explicit job description on paper with all the right signatures authorizing the higher rate, indemnification for possible charges, etc. It can be fun to watch their reaction.)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    44. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      Actually I'm not. Previous precedent is well established regarding who owns company data like e-mail.

      Probably the best-known case involving e-mail privacy is Flanagan et al. vs. Epson America, Inc. In this case, Alana Shoars, an Epson employee, arriving for work one day discovered her supervisor reading and printing out e-mail messages between other employees. She says she was told by the same manager that all messages on the system were private. She questioned the practice and said she was told to mind her own business. A day later she was fired for insubordination. She filed a $1M wrongful-termination suit. Shoars filed a class-action suit on behalf of herself and other employees, claiming invasion of privacy (under California's constitution and a wiretapping statute). The state court ruled against Shoars on the grounds that email was not covered by California's wiretapping statute and that the right to privacy guaranteed by the state constitution covered personal but not business information. (Incidentally, Shoars also lost her wrongful-termination suit, which she filed after being fired from Epson.)

      In another high-profile case, Eugene Wang, a former Borland International vice president, was accused of disclosing confidential corporate information in email messages sent to Symantec CEO Gordon Eubanks shortly before Wang left Borland to go work for Symantec (a Borland rival). Borland executives discovered the messages and filed suit against Wang, Eubanks, and Symantec; a California grand jury also issued criminal indictments against both executives.

      In a case decided earlier this year, Michael A. Smyth vs. The Pillsbury Company, executives at Pillsbury fired a manager after finding a printout of an email message in which the manager referred to several of his supervisors as "backstabbing b*****ds." A U.S. District Court in Pennsylvania upheld the company's right to subsequently read all the manager's e-mail. The court ruled: "We do not find a reasonable expectation of privacy in email communications voluntarily made by an employee to his supervisor over the company email system notwithstanding any assurances that such communications would not be intercepted by management...Moreover, the company's interest in preventing inappropriate and unprofessional comments or even illegal activity over its email system outweighs any privacy interest the employee may have." Notably, the court differentiated searching through an employee's email account from an invasion of an individual's person, personal information, or personal effects.

    45. Re:Fired him first? by VenomPhallus · · Score: 1

      What you can *negotiate* in light of an unfair/constructive dismissal is irrelevant to what you're legally entitled to. The idea that you're legally empowered to keep the car/laptop certainly has no basis in English law, and I'd be amazed if it does have one in the US either.

      And when did we start specifically talking about wrongful dismissals?

    46. Re:Fired him first? by Zerth · · Score: 2, Informative

      He was also ordered to surrender them to someone department policy said he was not allowed to tell and who was likely to screw things up and blame it on him.

      He did the responsible thing and insisted on following policy in a manner that ensured the network continued to function.

    47. Re:Fired him first? by Zerth · · Score: 2, Informative

      Just to quote their policy:

      All passwords are to be treated as sensitive, confidential County information.
      Here is a list of things to avoid:
      Giving your password over the phone to ANYONE.
      Telling your boss your password.
      Talking about a password in front of others.
      Telling your co-workers your password while on vacation.

      If someone demands a password, refer him or her to this document or have him or her call someone in Information Security

    48. Re:Fired him first? by Anonymous Coward · · Score: 0
      From DJRumpy's post:

      Two words. Intellectual Property.

      Try not to embarrass yourself next time?

      Right back at ya.

    49. Re:Fired him first? by Golddess · · Score: 1

      When he was fired, and refused to give up the passwords, it became stealing.

      You keep using that word, I don't think it means what you think it means.

      But that's not what I'd like to address, I just couldn't pass up using the meme.

      "I forgot the password."

      Yeah, that's not what he said, but had he, then what?

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    50. Re:Fired him first? by ColdWetDog · · Score: 1

      Could I have been sued or had charges brought against me?

      Sure, you can always be sued for - just about anything. Stare at the mail boy wrong, you can get sued. Do something even remotely questionable, you can be sued. That's why, when you talk to your lawyer (which you should if you have rational reason for feeling you're getting on the edge of things), he or she will temporize, waffle, come up with various scenarios of vague plausibility and tell you that you may or may not be paranoid. It's a very complex legal jungle out there.

      Always travel with a guide. And a gun.

      --
      Faster! Faster! Faster would be better!
    51. Re:Fired him first? by corbettw · · Score: 1

      Here are some points you're ignoring:

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

      Childs refused to turn over the passwords when ordered and acted like they were "his". They were not, the policy clearly states the passwords belong to the County.

      Here is a list of things to avoid
      -Telling your boss your password.
      -Talking about a password in front of others.

      (emphasis added)

      So first, the passwords in question were not his, they were administrative passwords. While Childs almost certainly didn't have authority to determine who was or was not cleared to have these passwords, his manager did.

      Next, the second point obviously would not apply in a situation where everyone present was cleared to know the password. Because his manager was responsible for granting access, if she said "These people can know these passwords" (or even implied it), that's all there is to say on the matter.

      No matter how you slice this, Childs did not follow the letter or the intent of the security policy and deserved to be fired on the spot for his refusal to follow orders.

      --
      God invented whiskey so the Irish would not rule the world.
    52. Re:Fired him first? by Anonymous Coward · · Score: 0

      FSM help us should a password even be treated like a physical key like you want.

      http://yro.slashdot.org/article.pl?sid=07/12/15/1459243

    53. Re:Fired him first? by DJRumpy · · Score: 1

      According to that article, they said he couldn't be forced to reveal his password as the contents it revealed might self-incriminate him. I don't see how that would apply here.

      Interesting read though.

    54. Re:Fired him first? by VenomPhallus · · Score: 1

      I'm sorry, but this is simply not true. Read your employment contract - if it doesn't say something along the lines of you having to return stuff to the employer after you leave employment I'd be amazed. There's plenty of continuing responsibilities that outlast an employment contract.

      Case in point - when you leave a job, you'll probably want i) your final pay cheque, ii) any holiday pay accrued, iii) any bonuses you're entitled to and so on. Are you seriously arguing that there's no legal imperative on your former employer to provide those things? Or that an NDA suddenly ceases to exist? Or that an agreement not to badmouth the company (commonly inserted into compromise agreements) is worthless? Or an agreement to provide a specified reference?

      The idea that any legal relationship or responsibilities between the parties cease the moment the employment does is quite simply a nonsense.

    55. Re:Fired him first? by HungryHobo · · Score: 1

      Passwords are not items, they are not staplers, they are not chairs, they are not routers.

      Passwords are knowledge.

      If you follow your chain of "logic" then would he also be required to spend several weeks teaching his replacement how the network works?
      After all that knowledge is "company property" if it doesn't hand it over for free then he's STEALING FROM THE COMPANY!!!!

    56. Re:Fired him first? by VoiceOfDoom · · Score: 1

      He didn't "steal" the passwords. He knew the passwords.
      He was the network admin in charge of the passwords.
      There was a dispute at work, and all of a sudden he wasn't the network admin any more.
      Between being an employee and getting fired, he didn't raid a bunch of drawers and creep out with a sheaf of papers tucked into a sack marked "SWAG".

      When asked to provide the passwords, he refused to divulge them to people not on the "authorised to know" list, which means that although we was heading towards not being an employee, he was still conscientiously following department policy. The fact was that the clueless idiots who were demanding the passwords were themselves violating policy since they were not authorised to have them.

      Admittedly, he sounds like a bit of a paranoid loon (keeping all the users' VPN passwords at home and not letting anyone else touch his precioussssss network was not a smart move) but I'm sure that there was no requirement to be a perfectly well-balanced, emotionally mature and prescient individual on the job application. Just as well, or most geeks would never get jobs!

      --
      "Life is pain Highness. Anyone who says otherwise is selling something"

      Westly, The Princess Bride

    57. Re:Fired him first? by DJRumpy · · Score: 1

      All arguments aside, I found your analogy to his 'precioussssss' very good ;)

      His emotional attachment to his network would look bad in bar lighting. This guy was a nutcake.

    58. Re:Fired him first? by lgw · · Score: 1

      I'm not seeing your point.

      The first case - this has nothing to do with email privacy that I can see - the city isn't trying to read his email. Sure, the circumstances are related if he was suing for wrongful termination, but is he? (Did I miss that part?)

      One the second case, it's not that he wrongfully disclosed those passwords - quite the reverse in fact. He would almost certainly be in the wrong if he had.

      The third case doesn't seem related either.

      No one with a sensible IT policy needs the passwords from a fired admin. It's a testimony to how screwed up the city is (SF screwed up? shocking!) that they were even asking. His unwillingness to anounce important passwords where one end of the line was a jail, and the other a speakerphone seems perfectly responsible to me. Of course, the city can fire him because they disagree (or just for laughs), but a criminal offense requires some actual wrongdoing.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    59. Re:Fired him first? by Fulcrum+of+Evil · · Score: 1

      There was no policy, so Childs behaved in what he saw as the best interest of the city. I still don't see how he has a legal obligation to tell the passwords to anybody after being fired, though.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    60. Re:Fired him first? by Anonymous Coward · · Score: 0

      The router was likely configured to page him automatically when something required attention. And really, exorcised?

    61. Re:Fired him first? by Anonymous Coward · · Score: 0

      he had exorcised admin rights after being terminated.

      Are you claiming that exorcising (giving up) admin rights was the wrong thing?

    62. Re:Fired him first? by twebb72 · · Score: 1

      Agreed. The most dangerous IP that's lost when someone is fired is in their brain... Not in some computer.

    63. Re:Fired him first? by Jedi+Alec · · Score: 1

      Now I understand some sysadmins aspire to be the best BOFH's they can be, but having to do an exorcism each time you fire one seems a little...over the top?

      --

      People replying to my sig annoy me. That's why I change it all the time.
    64. Re:Fired him first? by AK+Marc · · Score: 1

      He is still obligated to supply the passwords as they are not his property. When you are fired from work, you can't simply raid your cubicle and take everything in it. The same applies to any company property.

      What happens if you are issued a VPN router to use at home? They fire you, escort you off, and then call you later and tell you to, at your own time and expense, return this device? Is it wrong to tell them to come get it themselves?

      A thought isn't property. He was asked to do work (recall and produce a piece of information about the network) for a previous employer. Would you drop the VPN router in the mail at your own expense? Or would you tell them "I don't work for you, you can get it yourself."

    65. Re:Fired him first? by AK+Marc · · Score: 1

      When he was fired, and refused to give up the passwords, it became stealing.

      He's not charged with stealing. He never refused to give up the passwords, he just requested that the person specified in the procedure book be the one he give them up to. The very first time he was ever asked for the passwords by an authorized person, he gave them.

      And they were quite the morons to arrest someone, fire them, then have someone not authorized demand information from him.

    66. Re:Fired him first? by AK+Marc · · Score: 1

      The guy was arrested for following your advice.

      He was arrested before they asked for the passwords. He was fired before he was asked for the passwords. The very first time anyone authorized to have the passwords asked for them in person, he gave them. He was arrested for finding someone rummaging through desks and taking things, not for anything to do with the passwords.

    67. Re:Fired him first? by Anonymous Coward · · Score: 0
      From TFA of the link:

      This debate has been one of analogy and metaphor. Prosecutors tend to view PGP passphrases as akin to someone possessing a key to a safe filled with incriminating documents. That person can, in general, be legally compelled to hand over the key.

      IANAL, but this to me seems to say that if a physical key is involved, then it doesn't matter if the contents that the key locks up will incriminate you, the 5th amendment is moot here. If a password gains the same status as a physical key, then it becomes one step closer to them saying "uh, actually the 5th amendment is moot for passwords too, fork it over."

    68. Re:Fired him first? by icannotthinkofaname · · Score: 1

      That's irrelevant. What matters is whether or not whoever ordered the passwords was authorized to receive them.

      If the people harassing Childs (before or after termination of Childs' employment) weren't authorized to receive the passwords, then Childs was in no position to give them the passwords. If he had surrendered the passwords to people not on the whitelist, then he would have been labelled as an incompetent network admin, and the network would be at the mercy of people who didn't know what they were doing. What Childs did was safe and secure, totally in line with how any sysadmin worth his root access should behave.

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    69. Re:Fired him first? by Pichu0102 · · Score: 1

      It is the ex-employee's problem if the employer has bigger pockets or the ability to lock you up in pound me in the ass or death by inmate prisons indefinitely.

    70. Re:Fired him first? by Pichu0102 · · Score: 1

      There is no way in hell there will be restitution for it. He'll be lucky if he makes it out of prison or the courts NOT in the bodybag. People who make a lot of noise often get in "accidents" in prison, you know...

    71. Re:Fired him first? by AK+Marc · · Score: 2, Insightful

      His emotional attachment to his network would look bad in bar lighting. This guy was a nutcake.

      Sadly, that's the real issue. This nutcake (who did his job without problem and they fired for his "attitude" rather than anything related to his ability to actually do his job) is being persecuted because he's weird. I mean who wouldn't give up a password when guys with guns were demanding it and threatening you with jail if you didn't? It mattered to him that they weren't on the authorized list. But to the police, that's contempt of cop. To his boss that wanted him to just disappear after she was caught performing audits in direct violation to policy, it was contempt. He wanted to give the information to the proper authorities, and did, it's just those that thought they were the proper authorities and what he thought didn't agree. From what I can tell from the papers released so far, the boss was not authorized for those (no need to know and not a technical position). Yes, it's job suicide to say no to your boss, but he'd rather lose his job than screw up his network.

      That's why he's a nutcake, and that's why authorities hate him and everything he stands for. No one should ever stand up to the police or his boss. It's unamerican.

    72. Re:Fired him first? by Anonymous Coward · · Score: 0

      Asking someone to avoid something doesn't not mean it's forbidden or against the rules.

    73. Re:Fired him first? by AK+Marc · · Score: 1

      He was fired for Insubordination. The router then sent a page to his company pager after he was fired, indicating he had exorcised admin rights after being terminated.

      "[Security Director J. Pieralde] indicated that this message from this router highly suggests that Childs still had current system admin rights."

      So there was one page of a suggestive nature. And it was suggested by someone who had worked previously against Childs, so her opinion may not be the most objective. You get me the page, and I'll make up my mind.

    74. Re:Fired him first? by Anonymous Coward · · Score: 0

      Loose? Do you mean like "loose change" or a "loose woman"? Maybe you mean they didn't want to "loose the dogs of Hell" upon the world? What exactly is this "loose" thing you're talking about?

    75. Re:Fired him first? by Anonymous Coward · · Score: 0

      Your whole knowledge of IP law is flawed. The biggest flaw in your posts is assuming that trade secrets are a protected form of intellectual property. They are not. There is no law(at least not federal) that protects this. If you know of one that affects this case, please be kind enough to share.

      At the most, they could take him to civil court over it and probably win. However, the city locked him up.

    76. Re:Fired him first? by Zerth · · Score: 1

      Yup, that's obviously a general guideline, not to be taken too strictly. It's not like they are threatening to send you to jail if you don't follow it. Oh, wait...

      I'm sorry, I left off the next section:

      Violators of this policy may be subject to appropriate disciplinary action up to and including employment termination, termination of agreements, denial of service, and/or legal penalties, both criminal and civil.

    77. Re:Fired him first? by icannotthinkofaname · · Score: 1

      He is still obligated to supply the passwords as they are not his property.

      The passwords don't belong to Childs? Really? That would imply that the passwords are not of Childs' design. He created those passwords to protect the network that he was employed to administer.

      The passwords belong to Childs and only to Childs, and only those who were authorized by policy to ask him for them will be told what they are (in this case, he told the mayor).

      If the passwords are someone else's property, then they were created by someone else's design. Find me one example of a sysadmin who uses someone else's passwords.

      This is more like "I hired a company to look after off-site storage for me, and now I want the keys to their place because I fired them, but my data's still there."

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    78. Re:Fired him first? by DJRumpy · · Score: 0, Troll

      According to the affidavit, he was asked for the password by the General Security Manager, and the Directory of Security. Both were authorized to request that information. It's stated directly in the password policy that if someone asks for a password, that the employee is to contact Security (who also published the policy btw).

      No where in the password policy does it even mention the mayor. I find it amusing that people on here are running with that. The mayor came into it because according to a quote from Childs, he "felt the mayor was the only person he could trust". The mayor has nothing to do with the password policy nor was he listed as an 'authorized requester'.

      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

    79. Re:Fired him first? by Anonymous Coward · · Score: 0

      Read the site more carefully -- it appears not to be policy, however, it is a set of guidelines published based on another agencies suggested policies.

    80. Re:Fired him first? by DJRumpy · · Score: 1

      The policy specifically states that if someone asks for your password to contact Security. The Manager and Directory over security were the people asking for his passwords. The policy specifically states that all systems authentications be stored in a Security Managed database. He refused to give them to security and he was terminated for insubordination.

  20. The Nick Burns question by jafiwam · · Score: 1

    This really comes down to;

    Is Nick Burns a dick, or is he not a dick?

    That's it. Pick your camp and fuck off. There is really nothing else to discuss, there is no middle ground.

  21. Terry Childs and the female boss by viralMeme · · Score: 5, Interesting
    "On Friday, June 20, there was an altercation between Childs and Jeana Pieralde, the new DTIS security manager at the 1 Market Street datacenter in San Francisco. Until her promotion, she had been a city network engineer who worked with Childs"

    Sorting out fact from fiction in the Terry Childs case (InfoWorld)

    .. the city had claimed it could not access the FiberWAN network's devices. But four days before that bail hearing, the city claimed it had scheduled a power outage at the 1 Market Street datacenter. That power outage would have affected routers and switches running the FiberWAN network.

    In the court filing four days later, the city contended that Childs had "booby-trapped" the network to collapse during this power outage by not writing the device configurations to flash on some number of routers. A local news report stated that "experts caught the problem in time and transferred data to permanent files, [Assistant DA Conrad] del Rosario said."

    This statement contradicts the city's stance that it had no access to these routers, as there is no way it could have written those configurations to flash, or save them anywhere, on July 19 if it could not access the devices ..

    1. Re:Terry Childs and the female boss by Spazztastic · · Score: 2, Interesting

      In the court filing four days later, the city contended that Childs had "booby-trapped" the network to collapse during this power outage by not writing the device configurations to flash on some number of routers.

      You know, some Cisco guys just have bad habits of not pressing "CTRL+Z" then entering "wr mem" when they're done working on a Cisco appliance. Maybe he just made a mistake?

      --
      Posts not to be taken literally. Almost everything is sarcasm.
    2. Re:Terry Childs and the female boss by Anonymous Coward · · Score: 0

      The power outage tale was proven false, and affidavits and testimony by the building maintenance supervisors stated that Childs' gear was not going to lose power, only the cubicles outside the datacenter.

      In other words, that's total bullshit. There's a link to this information in TFA. Read moar.

  22. If he wins will he have to retest for certificatio by Joe+The+Dragon · · Score: 1

    If he wins will he have to retest for certification or as he all reedy been put on a black list? but even if he is people will likely still look the other way and he can keen them on his CV.

  23. dont overblow the outcome by falcon5768 · · Score: 1

    The simple fact is this guy IS guilty of one major (though not legal) flaw. He didnt THINK about the situation, and instead of handing the passwords over, BUT documenting EVERYTHING, he decided to be an ass about it. He had a very valid reason to be an ass, but he should have washed his hands of it.

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

    1. Re:dont overblow the outcome by sjames · · Score: 1

      However, a failure to correctly weigh a political situation is not supposed to land you in jail. He's been there for 18 months and counting already.

      Charging him in the first place is already a miscarriage of justice. Setting his bail beyond that of a serial rapist compounds the problem immensely. Doing that because the remaining admins are too incompetent to lock an ex-employee out of the network is simply disgusting.

    2. Re:dont overblow the outcome by Fulcrum+of+Evil · · Score: 1

      The simple fact is this guy IS guilty of one major (though not legal) flaw. He didnt THINK about the situation, and instead of handing the passwords over, BUT documenting EVERYTHING, he decided to be an ass about it. He had a very valid reason to be an ass, but he should have washed his hands of it.

      By ass, you mean following his contract, right?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:dont overblow the outcome by falcon5768 · · Score: 1

      nope being an ass. Nothing in his contract stated he was the sole holder of the networks passwords. I dont know ANY IT contract that would state such a action. I have to document EVERYTHING in case I was hurt or killed or fired so that my fellow coworkers knew how to get into and work on my servers and clients. I am dead sure his did to. I have gotten into this argument with our network manager and in the end its easily solved, hand them over, document to who and why you handed them over. Show everything YOU did to follow the commands issued for you, and wait. If something is fucked up afterward and you get blamed all you have to do is print out the emails, present your documentation and say HERE IT IS, BLACK AND WHITE, I WAS NO LONGER SOLELY IN CHARGE AND I NEVER MADE THOSE CHANGES. Then watch as upper management squirm when you have documented evidence of their stupidity. IT works, I have done it dozens of times, and its enjoyable EVERY FUCKING TIME to watch their stupid grins turn into "oh fuck" faces! :-)

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    4. Re:dont overblow the outcome by Fulcrum+of+Evil · · Score: 1

      good luck documenting that from a holding cell. Also please not that he'd been the sole holder of various passwords for over a year with managements knowledge and apparent approval before this. I don't know why you're so intent on putting this on Childs. Hell, I still want to know how they justify holding him for 2 years on $5M bail without resorting to wounded pride.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    5. Re:dont overblow the outcome by falcon5768 · · Score: 1

      "good luck documenting that from a holding cell." He wasnt put into jail till weeks after he was asked then ORDERED to hand over the passwords. IF he was doing his job right his systems would have been documented, and all he would have then needed was the emails showing he no longer was in control of those accounts or servers.

      "Also please not that he'd been the sole holder of various passwords for over a year with managements knowledge and apparent approval before this." And he knew for a fact he wouldnt drop dead tomorrow? OR he even had a job tomorrow which in this case he did not which was WHY they wanted the passwords, because they FIRED him

      Hell, I still want to know how they justify holding him for 2 years on $5M bail without resorting to wounded pride.

      I do too, but dont you DARE change the fucking subject, my comment had nothing to do with the stupidity of the city or prosecutors but everything to do with Childs stupidity in thinking he actually mattered in the grand scheme of things when he really didnt have a leg to stand on holding onto those passwords. The fact is he SHOULDNT be in jail and I hope the judge leaves the city with a huge amount of egg on their face and a massive settlement for Childs. But that doesnt negate the fact that truth be told Childs was a moron to get himself into this mess in the first place when all he had to do was document what he needed and HAND THE PASSWORDS OVER.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    6. Re:dont overblow the outcome by Fulcrum+of+Evil · · Score: 1

      We shall see. I vote for hubris on the part of the San Fran DA - seriously, who in their right mind hands passwords to an unknown person on a concall, and who fires someone for having the only passwords after a year?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  24. Re:anyone here who defends this man by LaminatorX · · Score: 4, Interesting

    Childs deserves defense not because he appropriately handled a showdown with management he had no hope of navigating successfully, clearly he did not. Rather, he should be defended against having the prosecutorial powers of the city leveled against him and being deprived of his freedom for many months over a matter that should have gone no further than the termination of his employment.

  25. Except nothing like that happened. by khasim · · Score: 1

    I have a copy of the keys to your home.
    None of your keys are gone. All your stuff is still in your home. All your food is in your fridge. And your bed still smells the same. I only came in and watched a bit of TV. You didn't even know till I told you.
    So I did nothing wrong?

    His job was to be in there so being in there is irrelevant. That's part of what he's supposed to be doing.

    I have your bank codes, which I changed so you cannot access your money.
    Your money is still there. The amount of money is still the same. Your money is still serving the bank.
    So I didn't steal anything?

    All of the services were available to all of the users. So there wasn't anyone who couldn't access any of the services (except the passwords).

    This is a service issue. Your examples focus on physical items.

  26. Really, now by Mathinker · · Score: 1

    > What he did was wrong

    Don't know about that. It seems to me that it was a worse crime to let him be the sole repository of such valuable information (the password/s), without having a clue that there was a chance he'd suddenly drop dead. And it was his managers who were guilty of that crime.

  27. Mod parent up! by khasim · · Score: 3, Insightful

    If anything, the fact that you wrote down that there might be a problem would be used against you. You set a trap or something. That's how you knew there would be a problem.

    This is management. Does anyone who's ever held a tech job believe that you writing down that your boss is, effectively, an idiot won't be used against you?

    1. Re:Mod parent up! by Follier · · Score: 1

      Solution: just create user with some elevated, but not system-destroying privileges. Then let him go nuts.

      Sir, I apologize for the issues. Here are the passwords:

      Username: Root
      Password: HaV3f[_]n4$5h0le

  28. Re:Why is this guy being treated as a Martyr to IT by RobotRunAmok · · Score: 1

    Oh, Please! IT infrastructure is the plumbing of the 21st century. This guy is a plumber. It is not his job to decide who should or should not have access to the network any more than it is the job of the master control technician at NBC to decide what to air at 8pm on Thursday nights.

  29. Incompetent Imbeciles by anomaly0617 · · Score: 2, Insightful
    I thought someone said it best when they said

    "Terry Childs nearly built the San Francisco computer network by himself, to the point of actually filing for copyright on his design of the network. Management in the San Francisco IT department apparently couldn't fathom half of what he was doing and Terry Childs himself called them incompetent on numerous occasions, which is pretty much what the sole standing charge is all about. Refusing to hand over the network to incompetent imbeciles."
    http://blogs.computerworld.com/14592/good_news_for_jailed_sf_net_admin_terry_childs

    I'm not defending Childs' decision to hand over the passwords when asked, but I can sure see his perspective on it. As a consulting network engineer, I've frequently been put in the position of having to decide whether giving someone the keys to the kingdom will put the kingdom at too great a risk.

    The problem here is that there was not a documented policy on passwords. As a former government IT employee, we had a documented policy concerning passwords. They were all documented in a password-protected spreadsheet kept on a server that only admins had the access and technical skills to get to. They weren't withheld, per se, they were just in a place that was inconvenient to get to unless there was an emergency situation that required the inconvenience.

    The impression I get is that San Francisco's IT department had old-timers waiting for their retirement date and their pensions to mature. They were stuck in the days of mainframes, modems, and 8088's. Here comes Terry Childs, who has not only a clue but a plan for getting them into the 90's, if not the 21st century. He intimidates his superiors because he knows what he's doing, and they don't. He builds a network for the city that his peers should be proud of. Instead they are intimidated. They ask for passwords, and he politely refuses to give over until they understand the enormity of what those passwords do. They get mad and accuse him of hacking.

    The worst thing about this case is that Terry Childs did nothing wrong, other than withholding the passwords too long. He's intelligent. He intimidated people with his intelligence. They couldn't fire him without cause, so they created a cause by insisting that he was hacking, even though the evidence does not show this.

    The insult to injury here is that by dragging this out, the San Francisco IT department is just putting more egg on their face. Anyone following the case can see that they were incompetent and Terry Childs was trying to protect them from their incompetence. His crime was not knowing when he'd lost the game at the key moment.

    Were I living in San Francisco, I'd want an audit of the technical skills of the IT department. It sure sounds to me like there are some people that need some training. If they can't learn from the training, reassignment. If they can't be reassigned, early retirement. But for all that's good and holy, get the incompetence out of the IT departments!

    1. Re:Incompetent Imbeciles by Anonymous Coward · · Score: 2, Informative

      The problem here is that there was not a documented policy on passwords.

      No, the problem is there WAS a documented policy on passwords, and the problem was he followed it. After he was fired, the only person the policy allowed him to tell the password was the mayor himself. As soon as the mayor asked, he quickly shared the password.

      Terry Childs might be an arrogant jerk, but he did nothing wrong.

    2. Re:Incompetent Imbeciles by Anonymous Coward · · Score: 0

      "The problem here is that there was not a documented policy on passwords."

      Um, yes there was.

    3. Re:Incompetent Imbeciles by Anonymous Coward · · Score: 0

      People also said Hans Reiser was being railroaded because his intelligence intimidated all the 'ordinary' folk, and look what turned out to be the truth in that case...

  30. Re:Why is this guy being treated as a Martyr to IT by cenc · · Score: 1

    How is there no law to fit the crime?

    If I hire say a lock smith to work on my house, and then they do not provide the key to the house but instead say rob it or trash it, there is all kinds of laws to fit those crimes. This is not some sort of new thing.

      By the way I am being charitable here by assuming that you can have a "crime" without a "law" makes any sort of sense to talk about at all.

  31. He had high security turned on that block password by Joe+The+Dragon · · Score: 3, Informative

    He had high security turned on that blocked password recovery as some of the network stuff was out in open at some sites and not in a locked room. With the high security you have to do a full reset to get back in without a password.

  32. There is no face to be saved by Dunbal · · Score: 1, Insightful

    and is continuing with the prosecution just to save face,'

          So, what do taxpayers think about their public funds being thrown away just to "save face"? This charade will end soon. Maybe another generation or so.

    --
    Seven puppies were harmed during the making of this post.
  33. Re:anyone here who defends this man by Rogerborg · · Score: 1

    Remember that he was working in government, so of course he'd view everyone else like helpless retard-children incapable of doing anything for themselves.

    --
    If you were blocking sigs, you wouldn't have to read this.
  34. Re:anyone here who defends this man by Anonymous Coward · · Score: 0

    Is your shift key broken?

  35. Re:Why is this guy being treated as a Martyr to IT by mythar · · Score: 1

    you're right. terry childs may not be batshit crazy, but he has a cell phone camera and 1100 secret modems. that scares the crap out of me! i'm calling the police! again!

  36. Re:the affected dickwad says: by Anonymous Coward · · Score: 0

    wow. what a jerk you are.

    still banging away at that dumb film that will never be produced?

  37. Re:the affected dickwad says: by wtbname · · Score: 1

    right on.

  38. Re:anyone here who defends this man by Jaysyn · · Score: 1

    Wasn't he terminated before they even asked for the passwords? If it was me they'd have to hire me back as a very, very expensive consultant before I'd even speak with them.

    --
    There is a war going on for your mind.
  39. Re:anyone here who defends this man by BenEnglishAtHome · · Score: 2, Informative

    For God's sake, that's circletimessquare! If you don't know who that is, lurk more. Until then, DO NOT FEED THE TROLLS!

  40. So you're dumb by Mathinker · · Score: 2, Insightful

    You forgot to keep a copy of the keys yourself? I call that stupid. And in the case of this guy's manager, criminally stupid.

    Most people are smart enough to give their caretakers copies of their keys. Your analogy stinks.

    And even if it didn't stink in that way, it stinks in another way. You could just shell out to have a professional locksmith break into your house and change the locks. Which is what you would have to have done anyway if the caretaker was kidnapped by the mafia or otherwise disappeared (the analogous situation to Childs dying in his sleep).

    Actually, I just reviewed the facts as put out in this article by Venezia and most of the negative stuff has to do with mismanagement on the part of the city, in my eyes. A good manager would have understood that Childs was too attached to his creation, and would have already started to bring in another professional who might have had a chance of giving Childs the impression that he was handing his brainchild over into good hands. OTOH, I'm not sure Childs was psychologically capable of doing that. I wonder what will really happen in this trial.

  41. Re:Why is this guy being treated as a Martyr to IT by charliebear · · Score: 1

    It's quite a stretch to say he had stolen the entire network. In fact, it's absolutely false. They could have done a hard admin reset on the routers and affected systems and been back in complete control of them. They chose not to, for various legitimate reasons, but the network remained in the possession of the legitimate owners.

    Using the door analogy, what if he was a custodian, changed all the locks, kept all the keys, refused to give them to the owners? Sure they could hire a locksmith to change all the locks, but why should they?

  42. Re:anyone here who defends this man by schon · · Score: 4, Insightful

    So what you're saying is that because he was accused of something, he is automatically guilty even though the accusations where later withdrawn?

    I sure as hell hope that you never wind up on a jury for *anyone*.

  43. Re:he committed a crime by LaminatorX · · Score: 1

    You metaphor is false.

    The parallel would be if I hired you to set up and administer my computer, later demanded that you had over the admin credentials, and you refused because you didn't think I could handle it competently. I would be within my rights to fire you and perhaps even sue you, but not to have you thrown in jail.

  44. Sounds like a *great* idea by Mathinker · · Score: 1

    This is a case of someone trying to use Slashdot to sway popular opinion; kind of like a slashvertisement, except with the legal system instead of a book or piece of software.

    Wow, it really worked well for Joel Tennenbaum and Jammie Thomas-Rasset, I'm sure this is going to be very, very effective for Childs!!!

  45. Re:Why is this guy being treated as a Martyr to IT by adipocere · · Score: 2, Insightful

    That's true. But if I changed your locks and kept the keys, charging me with "stealing your house" is not legitimate.

    Since you like that door analogy.

  46. Re:anyone here who defends this man by Anonymous Coward · · Score: 0

    It's probably worth reading the whole saga - particularly the circumstances under which he was asked for the passwords... very, very odd. I think I would have gone into lockdown given the circumstances...

    http://www.infoworld.com/d/data-management/childs-attempt-protect-network-password-gone-awry-978

  47. Was punished already by Mathinker · · Score: 1

    The guy did something wrong and should be punished.

    He was punished, he was fired.

    By not giving the keys, he did no more damage than would have been done if he had died accidentally, and his managers didn't seem to be that concerned about that, it seems. Since he did eventually give the keys (to the mayor), he did even less damage, in fact, a lot less damage.

  48. Passwords... by Anonymous Coward · · Score: 0

    I once had a coworker who worked for the IT department for a rural Bible-belt school district. Upon her resignation, her boss demanded her password. She refused to give it up and resigned anyway.

    I used to be the sysadmin and PC Support teacher for a high school. The incompetent/power-tripped Web design teacher, on the first day of class, made all the students divulge their domain passwords to her. Well, one of her students also had me for PC Support, and he knew damn well to never divulge a password, and he refused to give it up. He never got his grade docked for it, but if he did, I would have been in the guidance office with him, going to bat for him, pointing out that the Web design teacher has zero business keeping students' passwords on file.

    Fortunately, this never happened. More fortunately, the principal might have been an incompetent boob, but the assistant principal for curriculum was a former IT director and knew his stuff.

  49. An "InfoWorld" Thing; Nothing to See, Move Along by RobotRunAmok · · Score: 1

    The InfoWorld editors are trying to gin-up a hue and cry over this case. snydeq is a PR flack for InfoWorld, so he submits updates on this case the same way he (constantly -- it's his paid job) submits stories with links to the InfoWorld editors' (often thinly-disguised, e.g., "Fatal Exception") blogs. It makes sense for InfoWorld to turn this character Childs into some kind of hero/martyr, because tales of hero/martyrs sell newspapers, and that's what InfoWorld is: A newspaper aimed at Tech Center guys.

  50. Re:Why is this guy being treated as a Martyr to IT by Anonymous Coward · · Score: 2, Interesting

    You are exactly the type of citizen who has driven the service out of public service and provided us with less than mediocre CYA specialists who have no conscience and no clue. Terry Childs, despite his apparent meglomania, had a clue and a conscience. After he is cleared of all charges, the Mayor should appoint him to teach the other civil servants what service really means. (and that might be the only way to keep from getting sued for millions of dollars for malicious prosecution.)

  51. Re:the affected dickwad says: by Anonymous Coward · · Score: 0

    I think his point was more along the lines of "you seem to have something interesting to say, but should learn to type." - so I think that means he wants to read what you have to say; perhaps it is interesting. However, lack of following the conventions in a conversation is actually contraindicated.

  52. Chain of Command by Martin+P.+Hellwig · · Score: 2, Informative

    Simple solution, it's called chain of command and works pretty well in static, bureaucratic organisations.
    Simply put, you only accept commands from the manager in line or his/her superior.
    Although your superior superior (etc. )is allowed to break the chain, it is frowned upon and definitely communicated across the chain.

    So unless the manager of accounting is one of your superior superiors, though luck, (s)he should contact his/her superior until there is one who shares both chains.

    --
    If consumed, best digested with added seasoning to own preference.
    1. Re:Chain of Command by MrNaz · · Score: 2, Funny

      So *that's* why it takes so long for a guy in the appropriations department to approve a new box of paperclips for the guy in accounting.

      --
      I hate printers.
    2. Re:Chain of Command by Zerth · · Score: 1

      At my last job, if my manager asked me for my password and I told him, his boss would have fired both of us because the only people I was allowed to tell was the company lawyer, or my replacement upon promotion or termination.

      Chain of command is not the same as chain of responsibility.

  53. your analogy is superior by circletimessquare · · Score: 1

    but you are failing to address what the system actually ran

    i think you would agree that the guy shouldn't be thrown in jail if the system in question ran a nuclear power facility

    and i agree with you the guy should not be thrown in jail if the system in question ran a greeting card company (that's a civil matter: no jail, but he should be sued for substantial damages)

    however, if the system ran a public utility, the man deprived the public of their rightful access to public property. that's a punishable criminal offense that very definitely requires jail time

    come to think of it, i reverse my earlier statement: even in the greeting card company, you are depriving someone of access to their own property. so yes, jail time there too

    i can take your computer off your desk. that's obviously theft. but what if i changed your password and put a postit note on your computer saying "i don't think you have a right to run your own computer, come talk to me first"

    that's the same as if i had taken it physically: i am depriving you of your property, which is as criminal as physically taking it

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:your analogy is superior by LaminatorX · · Score: 1

      The key here is that he never deprived the public of anything. The city had a working system when he walked into the office that day, a working system when they threw him in jail, and a working system after he handed over the passwords to the Mayor. They also could've reconfigured those routers at any time, though without the passwords they would have lost the existing config in order to do so. But again, he didn't break it, sabotage it, or hold it hostage.

      Again, I'm not saying he acted wisely or appropriately here, merely that the response from the city was unjustly disproportionate to the situation. They went after him for things they were afraid he might do, rather than what he did. The dude's spent months behind bars so some bureaucrats could cover their asses for not having supervised their egotistical OCD admin properly.

    2. Re:your analogy is superior by Wowlapalooza · · Score: 1

      i can take your computer off your desk. that's obviously theft. but what if i changed your password and put a postit note on your computer saying "i don't think you have a right to run your own computer, come talk to me first"

      that's the same as if i had taken it physically: i am depriving you of your property, which is as criminal as physically taking it

      Two problems with your analogy:

      1. Passwords to network equipment are typically not necessary for their day-to-day functions (e.g. routing or switching packets), only for troubleshooting, upgrades or changes to the network architecture/topology. The network in question could probably have -- and, according to some reports, did -- run for weeks or months just fine, even if no-one had the passwords.
      2. There is no evidence in the record, of which I'm aware, that Terry intentionally changed the passwords in order to prevent certain individuals from accessing the equipment, and in anticipation of being terminated. The people demanding the passwords, I believe, had never previously had them, so this would have been an expansion of the access that they had previously been granted, if any. This makes it very different from the analogy you presented, where someone had a "settled expectation" of access, which was then deliberately and explicitly revoked/denied by the perpetrator. When accusing someone of "denying service", one needs to be careful to define what actually constitutes "service" in a particular context. Making a PC unusable that someone was using regularly as a normal part of their job, is clearly a denial of service. Refusing to open up access to critical network infrastructure, to persons unknown or of questionable qualifications and trust, and potentially (as some have alleged) in direct violation of the employer's own published policies and procedures, is hardly "denial of service". At most, it's a preservation of the status quo, and in fact, keeping that access restricted may be the most service-enhancing option available.
  54. His manager is just as guilty by Mathinker · · Score: 1

    > child's job description did not include the self-appointed position of deciding himself who should have access to the network configuration

    You are probably correct. But his contract/terms of employment should have been such that the city could sue him for the $125k/yr he was getting paid in the case that he changed the passwords from a configuration known to the city (to deal with the case that he would die unexpectedly). I have a suspicion that the city wasn't smart enough to make turning over the network administration (or at least having a contingency plan for the event that Childs would die) a contractual condition of properly finishing the work of designing the network.

    In simple words, his manager(s) were also incompetent. But they aren't going to be looking at jail for it.

  55. He is accused of 4 crimes (3 were later dropped). by khasim · · Score: 2, Insightful

    It is up to the legal system to determine whether he committed any crimes.

    So far, all you have is the accusations and even 3 of those 4 were dropped. So "he deserves punishment" for things that no one is now claiming he did?

    Weird.

  56. Re:the affected dickwad says: by jo_ham · · Score: 3, Insightful

    Perhaps, and it is indeed your right to ignore the grammar rules of the the language you are writing, but you also have to be aware that anyone reading it will naturally make judgements about you because of that.

    Capital letters and punctuation are not just "convention", they do help with reading comprehension in the same way that paragraph breaks do. I don't think that ignoring the grammar rules just because you don't like them is an any way superior; as the GP said, it makes you look like an ass just for the sake of it.

    If I'm one of the "bunch of assholes" (presumably everyone who uses capital letters correctly) then so be it. Rather be an asshole than come off looking like I don't know how to write.

    Your final point jumps right back to what the original poster was talking about that you seem to have missed (hey, maybe there is a connection between people who don't write properly and low comprehension skills); you obviously want to contribute to this discussion and taken seriously, and make no attempt to actually make your posts easily readable. You're no different to the no-paragraph posters; people will just skip over your post without reading, or they'll get part way in and then dismiss it because you simply cannot write (from observation - who knows if you can or not since you don't show it). The content of your post is diminished.

    You may have the opinion that good writing doesn't matter, but I'm afraid that it does.

    Incidentally, the use of imperial over metric is not the same thing at all. Your bastardisation of the English language because you think it is superior is the same as going down to the hardware store and asking for a metre of timber, where you have defined a metre as the distance from your shoulder to your fingertip. Metric and imperial systems have conventions. If I say I want 1M of timber I'm not using the metric system accurately, since the SI symbol for the metre is m. If I say I want 5"6' of rope I'm also not using the imperial system correctly.

    Invent your own language with its own grammar rules if you like, just don't pretend that ignoring the bits of a language you personally don't like as the superior method, and simultaneously complain that anyone who uses the rules properly is an asshole; it makes you look like a dick.

  57. Re:the affected dickwad says: by jo_ham · · Score: 1

    And yes folks, I realise I have a monster run-on in the middle of that with more than two clauses. So sue me, I started this addendum with "and".

  58. Re:anyone here who defends this man by tibman · · Score: 1

    Mr Childs gave the password to the Mayor, the only person he felt was authorized to receive it. He's been held for 18 months now and needs $5 million for bail, that's just crazy.

    I know it doesn't make sense to you that he refused to give the password up to his manager. Childs was probably being overly protective. But i understand it from a military perspective. General Order #1 "I will guard everything within the limits of my post and quit my post only when properly relieved." Even if a general shows up and says, "ok, you can go home now." You better stand there and refuse. If the OIC/NCOIC relieves you or ends the guard, you may go. But like i said, i can understand what he did.. not that he did the right thing.

    It will be interesting to hear the whole story when it's over. His belief that he was saving San Francisco from horrible mis-management could be well founded.

    --
    http://soylentnews.org/~tibman
  59. Intellecutal Property Laws are not difficult folks by DJRumpy · · Score: 1

    So by your reasoning, he could snatch up anything in the office before they said "your fired", and legally keep it? Hell, by your reasoning, he could simply start snatching up company property with the express intent of getting fired for doing so, but he would still get to keep his parting gifts?

    I don't think so...

  60. 3 of 4 charges were dropped by circletimessquare · · Score: 1

    my comment specifically addresses the final charge that remains

    so are you just exercising your propaganda writing abilities or do you not understand the fucking obvious about your own link?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:3 of 4 charges were dropped by schon · · Score: 1

      my comment specifically addresses the final charge that remains

      So you *really* do believe "if he was charged, he must be guilty" then? I was hoping that you'd adjust your statement - but it turns out you're just an ignorant fuck who is too stupid to understand the concept of "innocent until proven guilty."

  61. No, you are wron by Anonymous Coward · · Score: 0

    Stop spreading your FUD.

    [...] by an authorised official [...]

    He did not refuse to hand the passwords over; he just followed city policy when a non-authorised person asked for the passwords. The proof is in this comment: http://news.slashdot.org/comments.pl?sid=1139735&cid=26979667

    The word authorised has a clear meaning, and the person he refused to give the passwords too was certainly not authorised. I'm pretty sure if he gave out the passwords, they would have fried him for giving them to a non-authorised person.

    This whole story is just a city official using his power in a ridiculous way, and the admin fighting back. Btw, the bail was $5 million, whereas bail for murder is only $1 million. Seems like the SF network is more important than lives of civilians...

  62. Re:Why is this guy being treated as a Martyr to IT by Schadrach · · Score: 1

    Isn't the reality of the scenario that official policy stated that he was only to provide that information to a very specific list of people, and he was unwilling to do so to his manager (who wasn't on said list) or over a teleconference (where he could not verify all receivers were on said list) but did so when presented with an opportunity to do so in accordance with the policy he was supposed to follow in the first place?

  63. Re:Why is this guy being treated as a Martyr to IT by Tlosk · · Score: 2, Insightful

    You make a wonderful point, it boggles me how many posters here seem to be fine with the idea of letting the city burn if you were following the rules like a good little citizen that never questions those in power.

  64. Better Efficiency by bill_mcgonigle · · Score: 1

    so now i get daily emails about how LA and other local governments are going with Google Apps and Gmail. I bet a lot of it has to do with the fact that they can let their unionized admins rot in a hole doing nothing while progress happens

    That's OK. If one accepts the premise that a good work environment (some say Google has one) improves productivity, then the end result should be really happy IT folks providing great service at an unbeatable price.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  65. Re:Intellecutal Property Laws are not difficult fo by LordAndrewSama · · Score: 2, Interesting

    This is how physical property and intellectual property differ. Those things all belong to the company, and it let him use them. He left them there when he left. The passwords belong to the company, and it let him use them. When he leaves, are you saying he has to have his memory wiped of all that companies IP? he left, it's now "their" problem. he didn't deprive the company of their passwords by "stealing" them, the company misplaced them and he has no obligation to help them look.

    I'm explaining this horribly badly, I know, but still, I feel he has no obligation once he's been fired.

  66. Re:anyone here who defends this man by Anonymous Coward · · Score: 0

    They fired him then asked for the passwords.

    Seems pretty clear cut to me. He didn't even work for them and they were trying to force him to still do labor?

  67. Re:He had high security turned on that block passw by Spazztastic · · Score: 1

    He had high security turned on that blocked password recovery as some of the network stuff was out in open at some sites and not in a locked room. With the high security you have to do a full reset to get back in without a password.

    Not only that, depending on what routing protocol he was using it most likely used authentication. You would have to take down and reconfigure every single router all at once or they would not communicate and share routing tables.

    --
    Posts not to be taken literally. Almost everything is sarcasm.
  68. Childs should get twenty years by Zeinfeld · · Score: 2, Insightful

    You know I had wondered why I stopped reading slashdot, then when I come back I find this story which is about as balanced as Fox News and I remember why. It is not a 'fact' that the DA has done no homework on the case, that is a speculative claim from what appears to be a highly partisan source - a journalist who snagged an interview with the perp and wants to retain access. The guy tried to hold the city hostage. Venezia fails to mention that in his bizarrely one sided account. Specifically, the guy had changed the passwords on the routers and refused to tell his employers what he had changed them to. That is, or at least should be recognized as extortion. The employers paid Childs to administer the system, they had a right to expect him to do so honestly and in a way that would allow them to use their property if he was not available. The guy is lucky not to be up on federal charges. The water treatment plants were amongst the infrastructures that he disabled. The incident does demonstrate a security risk that is often given insufficient consideration: failure to maintain control of the system.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
    1. Re:Childs should get twenty years by Coren22 · · Score: 5, Interesting

      so you would rather that he broke the policy that was given to him with regard to passwords and let unauthorized people have access? The city policy only allowed him to give passwords to the Mayor, which he did as soon as he was allowed to. If you are fired, and some random people ask you to give up the password, would you? If you say yes, then you will end up at the wrong end of a lawsuit, as that would make you criminally culpable in whatever havoc those people caused on the network.
         

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    2. Re:Childs should get twenty years by Moryath · · Score: 3, Interesting

      The water treatment plants were amongst the infrastructures that he disabled.

      Uhm, come again?

      Nothing was "disabled." Nothing was turned off. The situation was quite simply that the routers were secured down to the point where, without having admin credentials, someone could not CHANGE them. This is not "negligent", this is smart design.

      Then we get to the exorbitant bail amount, the fact that he's being held in lockup without a bail reduction even though better than 3/4 of the case has been dropped due to lack of evidence, and the fact that he in fact gave the passwords up to a competent authority (the SF Mayor, aka his boss's boss's boss), and it looks like a kangaroo court in process. The DA's office doesn't have much, if anything, of a case but they're desperate to justify what they have done so far so they just keep pushing along.

      I'll offer you a choice. You are being reassigned to a new area. Your "boss", the blithering idiot who still keeps his password in a sticky note on his monitor and who holds a bitchfest every time he's told he has to pick a password that actually conforms to complexity requirements rather than using "god", demands a ton of passwords with root-level access. You've seen numerous situations before where the "admin at the time" (e.g. you) has been turned into the fall guy for shit going wrong or security breaches, when it's obvious to anyone doing any research that the real problem is some moron boss with less brain cells than teeth, an MBA, and a napoleon complex.

      What. Do. You. Do?

    3. Re:Childs should get twenty years by Abcd1234 · · Score: 3, Insightful

      What. Do. You. Do?

      Uh, you give them the passwords.

      Christ, how is this even a question? Your *boss* tells you to do something? Then you fucking do it! Have a problem with it? Go over his head to his boss. And if that guy tells you to go pound sand? You do your fucking job and hand over the passwords.

      In short: This guy was an idiot. That network wasn't his personal property and he had no right to refuse access to it for those in a position of authority, regardless of his impressions of their professional qualifications.

    4. Re:Childs should get twenty years by Curunir_wolf · · Score: 3, Insightful

      I think you need to read up on the case a bit. Childs was actually protecting the network and keeping it running. The people he was asked to provide the passwords to had already demonstrated their incompetence by causing outages. Far from "holding the city hostage", as you claim, he was actually keeping the network running. The only disruptions were caused by the non-technical manager types that were asking him for control, without providing any assurances that they could maintain the network or even understand the configurations they wanted to be able to muck with.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    5. Re:Childs should get twenty years by HarrySquatter · · Score: 2, Interesting

      So what? They were his bosses and the owners of the equipment. He had no right to refuse them access to their own property no matter what they could have and would have done to fuck it up.

    6. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      What. Do. You. Do?

      Uh, you give them the passwords.

      Christ, how is this even a question? Your *boss* tells you to do something? Then you fucking do it! Have a problem with it? Go over his head to his boss. And if that guy tells you to go pound sand? You do your fucking job and hand over the passwords.

      In short: This guy was an idiot. That network wasn't his personal property and he had no right to refuse access to it for those in a position of authority, regardless of his impressions of their professional qualifications.

      You apparently know nothing about this case, thus I propose that you are the idiot. Mr. Childs did hand over the passwords, and indeed it was to the top authority in his chain of trust (The SF Mayor). Mr. Childs had every right to refuse to give the passwords to his immediate Boss, whom he suspected of actively trying to get him fired, especially given the circumstances in which they attempted to coerce Mr. Childs into handing them over (group conference room with people on speaker phone? That is not a secure or proper way to obtain sensitive information). Mr. Childs was responsible for a very sensitive network infrastructure that included the city's Police Department and the city payroll. He understood that access to such network traffic must be protected and he did the appropriate thing, refused to give passwords to people he suspected were malicious in intent and instead raised the issue to a higher level.

    7. Re:Childs should get twenty years by lgw · · Score: 3, Insightful

      He had a responsibility to the people of the city who depended on the city infrastructure not to recklessly endanger that infrastructure. As a trained professional, in his professional jidgement, giving the passwords to his boss would have been dangerous. He acted reasonably (and within policy), insisting on moving somewhat higher up the chain of command, and drawing attention to the incompetence of his boss.

      Your boss has no moral authority. He's just another employee, no different from you.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      Except that he WAS NOT HIS BOSS.

      He was fired... THEN they asked for passwords and the like.

      Also, it was specifically the the policy of the SF government that you never give your passwords to ANYONE... They even had some kind of training that used the example of your BOSS asking for the password with the answer that you should not do it.

      How about this.
      Bob, you fired. Get the F out of here....
      Wait, go fix the roof before you leave, but don't forget you are not allowed on the roof...
      Look... Bob's not doing it, what a jerk...
      Call the cops.

      Uh, no.

    9. Re:Childs should get twenty years by natehoy · · Score: 5, Insightful

      I worked for a company that performed services for companies that had a lot of personal information. Our systems were kept pretty tight.

      For a while, I was the only IT person in the company. I had the primary passwords for much of the company's infrastructure, and the policy manual that was worked up allowed me to give those passwords to two other people on request - the President and my departmental Vice President of the company. The VP was three rungs up the ladder from me.

      Neither had the chops to do anything with the passwords, but of course they could easily have hired someone who did. I also had to keep the current passwords in an offsite lockbox at a local bank and only the three of us had access to that box. That way, if I got hit by a bus (or terminated for cause, quit under suspicious circumstances, or whatever) the company could continue operations smoothly.

      My boss's boss walked in my office one day and asked for a password for one of the main systems. After a long, involved, and rather unpleasant conversation, I was threatened with termination if the passwords were not handed over. As I started to pack my crap up, the President walked in the room and thanked me for my diligence in following security protocol. It was a surprise audit. I don't think I would have been terminated if I had handed over the passwords, but I'm sure my clearance to possess them would have been revoked in a very large hurry. And that would have been the correct action to take.

      There are circumstances where you DO NOT have the authority to give information to your boss. If there is a policy against it, the policy trumps your boss's ability to ask you for the information.

      I don't know for sure the policies in place at this particular department, but it is very possible that the boss was not authorized for that information. Passwords and security information do not necessarily follow the chain of command - they follow a chain of responsibility and/or trust, and that isn't always perfectly aligned with the chain of command. If Childs' boss was not authorized for the information, he did the right thing in insisting that the information be turned over to the people his security protocol manual specified.

      If Childs' boss WAS authorized for the information by policy, and Childs honestly felt the boss would misuse the information for something illegal and/or was gunning for Childs, then his actions may or may not be justifiable in this case - he's going to have to produce some proof that his boss had an illegitimate purpose. That could be tough.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    10. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      "The water treatment plants were amongst the infrastructures that he disabled" He didn't disable anything you idiot. The FiberWan stayed up, running, intact, and 100% operational. Nothing was disabled, damaged, or otherwise harmed.

      If he had done something the Fed's would be interested in, don't you think he'd be facing other charges? Please tell me the Fed's didn't look into it? In this day and age? They most likely did and saw that it was all nonsense.

    11. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      agree with poster

    12. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      You do your fucking job and hand over the passwords.

      And make sure those incriminating reports are sent to the right authorities, political decision makers, or even the media as there seems to be no need to include any sensitive information in those reports. In fact, the way the stories have described the behaviour of Terry Childs, it sounds as if this would be another case of autism in action.

    13. Re:Childs should get twenty years by jcoy42 · · Score: 0, Offtopic

      > Help me get excellent karma, I promise to always use it positively.

      FYI: this mindset is probably why you don't (yet) have excellent karma.

      If I could dig it up to link to it I would, but I have seen a person rip me a new one and when I accused them of simply blathering easy answers to jack up their karma the reply was a plain and simple "I couldn't care less about my karma, I'm saying you're wrong because I think you're wrong. And just to prove I don't care about it I'll just say Linux sux, MicroSoft is God, and here's a goatse link", which he did link.

      And it was modded +5 insightful.

      --
      Never trust an atom. They make up everything.
    14. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      Not after he was FIRED he didn't.

    15. Re:Childs should get twenty years by steelfood · · Score: 1

      No, the network belongs to the government, which is the City of San Francisco, which belongs, if only in theory, to the people thereof. It certainly doesn't belong to his boss.

      This guy did the right thing. He did the ethical thing. If the passwords to the systems fell into the wrong hands because of his laxity, then he would be liable, if not legally, then morally, for any damage done because of his actions. And if procedure stated that he not give out the passwords to anybody but the Mayor (which it appears to have said, and which it appears he followed), then there's even more of an argument that he did the right thing by not giving out the password.

      And sure, there are studies that say most people will do as they're told, even if the act isn't ethical or moral. It's not a legal defense, but it is a part of the human psyche. But by not following orders he doens't believe to be ethical, he's proved himself to be better than most people. So he's not a sheep. He stood up for what he believed was right. Is that a crime? Should he be punished for it, which he is now?

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    16. Re:Childs should get twenty years by Anonymous Coward · · Score: 0

      This isn't the military, you don't just "do" what your boss says. Furthermore he did try to go over his boss's head, and the head boss kept flaking on him.

    17. Re:Childs should get twenty years by dougmc · · Score: 2, Insightful
      Personally, if that sort of thing was done intentionally to see how I responded, I might have just kept packing my stuff up ...

      I assume that part of the unpleasant conversation was you suggesting that the VP or Pres get involved, and this was rebuked.

    18. Re:Childs should get twenty years by Coren22 · · Score: 1, Insightful

      Thanks, I needed the chuckle.

      As far as karma, it seems to be working, I haven't been modded down since adding that sig, but then I will probably end up with -5 troll for this post.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    19. Re:Childs should get twenty years by arth1 · · Score: 2, Insightful

      Christ, how is this even a question? Your *boss* tells you to do something? Then you fucking do it!

      That was the defense that many of the accused at the Nuremberg trials tried.
      It didn't work then either.

    20. Re:Childs should get twenty years by theverylastperson · · Score: 1

      Very well put!!! Just because someone in a position of authority tells you to do something DOES NOT mean it's the right thing to do. History has taught us many lessons and your example is spot on.

      With that being said, I know very little of the exact circumstances of this case, my knowledge is limited to the numerous articles I've read on the subject.

      Those articles may or may not be accurate and without being in the court room and hearing the evidence presented I can't give an honest opinion on this case. That is up to the courts to decide.

      --
      ed duval the very last person
    21. Re:Childs should get twenty years by CorporateSuit · · Score: 1

      The guy tried to hold the city hostage

      Hostage for what? A meeting with the mayor? He wouldn't give an idiot the passwords because he knew the drive home would be on unlit streets if he did. Simply because you manage over someone doesn't mean you should have access to all of their passwords or classified information. Can you imagine what could have happened if he did just fork over the passwords to anyone up the chain of command? City loses power the next day -- and who is to blame? "Well, Terry was logged in on his account when it went down. (Just after his boss fired him, too! Suspicious!)" So he went with the approach that he'll put the password where only a new sys admin would be able to get to it -- in the hands of the mayor (unless the mayor turns around and gives it to the non-IT-versed manager above Childs, in which case, Childs's hands are clean if city loses power.)

      In this case, he was damned if he did and damned if he didn't, so he went with what he thought was the right thing to do in his "I hate managers and only an idiot would fire me" brain.

      --
      I am the richest astronaut ever to win the superbowl.
    22. Re:Childs should get twenty years by HungryHobo · · Score: 1

      This may be hard for your to understand but if you work for a company and you have an important set of passwords and there is an official policy that says "You must not give the passwords to anyone apart from the president of the company" and your boss marches in and demands the passwords then you should not give them to him unless he happens to be the president of the company.
      He could be your boss, your bosses boss or your bosses bosses boss.

      But if you ignore the policy and hand over the passwords to someone who is not authorized to have them then you could be held liable.
      It doesn't matter if that person is your manager or a hobo on the street.
      If you ignore policy then you can get it in the neck.

      Childs followed policy and handed the passwords over to the only other person who was authorized to have them.
      His boss was not manager to have them.
      You seem to not understand that it's quite possible and normal for your manager to not be authorized to have passwords which you yourself are authorized to have.

    23. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      In short: This guy was an idiot. That network wasn't his personal property and he had no right to refuse access to it for those in a position of authority, regardless of his impressions of their professional qualifications.

      It was his responsibility to not hand out the passwords to a bunch of people he didn't know, and he did give the passwords to the Mayor (the only person he could have reasonably given them to) at the first opportunity. Your boss demands your passwords? Tell him to pound sand because, with them, he's you! Try explaining to the cops that whatever questionable thing done on your account was done by your boss (no, really, it wasn't me).

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    24. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      What's the sky look like on your world?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    25. Re:Childs should get twenty years by lgw · · Score: 1

      Was the city right to fire him? Maybe. You assume he had the power to fix the problem you mention. Did he advocate internally that a system that left him as the only one with the passwords was a screwed up system? I dunno.

      None of that has anything to do with a crime. I don't think it's even a tort, unless he had some unusual obligation to his employer (are there admins somewhere with a fiduciary duty?), or he was maliciously destructive (not merely incompetent).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    26. Re:Childs should get twenty years by Score+Whore · · Score: 0, Troll

      Currently it's overcast and rainy. I take it that you can't actually refute my points and thus you drug out some tired, worn out, passive-aggressive attempt at an insult?

    27. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      No, I don't feel like wasting the time on that insanity - fired and made to pay back salary because he's the only one with the passwords? Get real. Also, how do you refute 'over enthusiastic bondage play with his gay lover'?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    28. Re:Childs should get twenty years by BenEnglishAtHome · · Score: 2, Interesting

      if that sort of thing was done intentionally to see how I responded, I might have just kept packing my stuff up...

      Then how would you suggest a security audit be done? How else can we find out if someone will violate security policy than by giving them a chance to do exactly that?

      I've been subjected to those kinds of audits on several occasions. Yes, they're mildly insulting. But they're also necessary, aren't they?

    29. Re:Childs should get twenty years by Rakarra · · Score: 1

      If I could dig it up to link to it I would, but I have seen a person rip me a new one and when I accused them of simply blathering easy answers to jack up their karma the reply was a plain and simple "I couldn't care less about my karma, I'm saying you're wrong because I think you're wrong. And just to prove I don't care about it I'll just say Linux sux, MicroSoft is God, and here's a goatse link", which he did link.

      And it was modded +5 insightful.

      When someone stands on a soapbox to announce that, yes, they get modded up.

      When they do it as part of normal everyday commenting, they get modded down.

      It's shaming the mods into moderating the way you want them to.

    30. Re:Childs should get twenty years by dougmc · · Score: 2, Insightful

      Mildly insulting is one thing. Going so far that you've basically quit your job is too far.

    31. Re:Childs should get twenty years by Score+Whore · · Score: 0, Troll

      No, fired and made to repay salary for not doing his job. Why should someone get to collect a paycheck without doing the work? The job of an administrator isn't to do all the little tasks the admins typically do, it's to ensure the stability and availability. Establishing some fiefdom over his employer's network doesn't even begin to address those responsibilities.

      Also, how do you refute 'over enthusiastic bondage play with his gay lover'?

      What is there to refute in that statement? If I had written "hit by a bus" would you feel a need to refute that? Perhaps you need to review your attitudes towards gays and others who choose to live alternative lifestyles. Bigot.

    32. Re:Childs should get twenty years by DJRumpy · · Score: 1, Informative

      He was also no longer in charge of the network you're referring to. He was removed from that group when they found that he wasn't following policy. He refused to supply the password to Security per the password policy. It states that all system passwords must be placed into a Security managed database.

      Case Affidavit:
      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf [infoworld.com]

      Security requested the passwords from him, and they were authorized to access such information (they established the password policy to begin with and noted in the policy that if someone had questions they should contact Security). Both the manager of security and the Director of Security request the password from him, yet he refused or gave them bad credentials. They password policy itself stated that all system passwords must be kept in a security managed database. It is the primary reason his employment was terminated according to the affidavit.

      County Security Policy (see section 4 for the password policy):
      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf [sfgov.org]

      When security asked for the password, he was removed from his position for failing to comply (insubordination). Security was authorized to access those passwords per the policy so many are claiming is his defense. He was in violation of the password policy for not putting the passwords under Security's care to begin with.

      (from section 4.1 of the General Security Policy)
      "All production system-level passwords must be part of the security administered global password management database."
      "If someone demands a password, refer him or her to this document or have him or her call someone in Information Security."

      It was Security that was asking for the password.

      By refusing to supply the passwords he put the network at risk. Per the affidavit, he actually told the director of security when asked if he implemented disaster recovery procedures, documented the network under his control, and/or if he had made the required backups on devices, as policy. His answers were "..no..". In the event of a failure, the city would have been screwed.

    33. Re:Childs should get twenty years by Aqualung812 · · Score: 1

      Christ, how is this even a question? Your *boss* tells you to do something? Then you fucking do it!

      Like, "Hey, install 200 copies of MS Office with this single license we have" or "Even though our procedures say only HR can read emails, give me access to Joe's email account"? Seriously, you don't have any integrity.

      Have a problem with it? Go over his head to his boss.

      He did. He gave the passwords to the mayor. Learn WTF you're talking about before being such an ass. This guy is having his life ruined because he did his job.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    34. Re:Childs should get twenty years by Rakarra · · Score: 1

      It depends on the importance of the company. For some shitty web startup, this sounds like it would be a bit much.

      If you worked at a place where real damage could be done through a security breach, I would expect this sort of thing to be done on a routine basis. At least, I would hope it would.

    35. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      He did all that - the network ran like a dream and childs' only error was in following his contract and not telling his 'boss' the password (because he isn't allowed to) while in lockup on a speakerphone.

      What is there to refute in that statement? If I had written "hit by a bus" would you feel a need to refute that? Perhaps you need to review your attitudes towards gays and others who choose to live alternative lifestyles. Bigot.

      It's inflammatory and you know it. It doesn't matter what lifestyle Childs has, you just want to get a rise.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    36. Re:Childs should get twenty years by Pichu0102 · · Score: 1

      Same thing happens here too. If you do it, you end up dead or worse. If you don't do it, you end up dead or worse.

      This is why it's best to avoid human contact as much as possible.

    37. Re:Childs should get twenty years by natehoy · · Score: 1

      Yes, that was part of the conversation. And it was no fun.

      Given the amount of access I had to their systems and the sensitivity of the data I had immediate access to, I also understand now that the test was a necessary evil.

      I did get a free dinner for my wife and myself at a very nice restaurant as a form of reward/apology. That was nice of them.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    38. Re:Childs should get twenty years by Zeinfeld · · Score: 2, Informative
      According to the depositions in the case, this claim is utterly false.

      The site policy was for the passwords to be entered in a security database. He may have disagreed with the policy but he was not entitled to refuse to comply with it.

      I find the claim that he did not recognize his superiors or that his actions were genuinely motivated by a desire to protect the network as somewhat incredulous. His actions are rather more consistent with attempting to preserve his job security by ensuring that he was the only person that could control the network and refusing to co-operate with legitimate attempts by his management to regain control.

      The idea that this should be a concern to someone acting in good faith is ludicrous.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    39. Re:Childs should get twenty years by natehoy · · Score: 3, Insightful

      I disagree. Sorry, but if you're going to trust me with very sensitive data, you need to be able to trust me with it, and that means testing me in such a way that the results are valid.

      Which is no way means it's pleasant, or fun, or is anything other than a complete horror show. On the other hand, I was ready to leave the company with my head held high because I stuck to my principles, and there's a part of me that is proud of that.

      It still sucked fetid donkey balls when I was going through it, and I have no desire to repeat the experience.

      But if you can come up with another test that can demonstrate without doubt that an employee's personal integrity is worth more to them than any specific job, I'm certain a whole lot of people who are responsible for important data would love to hear it.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    40. Re:Childs should get twenty years by AK+Marc · · Score: 1

      Christ, how is this even a question? Your *boss* tells you to do something? Then you fucking do it! Have a problem with it? Go over his head to his boss. And if that guy tells you to go pound sand? You do your fucking job and hand over the passwords.

      1) He did give them to the boss's boss's boss. And did so the first time asked.

      2) If you are a Professional, you act like one. A Professional Engineer would most certainly not build a bridge from a design he thought was unsafe. It doesn't matter how many times his boss or boss's boss tell him to. It may not have been about lives, but it was about the professionalism of only disclosing things to those that are authorized, and his boss may not have been authorized.

    41. Re:Childs should get twenty years by Score+Whore · · Score: 1, Informative

      He did all that - the network ran like a dream and childs' only error was in following his contract and not telling his 'boss' the password (because he isn't allowed to) while in lockup on a speakerphone.

      You are assuming facts not in evidence re. the quality of his work. Additionally, it's obvious that he didn't do "all that" since the simple fact is he was a single point of failure with respect to management access to the equipment. It doesn't matter if packets moved smoothly through the network or not. He fundamentally failed at his job since he had no plan in place to handle the situation where he was unavailable.

      It's inflammatory and you know it.

      Why is it inflammatory? You are the one who makes some kind of connection between bondage and being ashamed and stigmatized, not me.

    42. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 0, Troll

      I'm done with your idiocy.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    43. Re:Childs should get twenty years by HarrySquatter · · Score: 1

      I suggest you look at this post to see just how wrong you are.

    44. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      oh sure, arrest someone, then have the person that so far as the arrestee knows doesn't even work there anymore call you demanding passwords. And they call Childs a dick...

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    45. Re:Childs should get twenty years by Sabriel · · Score: 1

      That's very interesting reading. The testimony reported contains IMO some layperson assumptions/mistakes/spin, but still, on skim reads as a classic sysadmin implosion with paranoid/obsessive behaviour etc. I wonder how toxic (socially, not physically) his work environment at SFC DTIS was.

    46. Re:Childs should get twenty years by Sabriel · · Score: 1

      Replying to myself in lieu of edit capability, it's also very one-sided reading. All prosecution and no defense.

    47. Re:Childs should get twenty years by shiftless · · Score: 1

      Your "boss", the blithering idiot who still keeps his password in a sticky note on his monitor and who holds a bitchfest every time he's told he has to pick a password that actually conforms to complexity requirements rather than using "god"

      WTF, who the hell are you and how did you find out my password??

    48. Re:Childs should get twenty years by Zeinfeld · · Score: 1
      Childs refused to divulge the passwords to his superiors before he was fired for insubordination.

      Of course it would be ridiculous if he was suddenly arrested without notice and asked for the passwords by the police. But that does not appear to be what actually happened, it is merely what his defence attorney would like to fool gullible people into imagining happened.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    49. Re:Childs should get twenty years by TapeCutter · · Score: 1

      I'm not really fussed about karma since mine has been stuck on excellent for the last 10yrs???? However I have noticed that one liners normally attract a lot more mods, perhaps because they are simple to digest.

      For example my one liner above (about the law and childs both being an ass) is currently 40% insightfull, 40% Overrated, 10% Troll. That would seem to indicate it has been modded at least ten times, yet it has only gone down one point from the original +2 score.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    50. Re:Childs should get twenty years by TapeCutter · · Score: 1

      Well done for passing the test and for being able to put yourself in the bosses shoes and see why it was required. However from what I understand Childs was not the sole person in possession of the passwords until he changed them.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    51. Re:Childs should get twenty years by hardwarefreak · · Score: 1

      If Childs' boss WAS authorized for the information by policy, and Childs honestly felt the boss would misuse the information for something illegal and/or was gunning for Childs, then his actions may or may not be justifiable in this case - he's going to have to produce some proof that his boss had an illegitimate purpose. That could be tough.

      Especially considering the City and his (former?) colleagues have had 18 months to doctor and erase the actual evidence that would vindicate Child's. I hope he had copious copies of relevant information tucked away off site.

    52. Re:Childs should get twenty years by haruharaharu · · Score: 1

      Well, according to what I've read, he wasn't authorized to divulge passwords to anyone but the mayor, there were written guidelines against doing so, he had no way to know that the woman demanding passwords was even working there, and it was a con-call. I'd do the same thing.

      --
      Reboot macht Frei.
    53. Re:Childs should get twenty years by MikeBabcock · · Score: 1

      While you're arguing orders vs. morals, lets take a completely impenetrable hierarchy -- the military.

      When you're given an order to shoot an innocent civilian in the head to keep him from talking, do you do it?

      If you do, you might set yourself up for court marshalling or war crimes, despite the orders.

      What kind of stupid society have we bred if you can believe that policy is more important than ethics?

      --
      - Michael T. Babcock (Yes, I blog)
    54. Re:Childs should get twenty years by MikeBabcock · · Score: 1

      You're an idiot. Your boss isn't everything, especially when you work for the public (city government in this case). Your boss can tell you to lie cheat and steal but you still shouldn't do it.

      Your boss tells you to bury a body, or to steal a car, or to tamper with evidence, you don't.

      See Enron.

      --
      - Michael T. Babcock (Yes, I blog)
    55. Re:Childs should get twenty years by pyrr · · Score: 1

      I know I'll probably get modded-down for saying this, but whenever I have mod points, I specifically seek out those, "I don't care about karma," and, "I know I'll probably get modded down..." posts and mod them down, especially if they're crap because they're trolling or just lack meaningful commentary. If I consider them to be good, I'll usually just pass them over. I prefer to mod-up folks who speak their minds and say positive things about Linux, rather than those who are shamelessly pandering to what they perceive to be the prevailing opinion.

      The question for you, dear readers, is to decide how to mod me, since I attempted to cover all the bases here:

      • Interesting (shameless pandering or manipulation)
      • Troll (shameless antagonism)
      • Insightful
      • Funny

      The best choice is probably not to mod me at all, since you're probably wrong no matter what you choose!

    56. Re:Childs should get twenty years by Score+Whore · · Score: 1

      Yeah. Walk away pretending you've "won", don't let facts get in the way of your self esteem.

    57. Re:Childs should get twenty years by Rakarra · · Score: 1

      While "Score Whore" made his points in a terrible way, he was correct that's a very poor administration decision to have yourself as the -only- source of the passwords to the city's network infrastructure. That shows a lack of judgement in both himself for putting himself in that position, an in the writer of any regulations that led to this situation.

    58. Re:Childs should get twenty years by Fulcrum+of+Evil · · Score: 1

      given the choice, would you have the only password or give it to people that you know (from past experience) would screw it up and ruin your night's sleep? From what I've read, that's where childs was.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    59. Re:Childs should get twenty years by Rakarra · · Score: 1

      given the choice, would you have the only password or give it to people that you know (from past experience) would screw it up and ruin your night's sleep? From what I've read, that's where childs was.

      I would prefer the latter. No, I never want to be the sole arbiter, the sole gatekeeper. What a horrific situation to be in.

      I've also found it to be very common in the nerd/it world for an admin to believe that everyone was incompetent except for him, that he was the only person who could be trusted, and that he had to do everything himself. I don't think I've ever actually observed one of those ego bubbles where it was actually warranted.

    60. Re:Childs should get twenty years by Rakarra · · Score: 1

      I know I'll probably get modded-down for saying this, but whenever I have mod points, I specifically seek out those, "I don't care about karma," and, "I know I'll probably get modded down..." posts and mod them down, especially if they're crap because they're trolling or just lack meaningful commentary.

      Same here. If someone tries pulling the emotional strings then I'm happy to give them what they state (even if they clearly don't want that)

  69. Re:Why is this guy being treated as a Martyr to IT by canajin56 · · Score: 1

    Using your door analogy where he is the custodian, imagine that company policy listed who he's authorized to give his key ring to, and the person demanding he turn them over AFTER arresting him on trumped up, later dropped, charges of corporate espionage, wasn't on the list? He'd be breaking the law to hand it over to her, said as much, and said he has to turn them over to somebody on his list of authorized recipients.

    --
    ASCII stupid question, get a stupid ANSI
  70. Re:the affected dickwad says: by pwfffff · · Score: 1

    yAAh fKc cuNVEnTiONxxs i tYp HoW i WAnT 2 dUn Giv NO FkS bOuT Any1 THinX

  71. Re:anyone here who defends this man by bill_mcgonigle · · Score: 1

    child's job description did not include the self-appointed position of deciding himself who should have access to the network configuration of a public utility.

    rIGHt , tHE seCURitY pOLICY - he WAS OperATIng UNdER preVEnTED . HIM FRoM revealing THE paSSworDS SO IT WasN''T seLF-APPOINTED (

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  72. Re:Intellecutal Property Laws are not difficult fo by DJRumpy · · Score: 1

    They didn't 'misplace' them. They knew exactly where they were placed. Obviously they did not have the passwords in their possession, hence the very reason for this man's arrest. They don't require that he 'wipe his memory'. The law does require that he surrender the information.

    It is well established that inventions or other IP created while under the employee of a company are the exclusive property of said company. There are countless cases that state this VERY clearly. He doesn't have a legal leg to stand on.

    By your logic, he could write the passwords down and bury it in some hidden location on their property to claim they are in possession. The law would laugh you out of court (and I daresay you know it).

    On a side note: Yes, your explaining it 'horribly badly'.

  73. Another admin with an ego by Anonymous Coward · · Score: 0

    Network admins that "own" their networks. Server admins that "own" their servers. DBAs that "own" their databases. Developers that "own" their code. The list goes on. The IT community is full of narcissistic prima donnas who believe no one can do the job better and, therefore, should be elevated to demigod status and allowed to do whatever they want, however they want, with no scrutiny or oversight. No, I'm not saying all IT folks are like that (though I think we all have a little of that within us). Rather, there are the few who see themselves as above all others, including company policy or even public law. Don't get me wrong--there is a place for the Terry Childs in the world, but allowing him, or any of his ilk, to work without restraint is the fault of management. Period. Terry Childs may be a rogue, but his management allowed him, nay, encouraged him to be so. Now, they are lamenting the fallout of their bad decisions.

    I don't blame the Pit Bull when it attacks and kills a child. I blame the owners. So does the law. Terry Childs is no more than a Pit Bull. A lot of talent and protective aggression locked up in a single-minded personality. No one controlled him, and he did what he believed to be right. Was he right? No. Should he have turned over the logon credentials? Absolutely. But he should absolutely NOT be blamed for the mess he created. His managers own that. Any manager who thinks they can trust an egotistical, almost maniacally single-minded personality to do what is right IN THE LARGER SENSE is asking for trouble. I know. I made that mistake as a young IT manager years ago, and we paid the price for my lack of oversight and overeager willingness to blindly trust.

  74. Re:there exists in this world by Anonymous Coward · · Score: 0

    I could read what you write, but I don't, because I think you're an antisocial ass who breaks convention just to feel special. Guess why.

  75. Re:anyone here who defends this man by VShael · · Score: 1

    I sure as hell hope that you never wind up on a jury for *anyone*.

    Your experience may vary, but in my dealings with Americans about 30% of people think like this gentleman.
    They are more concerned with punishment for moral abuses or perceived wrongdoings than with what they would call "technical legalities"

  76. i don't know anonymous coward, why? by circletimessquare · · Score: 0, Offtopic

    tell me all about hurling insults from a position of anonymity and what that has to do with being an antisocial ass. i'm fascinated

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  77. Re:If he wins will he have to retest for certifica by Atomm · · Score: 1

    The CCIE is comprised of two tests. The first is a written test taken at a standard testing center, IE Pearson VUE. Once you have passed the written, you can then take an 8 hour lab test as a Cisco facility. Passing both will grant you a CCIE.

    Cisco's rules for CCIE re-certification require a CCIE to pass a CCIE written test every two years to maintain certification. You do not have to take the lab test again unless you fail to pass the written in the two year time-frame.

    Given he has been in prison for 18 months, I would speculate that he will miss the 2 year deadline. I don't see Cisco making an exception for him either.

    Which is a shame, because as a Network Engineer, I feel he did nothing wrong. Of course, even if he wins the trial, he has still lost a lot due to the personal costs involved.

  78. Real Crime by Anonymous Coward · · Score: 0

    The real crime was that the boss didn't have the passwords before he was terminated.

    All our passwords are written down and locked in my boss's safe and updated regularly as I change them. If I get hit by a bus, they won't have to hack, reset, or sleuth around for the passwords like I did when I was hired, months after my predecessor had left.

  79. Exactly, this ain't that hard by SmallFurryCreature · · Score: 1, Interesting

    People of slashdot, this is VERY VERY simple. Go to the boss, the highest you can barge in on, hand him in writing your objections and the passwords AND your resignation. Have them signed and don't look back.

    NEVER EVER try to be clever within the system, you cannot win.

    Always do this especially when working with government or semi-government (Huge companies that either were once state run, work mostly for the state, are run by ex-state people or because of their size have become ministates. You know the type, where people were ties, even when they are not.

    This guy tried to be clever. It never works, you are never clever enough and the system knows how to deal with clever. Instead be smart, get out.

    This guy really should have just done as said above. Hand it off and get the fuck out of the way.

    There is good money to be made in this segment of the market, but only for those who can play the game and the first rule of the game is, don't get into the game if you don't know the rules.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Exactly, this ain't that hard by BobMcD · · Score: 1

      This guy really should have just done as said above. Hand it off and get the fuck out of the way.

      My fellow admins, remember also that your works are not your children. If you need to fulfill that nurturing instinct, find someone of the opposite gender and create actual children. Let the technological ones go. In the end you do not have anything approaching rights over what becomes of them.

    2. Re:Exactly, this ain't that hard by Anonymous Coward · · Score: 0

      ...the first rule of the game is, don't get into the game if you don't know the rules.

      Where did THAT rule come from?! Why wasn't I informed?

    3. Re:Exactly, this ain't that hard by 45mm · · Score: 1

      Go to the boss, the highest you can barge in on, hand him in writing your objections and the passwords AND your resignation. Have them signed and don't look back.

      Wish I had mod points for you, sir. Hindsight is 20/20 of course, but if there is a lesson learned from Mr. Childs' case this is most certainly it.

    4. Re:Exactly, this ain't that hard by Idiomatick · · Score: 1

      "Go to the boss, the highest you can barge in on, hand him in writing your objections and the passwords AND your resignation. Have them signed and don't look back. "

      He was already in prison at that point...

    5. Re:Exactly, this ain't that hard by tngaijin · · Score: 2, Insightful
      Your recommendations are great recommendations! My only problem with it as applied to Terry Childs is that they totally ignores his situation!

      Go to the boss, the highest you can barge in on, hand him in writing your objections and the passwords AND your resignation. Have them signed and don't look back.

      Care explaining how you do that while you are in custody at the police station?

      NEVER EVER try to be clever within the system, you cannot win.

      I totally agree with you. Absolutely do not violate policy on handing out root passwords by, let us say, giving them out to people over the phone, on speaker phone, in a room full of unauthorized people listening.

      Always do this especially when working with government or semi-government (Huge companies that either were once state run, work mostly for the state, are run by ex-state people or because of their size have become ministates. You know the type, where people were ties, even when they are not.

      Good point. Don't work for a company that is going to put you in a situation that you can't win if you do, can't win if you don't. It makes you the easiest target to become the person to take the fall. But then, if that happened, we would only have stupid people applying for public service jobs such as Mr. Child's. Is that really what we want?

      This guy tried to be clever. It never works, you are never clever enough and the system knows how to deal with clever. Instead be smart, get out.

      Once again don't work for that kind of system if this is always the case. And for a second time, he didn't have the option you are saying he had.

      This guy really should have just done as said above. Hand it off and get the fuck out of the way.

      Okay lets get serious for a second. This attitude of not rocking the boat is exactly what allows these sorts of 'systems' to become what they are. I guess we could all run away, ignore the glaring problems and move on to leave them to someone else. And as we all do that they will get worse and worse. Instead, I propose dealing with the problems. For example, if you are put in a position where people are abusing their authority to try and force you to do something that could cause harm to, lets say for example, a whole city, you should stand up against that. I hope that Mr. Childs wins this case and wins damages that are large enough that the whole tax base pays attention to what happened here and demands that heads roll and that these sorts of 'systems' are dismantled. I don't see how else to stop these sorts of 'systems' to become the norm when the common attitude seems to be to bury your head in the sand and move on when there is a problem.

      There is good money to be made in this segment of the market, but only for those who can play the game and the first rule of the game is, don't get into the game if you don't know the rules.

      I'm sorry I didn't realize that government was a game. I take it all back. Since it is all a game I guess it is perfectly okay to make 'good money' and ignore the problems inherent in the IT department of Frisco! I mean its a game! Tax payer money and public employee competence doesn't matter! What was I thinking!?!?

    6. Re:Exactly, this ain't that hard by Pichu0102 · · Score: 1

      Even if you do that, you'll find yourself screwed for life, blacklisted, in prison, or end up dead in a "tragic accident", all of which means homelessness and death within a year or so.
      People above you have too much to lose. Don't even try for such dangerous jobs.

  80. Re:If he wins will he have to retest for certifica by L4t3r4lu5 · · Score: 1

    Hopefully the next employer will know the details of this story (as they will be directly related to the line of work he manages) and will know that Terry was following policy by not divulging passwords to anyone but the Mayor... Which he did at the first instance of being asked by them.

    This man sounds like he takes pride in having everything done by the book, and doesn't bodge or workaround issues which shouldn't be worked around. Ideal admin, IMHO.

    You can bet that his documentation of the infrastructure he managed is pristine.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  81. Re:Intellecutal Property Laws are not difficult fo by LordAndrewSama · · Score: 1

    If I leave/am fired from my current company, are they allowed to ask me for the passwords a week later, because they lost them? and if I've forgotten them? do I end up in a court case for stealing? No, the company would be "laughed out of court"

    The IP is the companies, but they can't stop it from leaving in the minds of the people who leave the company. That's why there's usually clauses in contracts against using information to benefit a competitor.

    Also, by my logic, he could do just that, unless, while in the employ of said company, he was ordered to reveal the passwords.

    It sucks to be them, but they only have a leg to stand on if they demanded the passwords BEFORE firing him.

  82. Re:He had high security turned on that block passw by Atomm · · Score: 1

    He had high security turned on that blocked password recovery as some of the network stuff was out in open at some sites and not in a locked room. With the high security you have to do a full reset to get back in without a password.

    Which I would like to add is a standard Security Practice according to the DoD rule's for Network Security. As a CCIE and a person who understands Security, I would have expected nothing less from him.

  83. Re:Intellecutal Property Laws are not difficult fo by Anonymous Coward · · Score: 0

    The law does require that he surrender the information.

    Citation please. And not some bullshit about IP, because I have yet to see someone quote one decent case with any precedence that associates passwords with IP in any kind of scenario close to this.

    I'm sorry, but it's the responsibility of the company to lock his account and change the passwords the moment they walk him out the door. Just because they have no clue the proper thing to do in the IT industry doesn't mean that they can throw this guy in jail because they fire him then expect him to divulge information. When I quit a company I am expected to give back any IP documents, I'm not expected to brain-dump once I'm out the door. What would have happened if he would have went on vacation or been unavailable? Would there have been a warrant out for his arrest when he got back? It's ignorance on the part of the company, and rather than admit this and try to fix it they are prosecuting. They messed up, pure and simple.

    The case is falling apart and everyone knows that.

  84. Re:he committed a crime by Anonymous Coward · · Score: 0

    yes, but it isn't what you think. also bad bad analogy.

    1) the passwords were classified and he violated federal law by gving them out.
    2) the person requiring the turnover wasn't the owner, the citizens are the owners.

    he was bound by contract to never surrender the passwords to anyone including higher ups. the only person who should have got them would be his successor at the time he subscribed to a similar contract.

    a much more fitting analogy would be the major requesting a copy of the master key from the facility management of a public building. he wouldnt get it, but he would get in under supervision of someone who signed all the contracts for it.

  85. Did you miss the entire story??? by Anonymous Coward · · Score: 0

    Did you miss the entire story???

    He was asked by someone NOT ON THE LIST of people who had the right to ask him the passwords.

    It doesn't matter if he was asked by the Chief of Police or the state AG. If they weren't on the "need to know" list, they weren't going to get it.

    Or is it good enough that someone in a police uniform and a badge asks you for system passwords and says he cleared it with your boss (who isn't available to query)?

  86. Re:Why is this guy being treated as a Martyr to IT by weiserfireman · · Score: 1

    The door analogy is horrible. In this case it was more like he had the keys to the box that let him change access codes to the automatic door system for a building. The building never closed, the doors all functioned normally. Except for the manager who couldn't get to the controls, everything worked normally for everyone else.

  87. For the love of God... by L4t3r4lu5 · · Score: 5, Informative

    Will people please stop posting that Terry Childs was "being an ass about it"?! He didn't give up the passwords to his supervisor because policy prevented it. It would be a breach of contract (potentially criminally negligent) for him to divulge the passwords requested to anybody but the Mayor.

    Guess who got the passwords as soon as they asked? That's right!

    THE MAYOR.

    End of subject, folks. Stop posting about him "being an ass" or "getting what he deserves" or "setting a bad example." He set the best example by not caving in and handing the "keys to the realm" to some new face he didn't know the technical knowledge of, and was specifically prevented from releasing by the very policy which kept him employed.

    This is a PR campaign to save face and nothing else. Someone high up the food chain did something idiotic (calling the police instead of HR / legal dept) and blew things out of proportion. Now they have to see it through, or they'll look like fools and lose their jobs. CYA territory.

    I hope the lot of them are fired, and Terry gets to sue every last one.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
    1. Re:For the love of God... by Anonymous Coward · · Score: 0

      As you and the summary both point out, this is all about saving face. I've observed that many, maybe most of the f'ed up things done by state actors are usually about saving face, to the point of continuing wars.

    2. Re:For the love of God... by Ykant · · Score: 2, Interesting

      I decided to read a couple of articles about the situation after reading the parent post. That's led me to believe that IT admins everywhere should be supporting this guy wholeheartedly. When you get down to the point of it, this is a guy getting shafted as a result of sticking to the documented policy.

      I realize that it's a long-running joke around here that people don't RTFA. RTFA.

      --
      Spelling, grammar, punctuation? We need something that checks logic.
    3. Re:For the love of God... by Falconhell · · Score: 1

      Well said Sir, I am glad someone finally has laid it out in full.

      The ignornace of some of the posters in this thread is breathtaking.

      Mr Childs followed correct procedure to the letter.

      I too hope he sues and wins many millions from these pricks.

  88. But what then is the actual crime? by SmallFurryCreature · · Score: 1

    You are absolutely 100% right. And? What is Childs then guilty off? Being a jerk? An asswipe? An idiot? If that was a crime the jails would be full... fuller.

    The case is insane and yet already Childs has served 18 months in jail because of it. For what?

    Danger to security? What danger? If he is to blame then so are the people who were supposed to control him.

    What we got here is someone who made some really dumb choices but the result of it all has been nothing. He should pay for it, but 18 months I think is more then enough as well as the fact that nobody will every hire his nutty ass ever again.

    He never should have done what he did, but neither should he rot in jail for it. or can we lock up every overzealous politician and prosecutor as well? It will be standing room only in the jails.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:But what then is the actual crime? by ae1294 · · Score: 1

      What we got here is someone who made some really dumb choices but the result of it all has been nothing. He should pay for it, but 18 months I think is more then enough as well as the fact that nobody will every hire his nutty ass ever again.

      If he followed written procedure that he signed off on when he was hired I'D SURE AS HELL HIRE HIM!

    2. Re:But what then is the actual crime? by LaminatorX · · Score: 1

      HELP WANTED: Experienced FiberWAN designer/administrator willing to commit legal and professional seppuku rather than abet threats to system integrity from improper management requests contrary to stated policy and procedure. Compensation commensurate with experience. Benefits include clarity of purpose and unparalleled cred if eventually vindicated. Mild autism OK.

  89. He was fired for refusing by DJRumpy · · Score: 1

    They asked him for the passwords before he was fired. He didn't claim to forget them, he simply told them no.

    Am I missing something?

    Perhaps you should stick to the actual facts in the case?

    1. Re:He was fired for refusing by Vancorps · · Score: 1

      Perhaps because that is irrelevant to the case at hand. Even if a password is IP which its not since a password is used for identification and authorization and thus would need to changed immediately after the person is fired he was still under no legal obligation to expose passwords to systems that he protects.

      The whole case is stupid and I haven't heard anything that would be deemed criminal, violation of contracts sure are possible but that doesn't land you in jail. Once a company fires an individual that individual is under no obligation to the company. Even non-compete clauses don't hold up in court for this very reason. The city should have sued him for the information if they thought he had some obligation, not thrown him in jail and there were no laws broken unless of course he did access their systems after he was terminated.

      This case puts a lot of sysadmins in danger and that includes myself. I don't give passwords to my boss, I'm not required to nor would he ask for passwords since there is a blanket company policy of never give out a password. It's not needed for anything. When the owner comes up and says this guy needs access to everything I have access to he doesn't get my password, he gets his own logon with access to all the same things that I have. Asking for passwords is asinine.

      Everything management did and even admitted shows just has incompetent they were, they failed to maintain an access management system that would survive the bus test. If he had been hit by a bus they'd be in the same situation except without the passwords even to this day. Then asking him for the passwords in front of a large number of people all of whom are not authorized to have the passwords and you land yourself in a situation where Childs acted in the way that most security conscious admins would. Passwords are not IP, I have no idea how you came up with that ridiculous notion. Do you understand that information has to be copyrighted for it to be IP? There are only a very few circumstances in which copyright is automatic and this wouldn't qualify since a public works project doesn't retain any IP since it's by definition public.

    2. Re:He was fired for refusing by DJRumpy · · Score: 1

      "he was still under no legal obligation to expose passwords to systems that he protects. "

      He was also no longer in charge of the network you're referring to. He was removed from that group when they found that he wasn't following policy.

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

      Security requested the passwords from him, and they were authorized to access such information (they established the password policy to begin with and noted in the policy that if someone had questions they should contact security). Both the manager of security and the director request the password from him, yet he refused. They password policy itself stated that all system passwords must be kept in a security managed database. This is the primary reason he was terminated.

      http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf

      I guess we'll just have to wait and see if they consider the passwords company property.

    3. Re:He was fired for refusing by Vancorps · · Score: 1

      As I said, that is all irrelevant as its still not a criminal matter and thus, he should not be in jail. I don't think anyone questioned whether or not he should have been fired from his post. That is a different conversation and given his behavior it's understandable that he should be terminated especially since he was violating company policy. Again, this is NOT criminal.

      It also doesn't address the fact that he built an entire city wide network without following policy which means he was not properly supervised to begin with.

      This is a lot like my experience as a juror. The guy on trial was a total douche bag, so was the supposed victim. That doesn't play into whether he was guilty or not as you have to determine if he broke a criminal statute. We ultimately agreed that he did not and Childs also has not broken any statute, only violated policy repeatedly which is grounds for dismissal.

      Our company lawyer as repeatedly stated that passwords are personal property since they are used to identify a person. If they used my fingerprint for access to the building, that fingerprint is my data and not the company's even though the company is storing that information because it identifies me alone which is what a good access control system does.

  90. Re:anyone here who defends this man by vegiVamp · · Score: 1

    > child's job description did not include the self-appointed position of deciding himself who should have access to the network configuration of a public utility.

    Correct. District policy, however, apparently included providing the password to the mayor, and ONLY to the mayor. This is exactly what he did.

    --
    What a depressingly stupid machine.
  91. Re:anyone here who defends this man by sjames · · Score: 2, Informative

    He didn't decide for himself, he was following written policy.

    If I hire a general contractor to build my house and I instruct him to hire you to key the locks, he is your boss, but he is NOT entitled to a copy of the keys.

  92. Re:there exists in this world by jo_ham · · Score: 1, Offtopic

    So which is it? Do you deliberately ignore grammar rules because you think it's "a useless convention" or to "filter out brittle minds"?

    What happened to ignoring capitals being the measure of a superior writing system? Now suddenly you've instead claimed it is a "simple minds filter" to weed out people unworthy of attempting to read your words. It's interesting that you correlate a simple mind with one that has to put in a little more effort than usual to read a passage of text. It's not about understanding the content, it's about the way the brain works when it reads ahead. The capital letters do serve a purpose that you are ignoring.

    I personally think it's because you're lazy and the whole "breaking with useless convention" angle is just an excuse.

    Novelty in writing style is all well and good when done properly, but don't try to claim that's why you do it. Novelty in writing style is something like Portrait of the Artist by Joyce, which changes substantially as the book goes on to the point where it becomes like treacle by the end, or sticking to an iambic pentameter (love or hate either, they're merely examples). It's not just choosing to ignore capital letters. There's no novelty in that whatsoever; if I wanted to read prose with no capital letters I'd just browse livejournal or facebook for half an hour.

    Again you come back to the point that people who obey the rules of grammar have nothing to offer. I beg to differ, and would not necessarily claim the opposite (since it it clear that even illiterate people can be remarkably smart).

    It boils down to people judging your content based on your laziness with grammar.

  93. Re:Why is this guy being treated as a Martyr to IT by jc42 · · Score: 4, Interesting

    Bail should be set as a deterrent to flee before a trial is finished, not to keep someone indefinitely in a cell.

    And this is probably why they did it. His bosses probably knew (or were told by their lawyers) right off that they didn't have a chance of convicting him of anything. So they used one of the standard legal ruses to keep him in jail while they delayed the trial. It's not especially unusual for people to be jailed before a trial for longer than the longest legal sentence. It's even done when conviction couldn't get a jail sentence at all. The idea is to keep someone in jail as long as you can, by any means that will work. Then it doesn't much matter if the court exonerates them; you've shown that you can incarcerate them sufficiently long without a trial.

    Parts of the US Bill of Rights were designed to prevent this sort of imprisonment. It hasn't worked very well in this case. And it's not the first time that such things have been done in the US. Anyone not aware of this problem is naive and ignorant of history.

    The only real question is whether he can get restitution from the courts afterwards. History says he probably won't.

    This sort of story is why I gave up on security/admin jobs early on. I read some stories similar to this, and figured out that the non-technical people above my immediate boss were highly likely to pull such stunts, perhaps with me as a chosen victim. The only way to win that game is not to play it, because the higher ups can see all the cards and do all the shuffling. Of course, when I and thousands of others started figuring this out, it inevitably led to our current sorry state of widespread computer insecurity.

    One thing we might add to this story is a question about whether SF will be able to hire a competent person to replace him. I certainly wouldn't want to interview with them, except maybe to see if I could get some inside information about their current policies (after which I'd simply ignore any job offers).

    One thing I'd suggest to anyone in his position: If your superiors demand that you give admin passwords to non-technical people, you should hand in your resignation along with the passwords. Tell them right out why you consider this a threat to your own legal safety as well as the computer systems. Chances are they won't be surprised, because they knew what was planned. After all, anyone with the root passwords can edit any file and fake lots of evidence, including the timestamps on files.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  94. Re:there exists in this world by mythar · · Score: 1

    i could read what you write, but i don't, because proper spelling, grammar, and capitalization doesn't impart content, unlike content.

  95. Re:Why is this guy being treated as a Martyr to IT by BobMcD · · Score: 1

    If there's no law to fit his "crime," then by definition there is no crime committed.

    You do realize that it is possible to legally do wrong without committing any specific crime?

    Tort? Misconduct?

    Laws vary by jurisdiction, and the devil is in the details, but the lack of a 'turn over passwords' law on the books means very little. There exist catch-alls for this sort of thing in both civil and criminal arenas.

  96. Re:Intellecutal Property Laws are not difficult fo by jim_v2000 · · Score: 1

    >It is well established that inventions or other IP created while under the employee of a company are the exclusive property of said company.

    Ok, so he can't give the passwords to another company or publish them. He's still not under any obligation to tell them the passwords after he's been fired anymore than a programmer would be obligated to tell his company the source code for some proprietary application after he'd been fired.

    What if next week they lose the passwords again...should he be compelled once again to tell them the passwords? No. They should have had a system in place to document this kind of information.

    --
    Don't take life so seriously. No one makes it out alive.
  97. Re:Why is this guy being treated as a Martyr to IT by Monkeedude1212 · · Score: 1

    To punish him for breaking no laws would be absurd and your assertion that he should is equally absurd.

    While I think the thread's parent is a bit of an idiot, I think THIS is the point where alot of the disagreement comes up.

    Ideally, we should be trying to uphold the spirit of the law, not just the law itself. We make laws as "general" as possible so that they are easier for the public to understand, and that way there doesn't have to be a trillion different laws to cover every single scenario, which no person could memorize each one.

    What we should be asking isn't "Did this guy break the law and deserve punishment" but rather "Did this guy do something morally wrong and deserve punishment". When people are able to dodge laws and abuse the system, everyone else loses. And I don't know about you guys, but I hate losing.

  98. Imagine that conversation by paragon1 · · Score: 1

    Apparently all Childs had to do was give the mayor the passwords. Perhaps it has to be done in writing and in person to limit the possibility of social engineering. (I don't know the specifics of the policy.)

    However, mayors have busy schedules, so this probably wasn't very convenient. This doesn't entirely explain why they threw him in jail, though.

    I'm trying to envision the conversation here between the new boss and Childs.

    Police: We can make it all go away, Mr. Ander-uh, Childs. Give you a fresh start. Just work with us here.
    Childs: How about I give you the finger *flip*, and you give me my phone call?

    I'm guessing Childs was less than diplomatic about his refusal to hand the passwords over. It was probably fun at the time, but after 7 months in jail I'm guessing he regrets it. (I would)

    I do agree that the treatment he has received does NOT justify the apparent "crime" but nevertheless this is a good lesson for the kids here:

    Don't be an asshole. You might find out you're pissing off a bigger one.

  99. Re:Why is this guy being treated as a Martyr to IT by sjames · · Score: 1

    Sure, it's plumbing (just a series of tubes?), but when unqualified people are allowed to mess with the regulator, the water heater can burst.

    If the painter asks him how to crank it to 150 p.s.i. he is perfectly right to insist that he will tell the home owner and ONLY the home owner how to do that (and why he shouldn't).

  100. So? He "forgot" by Mathinker · · Score: 1

    > He is still obligated to supply the passwords as they are not his property.

    You cannot be obligated to remember something. If he had had a stroke, and was incapable of remembering the passwords, do you believe that the city could sue him or jail him for that?

    My reading on this fiasco is that he had something similar to a nervous breakdown which made it impossible for him to deliver the passwords on demand. Other posters here have stated that it was actually against his employer's policy for him to give the passwords to the person asking for them. In that case, it was kind of the "give the computer a nervous breakdown by contradictory demands" scenario, a la Star Trek and numerous other SF works.

    1. Re:So? He "forgot" by DJRumpy · · Score: 0, Troll

      He didn't claim he forgot. He gave them false passwords. He can't even claim he forgot, as the records show he exercised his admin credentials AFTER he was terminated for refusing to give them the passwords.

      http://www.bluoz.com/blog/index.php?/archives/743-Terry-Childs-gets-most-charges-dropped.html

    2. Re:So? He "forgot" by Mathinker · · Score: 1

      > He didn't claim he forgot.

      I didn't claim he claimed he forgot. But you did forget to reply to the gist of my post. He could easily claim he was incapable of supplying the passwords.

    3. Re:So? He "forgot" by AK+Marc · · Score: 1

      He can't even claim he forgot, as the records show he exercised his admin credentials AFTER he was terminated for refusing to give them the passwords.

      I never saw that. I skimmed through you link and didn't find that. I saw in the application for the arrest warrant where the pager went off with an administrative page that someone at the company said means he probably accessed the network. But then, they could have been mistaken (or even lied to the cop, knowing no one would ever find out) that some administrative page requires that he got in after. That's the only evidence, and nothing I've seen explicitly states what the page was about. "User "admin" logged on from 192.168.1.2 [his workstation]" would be one thing, but "we got a page and that means he had to have been doing something" just doesn't cut it. There are no "records" at most it's "record" and that record of his access is a single page of unknown contents sent after he was fired.

      On to the purely hypothetical:
      Even if it was him logging in, it's possible he did something like just remove his private email from the pager list. I know multiple people that set them up to page private email addresses because those are easier to track at home. So, would doing something like that be illegal? Yeah, you logged in equipment after being fired, but did so only to "improve" it by not having it waste resources sending out useless updates to ex-employees (perhaps a violation in and of itself).

  101. Re:Why is this guy being treated as a Martyr to IT by sjames · · Score: 1

    There are very good reasons the Constitution forbids making up laws after the fact (ex post-facto laws). If there's no law that covers it, that's the end of it. The legislature is perfectly free to pass a law covering that action in the future so they can prosecute the next guy.

  102. Re:Why is this guy being treated as a Martyr to IT by sjames · · Score: 2, Informative

    He didn't do that though. He told the managers that he would turn the password over to the mayor (the OWNER's duly elected representative). A few days later, the mayor asked him for the password and, as promised, he told him.

  103. Free Terry Childs, Tech Political Prisoner by Anonymous Coward · · Score: 0

    Shameless copy paste, but linking as a good article:
    http://blog.american-helpdesk.com/2009/09/03/terry-childs-political-techie-prisoner.aspx

    Terry Childs, Political Techie Prisoner
    As a techie and having gone to school for broadcasting, I have been particularly interested in the San Francisco Network Engineer who has been in jail for allegedly hacking SanFran's network. From what I have read on the issue, it sounds more like a lack of competent management, following of ITIL rules, idiot reporters, poor HR, political bullying and typical lack of understanding/fear of technology and now a complete disregard of the 6th and 8th Amendments to the Constitution .

    To give a brief history, 14 months ago Terry Childs was the lone CCIE working for the City of San Francisco, one of the largest cities in the country. He administered all of their networks, data and voice. Apparently, as the only CCIE (certified cisco internet engineer) he worked long odd hours and typically was not the friendliest of people but from all accounts, a very, very good CCIE with a security minded implementation of the network. He took pride and ownership of that network (perhaps too much ownership).

    Due to his unfriendly nature (probably due to the fact he had no backup, ITIL process break number one) he was not liked by his non-technical manager. When asked to give access to non-certified and non-technical team members, HR and politicians and police, to "help" he refused as part of the City policy (http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf). He did give them viewer access so they could cause no harm. Apparently, as the only person on-call and qualified to work/fix the network, he had been burned by previously giving passwords to low level techs who decided to play on the network and had to fix network issues in the middle of the night/day.

    There of course was no master password database with the CIO (ITIL process break number two) when the manager fired Mr. Childs. He was hired back after the firing broke union rules. Note: they didn't ask for the passwords before firing. Once back, from all accounts, nothing broke, nothing changed, but he did act more like a jerk. After more time he was fired again following union rules, then was asked for passwords (ITIL practice break number three). Under no obligation to give passwords, as he was no longer gainfully employed by the City of San Francisco, he declined. At this point his saga began as he was promptly arrested for 4 counts of computer hacking.

    Over the next month, the City and its officials put out press releases noting the network was hacked, under attack, they expected retribution from Terry Childs remotely from jail, that he had monitoring devices setup to read their emails, he could take the whole network out at a whim, etc, etc.

    Yet, the network never went down.

    The city did hire in Cisco to try to break into their own network...which they were unsuccessful showing the above noted security conscious and skill as a CCIE he possessed. Yet, the network had no issues. His attorney noted he would give the passwords if he was not prosecuted and the city refused, so he sat on the passwords while the media reported all kinds of crazy unfounded theories that sound scary to the non-technical person.

    The media reported of evil network sniffers, and modems waiting for remote command, and IPs set aside that were the only ones allowed to change the network in the configs, and passwords too complex to guess (oh and he had been arrested 20 years ago for theft). In reality, this is a standard secure network, sniffers are used to monitor traffic to adjust as needed and troubleshoot, remote administration is typically locked down and if you can guess a password...so can a hacker.

    After a month the mayor, Gavin Newsom, met in secret with Terry Childs who gave the passwords up and the city finally

    1. Re:Free Terry Childs, Tech Political Prisoner by DJRumpy · · Score: 1

      From page 4 and 5 of the affidavit:

      http://weblog.infoworld.com/venezia/childs/tcramsay_affidavit1.pdf

      During the interview with Director Robinson, Child was asked if he had implemented disaster recovery procedures, documented the network under his control, and/or if he had made required backups on devices as is policy. His answers were "No".

      Mr. Maupin and City Staff were not able to gain access to these devices, nor were they able to locate any documentation, network maps, or configuration files that would allow an authorized person to perform maintenance or rebuild the configuration on these devices.

      This is now what I would categorize as a good admin. I would have fired him as well.

    2. Re:Free Terry Childs, Tech Political Prisoner by Fulcrum+of+Evil · · Score: 1

      Really. And what if the reason was that he was never given budget to actually do these things?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  104. so he spent 18 months in jail by G00F · · Score: 1

    SO he has spent 18 months so far in jail, and will spend more.

    Can he sue or get some collection to the damages they have done to him and his name? Isn't he suppose to have a speedy trial, and here he is, spending nearly 2 years in jail for what crime?

    --
    The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  105. So.. by JonJ · · Score: 1

    A woman sleeps her way up the corporate ladder and cries when the competent admin refuses to give her the passwords. This is just a bitch destroying a guys life.

    --
    -- Linux user #369862
  106. Similarity with my Credit Card details phonecall by stimpleton · · Score: 1

    I inadvertently missed a credit card payment, so the CC company phoned me.

    In short, what followed, was a mumbling identification of person with several rapidfire demand for details such as dob, card expiry, address so he could "verify me as the card holder".

    I declined to answer firmly, and I said I will call them. He got irate and made a terse comment. I then called the CC company. The pleasant woman explained the situation and problem resolved ( it was flagged "possible mispayment" because I am usually regular.).

    The one surprise was she asked if everything was ok as "the last customer contact is tagged Customer was Abusive".

    If you hold onto your guns and do what the banks say and never give personal information out over the phone or internet then in this case in turned to custard.

    I have reported this incident, but i suspect someone need to do track covering, like I suspect they did in this case when the Admin did the right thing.

    --

    In post Patriot Act America, the library books scan you.
  107. Citation needed by Mathinker · · Score: 2, Interesting

    > The water treatment plants were amongst the infrastructures that he disabled.

    This is the age of the hyperlink. Please provide one.

    As for him deserving 20 years, it seems to me that it can never be a crime to forget something. In the same vein, it would seem to me that it cannot be a crime to be psychologically incapable of providing information. Other posters have claimed that it was even against his ex-employer's policies to provide that information.

    I wonder if we will ever learn the real truth about this matter. It's fairly clear what version the city government would like to be revealed as the "the truth".

  108. What his duties required him to do by Mathinker · · Score: 1

    Other posters have claimed that the city's policies actually forbid him from divulging the passwords, i.e., "what his duties required him to do".

    This case will be interesting. I cannot see how a US court can possibly make it a crime to not divulge information. OTOH, in some jurisdictions, it can be a crime (e.g., in the UK not divulging an encryption password to the court is a crime).

    1. Re:What his duties required him to do by DJRumpy · · Score: 1

      I agree. I think the policy being floated around is in regards to personal employee passwords. I'm curious if they will try to apply the policy to all infrastructure equipment as the routers would require a different username/password for admin access.

    2. Re:What his duties required him to do by Anonymous Coward · · Score: 0

      Yeah, it makes sense that there would be a strict password policy for personal passwords (which you've already claimed can't exist anyways since they are actually company IP (whatever that means)) and a more lenient or non-existent password policy for admin passwords.

  109. Re:anyone here who defends this man by Anonymous Coward · · Score: 0

    Wow this is hard to read.

  110. Re:Why is this guy being treated as a Martyr to IT by Culture20 · · Score: 1

    If I hire say a lock smith to work on my house, and then they do not provide the key to the house but instead say rob it or trash it, there is all kinds of laws to fit those crimes.

    This is much more like you hiring a professional lock company to fit your doors with their locks. They have master keys to all their cores, and they always will. If you don't want to do business with them any more, it's your right, but you'd better hire another locksmith fast (preferably, hire the old lock company for one last time to help remove the locks since they have the masters that can remove the cores).

  111. Re:Why is this guy being treated as a Martyr to IT by Anonymous Coward · · Score: 1, Informative

    ...he really didn't have a right to do what he did and treating him like some sort of hero is just asinine and, much like Christmas, something I wish would just be overwith already.

    Actually if you read some of the infoworld articles he did what the city's network policies/regulations/rules expressly compeled him to do. According to the articles, the only person in the city gov't that Child's was permitted to provide the passwords to was the Mayor! Fruthermore, when he was first asked for the root-level passwords he was in a police station conference room full of people he didn't know with an active speakerphone with who knows who on the other end of it. Nobody in that room, according to the city rule book was authorized to know these root passwords! He followed the rules to the letter and has been sitting in jail for 18 months for doing his job according to the rules. If you read some of the articles on this case, the technical/legal ignorace of city officals is astounding.

  112. Think of the Childs! by Tetsujin · · Score: 1

    Honestly, won't anyone think of the Childs?

    --
    Bow-ties are cool.
  113. Political Tech Prisoner by americanhelpdesk · · Score: 1

    http://blog.american-helpdesk.com/2009/09/03/terry-childs-political-techie-prisoner.aspx As a techie and having gone to school for broadcasting, I have been particularly interested in the San Francisco Network Engineer who has been in jail for allegedly hacking SanFran’s network. From what I have read on the issue, it sounds more like a lack of competent management, following of ITIL rules, idiot reporters, poor HR, political bullying and typical lack of understanding/fear of technology and now a complete disregard of the 6th and 8th Amendments to the Constitution . To give a brief history, 14 months ago Terry Childs was the lone CCIE working for the City of San Francisco, one of the largest cities in the country. He administered all of their networks, data and voice. Apparently, as the only CCIE (certified cisco internet engineer) he worked long odd hours and typically was not the friendliest of people but from all accounts, a very, very good CCIE with a security minded implementation of the network. He took pride and ownership of that network (perhaps too much ownership). Due to his unfriendly nature (probably due to the fact he had no backup, ITIL process break number one) he was not liked by his non-technical manager. When asked to give access to non-certified and non-technical team members, HR and politicians and police, to “help” he refused as part of the City policy (http://www.sfgov.org/site/uploadedfiles/dtis/coit/Policies_Forms/CCISDA_security.pdf). He did give them viewer access so they could cause no harm. Apparently, as the only person on-call and qualified to work/fix the network, he had been burned by previously giving passwords to low level techs who decided to play on the network and had to fix network issues in the middle of the night/day. There of course was no master password database with the CIO (ITIL process break number two) when the manager fired Mr. Childs. He was hired back after the firing broke union rules. Note: they didn’t ask for the passwords before firing. Once back, from all accounts, nothing broke, nothing changed, but he did act more like a jerk. After more time he was fired again following union rules, then was asked for passwords (ITIL practice break number three). Under no obligation to give passwords, as he was no longer gainfully employed by the City of San Francisco, he declined. At this point his saga began as he was promptly arrested for 4 counts of computer hacking. Over the next month, the City and its officials put out press releases noting the network was hacked, under attack, they expected retribution from Terry Childs remotely from jail, that he had monitoring devices setup to read their emails, he could take the whole network out at a whim, etc, etc. Yet, the network never went down. The city did hire in Cisco to try to break into their own networkwhich they were unsuccessful showing the above noted security conscious and skill as a CCIE he possessed. Yet, the network had no issues. His attorney noted he would give the passwords if he was not prosecuted and the city refused, so he sat on the passwords while the media reported all kinds of crazy unfounded theories that sound scary to the non-technical person. The media reported of evil network sniffers, and modems waiting for remote command, and IPs set aside that were the only ones allowed to change the network in the configs, and passwords too complex to guess (oh and he had been arrested 20 years ago for theft). In reality, this is a standard secure network, sniffers are used to monitor traffic to adjust as needed and troubleshoot, remote administration is typically locked down and if you can guess a passwordso can a hacker. After a month the mayor, Gavin Newsom, met in secret with Terry Childs who gave the passwords up and the city finally was able to get back into their networkwhich still hadn’t had an issue nor went down. Yet 14 months later Terry Childs is

  114. Re:he committed a crime by Wowlapalooza · · Score: 1

    You've obviously already prejudged him. "He committed a crime".

    But it's an open question, legally, whether refusing to divulge passwords constitutes "denying service ... to authorized users" of that network. The "denying service" charge is, after all, the only one of the original charges that hasn't been thrown out by the judge.

    I think everyone agrees that the employment separation could have been handled more calmly and professionally. But what's of more legal importance are the post-separation consequences of Terry refusing to hand over the passwords. Was there a "denial of service"? Or not? If Terry's former managers wanted to minimize the "denial(s) of service", presumably they could have carefully reset-to-default and reconfigured the pieces of the network infrastructure for which they didn't have passwords. Sure, that might be costly and time-consuming, but that's what you get when you force out your main network wizard under tumultuous circumstances. Maybe they'll think twice about it next time...

    Of secondary importance, I would think, would be Terry's intent in refusing to hand over the passwords. Did he intend, by doing so, to cause a "denial of service"? Or, did he have a good faith belief that divulging the passwords, to the person or persons requesting them, would actually cause more harm to the network -- more "denials of service" -- than keeping them secret?

    Let's not forget that Terry did eventually divulge the passwords to the mayor. So it was really more a question of "who" and "when", than "whether" he would eventually give them up. He may have believed that Gavin Newsom was the only person in the city administration with enough clout to hold the network staff responsible if they took those passwords and used them to make a complete mess of the network that Terry worked so hard to build up.

    The progress of the trial should be quite interesting. Despite circletimessquare's superficial analysis, there are some important legal and ethical issues being tested here.

  115. You do install 200 of MS Office and call the bsa a by Joe+The+Dragon · · Score: 1

    You can install the 200 copys of MS Office and call the bsa and you get off clean.

  116. He did not have user password he had group passwor by Joe+The+Dragon · · Score: 1

    He did not have user password he had group passwords that where needed to do his job and else touch his precioussssss network? no they where cutting jobs and there are no other person to work on the network with him.

  117. What if a CEO or VP of air line asked the pilot if by Joe+The+Dragon · · Score: 1

    What if a CEO or VP of air line asked the pilot if he can fly and he is not certified to fly that plane / does not have a license? The pilot can say no lock the door and even if he fired on the spot he can't just let any one fly seem like Terry was in the same place.

  118. Re:You do install 200 of MS Office and call the bs by Aqualung812 · · Score: 1

    Ok, that somewhat answers my first question, but what about the second, and a 100 other business ethics examples I could come up with that the BSA doesn't solve?

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  119. Re:Why is this guy being treated as a Martyr to IT by St.Creed · · Score: 2, Insightful

    Oh, Please! IT infrastructure is the plumbing of the 21st century. This guy is a plumber. It is not his job to decide who should or should not have access to the network any more than it is the job of the master control technician at NBC to decide what to air at 8pm on Thursday nights.

    So, let's run by this completely hypothetical scenario then. Say, you are in charge of the plumbing at a facility called "Chernobyl" and your supervisor is asking you to run a few tests, that violate the security protocols.
    Since he's just a plumber (or operator) I guess you're with the Chernobyl supervisor here... enjoying the glow-in-the-dark effect...

    Terry Childs said no. I'm with Terry. Policy isn't there to be ignored the first time someone tells you to. Especially if the policy is much smarter than the person telling you to ignore it.

    --
    Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
  120. Re:Security Rules by Phrogman · · Score: 1

    In some institutions the security rules are absolutes. I think it sounds like Childs did exactly the right thing: he obeyed the security policies of his organization to the letter, since he would be criminally liable for not doing so.
    I know when I was in the military and handling TS documents, we had clear rules as to who was allowed access to material and facilities and when they were allowed access. If I had failed to obey those rules I would have been liable and punishable.
    He really didn't have any choice in the matter IMHO. Now there are lots of people who seem to subscribe to the idea that "Your Boss is an absolute despot with all rights over your person" concept of employment, and I am sorry for them. I hope I never have to work in an environment like that. As long as there is a clear policy over who is granted the rights to security information, and the employee follows it, I don't see the problem.
    This is a case of people who are clearly unknowledgeable about their own security policies being given too much authority - and incidently proving Child's point that they were not skilled enough or responsible enough to be entrusted with the the "keys to the kingdom" - and he wasn't authorized by those same policies to hand the passwords over in any case.
    He is damned if he did and damned if he didn't. If he had handed them over against policy, and anything had gone wrong, he would have been held liable and ended up in jail on charges.
    I don't honestly know why this is being blown so much out of proportion. I sincerely hope he is exonerated and compensated for the time he spent in jail.
    Of course in our modern corporate climate, I expect he will be nailed and sent to jail for 10 more years. I don't expect justice in NA these days, it just seems too optimistic :P

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  121. Re:there exists in this world by Falconhell · · Score: 0, Offtopic

    Crap CTS, you are simply lazy.

    We all know it and your pathetic excuses for your incomptence frankly are ridiculous.

    Grow up and learn to write properly, and more people might read your posts

  122. idiots who don't know the law by tomhudson · · Score: 1

    So it's his word against theirs, and the only thing that anyone agrees on is that the boss asked for the van and didn't get it. That's stealing and a violation of policy. Jail for him.

    Can't be jailed based on the "preponderance of the evidence". That's civil, not criminal. Criminal is "beyond a reasonable doubt." So if it's one persons' word against another, all else being equal, a conviction just isn't possible. So kindly FOAD already with your stupid counter-examples. You don't know what you're talking about, and it really shows.

    Then again, you didn't know what "due process" was either in another thread ...

    1. Re:idiots who don't know the law by AK+Marc · · Score: 1

      Can't be jailed based on the "preponderance of the evidence". That's civil, not criminal. Criminal is "beyond a reasonable doubt."

      Convicted, not charged. At least you titled your post clearly so we knew it was coming from someone that was an idiot that didn't know the law.

      So if it's one persons' word against another, all else being equal, a conviction just isn't possible.

      Wait, convicted or just charged/jailed? You are contradicting yourself.

      Not to mention, have you ever been pulled over for speeding? Go to court. State "I was going the speed limit, and not over" and the cop will say "I saw you going faster." Tell me whether one person's word against another will get you convicted. Go ahead, tell me that you'll get away scott free because one person's word can't convict someone.

    2. Re:idiots who don't know the law by tomhudson · · Score: 1

      I've seen several traffic cases where, because it was only one officers' word against a citizen, the citizen won. I've also won against a cop by invoking a constitutional argument that forced the city to rewrite their bylaw (left-hand turn). And another one ($15 parking ticket) where after I won another city had to send crews out to modify almost every parking sign. That's not including my victories in higher courts. After over 1,000 hours in various court cases, I'll stack my win/loss record against any prosecutor or professional lawyer.

      And no, you won't even get charged with theft for refusing to give the keys to a company van to a drunk boss. Get over it, stupid.

    3. Re:idiots who don't know the law by eosp · · Score: 1

      Traffic violations are "preponderance of the evidence", at least in my state.

    4. Re:idiots who don't know the law by AK+Marc · · Score: 1

      I've since moved away, but I was raised in TX where traffic violations were criminal misdemeanors. You could get a jury trial for a speeding ticket if you wanted. They were a real crime, and you got all the protections. I have heard that they were thinking about dropping them down to "infraction" level, but I don't know if they have, and I didn't realize that they are essentially civil, with the lower standard of evidence. When they were criminal, you still lost if it was one person's word against another's...

    5. Re:idiots who don't know the law by AK+Marc · · Score: 1

      And no, you won't even get charged with theft for refusing to give the keys to a company van to a drunk boss. Get over it, stupid.

      Wait, so denying the authorized company representative use of the company equipment isn't theft? But a password, which isn't company equipment, but a thought of the employee, will get you charged with theft? That's some weird world you live in.

    6. Re:idiots who don't know the law by tomhudson · · Score: 1

      You're such a retard. How old are you, 10?

      And no, you won't even get charged with theft for refusing to give the keys to a company van to a drunk boss. Get over it, stupid.

      Wait, so denying the authorized company representative use of the company equipment isn't theft?

      Nope. Go ask any cop. It's not legal to drive drunk, and ANYONE is allowed to intervene to prevent it by, among other means, confiscating their keys. Has nothing to do with being an employee. Same as you can bar the owner of the company from entering areas that by law require a hard hat or other safety equipment if they aren't properly equipped - AND use all necessary force. You won't be found guilty of assault or unlawful restraint - your boss, on the other hand, if he uses force to resist, can be charged with assault.

      BTW - Pics or it didn't happen. There's no way anyone can believe that Peter Watts and his friend, between them, didn't have ONE cell phone with a camera.

    7. Re:idiots who don't know the law by AK+Marc · · Score: 1

      That's irrelevant. The day after, he goes to the police. "tomhudson refused to let me use the company van and stole the keys, I want him charged." And you agree that you did deny me use of the van. Both parties will agree that you "stole" it. Of course, I'll swear in court that I wasn't drunk and you are making that up to cover for your theft, and you'll have nothing, other than your confession of theft, to stand on.

  123. He has aspberger's by Anonymous Coward · · Score: 0

    I will bet any amount of money on it that he is a soulless robot like most of the posters on slashdot.

  124. Poor sod, work in bigger companies. by jotaeleemeese · · Score: 1

    Audits, by their own nature, have to be heavy handed some times.

    How are people supposed to know if you are following procedures if the procedures are not tested?

    --
    IANAL but write like a drunk one.
  125. Get out of your basement. by jotaeleemeese · · Score: 1

    "Your *boss* tells you to do something? Then you fucking do it! "

    Anybody that has worked in any middle sized company or any multinational corporation knows that what you are saying above is completely and utterly incorrect in many cases.

    There are many situations in which you are not supposed to obey your boss, and in some very unpleasant ones you are even obliged to follow procedures to report your boss' behaviour to compliance authorities in your own company.

    If your boss tells you "lets go and rob that old lady crossing the street" would you also do it? Do you think you would be exonerated in a court of law?

    Some people really should think first when they write (and the moderators should also pause some times).

    --
    IANAL but write like a drunk one.
  126. The passwords are not property. by jotaeleemeese · · Score: 1

    There are a few bits, data. You can't steal data. Get that into your head please.

    Why the company didn't have a copy of them?

    Why their exit procedures didn't include to ensure all necessary passwords were handed over (in reality the correct procedure would have been for the passwords be known by somebody else or stored in a secure location to which other pople in the company could have access).

    --
    IANAL but write like a drunk one.
  127. You don't have to determine anything. by jotaeleemeese · · Score: 1

    You follow your company's policies.

    If your company does not have policies for this:

    a) They are a bunch of amateurs.
    b) They should start writing them ... now!

    And BTW, all this should be requested formally (in writing or by means of the internal change management procedures or problem ticketing system).

    --
    IANAL but write like a drunk one.
  128. Mod parent up by pyrr · · Score: 1

    The information presented is a bit one-sided because it comes from the criminal investigation of Mr. Childs, but it's half of the story. The half of the story that arrogant geeks on /. don't want to hear because they all assume that Mr. Childs is just a misunderstood genius who was just doing his job and was persecuted for it. Projecting, much?

    Much of what's in the affidavit is conjecture, opinion, and hearsay, but if the core of the matter is that SF County policy was indeed that security was charged with keeping a database of passwords, and Childs thought he was above that policy, he was probably wrong, regardless of all the other crap that they're trying to pin on him.

    1. Re:Mod parent up by DJRumpy · · Score: 2, Informative

      The guy was creepy. When he was arrested, his PC contained pages and pages of usernames and passwords. He had $10,000 in cash on him when he was arrested, and a loaded 9mm.

      No one on here wants to hear those details. He was a saint. A true hero. Whatever, mark the info above as Trolling (not even sure how that applies, as those are public records from the case as well as the official SF security policy), but it is what it is.

    2. Re:Mod parent up by HungryHobo · · Score: 1

      Incorrect,

      "Following his arrest, police searched his house and workspaces. Police turned up 9mm and .45 caliber bullets, but apparently no weapons"

      No gun on him, they did find a small quantity of ammo in his house.

      Where did your "pages of usernames and passwords" thing come from?

    3. Re:Mod parent up by DJRumpy · · Score: 1

      Page 6 contains info on the fact that he was phishing pages of usernames and passwords. They found them on his computer.

      http://weblog.infoworld.com/venezia/childs/tcoppositiontoreduce_bail.pdf

    4. Re:Mod parent up by HungryHobo · · Score: 1

      Reading that one thing jumped out at me as really weird...

      "had sent a copy of the configuration to US copyright office"

      This makes no sense to me....

    5. Re:Mod parent up by DJRumpy · · Score: 1

      I missed that. Where was it?

    6. Re:Mod parent up by HungryHobo · · Score: 1

      middle of page ten.

      Why would he send copies of of network configurations to the copyright office I have no idea.....

  129. That is one HELL of a security audit by CoolCalmChris · · Score: 1

    Sorry, couldn't help myself.

    I dealt with SF city bureaucracy on a daily basis- specifically, as a researcher in civil and criminal court- for six years, and I got to do things that I'm fairly sure were entirely against policy...for example, when I had to do copy jobs that exceeded 500 pages, I would hand over my ID and get a pass to go in the back to do my work. They do this so the public viewing area won't get clogged with photocopiers, fileboxes and what not.

    So far, so good...here's where I start to question their judgment. Now, I don't know if it's because I have an honest face (I'd like to think so) but I was allowed to go pull my own files out of the stacks. This saves the clerks time, because sometimes I would need to pull dozens of volumes to get the documents I needed. This is probably legal, but for obvious reasons it's not a very good idea.

    When we were finished with the files, we were supposed to put them on a cart and either leave them in the station with a note on them saying "Not done yet, please leave these alone" or to wheel them back to the returns area so they could be refiled in the stacks.

    However, oftentimes I would be asked by the clerks if I could, you know...do them a favor and put my files away when I was done viewing them. Again, there's probably no rule saying that this isn't allowed, but you'd be surprised at how easy it is to screw up a relatively simple numerical filing system....hell, the clerks did it all the time. Fortunately for everyone involved, I can count and was familiar enough with where everything went- every time you pull a file, it gets replaced with a card that has your name on it so they can yell at you if it turns up missing. Since I never got yelled at, I'll assume I wasn't part of the problem.

    In retrospect, it seems really irresponsible on the part of the clerks that allowed me to do this even though it was convenient for everyone concerned and I demonstrated that I was trustworthy (and smart) enough to be left to my own devices...but it made me realize that it's not inconceivable for someone to go in there with a photocopier and a job sheet and throw one hell of a monkey wrench into the SF Superior Court filing system.

  130. Childs was being fired by deananderson · · Score: 1

    The comments to date seem to ignore the fact that Childs was being fired, and THEN refused to hand over the passwords. Suppose a police officer refuses to hand over his gun and badge, and keys to the jail when fired, but decides to hold the whole town hostage to his physical control over the gun and jail? We would pretty quickly label that (former) police officer a terrorist, and pretty quickly get state and federal aid to retake control of the town. Similarly, Childs has held the City hostage by refusing to turn over the passwords. I'd call that cyber-terrorism. I wouldn't feel too sorry for him if they put him in Guantanamo. I've been in this industry for 20+ years, and its just crazy to think that one can prevent being fired (and force firing the supervisor instead) by refusing to turn over the passwords. That nonsense about the "Mayor" is just nonsense: Child's supervisor is the authorized, delegated representative of the Mayor. This dispute wasn't about getting an audience with the Mayor. My view is that Childs was trying to force them to fire the supervisor and to employ him. The City's only mistake was to allow the situation that only one person has the passwords. One person is just not that trustworthy.

    1. Re:Childs was being fired by baptiste · · Score: 1

      Your analogy is not quite right. Given what we now know, he was fired and asked for his passwords which was against their policy. The only person he could give the passwords to was the mayor. Knowing that - let's revisit this analogy. Small town police department rules say upon termination your gun must be turned in to the Police Chief only. You get terminated by the town manager and he asks for your gun. You say no way - only the chief is allowed to have it. By giving your gun to a civilian employee who may or may not have a clue how to use it or even properly store it creates a dangerous situation. So you stand your ground and when the chief is called over to deal with your supposed insubordination, you hand your gun to him like policy dictates and that's that. Unless you can show that the SF policy in question designated any immediate supervisor as the Mayor's designee when it came to those passwords, you're blowing smoke. Many companies have strict guidelines as to who can ever ask for and receive the master passwords, certificate keys, etc. Often immediate supervisors cannot - scroll up and look for the 'security audit' post where someone's boss came in, argued with them for some time asking for the passwords, he refused as policy forbid it - only the company president and a handful of other people could ask for them ,and shortly afterward the company president walked in thanking him for standin ghis ground - it had been an audit to make sure the policy was being followed