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Terry Childs Found Guilty

A jury in San Francisco found Terry Childs guilty of one felony count of computer tampering. The trial lasted four months. Childs now faces a maximum sentence of five years in prison.

982 comments

  1. I guess my gut feeling was right: Fuck the users by Anonymous Coward · · Score: 1, Funny

    Cause they seem to think it's cool to fuck over the administrator protecting them.

  2. It should read 'stoopid people hath spoken' by unity100 · · Score: 4, Insightful

    he is a sysadmin that refused to disclose passwords to an office which had the prudence to disclose ALL of those LIVE passwords and usernames as evidence in a public court ... exposing personal information of millions of citizens in public databases ...

    i doubt that randomly selected array of 20-30 americans would be able to understand how insanely stupid this is.

    1. Re:It should read 'stoopid people hath spoken' by TheGratefulNet · · Score: 0, Informative

      bay area jurors, no less. ones that SHOULD know a little bit about technology.

      I smell a rat. this does not make sense to me. was this happening in the deep south or some other backwoods place?

      very sad.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      As stupid as it is, its the law. He has an obligation to follow the law, not a moral technical compass. If there is a problem with the law then it needs to be changed not broken. You are your technical vigilantes need to be stopped from taking technology into your own hands.

    3. Re:It should read 'stoopid people hath spoken' by gman003 · · Score: 5, Insightful

      Democracy is a form of government that ensures we are governed as well as we deserve.

    4. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      >Disempower yourself

      Yeah, no thanks.

    5. Re:It should read 'stoopid people hath spoken' by Wyatt+Earp · · Score: 2, Insightful

      No, he refused to disclose the password to his supervisors when they asked him for them.

      Glad they found him guilty.

    6. Re:It should read 'stoopid people hath spoken' by Wyatt+Earp · · Score: 1, Interesting

      The man was already a felon from the 1980s, so it shows he tended not to follow the law.

      http://www.informationweek.com/news/security/vulnerabilities/showArticle.jhtml?articleID=209100472

      "The Chronicle also reported on Wednesday that Childs has a 25-year-old felony criminal record in Kansas, where he was convicted of aggravated robbery and aggravated burglary stemming from charges filed in 1982. Childs was on probation or parole until 1987, according to records uncovered by the newspaper. Childs had disclosed the felony conviction when he applied for the San Francisco job five years ago."

    7. Re:It should read 'stoopid people hath spoken' by SudoGhost · · Score: 2, Interesting

      From http://www.cio.com.au/article/255165/sorting_facts_terry_childs_case?pp=2&fp=&fpid= "DTIS officials demanded that Childs relinquish the usernames and passwords used to access the FiberWAN network devices, and Childs refused to do so. He was suspended for insubordination on July 9. " He was arrested shortly thereafter. DTIS is the city's IT department. His refusing to disclose passwords to a public court has nothing to do with why he was arrested and found guilty.

    8. Re:It should read 'stoopid people hath spoken' by neochubbz · · Score: 5, Insightful

      As stupid as it is, its the law. He has an obligation to follow the law, not a moral technical compass. If there is a problem with the law then it needs to be changed not broken. You are your technical vigilantes need to be stopped from taking technology into your own hands.

      How exactly was he breaking the law? As I understand it, the whole issue wasn't that he tampered with anything. Instead, he refused to disclose the passwords when the person requesting them did not follow proper protocols.

      --
      Charming man. I wish I had a daughter so I could forbid her to marry one. -Arthur Dent
    9. Re:It should read 'stoopid people hath spoken' by Un+pobre+guey · · Score: 2, Interesting

      Hear, hear. Just because the guy is a nerd doesn't mean we have to rally 'round him.

      Of course, if during the trial everyone's login credentials were exposed (I don't know if they were, I didn't RTFA) that would be pretty goddamn stupid indeed.

    10. Re:It should read 'stoopid people hath spoken' by Volante3192 · · Score: 1, Flamebait

      And if something happened to the network it's his ass. Lose, lose.

    11. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 2, Interesting

      Democracy is a form of government that ensures we are governed as well as we deserve.

      Explain that again. Do smart people deserve to be governed like idiots just because they're outnumbered by idiots?

    12. Re:It should read 'stoopid people hath spoken' by MichaelSmith · · Score: 4, Informative

      No, he refused to disclose the password to his supervisors when they asked him for them.

      Glad they found him guilty.

      Come again on that one? If you have access to the hardware you can set the password to anything you want. You don't need the old password. You can kill people and get less than five years in jail.

    13. Re:It should read 'stoopid people hath spoken' by Hatta · · Score: 3, Informative

      Disclosing your password to your boss is specifically prohibited(PDF, page 34) by California's password policy.

      --
      Give me Classic Slashdot or give me death!
    14. Re:It should read 'stoopid people hath spoken' by MoFoQ · · Score: 1

      and now there's a need for a new tag....."suddenoutbreakofidiocracy"

      that being said....dunno...this sets a bad precedence for sysadmins/IT ppl....as this basically be also interpreted as "if you secure your network from novices who may break the network, you might be guilty of a crime"

      I hope he appeals and some big-shot lawyer does it pro-bono and sues the pants off the city.
      (having friends who have had to deal with the SF city WAN system prior to Terry Childs and how it use to go down often for long periods of time; they were appalled back it was first announced that he was arrested for fixing a broken network...bureaucracy at its finest).

    15. Re:It should read 'stoopid people hath spoken' by DigiShaman · · Score: 3, Insightful

      Yes, because smart people live among them. We call it "civilization".

      Living in a civilized world has many advantages over not living in one. But every now and then, we must all unjustly eat that excrement sandwich.

      --
      Life is not for the lazy.
    16. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 5, Informative

      According to everything I have read he refused to hand over the password under any circumstance when his supervisors asked for them. There was no "only give to the mayor" rule. He was a regular employee working a regular job where he has the obligation to hand over information requested by his supervisor. After he was arrested and placed in custody is when he stated that he would only give the password to the mayor, not becuase it was a rule or directive but becuase Mayor Newsom was "the only person he felt he could trust". There was no rule about handing passwords over, he felt "None of the persons who requested the password information from Mr. Childs ... were qualified to have it," according to his lawyer. It was his opinion, nothing else.

      Why Did He Refuse?
      Terry Child built this network. It was his baby and he owned it. He was the only person with access and was on call 24/7/365 and the only person familiar enough with it to work on it. He loved it so much that he applied and was granted a copyright for the network design as technical artistry. His department was going through a series of downsizes and his supervisor began to audit his work, which previously he had free reign in. He got spooked and started snooping on his bosses, which spooked his bosses and it all lead to a stand off.

    17. Re:It should read 'stoopid people hath spoken' by nomadic · · Score: 4, Insightful

      that being said....dunno...this sets a bad precedence for sysadmins/IT ppl....as this basically be also interpreted as "if you secure your network from novices who may break the network, you might be guilty of a crime"

      If your boss demands the password, give it to them. Send them a letter along with the passwords saying that you are doing it under protest if you want, warn them of the dangers, whatever, but don't be idiotic. So they screw up and the network goes down, big deal, it's a freaking network not the entirety of modern civilization. Some sysadmins have waaay too high an opinion of the importance of their computer systems.

    18. Re:It should read 'stoopid people hath spoken' by bhtooefr · · Score: 1

      (but where is there free land to found a colony of non-stoopids?)

      The ocean.

    19. Re:It should read 'stoopid people hath spoken' by biryokumaru · · Score: 3, Insightful

      You can kill people and get less than five years in jail.

      I know! Thank science he didn't smoke pot or something, then he'd be in for life!

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    20. Re:It should read 'stoopid people hath spoken' by Cryacin · · Score: 1

      You can kill people and get less than five years in jail.

      In some states you won't even ride the lightning in that time.

      --
      Science advances one funeral at a time- Max Planck
    21. Re:It should read 'stoopid people hath spoken' by phantomcircuit · · Score: 1

      You mean the one that also explicitly states

      All production system-level passwords must be part of the security administered global password management database.

      Not to mention that it clearly states on the cover page

      California Counties “Best Policies” for the Countywide Information Security Program

      If he was smart he would have just said "I don't know the passwords".

    22. Re:It should read 'stoopid people hath spoken' by Aqualung812 · · Score: 1

      I agree with you, maybe he should have been fired. However, do you think that he deserves prison time for it?

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    23. Re:It should read 'stoopid people hath spoken' by Grishnakh · · Score: 1

      That's why the smart people need to get busy building more robots to do our mundane jobs for us, so we don't need the stupid people any more, and let them eat their own excrement sandwiches.

    24. Re:It should read 'stoopid people hath spoken' by SoupGuru · · Score: 1

      Exactly the scenario I thought of. One policy says you can't disclose your passwords. Another that says more than one person should know a password for critical infrastructure.

      So Childs puts a new router on the network, secures it with a password only he knows...

      I'd lean towards Childs being in the wrong on that specific scenario. Not saying that is what actually happened, but it's almost plausible.

      --
      What doesn't kill you only delays the inevitable
    25. Re:It should read 'stoopid people hath spoken' by Tiger4 · · Score: 1

      Yes, they deserve it for not eliminating the idiots from among themselves, whether by deportation, self-exile (but where is there free land to found a colony of non-stoopids?) or... by other means.

      Like undereducating them, hiding and obfuscating information, discouraging them from voting, blowing off or trivializing public policy debates, and generally encouraging them to isolate and entertain themselves away from laws and their formation, rather than be engaged, because "Politics is Hard."

      Yep, that might protect them.

      --
      Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    26. Re:It should read 'stoopid people hath spoken' by unity100 · · Score: 1

      He refused to disclose the password to his supervisors, whom he KNEW that were stupid enough to the level of being able to disclose them in public court, as evidence.

      he did right.

    27. Re:It should read 'stoopid people hath spoken' by Aoet_325 · · Score: 1

      After he was arrested and placed in custody is when he stated that he would only give the password to the mayor, not becuase it was a rule or directive but becuase Mayor Newsom was "the only person he felt he could trust".

      I haven't followed this case very closely so forgive me if this has been answered elsewhere, but do you know why the mayor didn't just take the password from this guy and then hand it over to the new admins? It doesn't seem like too big a hassle for Mayor Newsom if 20 minutes on the phone would have actually helped the city avoid significant costs and problems.

      Mr. Childs could then say any problems with the network from that point on were the mayor's fault for handing over the passwords to those less competent and that would have been the end of it. No huge court case needed.

    28. Re:It should read 'stoopid people hath spoken' by www.sorehands.com · · Score: 1

      Was he being charged for not giving passwords or tampering with the computer system?

      It is not tampering to do nothing. I cannot be charged with murder if I watch you shoot yourself in the head. Even if I am asked to stop you.

      However, if I hand you the gun and bullets, then it might be assisting a suicide. Keep in mind, suicide is not illegal, only attempting it is.

    29. Re:It should read 'stoopid people hath spoken' by Zerth · · Score: 5, Insightful

      There was no "only give to the mayor" rule, but there were "don't tell your boss the password" and "don't say it in front of other people" rules

    30. Re:It should read 'stoopid people hath spoken' by unity100 · · Score: 1

      establish relevance first. so he was convicted of aggravated robbery and burglary. how is this relevant to refusal of disclosing of passwords ?

      do you know what were the circumstances involved in that case ? do you know how many people are jailed in u.s. prisons with charges that they are not even guilty of ? do you know that even patting a little child on the head can get you a sex offender record if you chance up with a mad enough mom ?

    31. Re:It should read 'stoopid people hath spoken' by eggoeater · · Score: 4, Insightful

      We are not talking about passwords to his email, his domain account, his laptop,etc. We are talking about THE password (there is only ONE) to Cisco IOS routers and switches. It is the equivalent of root passwords that don't belong to any single person.

      That being said, I still think his prosecution is essentially the city behaving like a 5 year old child. The city's CTO should be sacked ASAP for such a huge failure of management: no documentation, no back ups of running configs, no cross-training among personnel so there wouldn't be a single person responsible, etc.etc. No large company runs like that.

    32. Re:It should read 'stoopid people hath spoken' by sammy+baby · · Score: 1

      I'm quoting from the page you referenced. Boldface emphasis is mine.

      Here is a list of things to avoid:

      • Giving your password over the phone to ANYONE.
      • Sending a password in an e-mail message.
      • Telling your boss your password .

      They weren't asking for his password. They were asking for the administrative passwords. Other commenters have already pointed out the policy on passwords to network infrastructure.

    33. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Generally, I find the opinions of those who did not hear or real the trial evidence far less believable than the jury verdict.
      Presumably the defendent's attorneys made all the arguments here, the jurors were unconvinced.

    34. Re:It should read 'stoopid people hath spoken' by Cl1mh4224rd · · Score: 1

      After he was arrested and placed in custody is when he stated that he would only give the password to the mayor, not becuase it was a rule or directive but becuase Mayor Newsom was "the only person he felt he could trust".

      I don't understand his logic here. It didn't occur to him that the mayor would simply hand that password off to the very same people asking Mr. Childs for it directly?

      --
      People will pass up steak once a week, for crap every day.
    35. Re:It should read 'stoopid people hath spoken' by zippthorne · · Score: 1

      two words: Jimmy Carter...

      --
      Can you be Even More Awesome?!
    36. Re:It should read 'stoopid people hath spoken' by publiclurker · · Score: 1

      IIRC he was fired and still refused to release the passwords, even under a court order. Ignoring a court order tends to upset judges.

    37. Re:It should read 'stoopid people hath spoken' by aaarrrgggh · · Score: 4, Informative

      One of the jurors was a network engineer; I'm not quite sure how well you can say that they were collectively uninformed in the matter, although I wholeheartedly disagree with the results.

    38. Re:It should read 'stoopid people hath spoken' by georgewilliamherbert · · Score: 1

      You can't disclose *your* passwords yes. But router passwords aren't personal passwords; they're system account passwords.

      Which the policy clearly required be held by the apparently nonexistent common system passwords database - but did in any case have to be available to others in the infrastructure (the bus rule).

      The correct answer was "The security policy says that I can't disclose the system password on an open conference call, sir. I will turn the password over to the IT office security officer or to you in private immediately, but not here, please."

      Not "no".

    39. Re:It should read 'stoopid people hath spoken' by timmarhy · · Score: 1
      no, it's not he ass at all.

      a simple memo signed by this boss stating once said passwords are handed over he is no longer liable for any failures. it's hard to fathom why this silly idiot didn't go down that path, and instead opted for JAIL.

      --
      If you mod me down, I will become more powerful than you can imagine....
    40. Re:It should read 'stoopid people hath spoken' by tnk1 · · Score: 1

      Disclosing your password to your boss is specifically prohibited(PDF, page 34) by California's password policy.

      That appears to be regarding specific user passwords to user accounts. It does not apply to system level passwords for systems you are caretaker to.

      It is correct that you should never give the password to your own accounts to anyone at all. If they need the data/access you have, they will either have their own account or be able to get one with that access. Or at the very least they will be able to change your password to another one. The access to the data that they own is never in any doubt because they have the ability to override you without compromising your personal password.

      However, if they do not have access to the superuser passwords or other such administrative credentials, they actually do lose that data if you refuse to give it to them. Root passwords should not be given out to non-technicals all that often, but if there is no technical person left, you can't just take access to those hosts/devices with you. Even if it's not illegal, its simply not right.

    41. Re:It should read 'stoopid people hath spoken' by MichaelSmith · · Score: 1

      More to the point. Say I am a doctor working for a small clinic. I get sacked and my non-medical boss asks for the keys to the drug cabinet. He can get in anyway but only by leaving a trail of evidence, and I suspect him of raiding the cabinet in the past. So what is my priority? Satisfying my boss? Or protecting the drugs?

    42. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Of course suicide isn't illegal. Who would you charge? The corpse?

    43. Re:It should read 'stoopid people hath spoken' by Thing+1 · · Score: 1

      do you know that even patting a little child on the head can get you a sex offender record if you chance up with a mad enough mom ?

      That's just insane. Won't someone please kill all the children?

      --
      I feel fantastic, and I'm still alive.
    44. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 1, Interesting

      After he was arrested and placed in custody is when he stated that he would only give the password to the mayor, not becuase it was a rule or directive but becuase Mayor Newsom was "the only person he felt he could trust".

      I haven't followed this case very closely so forgive me if this has been answered elsewhere, but do you know why the mayor didn't just take the password from this guy and then hand it over to the new admins? It doesn't seem like too big a hassle for Mayor Newsom if 20 minutes on the phone would have actually helped the city avoid significant costs and problems.

      There's this little thing called "precedent". If Gavin Newsome had taken whatever piddling amount of time to deal with this idiot sysadmin then it would set a precedent for this sort of thing. Soon every little pissant city employee would have some chickenshit issue and would start bleating that they'd only deal with the mayor.

      Eventually instead of doing mayor stuff, all of the mayor's time would be tied up with having to deal with all sorts of insignificant chickenshit stuff because some self-important flunky wanted attention from the big boss man in order to feel important instead of sticking with the chain of command.

      Terry Childs wanted his ego stroked and wanted attention. Well he sure as hell got attention but probably not the sort he was hoping for. I hope he's happy now.

    45. Re:It should read 'stoopid people hath spoken' by Grishnakh · · Score: 1

      Of course suicide isn't illegal. Who would you charge? The corpse?

      We're talking about a law here, and laws are made by governments. Governments aren't known for being exceptionally smart, and there's tons of really stupid laws out there.

    46. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 2, Interesting

      Here is a list of things to avoid (from the policy document):
                  Giving your password over the phone to ANYONE.
                  Sending a password in an e-mail message.
                  Telling your boss your password .
                  Talking about a password in front of others.
                  Hinting at the format of a password (e.g., “my family name”).
                  Writing in your password on questionnaires or security forms.
                  Sharing your password with family members.
                  Telling your co-workers your password while on vacation.

      It would seem that giving your password out over a conference call would be against policy as well. The most striking thing about this case to me has always been this: He worked for the city. City cops assisted in the inappropriate, although not illegal, conference call and arrested him. He was held in a city jail. He was prosecuted by a city district attorney and tried by a city judge and jury. Now that he is convicted he will probably serve the remainder of his sentence in a city jail where he might be offered some form of community service for the city. I really hate to think that the jury could not see a pattern here. Moreover why didn't the state or feds step in and offer oversight.

      This so much reminds me of a time when i was going to school in a small Georgia town. After getting arrested for "Driving on a roadway laned for traffic" I realized that the cop, judge, bail bondsmen, my insurance agent and landlord all had the same last name. fortunately my lawyer was not so named and we had the case moved to another court.

    47. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Right. Because juries are foolproof.

    48. Re:It should read 'stoopid people hath spoken' by unity100 · · Score: 0

      one of the jurors ... one.

    49. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      You say that when an entire company goes down and loses a shitbrick of money.

      Not only will the consultants look down on you for caving, but the entire industry will hear of it.

      Trust me. I've gone the opposite way.

    50. Re:It should read 'stoopid people hath spoken' by Toonol · · Score: 5, Insightful

      Hear, hear. Just because the guy is a nerd doesn't mean we have to rally 'round him.

      Right. I saw it happening a lot here after Hans Reiser killed his wife. It was pretty damn obvious he did it, but he sure had a lot of otherwise intelligent slashdotters refusing to face facts.

      It's a valuble lesson; intelligent people are no more immune to self-deception. They might even be better at it.

    51. Re:It should read 'stoopid people hath spoken' by zippthorne · · Score: 2, Insightful

      Eventually instead of doing mayor stuff, all of the mayor's time would be tied up with having to deal with all sorts of insignificant chickenshit stuff because some self-important flunky wanted attention from the big boss man in order to feel important instead of sticking with the chain of command.

      Interesting idea. But what's the down side?

      --
      Can you be Even More Awesome?!
    52. Re:It should read 'stoopid people hath spoken' by unity100 · · Score: 1

      its modern version of witch hunt.

    53. Re:It should read 'stoopid people hath spoken' by ZosX · · Score: 1

      Damnit! Why did I suddenly envision a gypsy in a covered wagon by a river giving me a tarot card reading?

    54. Re:It should read 'stoopid people hath spoken' by Darinbob · · Score: 1

      San Francisco jurors though. Not as high tech a place as their neighbors, despite the large numbers of mobile gadgets.

      Also we're talking jurors... Grab 12 random people from a street in Silicon Valley and you probably won't get more than 1 or 2 who actually work directly with science or technology or engineering. Put them through voir dire process and filter out all those who can't handle a multi-month trial, and you'd be extremely lucky to have even one who understood this stuff.

    55. Re:It should read 'stoopid people hath spoken' by Darinbob · · Score: 1

      What law says you must hand over information that is only in your head to a supervisor? Policies and rules are irrelevant, since you don't go to jail for violating policies and rules, only for violating laws.

    56. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      what a loser and to think of all the losers around here who support his asshat

      Go back and read some of the original threads with a hundred +5 idiots who predicted and said all this crap that was basically made up like all the hidden clauses in his contract were bullshit. Is there a way to turn those original +5 Informative as +5 Lies
      He was your typical schizophrenic and the supervisors missed it when he submitted his application for the job.

    57. Re:It should read 'stoopid people hath spoken' by sn00ker · · Score: 1

      Come again on that one? If you have access to the hardware you can set the password to anything you want. You don't need the old password.

      That's all fine and dandy if the configuration of the devices is stored in non-volatile memory, and/or you have full documentation that will allow you to rebuild the network configuration in a reasonable (this was the FC network for a major city's government, so "reasonable" is probably a couple of days at most) time.
      In this case there was no certainty that the configurations were saved to NV memory (I think I read that they were actually known to have not been saved permanently), and certainly no documentation that could've had the network rebuilt inside a period of weeks. Password recovery on Cisco boxes, where it's even possible (new versions of IOS allow it to be disabled), requires reboots. Reboots lose unsaved configuration. Where you are unsure that the configuration has been written to storage and lack documentation of the network configuration, you cannot safely undertake password recovery.

      Physical access has limits where you are dealing with systems that don't automatically write all configuration changes to non-volatile storage.

      --
      "God, root, what is difference?" - Pitr, userfriendly
    58. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      What a reasonable comment. I wish your post were in bigger font or something.

      I have been surprised and then disgusted by the growing trend to treat this guy like a hero. What he did was unethical and unprofessional all the way through. Scrutiny of how he went about his job paints a picture that he wasn't great

      I don't think he was gonna go "postal" or that he is a big bad wolf but the guy did wrong. And he kept doing wrong. And refused to acknowledge that he was in the wrong. And, at key points, chose to be a jerk and thumb his nose at authorities.

      Turning him into a hero or even a victim represents the worst in us. It's baffling.

    59. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      i'm not sure that i've seen many ideas that are more stoooopid than that!

      an oil platform loaded up with libertarians!!!!!

      if you think that the societies that exist today would allow any such project to get anywhere, let alone allow it to continue if it were to enjoy any degree of success, then you're sadly mistaken (and mildly retarded.)

    60. Re:It should read 'stoopid people hath spoken' by Darinbob · · Score: 1

      They article says he was convicted of "computer tampering". He was not found guilty of disobeying orders or being rude to superiors or anything like that.

      I don't have trial transcripts, but it seems a stretch to have computer tampering involved. That would sort of imply that he tampered with the computers _after_ being fired. Simply using passwords while it is a part of your job is not tampering, and not disclosing the passwords is not tampering either. Did the city hall big guns just manage to hoodwink some jurors into believing there was tampering?

    61. Re:It should read 'stoopid people hath spoken' by Metzli · · Score: 1

      Yes, but do you really want to go through the password recovery process on a device that someone else has been managing with free reign? What if the configuration wasn't written to the device, you reboot it, and then you're facing a pristine new configuration? Congratulations, you now get to start rebuilding a network by hand with no real idea how it's setup. On top of that the guy who built it is sitting in jail and _really_ doesn't want to help you. You may be locked out, but at least the network still functions.

      --
      "It's too bad stupidity isn't painful." - A. S. LaVey
    62. Re:It should read 'stoopid people hath spoken' by ZosX · · Score: 3, Insightful

      He should have just given up the passwords. They weren't his computer systems. He was just an employee. I don't care what anyone here says. Let's say you have a work truck that your employer provides. You are to take the keys in the morning and leave them back when you leave. Do you just go home with the keys in your pocket? I mean none of this makes any sense to me. If he wasn't accessing the network anymore, why would he need the passwords? It certainly didn't benefit him to withhold them. I think he was just blindly obsessed, stupid, or an ignorant prick. The punishment is harsh, and really doesn't fit the crime, but by holding the passwords hostage he had essentially owned the network which certainly caused a lot of headaches for his previous employers. In any organization that large it is utterly foolish to leave all of the keys in one person's hands. What if they die? Go batshit crazy? We are not just talking about a couple of rackmounts in a closet here. Wasn't it a city wide network or something? That was tax payer funded? He may have felt that nobody was capable of running "his" network, but since he was no longer employed there, it really wasn't his place to be concerned with their future. I don't know if what he did warrants a felony charge, but it was certainly unjust. Maybe he felt that he owed his previous employers nothing, but when they haul your ass into court you might as well at least give them what they want, and they certainly didn't ask for much. Its never a good idea to plot against your keepers. Don't bite the hand that feeds you. At least in America you can always leave and fall back to aggravated robbery. We see how well that plan worked out for him in the past.

      Terry Childs is a moron if you ask me, and his foolish stubbornness will now tragically cost him some time away from pursuing a happy life. He chose to make himself look like the bad guy, even though his justification was for "good" reasons. I understand that giving the passwords away in a court of law would probably be a bad idea, but it should have never have gotten to that point. He should have certainly just met up with his boss and divulged all that he knew. That's common courtesy. Even if you don't like your employer, they still gave you a job and a paycheck. Sure you can leave, but its always best to do so on good terms. In the end its always wiser to be the better man and just walk away with a clean slate. If Terry Childs would have done that, he'd be a free man who could choose his own destiny and probably even find a halfway decent job. Now he's just another convict with multiple felonies that will have a hard time finding a job when he walks free.

    63. Re:It should read 'stoopid people hath spoken' by pspahn · · Score: 1

      I know, right? Why in any of the many hells would you choose prison (ha, California's prison system, no less) over just breaking a "code"?

      Was he concerned over losing any kind of security clearance credentials and risking his career? If so, then okay, at least there's some rational reason for doing so.

      Was it because he had something to hide? Seems a little more likely. He's a bit weird, which leads into...

      Was he just mentally sick? Some might argue, "the get out of jail free" card. Not a bright idea. Some kind of government mandated pharmaceutical intervention scares me a little too much.

      So what was worth 1-5 years in prison? (Does he go to Quentin? lmfao if so. He'll probably write a book and start working for Mitnick.

      --
      Someone flopped a steamer in the gene pool.
    64. Re:It should read 'stoopid people hath spoken' by SvnLyrBrto · · Score: 1

      > No, he refused to disclose the password to his supervisors when they asked him for them.

      Okay, I don't think anyone has disputed that. But, setting aside the written policy that forbade him to do so, failing to comply with the orders of your boss or supervisor is simple insubordination. That falls solidly under "subject to disciplinary action up to and including termination". Sure, fire the guy.

      But to involve the police, DA, and criminal charges of any kind, is 100% out of line and complete and total asshattery.

      Generally, it's only in the military that insubordination is a prosecutable offense.

      --
      Imagine all the people...
    65. Re:It should read 'stoopid people hath spoken' by Kaboom13 · · Score: 2, Interesting

      Every little piss-ant city employee is not a highly paid professional who designed, built, and maintained the city governments entire network infrastructure. When the street sweepers refuse to turn their keys in to anyone but they Mayor, tell them to fuck off. When someone who you have given a lot of money and entrusted with the security and reliability of the systems that keep critical city infrastructure wants 10 minutes of your time, it's probably a good idea to fucking listen. If the city's top lawyer wanted a word with the mayor on a matter he considered urgent, do you think he'd wait?

      The whole thing is a farce. Terry Childs may have deserved to be fired. From the sounds of it, he allowed himself to become a critical, irreplaceable part of the infrastructure, which in of itself is a good reason to fire him. Clearly his ego and misguided sense of dedication to his job was clouding his judgment. His managers should be fired for being completely incompetent. They allowed a situation to develop where Childs was irreplaceable. They then decided to fire him, but developed no plan on how to smoothly transition away. And after they fired him, and realized how incredibly they had fucked up, they threw him in jail, turning a bad situation into a disaster. They passed over repeated chances to defuse the situation, all to save face. They proceeded to try their best to ruin a man's life just to avoid admitting they had made mistakes, and it looks like they have succeeded. By all accounts the city's network worked flawlessly the entire time. They were apparently convinced he would use his passwords to bring the network down just because he was upset about being fired, but there is no evidence he attempted to do so or would have attempted. To do so would have destroyed his career, that he clearly cared a lot about if he invested the time and effort into getting a CCIE. Furthermore, it's doubtful that had he given all the passwords, he would have lost his ability to do so. Given how much they relied on him, and his knowledge of the network, he couldn't have found a way even if they changed all the passwords he gave them? Theres always a backup account somewhere, or a forgotten out-of-band management tool, etc.

      The precedent this court case leaves is "support your former employers for free, forever, or go to jail". I for one am not looking forward to getting calls from a former employer at 3 am because even though I left 6 months ago, they forgot to ask me for the password to the backup system, and now it's on the fritz, and I refuse to answer and tell them how to login, and the account credentials, they will call the cops.

    66. Re:It should read 'stoopid people hath spoken' by Conchobair · · Score: 5, Informative

      What the law says is that your user level password should not be disclosed. This was not a user level password. The law says "All production system-level passwords must be part of the security administered global password management database." He should not be the only person with access to the network. That is why he was asked for the password and should have handed it over. It was not his user level password, but a password to access the network that he built.

    67. Re:It should read 'stoopid people hath spoken' by dyingtolive · · Score: 2, Funny

      Your comment read "Smart people need to get busy" before I expanded it. Much as your idea appeals to me, I am in favor of that idea more.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    68. Re:It should read 'stoopid people hath spoken' by SvnLyrBrto · · Score: 5, Insightful

      I think the problem people have, is that the court should never have been involved at all. Okay... so he's insubordinate and fired. No problem.

      AFTER he's fired, they go to him and STILL want him to do part of his job (disclose the passwords). Tough cookies. The deal in employment is "payment received for services rendered". Once he's fired, he is not receiving payment from the city. So he's under no obligation whatsoever to render services.

      You can make a case that he was insubordinate and deserved to be fired. But once he *was* fired, he was entirely in the right to tell the city to FOAD. And the court should have told the city to FOAD as well.

      --
      Imagine all the people...
    69. Re:It should read 'stoopid people hath spoken' by DigiShaman · · Score: 2, Insightful

      Imagine you were the CEO of Microsoft or Dell. Would your share holders think it was a good idea if you had to address every problem personally? Hell no, that's what management and other abstract layers are for. I'm sure the citizens feel the same way about the Mayors time too.

      --
      Life is not for the lazy.
    70. Re:It should read 'stoopid people hath spoken' by WrongSizeGlass · · Score: 1

      establish relevance first. so he was convicted of aggravated robbery and burglary. how is this relevant to refusal of disclosing of passwords ?

      Clearly it shows that he was expecting some one to beat the passwords out of him or just steal them.

    71. Re:It should read 'stoopid people hath spoken' by Vellmont · · Score: 2, Insightful


      It's a valuble lesson; intelligent people are no more immune to self-deception. They might even be better at it.

      Very true. Richard Feynman noticed this when he saw several otherwise intelligent people be tricked by Uri Geller and his spoon bending and various other tricks. "I'm smart enough to know that I'm dumb" is one of my favorite quotes.

      In this case, I don't think it's self deception though. The guy is a nob, control freak, should have just given over the passwords, and should have been canned. That doesn't mean it's a crime though. The city essentially went insane with the crazy charges brought against him (3 of which were thrown out). The idea that not telling someone a password for 12 days is a felony and deserving of 2-5 years in jail is just completely ridiculous.

        The fact that the city also controls prosecutors, this was a major national news story, and the DAs office is generally elected only served to escalate this case. If the city had backed down after they realized he hadn't hacked anything, they'd have lost face.

      (Oh, and I thought Reiser was guilty as sin as soon as the evidence against him came out, so I really don't give a shit if someone is a geek or not)

      --
      AccountKiller
    72. Re:It should read 'stoopid people hath spoken' by omglolbah · · Score: 1

      While hardware access usually lets you do whatever you want with your passwords there is no guarantee that you can preserve the data on the device after any action to change the password.

      Quite a lot of network gear CAN keep the configurations in VOLATILE memory. This means that when you do the required power-cycle to set the new password... the configuration you were trying to get hold of is gone. This was one of the issued faced in this case.

    73. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      This guy was anything OTHER than a professional. It is not HIS network. It belonged to the city. While he may have designed and built it, his refusal to build appropriate safeguards, procedures, and submit to reviews and audit of that network is the equivalent of running your mission critical database on a single spindle.

      You can build the most beautiful network the world has ever seen... And if YOU are its single point of failure (i.e. get hit by a bus/heart attack), you are a immature idiot.

    74. Re:It should read 'stoopid people hath spoken' by SvnLyrBrto · · Score: 1

      Plus, the tech culture in the Bay Area tends to cultivate workaholics who are dedicated to their job, or at least their project. A jury duty summons invokes thoughts of: "I don't have time for this! I have responsibilities/a deadline/a team/a project/some really cool bit of code I'm wrapped up in".

      Also, San Francisco is especially obnoxious in how they handle juror summonses. They don't do anything considerate or sane like just tell you which day to go in, and then maybe you're on a jury and maybe you're not. They make you block off a whole WEEK out of your schedule and make you call in every night to see if you have to go in the next day for juror selection. That asshattery breeds resentment and a desire to make damn sure you're not stuck on a jury.

      Finally, lots of people work on contract instead of salary here. So the time you spend at the courthouse is money right out of your pocket. And juror pay barely covers lunch for the day, much less the money you're losing by not doing your job. BIG incentive to figure out how to get out of jury duty there.

      And there are plenty of guides to getting out of it online for the tech-savvy person to find... some of which delve down to what's worked with specific judges!

      Plus, lawyers don't WANT smart or informed people on the jury anyway. They want compliant and gullible and easy-to-win-over-to-their-side people.

      So it should be no surprise to anyone that relatively few tech-savvy people wind up on juries.

      --
      Imagine all the people...
    75. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      ..and some people have too high an opinion of the importance of their idiotic rules.

    76. Re:It should read 'stoopid people hath spoken' by soshimo · · Score: 1

      That wasn't his password, it was the network password. He doesn't own the network. The city does. His supervisors are agents of the city, acting on the cities behalf. They requested the password to the *cities* systems, on behalf of the city. He refused said password. It was never his to refuse. He was compelled by law to give that password up. He broke the law. Now he's sorry. At least he has his principles right?

    77. Re:It should read 'stoopid people hath spoken' by fred133 · · Score: 1

      I love the part of the pdf that says,
      "If someone demands a password, refer him or her to this document or have him or her call someone in Information Security."

    78. Re:It should read 'stoopid people hath spoken' by Darinbob · · Score: 1

      Actually every county I've been called for jury duty in California, and from friends and family I've talked to, do it roughly the same way. You call in every day the evening before (or use the internet) to find out of you show up the next day. It's far better than showing up every single day to just sit there all day long, which was the typical case when I was a kid.

      They don't know whether or not you need to show up because they will not know how many potential jurors they will need in a day until the day before. It's a very fuzzy system that you can't plan out in detail in advance. They don't even know which scheduled trials will actually take place until they start, as people can enter pleas or settle out of court up until the last minute (sometimes just seeing a line of potential jurors file in to start the process is enough to convince someone to plead to a lesser charge).

    79. Re:It should read 'stoopid people hath spoken' by Clandestine_Blaze · · Score: 1, Informative

      According to everything I have read he refused to hand over the password under any circumstance when his supervisors asked for them. There was no "only give to the mayor" rule. He was a regular employee working a regular job where he has the obligation to hand over information requested by his supervisor

      I'll post this again, and bold the important part.

      "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

      The city password policy was to NOT give it to your boss. He followed the city policy, which his boss did not abide by, as he first tried to get the passwords, and also, attempted to get the password in front of others. But that's a moot point. He had been fired before his former boss asked him for the password. City protocol was to request a password in writing, again, which his former boss had not done. So your entire argument crumbles.

    80. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Role accounts are still supposed to be entered into a password-managment system they've got. Being that their policies don't state how soon this has to happen, the prosecution's argument is still crap.

      I would dearly like to see someone from the city government brought up on charges for making false testimony to the police and feds, personally.

    81. Re:It should read 'stoopid people hath spoken' by gumpish · · Score: 1

      one of the jurors ... one.

      Have you not seen Twelve Angry Men?

      It only takes one Not Guilty vote to prevent a conviction.

      Personally I hope this so-called network engineer gets the karma he or she richly deserves...

    82. Re:It should read 'stoopid people hath spoken' by FrankieBaby1986 · · Score: 1

      You say that now, but how about when that boss goes against the recommendations of his IT staff and ends up leaking YOUR private data.

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    83. Re:It should read 'stoopid people hath spoken' by Khyber · · Score: 1

      "No, he refused to disclose the password to his supervisors when they asked him for them.

      Glad they found him guilty."

      Glad they found him guilty of doing his job and adhering to his contract which you've apparently not read?

      Holy fuck get the hell away from me, you're as bad as the idiots on the jury.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    84. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Heh...

      A jury of my peers, my ass.

      It's twelve people that're not even remotely clever enough to dodge jury duty- and it shows in this case, if you want an honest opinion... They bought into the BS line the DA flung out and hung the guy.

      Well...I guess they're going to have to raise the pay rates on those IT jobs- because you're going to sure as hell not have takers now, guys. >:-)

    85. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      FTA: Another juror, Amy Heine, said Childs seemed both egotistical and "paranoid."
      "He was intelligent enough to know what he was doing, was heading in a very dangerous direction," she said.

      He was convicted of being not nice.
      Juries do in fact average room temperature IQs. Oh well. Maybe he can win on appeal.

    86. Re:It should read 'stoopid people hath spoken' by micheas · · Score: 1

      Hear, hear. Just because the guy is a nerd doesn't mean we have to rally 'round him.

      Of course, if during the trial everyone's login credentials were exposed (I don't know if they were, I didn't RTFA) that would be pretty goddamn stupid indeed.

      They were. by the people that Childs said were not trustworthy to have the passwords to the 911 system.

      I didn't follow the case that closely, but that seemed to give Childs some credibility. I don't know what he was or was not guilty of.

    87. Re:It should read 'stoopid people hath spoken' by jedidiah · · Score: 1

      As a pure matter of law, he probably can't be guilty of computer tampering.

      I don't see where there are any disputes of fact here. There is what happened. There is the relevant polices.

      I don't see anyone disputing really.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    88. Re:It should read 'stoopid people hath spoken' by archmcd · · Score: 1

      Now you're misquoting the "don't tell your boss your password" rule. These were system passwords, NOT his personal user account.

      --
      I'm not an expert, but I play one on slashdot.
    89. Re:It should read 'stoopid people hath spoken' by groslyunderpaid · · Score: 1

      One could argue that the admin passwords were the property of the city, and by not "giving them back", he was stealing from his employer.

    90. Re:It should read 'stoopid people hath spoken' by marciot · · Score: 1

      Some article indicated that he had enabled "No Service Password-Recovery" on the Cisco equipment. This means that even with physical access, attempting to reset the password causes all non-volatile memory to be erased. It's essentially a restore to factory defaults.

    91. Re:It should read 'stoopid people hath spoken' by XorNand · · Score: 1

      Ultima reference?

      --
      Entrepreneur : (noun), French for "unemployed"
    92. Re:It should read 'stoopid people hath spoken' by jedidiah · · Score: 0

      > One of the jurors was a network engineer;

      Yeah, right.

      Neither side would have let that get through jury selection. If one side wouldn't have kicked him off the jury, the other would have.

      Neither side is interested in someone that might have a clue and his own ideas about the case.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    93. Re:It should read 'stoopid people hath spoken' by aaarrrgggh · · Score: 2, Interesting

      "We had a lot of sympathy for him," said juror Jason Chilton, who is a network engineer. "He was put in a position he should not have been put in.

      "Management did everything they possibly could wrong," Chilton said. "There was ineffective management, ineffective communication. I think that if they put the city on trial, they would be guilty, too."

      linky:

    94. Re:It should read 'stoopid people hath spoken' by BitZtream · · Score: 1

      don't tell your boss the password

      Did you notice the bold.

      Do you understand why that rule exists and who it is made for? I seriously don't think you do.

      They weren't asking for 'his' password, which is what the rule is about specifically. The rule isn't for administrator passwords, it in no way applies to what he did and there is absolutely no way for any person with half a clue to think otherwise.

      The rule is to prevent idiots from screwing up and giving their password out to someone who uses their account to do bad things, intentionally or otherwise. Its to protect stupid users who don't understand the implications of giving out their password or being loose lipped with it.

      This was simply a BOFH who was about to be fired and pulled some bullshit to try and stop it ... interestingly enough, I assure you, he'll never work in IT again unless its his own company. You can safely bet no one will ever employee his company if they realize what he's done.

      He tried to take hostage of computer systems as a method to manipulate his employers ... computer systems that help manage the lives of millions. There are many very dangerous possible side effects due to his behavior that very easily could result in loss of life. He's lucky nothing bad actually happened.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    95. Re:It should read 'stoopid people hath spoken' by Ungrounded+Lightning · · Score: 1

      After he was arrested and placed in custody is when he stated that he would only give the password to the mayor, not becuase it was a rule or directive but becuase Mayor Newsom was "the only person he felt he could trust".

      I don't understand his logic here. It didn't occur to him that the mayor would simply hand that password off to the very same people asking Mr. Childs for it directly?

      I understand it fine:

      Policy says don't give it to your boss, but doesn't specify who is boss enough to override it. By definition (in the absence of ordinances to the contrary) the Mayor is the head of the executive branch in question and his formal order to hand over the passwords amends the policy or grants an exception. (But in absence of an explicit order to ignore the crowd of eavesdroppers the sysadmin may still be bound by the policy to not disclose it in an insecure setting.)

      Once the mayor turns around and hands it to the pointy-haired boss it's the Mayor's problem, not the sysadmin's.

      Doesn't mean I agree with all of that. But it is a plausible and understandable interpretation.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    96. Re:It should read 'stoopid people hath spoken' by BitZtream · · Score: 2, Insightful

      Yes ... yes it is, except it isn't his password they wanted. They wanted the admin passwords, not his personal account passwords, which they could reset any time they wanted.

      It blows my mind that people are siding with such an idiotic person.

      I wouldn't tell anyone how you feel about this case if you ever expect to be put in a situation like his.

      Fortunately, this sort of ignorance generally prevents you from getting to the interview process most of the time so its probably not something you'll have to worry about.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    97. Re:It should read 'stoopid people hath spoken' by Maxo-Texas · · Score: 3, Insightful

      I was recently on a felony jury panel.

      The prosecutor said, "If I can show he did not stop after the officer indicated he should stop, will you convict him of fleeing arrest."

      After just a couple questions by the jury it became very clear that the person in question may have driven a short distance, probably did not speed away, and may have not been aware the officer was trying to pull him over.

      But, i'm sure the folks they selected on the panel would take the position, "Well-- its the LAW, he was told to stop and took 1000' instead of 100' to pull over so we convict him of a felony!"

      For all the people who rail against the police, on the jury panel's i've been on, a lot of folks seem really ready to do what the prosecutor says and screw the hell out of their fellow human beings.

      Jury nullification is the only way to go. just never admit that you believe in it. Just say, "I'm not convinced" if you think the law is unjust.

      I can't believe they convicted him of a felony for this. I hope each of them is convicted of a similarly stupid law so they get justice. (and their are plenty of stupid laws on the books and increasingly facist ones).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    98. Re:It should read 'stoopid people hath spoken' by Ungrounded+Lightning · · Score: 1

      If you have access to the hardware you can set the password to anything you want. You don't need the old password.

      But in doing so you also cause some boxes to erase the current configuration - a security "feature" to prevent its leakage to anyone with physical access to the box. You need the current password to dump the configuration.

      The network was running. Forced password reset would shut it down until a replacement configuration was loaded. The remaining employees didn't have a reliable copy of the configuration information and couldn't get one from the box without the password they didn't have. So forced password reset would take down the running network with no reliable way to bring it back up any time soon. Like until somebody else redid all of Childs' work...

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    99. Re:It should read 'stoopid people hath spoken' by _Sprocket_ · · Score: 4, Informative

      one of the jurors ... one.

      Have you not seen Twelve Angry Men?

      It only takes one Not Guilty vote to prevent a conviction.

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

    100. Re:It should read 'stoopid people hath spoken' by IntlHarvester · · Score: 1

      Plus, the tech culture in the Bay Area tends to cultivate workaholics who are dedicated to their job, or at least their project. A jury duty summons invokes thoughts of: "I don't have time for this! I have responsibilities/a deadline/a team/a project/some really cool bit of code I'm wrapped up in".

      I was on a jury in San Francisco, and the court seemed completely prepared for any yuppie excuse-making. 10 out of 12 who ended up in the jury were educated professionals (and the only one who got a delay was a TV reporter working on a story). Only two members were the stereotypical little old ladies with nothing better to do.

      Also I don't know what about this case required any real "tech savvy" -- pretty much everyone understands the concept of passwords.

      --
      Business. Numbers. Money. People. Computer World.
    101. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Finally, lots of people work on contract instead of salary here. So the time you spend at the courthouse is money right out of your pocket. And juror pay barely covers lunch for the day, much less the money you're losing by not doing your job. BIG incentive to figure out how to get out of jury duty there.

      THANK YOU!!!

      I wish all of the pricks who prattle on about "civic duty" would get the above through their thick skulls. I'd be perfectly okay with taking some time off work and sitting through the tedium of the courthouse (No, reality is not like those lawyer shows.) in the name of "civic duty" if it didn't cause me real and directly measurable harm. No hyperbole about the roof over my head or the food on my table here. I have a savings and I don't live paycheck-to-paycheck. But I shouldn't have to deplete my savings for the principle of "civic duty", and the fact is that every day I sit in the courthouse instead of working is $200 right out of my pocket. So of course I do everything I can to get out of it. (Haven't failed yet.)

      If they'd just have people bring in a paystub, W-2, or 1040 as documentation; and pay people what their time is actually worth; I bet you'd see a lot fewer people concocting excuses not to serve. But if you don't meet my hourly? I'm damn well not going to be your slave.

    102. Re:It should read 'stoopid people hath spoken' by flyingfsck · · Score: 1

      Nope. The passwords should be in an envelope in a password safe. The security key master should have a key to the safe. Your boss should not have to ask for the password.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    103. Re:It should read 'stoopid people hath spoken' by celle · · Score: 1

      Does anyone remember Childs was fired first. At that stage management blew it as he's not working for them anymore and doesn't have to give them anything. If they want control of the hardware, reset it themselves and learn the value of their mistake.

    104. Re:It should read 'stoopid people hath spoken' by scotch · · Score: 1

      two words

      --
      XML causes global warming.
    105. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Wow. You mean dichotomous interpretation of network security policy is possible?

      Shit! Where did I put my black hat?

    106. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      As stupid as it is, its the law. He has an obligation to follow the law, not a moral technical compass. If there is a problem with the law then it needs to be changed not broken. You are your technical vigilantes need to be stopped from taking technology into your own hands.

      I'm guessing you're unfamiliar with the principle of jury nullification. Though they might like you to believe it, persuading governments to pass statutes is not the only way bad laws can be changed.

    107. Re:It should read 'stoopid people hath spoken' by b4dc0d3r · · Score: 1

      You need to work on your analogies. I don't know about california, but in many states attempted suicide is a crime. Argue what you will, but the intent is to allow the judicial system to intervene and hopefully save the person. It is documented that the majority of suicides are cries for help, so if someone gets that desperate the system should help. Especially if no one else does.

      You can be charged with a number of things, like failure to report a crime, or in some places watching a crime you could have prevented is basically assisting in it. Since you don't know in advance if the person will be successful, the crime of attempted suicide is in progress and you do nothing, resulting in a death. You could succesfully be tried for manslaughter, but in support of your statement not murder.

    108. Re:It should read 'stoopid people hath spoken' by MichaelSmith · · Score: 1

      But in doing so you also cause some boxes to erase the current configuration - a security "feature" to prevent its leakage to anyone with physical access to the box.

      Yes I agree, but I also think the employer is going to have to pay somebody to go through the entire configuration because they had a guy working there who they didn't trust, so redoing the router configuration may turn out to be a small part of that.

    109. Re:It should read 'stoopid people hath spoken' by Nyder · · Score: 1

      Why Did He Refuse?

      Terry Child built this network. It was his baby and he owned it. He was the only person with access and was on call 24/7/365 and the only person familiar enough with it to work on it. He loved it so much that he applied and was granted a copyright for the network design as technical artistry. His department was going through a series of downsizes and his supervisor began to audit his work, which previously he had free reign in. He got spooked and started snooping on his bosses, which spooked his bosses and it all lead to a stand off.

      If he has a copyright on the network, then whats he worried about? They'll have to pay him to use it still.

      do you have any links to support this claim? First I've heard of it.

      --
      Be seeing you...
    110. Re:It should read 'stoopid people hath spoken' by mabhatter654 · · Score: 2, Interesting

      except they pulled the POLICE in before even offering such a deal. That was the ENTIRE problem. They perp walked him out the door, then went to his house days later expecting to get the passwords. He's got enough for wrongful termination for all the crap they pulled.

      Basically you could be accused of his "crime" for nailing boards over the computer room. I think at sentencing, more of the truth will come out. The judge feels the need to get some kind of "serious verdict" because of the dog-n-pony-show but it's obvious even the judge isn't really on board with the charges either. I see him getting another year or two probation and "time served" because he's been sitting in jail for just about 2 years now,. I think the judge will throw out the "damage" claims as well as the malicious intent... the guy has been sitting in jail since a week after being fired with no access to the computers since he left his job.... he was set up and NOTHING HAPPENED. So all the money spent is the CITY'S fault for not properly running the department, Child's made no THREATS to cause damage, there was no valid reason for such an extensive audit. They have had nearly 2 years to fix their problems, I can't see a judge granting anymore arguments from the DA.

    111. Re:It should read 'stoopid people hath spoken' by ZosX · · Score: 1

      Yeah. The moral dilemmas the gypsy gives you.

    112. Re:It should read 'stoopid people hath spoken' by geminidomino · · Score: 1

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

      The one guy keeping the guy out of jail was "removed". Now Isn't that special.

    113. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      > "AFTER he's fired, they go to him and STILL want him to do part of his job (disclose the passwords). Tough cookies. The deal in employment is "payment received for services rendered"."

      Good God, Slashdot. It's bad enough that SvnLyrBrto actually believes he has a point with this statement, even worse that Slashdot thinks he should be voted up for it.

    114. Re:It should read 'stoopid people hath spoken' by centuren · · Score: 1

      According to everything I have read he refused to hand over the password under any circumstance when his supervisors asked for them. There was no "only give to the mayor" rule. He was a regular employee working a regular job where he has the obligation to hand over information requested by his supervisor.

      Okay.

      After he was arrested and placed in custody...

      Wait, what? You're skipping over something really important. One moment he's a regular employee working a regular job, the next moment he's a criminal for not meeting the obligations of said job. None of his motivations or feelings or attitudes have any relevance to the issue of criminalizing insubordination at work.

    115. Re:It should read 'stoopid people hath spoken' by tinkerghost · · Score: 1

      The law was explicitly written with the idea of extortionware in mind - "I have your computer system & I'm not giving it back unless you pay me." or massive DDOS attacks. The city decided that the wording could be stretched to include not giving up a password after you've been fired, and the jury agreed with them.
      Was he guilty of 'tampering' under any rational definition- absolutely not.
      Did he deny them access - to be honest I don't think it's appropriate to say yes from a technical standpoint, however that's the problem that specialists face when dealing with juries - they don't understand nor care to, the specifics of the job.

    116. Re:It should read 'stoopid people hath spoken' by Sabriel · · Score: 1

      The law says "All production system-level passwords must be part of the security administered global password management database." He should not be the only person with access to the network. That is why he was asked for the password and should have handed it over.

      If that's what the law says, they should have asked him to follow it and he should have then complied (and if he refused then sure call the cops), but saying "you're not following policy so we're going to order you to break another policy as well" is not right.

    117. Re:It should read 'stoopid people hath spoken' by Sabriel · · Score: 1

      One could argue that, but doing so doesn't make it a good idea. Do you really want a law that says your memories can be owned (and thus subject to taxation, forfeiture, etcetera) by a government (or anyone else)? Don't go there.

    118. Re:It should read 'stoopid people hath spoken' by Jenming · · Score: 1

      The article says the jail time was because it cost the city over 200k in damages.

      --
      Morpheus, God of Dreams.
    119. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      If your boss demands the password, give it to them. Send them a letter along with the passwords saying that you are doing it under protest if you want, warn them of the dangers, whatever, but don't be idiotic. So they screw up and the network goes down, big deal, it's a freaking network not the entirety of modern civilization. Some sysadmins have waaay too high an opinion of the importance of their computer systems.

      One angle I've not heard about in the comments is that these were government computers, possibly holding sensitive information about the _citizens_.

      If you were in the position of being asked to potentially harm millions of peoples private information, you might not be willing hand over the passwords either.

      Ethical and moral responsibility trump legal responsibility for some people. (not that I know if this was the case here or not)

    120. Re:It should read 'stoopid people hath spoken' by Sabriel · · Score: 1

      So a member of the jury admits that the defendant was wrongly put in a position by the government, that the government "did everything they possibly could wrong", and then when the government arrests the defendant, the jury - despite having "a lot of sympathy for him" - still convicts him?!

      Milgram experiment, anyone?

    121. Re:It should read 'stoopid people hath spoken' by node159 · · Score: 1

      You got to admit, its a killer file system... :P

      --
      GPLv2: I want my rights, I want my phone call! DRM: What use is a phone call, if you are unable to speak?
    122. Re:It should read 'stoopid people hath spoken' by MoFoQ · · Score: 1

      in the corporate world, yes....but in govt?
      especially SF city?
      sorry...that's just asking for trouble.
      It's like handing a gun over to your mob boss...and the moment u do, the gun goes off...killing his son or whatever...and he then blames you for it.
      gg...noob.

      and guess what...the moment after he did give the password, the city govt idiots published it, publicly.

      A good article to read is on infoworld which has detailed accounts of everything and emphasizes how the charges don't hold up to scrutiny.
      Especially on page 3...the city entered into evidence, the password list....and in doing that, it was made public. DUH!
      Man...that is why he was the sole, always-on-call admin for the FiberWAN...there are so many incompetent, computer-illiterate people who work for the city's IT department, it boggles the mind.

    123. Re:It should read 'stoopid people hath spoken' by seyyah · · Score: 1

      What the law says is that your user level password should not be disclosed. This was not a user level password. The law says "All production system-level passwords must be part of the security administered global password management database." He should not be the only person with access to the network. That is why he was asked for the password and should have handed it over. It was not his user level password, but a password to access the network that he built.

      Ah, so he wasn't running Ubuntu?

    124. Re:It should read 'stoopid people hath spoken' by BountyX · · Score: 1

      Technically intelligence is quantified on a standard curve, so the amount of idiots should be the same as the amount of smart people. If you are smart (literally), you should come to terms with the fact that non-smart people will always outnumber you.

      --
      Trying to install linux on my microwave, but keep getting a kernel panic...
    125. Re:It should read 'stoopid people hath spoken' by Pvt_Ryan · · Score: 1

      he should issue the city with a dmca notice for his network

    126. Re:It should read 'stoopid people hath spoken' by Pvt_Ryan · · Score: 1

      what if you delete the root user and replace it with your username and passwd? silly thing to do yes but still i wonder what applies then. it's then your user account with system privileges

    127. Re:It should read 'stoopid people hath spoken' by Zarel · · Score: 2, Insightful

      Right. I saw it happening a lot here after Hans Reiser killed his wife. It was pretty damn obvious he did it, but he sure had a lot of otherwise intelligent slashdotters refusing to face facts.

      To be exact, you saw a lot of people hoping he didn't really do it without precluding the possibility that he did, after Hans Reiser was accused of killing his wife. Fortunately, in the United States, we have a legal concept summarized "innocent until proven guilty", hence why many Slashdotters believed it was possible that he was innocent before he was convicted. Furthermore, when the case was first publicized, there wasn't that much evidence against him - it was only later that enough facts of the case were made public that it seemed likely that he was guilty.

      On the other hand, the Terry Childs case is different - while in the Reiser case the disagreement was about what really happened, in the Childs case the disagreement is about whether or not what happened was legal.

      If my understanding of the case is correct, he refused to disclose a password to some people who were not his supervisors (but maybe could qualify as "former supervisors"). I see nothing wrong with this legally, since the state's security policy specified that he was not allowed to disclose the password to his superiors (and security policies trump immediate supervisors), and because they were no longer his supervisors in the first place because they had fired him. I also see nothing wrong with this morally, because disclosing the passwords could have compromised the security of the system (after all, that's why it's forbidden by the security policy in the first place).

      Now, it's possible that I have misunderstood the facts of the case (I mean, either I or the jury have, and it's a fair assumption that the jury is better informed than I, a random Slashdotter), but I've seen a few previous Slashdot stories on Terry Childs, and I haven't seen any comment refuting this particular viewpoint.

      --
      Want a high quality FOSS RTS game? Try Warzone 2100!
    128. Re:It should read 'stoopid people hath spoken' by AlexiaDeath · · Score: 1

      That explains it. Nobody with half a clue would agree to this.

    129. Re:It should read 'stoopid people hath spoken' by FriendlyLurker · · Score: 1

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

      This is where some enterprising independent investigative journalist/blogger could step up, track down, and get the inside scoop on that amazing "remove jury doubt" justice run around.

      What I want to know: How did the replacement get up to speed with the months of trial information, to make a decision in a few hours? Or did they just want to get out of there as quickly as possible hours after being pulled in. And what the happened to jury debates behind closed doors? How can the judge know who is the "troublemakers" are in order to throw them off the jury? Do juries debate a little (a mere day or two - nothing really) then the majority run out to the judge complaining that there are a few disagreements, could he/she please kick them off the jury team so that they can all get on with their groupthink and normal lives quicker. Justice, Indeed.

    130. Re:It should read 'stoopid people hath spoken' by mcvos · · Score: 1

      Some sysadmins have waaay too high an opinion of the importance of their computer systems.

      True, but some managers and politicians have a way too low opinion of the importance of security on their computer systems.

      If this system contains sensitive public information or performs an important public function, then Childs' boss shouldn't have the right to endanger the security of that system.

    131. Re:It should read 'stoopid people hath spoken' by seeker_1us · · Score: 1

      No it's even worse. They wanted him to break his written contract and disclose the passwords to unauthorized personnel. When he followed the contract, they arrested him. I cannot believe he was convicted.

    132. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      The difference being that Hans Reiser committed murder, whereas Terry Childs was exceptionally careful to follow the law and policies of his employer. Terry Childs did not break any law, and acting in the most ethical way possible in his situation.

      Everything that has come out about this trial has shown that to be the case. Terry Childs did nothing wrong, and this is probably the best cause to rally around in the history of nerd trials.

    133. Re:It should read 'stoopid people hath spoken' by HungryHobo · · Score: 1

      sysadmins can be scarily dedicated to protecting the systems they're in charge of.
      Which would explain quite a lot of it.

    134. Re:It should read 'stoopid people hath spoken' by HungryHobo · · Score: 1

      Isn't such a system insanely prone to failure?
      One blip in the power supply and half the network is down and all the configs wiped.

    135. Re:It should read 'stoopid people hath spoken' by L4t3r4lu5 · · Score: 1

      Has anyone considered that he might have had the same mentality as a lot of /. currently hold?

      "We know what it's like, therefore he's innocent! Facts? I don't know what they were, I wasn't listening..."

      This person may have been removed because he was shouting over everybody "LA LA LA HE'S NOT GUILTY LA LA LA I WON'T LET HIM GET CONVICTED HE'S A NERD LIKE ME LA LA LA!"

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    136. Re:It should read 'stoopid people hath spoken' by Richard_at_work · · Score: 1

      I've held off commenting on this story, but I think I will have to.

      AFTER he's fired, they go to him and STILL want him to do part of his job (disclose the passwords). Tough cookies. The deal in employment is "payment received for services rendered". Once he's fired, he is not receiving payment from the city. So he's under no obligation whatsoever to render services.

      That argument is stupid - Childs was obstructive in his employers efforts to gain access to their own property, and he continued to do so even after he was fired. The equivalent is if he had refused to return the only set of keys, or the combination to a safe - he is depriving owners of their property.

      They never wanted him to do his job, they just wanted him to return their property - the fact that he was not in physical possession of that property is neither here nor there, he was still depriving them of it.

      I know its unpopular here, but I support this conviction - Childs was being an asshole prima donna and suffered for it.

    137. Re:It should read 'stoopid people hath spoken' by HungryHobo · · Score: 1

      Personally I find it more worrying how passwords are gradually being considered to be like physical objects rather than what they really are- knowledge.

      I think the difference between key(cryptographic) and key(physical) confuses people and muddies the issue in laymens minds.

    138. Re:It should read 'stoopid people hath spoken' by Xest · · Score: 1

      Out of interest, do you feel someone whose left their job should have to hand over the passwords if requested?

      When I left my last job (which I hated, thoroughly because my boss was a dick) I made sure I gave them everything they needed to take over the systems I managed. Of course, my boss being incompetent never took note of the password I gave him and forgot it, they came to me a year later, when they were finally desperate enough to need to manage the system in question and demanded I give them the password. I could still remember it, but by that point told them if they want me to deal with it, they'll have to pay me a days consultancy fees to go in and help them access the system.

      I suspect though this was possibly legally dubious, but frankly I also didn't see why I should have to take phone calls from a boss I hated in a job I'd long left, for information I made sure I handed over once already before I quit.

      I do sympathise with Childs, but I'll admit I don't have a full understanding about the case and why he refused to withhold it, perhaps his circumstances were quite different and he was indeed just being an ass.

    139. Re:It should read 'stoopid people hath spoken' by Thanshin · · Score: 1

      Do smart people deserve to be governed like idiots just because they're outnumbered by idiots?

      Everyone will be always governed by the most powerful.

      The ways of getting power change, and intelligence is still not the best. It doesn't give a man as much power as the ability to maniputale the masses.

      If you want smart people to not be governed by masses manipulators. use your intelligence to change the previous fact. Make intelligence more power providing than mass control.

      Examples:
      - Create a method of mass murder that can only be avoided by intellect. A russian national lottery of some sort.
      - Replace masses with robots.
      - Move to a space capsule, extracting yourself from society.
      - Join a group of equally intelligent people, get into a protected bunker and kill everybody else. Preferably with a short lived attack. Then, repopulate the Earth.

    140. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0, Troll

      Right. I saw it happening a lot here after Hans Reiser killed his wife. It was pretty damn obvious he did it, but he sure had a lot of otherwise intelligent slashdotters refusing to face facts.

      If it was so obvious to you, why didn't you tell the police the facts? As it is, they were unable to show even a tiny amount of evidence that she was even dead. According to his own lawyer, he was convicted because he didn't listen to his lawyer when told to shut up, not because of any evidence.

      The proof was only presented (by Reiser himself) after he was convicted.

    141. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      If your boss demands the password, give it to them

      And if someone rummaging around in stuff that said person shouldn't be allowed access to claims to be your boss, give him/her the password too. Don't wait for your usual boss to visit you in jail, to get the passwords.

    142. Re:It should read 'stoopid people hath spoken' by Antique+Geekmeister · · Score: 1

      Oh, dear. So when a conductor retires, he gets to take the keys to the train with him, even if they'r ethe only keys, because handing them in isn't his job anymore? No, you leave all the keys behind on your way out the door. If you happen to still have a set of keys, or other work equipment, in your home or your vehicle, you don't get to keep them because you're no longer an employee. You have to return them _precisely_ because you are no longer an employee.

      Mr. Childs was mishandled: given the cost and embarrassment of this case, he should have given a written set of passwords directly to the mayor, washed his hands of it, and allowed the mayor to be the fool who shared the passwords. Given the alleged incompetence of the consultants and employees who would wind up with the vital passwords, notifying the press or the city emergency departments of the risk so that they can be prepared for system failures might also be reasonable.

    143. Re:It should read 'stoopid people hath spoken' by Opportunist · · Score: 1

      Being smart, and noticing how intelligence does follow that bell curve quite nicely, makes you come to two very sad realisations:

      1. How stupid the average person it.
      2. That 50% of the people are even stupider.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    144. Re:It should read 'stoopid people hath spoken' by omglolbah · · Score: 1

      Yup, quite true. What it is though is VERY secure. Nobody can gain access to the configuration without the passwords.

      Such a configuration should be set up with a redundant UPS. This removes most of the risk of unwanted resets.

      When it comes to intended power cycles it is a different matter. You can configure the hardware to fetch their configuration from an external source. This is a fairly common way of doing it.

      What this ensures is that nobody will gain network access and passwords if they manage to steal a piece of equipment! If that kind of security is not critical to you then a configuration in volatile ram is probably not needed and can be avoided.

    145. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      one of the jurors ... one.

      Have you not seen Twelve Angry Men?

      It only takes one Not Guilty vote to prevent a conviction.

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

      So this is how they get convictions...

      Remove the obstacles to conviction...

    146. Re:It should read 'stoopid people hath spoken' by Opportunist · · Score: 1

      In this case, the person responsible for such a setup should be fired on the spot. Critical configuration only available in volatile memory is asking for trouble.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    147. Re:It should read 'stoopid people hath spoken' by Opportunist · · Score: 1

      Passwords to critical network infrastructure are not your password. What's meant in this context is your user password, used to identify you as a person to the network.

      In other words, you are NOT root on your company's computer. root is an impersonal account, not tied to a specific person but to a specific organisation position.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    148. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 1, Interesting

      > No large company runs like that.

      Good grief, how I wish that were true :-/

    149. Re:It should read 'stoopid people hath spoken' by kainewynd2 · · Score: 1

      By all accounts the city's network worked flawlessly the entire time.

      I was there at the time and it did work flawlessly. Terry Childs might be an egotistical ass, but apparently knew what he was doing.

      --
      I just don't get... eh, ugh... never mind. This post wasn't worth the research I put into it.
    150. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      1. How stupid the average person it.

      Indeed.

    151. Re:It should read 'stoopid people hath spoken' by groslyunderpaid · · Score: 1

      I understand your point, but lets not follow the red herring. His memories were not owned, the passwords were. His memory is just a method of storage for the passwords. They aren't dictating that he remember or forget the passwords; they could care less about his memory; they just want the passwords. Why weren't they written down somewhere? Had he had the system passwords documented, like any *good* sysadmin does, then his "memory" wouldn't be an issue.

    152. Re:It should read 'stoopid people hath spoken' by Bakkster · · Score: 1

      RTFA before you claim something that did happen, didn't.

      One juror, Jason Chilton, also a network engineer, said the law Childs was accused of breaking -- knowingly disrupting computer services or denying those services to an authorized user -- is "very specific," and though no services were actually disrupted, "he denied that access."
      Chilton, however, said Childs' supervisors at the Department of Technology were also to blame. He said they "did everything wrong that they possibly could," citing "ineffective management and no formalized policies and procedures" for dealing with employees in such situations.
      "If the city were on trial, they'd probably be guilty of a lot of stuff too," Chilton said.
      Ultimately, Chilton said, Childs "didn't follow the law, which was the basic thing that it came down to."
      Of the network engineer code about not giving up your passwords, Chilton said, "Your own passwords, yes, but you don't deny access to someone who's authorized."

      FTA

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    153. Re:It should read 'stoopid people hath spoken' by Critical+Facilities · · Score: 1
      Would you knock it off? You've already tried this here, and you're still repeating this selective quoting of the policy. The section you're quoting is referring to "user level" passwords. It's designed to prevent the little lackeys and administrative assistants from giving out their PC Logon passwords and email passwords to each other. However the very same policy states very clearly that the requirement for "system level" passwords is more stringent. Here is the appropriate section:

      All production system-level passwords must be part of the security administered global password management database.

    154. Re:It should read 'stoopid people hath spoken' by jockeys · · Score: 1

      "I'm smart enough to know that I'm dumb" is one of my favorite quotes.

      Bill: "True wisdom lies in knowing that you know nothing."
      Ted: ...dude, that's us!

      --

      In Soviet Russia jokes are formulaic and decidedly non-humorous.
    155. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      I'm so glad you pot smokers keep QQ'ing about not being to smoke it at the bus stop. I would completely forget about how oppressed you are without it. >_>

    156. Re:It should read 'stoopid people hath spoken' by nomadic · · Score: 1

      ut of interest, do you feel someone whose left their job should have to hand over the passwords if requested?

      Yes.

      suspect though this was possibly legally dubious, but frankly I also didn't see why I should have to take phone calls from a boss I hated in a job I'd long left, for information I made sure I handed over once already before I quit.

      Doesn't sound legally dubious to me; though in that situation as a practical matter I would put the offer to work pursuant to a consulting fee in writing, and in that writing also mention that you gave them the passwords a long time ago.

    157. Re:It should read 'stoopid people hath spoken' by RingDev · · Score: 1

      That sounds like a great basis for a CIVIL suit, you know, where the plaintiff could prove damages and the defendant, if found guilty based on a preponderance of the evidence, would have to pay for those damages.

      Problem though, they brought about a CRIMINAL suit.

      If this had been a civilian company, it wouldn't have been anything. Dude gets fired, won't cough up the passwords. The company invests labor in manually resetting the hardware's passwords and reloading configs. Then calcs the cost of the down time and labor, and sues his pants off.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    158. Re:It should read 'stoopid people hath spoken' by SvnLyrBrto · · Score: 1

      No, he doesn't get to take the keys with him. But he DOES get to take the knowledge with him. There's a big difference. And if the rail bosses are dumb enough to fire the only person who knows how to operate the train, tough cookies. He's not getting paid, so he should be under no obligation to train the replacement conductor. The railroad can pound sand and go figure it out themselves.

      Now, just substitute router back in for train.

      --
      Imagine all the people...
    159. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      one of the jurors ... one.

      Have you not seen Twelve Angry Men?

      It only takes one Not Guilty vote to prevent a conviction.

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

      Jesus Christ! Isn't that illegal? I mean the whole point of a jury is once its selected and has begun deliberations, the jury's decision is final. If they can remove "one bad apple who won't go the government's way", what does that mean for basic common law rights of juries like nullification? That one fact right there is worse than the actual case and the impact it has.

    160. Re:It should read 'stoopid people hath spoken' by biryokumaru · · Score: 1

      I don't smoke pot, or support casual drug use of any kind, but I also don't support wasting tax payer money to fill our jails with non-violent criminals who are a danger only to themselves.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    161. Re:It should read 'stoopid people hath spoken' by DragonWriter · · Score: 2, Informative

      You can kill people and get less than five years in jail.

      Sure, and you can do what Childs did and get less than 5 years in jail; except for homicides which aren't criminal in the first place, you probably won't find a homicide offense that has less than a 5 year maximum sentence, though, and comparing the maximum sentence available for the crime Childs was convicted of to the minimum sentence actually given out for a particular instance of a different crime is pretty meaningless.

    162. Re:It should read 'stoopid people hath spoken' by HeckRuler · · Score: 1

      Sure, to hell with him.

      What I've been rallying around is his professionalism and doing the right thing even in the face of vengeful authority. And apparently the lesson is to fuck over the people and their network, expose it the PHB's, and whatever highschool grad they hire to replace you, and simply wash your hands of the whole affair.

      Oh wait, you can't, because you'd be liable for the network and they'll probably sue you when the next in line screws it all up. So you might as well just slit your own throat well before they need a sacrificial lamb.

    163. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      If you have only 'one' password that has priv 15 to your routers for a medium to large business then you are an idiot.

      That's why we have such nifty things as TACACS, TACACS+, RADIUS... etc, etc.

    164. Re:It should read 'stoopid people hath spoken' by wastedlife · · Score: 1

      My understanding is that under his contract of employment, he was specifically not allowed to divulge the password except to those with specific clearance. If I am incorrect and someone can provide a link with more information I would greatly appreciate it. In this case, if they had brought on a civil suit he could use the contract as evidence in his favor, and might be able to counter-sue for breach of contract (would being forced to breach your contract constitute a breach of contract on their part?). So, to avoid that they threw a bunch of criminal charges at him to see what would stick. It looks like one of them did.

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    165. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      What if he doesn't read slashdot, eh?

    166. Re:It should read 'stoopid people hath spoken' by rgviza · · Score: 1

      Yup. A state IT supervisor monkey should be at least capable of using google. It should be part of the interview process.

      "reset cisco router password [model]" returns the correct answer as the first result. You'll see similar results for other brands and types of equipment.

      The IT supervisor and Terry Childs' co-workers should be on trial for gross incompetence. Terry Childs was right to not give his uid and pw to his co-workers. Given the fact that they can't use google, they're so stupid they may have taken down the network with it. Then he'd be on trial for giving up his passwords and letting them break the network.

      TC was in a no-win situation and this jury needs to be educated about IT best practices as well as what to do with someone that would have committed a crime no matter what he'd done. Isn't there something on the law books about no-win situations like this? Giving city or state owned router passwords to an incompetent should be a crime, and his supervisor is either incompetent, or was trying to railroad him, in which case, he'd be going to jail for giving up his passwords, had he complied.

      There is no middle ground.

      That being said, I agree that 5 years is harsh, but that's the maximum sentence. Given that it's his first offense, he's likely to get time served and probation unless he pissed off the judge.

      Childs must have one hell of a crappy lawyer.

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    167. Re:It should read 'stoopid people hath spoken' by COMON$ · · Score: 1

      In most cases I would agree with you. However, there are situations in which a steward of the network needs to be cautious. There are numerous networks that, if they go down, has a large impact on life. Imagine the damage done if the DMV network goes down for 1 day, or if law enforcement information is unavailable for a week. Or a hospital's system goes down...

      --
      CS: It is all sink or swim...oh and did I mention there are sharks in that water?
    168. Re:It should read 'stoopid people hath spoken' by Shakrai · · Score: 1

      According to his own lawyer, he was convicted because he didn't listen to his lawyer when told to shut up

      That sounds better than "My client did what I told him but was still convicted without a body because I'm a lousy lawyer."

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    169. Re:It should read 'stoopid people hath spoken' by Doctor+Faustus · · Score: 1

      he sure had a lot of otherwise intelligent slashdotters refusing to face facts.
      What, that his wife disappeared, and Hans acted strangely and was kind-of a jerk? Yes, it turns out that he did do it, and I don't think anyone denied there was a good chance he did, but there wasn't anything like clear and convincing proof.

      When a married person is murdered, there's always a good chance the spouse did it. That doesn't mean the spouse should automatically be convicted if there are no other obvious candidates, but that's pretty much the way things work now.

    170. Re:It should read 'stoopid people hath spoken' by Shakrai · · Score: 1

      or support casual drug use of any kind

      And yet, here you are, posting on /. ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    171. Re:It should read 'stoopid people hath spoken' by jgiltner · · Score: 1

      "It was his baby and he owned it." He may have designed it, and he may have built the majority of it by himself, but the city owned it, not him. If I pay a builder to build a house for me, it is mine. Not his, he may win awards for it, but it is mine. As long as I paid him for it is mine and he must had the keys over to me. He can't decide that he wants to keep it.

    172. Re:It should read 'stoopid people hath spoken' by billybacs · · Score: 0

      Suicide's illegal because if you try and fail enough times, people get annoyed at having to shell out thousands in emergency care after each attempt. So you can't do it right, you get charged with *attempted* suicide and put in an institution so you don't keep failing to kill yourself and wasting your family's money.

      It doesn't actually get used unless you're a masochistic version of Eugene from "Hey Arnold!".

    173. Re:It should read 'stoopid people hath spoken' by Ungrounded+Lightning · · Score: 1

      ... but I also think the employer is going to have to pay somebody to go through the entire configuration because they had a guy working there who they didn't trust, so redoing the router configuration may turn out to be a small part of that.

      Yep.

      But if I were that guy I'd want the password so I could download the actual configuration of the routers, etc. Otherwise, even with a lot of sniffing and probing before lobotomizing the routers, I'd probably still end up killing the net, maybe for weeks, maybe multiply. This would not look good on my resume or in the news articles with my name attached. So I wouldn't take the job. B-)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    174. Re:It should read 'stoopid people hath spoken' by bill_mcgonigle · · Score: 2, Insightful

      "We had a lot of sympathy for him," said juror Jason Chilton, who is a network engineer. "He was put in a position he should not have been put in.

      Then they should have nullified the law - that's why we have juries. Juries have two jobs: one is to judge the crime, the other is to judge the law. Last time I sat on Jury Duty they showed an industrial training video that said pretty much the opposite. Only because I've read the US Supreme Court decisions specifically on the topic did I know better. I told the judge that I could not follow his orders if they ran contrary to natural rights and was dismissed. Others think it's better to lie and get on the jury and they have some points.

      Did nobody hand out FIJA literature to these jurors?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    175. Re:It should read 'stoopid people hath spoken' by jimnorcal · · Score: 1

      So he's under no obligation whatsoever to render services.

      You're correct in thinking he's under no obligation to render services. However, the passwords to the equipment is the same as physical keys and they are the property of the city. He is obligated to return that property upon request of the city without delay.

      I went through a situation like this when I lost my job. My workstation was encrypted with truecrypt (boot partition). I was running tests with it to see if it was reliable enough to put on all the company laptops. When I was let go, my supervisor stopped by my house some days later telling me that if I didn't give up the password to the encrypted workstation that they would have the police come over and ask me for them. Yea, ok, whatever. I figured I was no longer under any obligation to give up that password, especially since all previous employee workstations were typically reformatted anyway. I couldn't figure out why the wanted to get into my personal workstation anyway. All data was stored on the server shares where management had full access to. They obviously just wanted to be nosy after the fact which I didn't really care (I had nothing on the workstation worth hiding and I was already fired anyway so .. so what) so I gave up the password right then and there without protest. I was in fact very cooperative on that. This was a few years ago. I had a good friend call that company for a 'reference check' and they told him without even asking who he was or what company he was calling from that I refused to give up the password. That's off topic here so I won't continue but let's say that I'm investigating legal options.

      Some months later I mentioned this situation on a legal board online somewhere and an attorney told me the same thing I just said above; the passwords are the property of the company and I am obligated to return that property when requested.

      One thing I'm wondering is what would have happened if the password would have been kept on a post it note on my desk somewhere (since this was just a truecrypt boot password that was for experimental purposes and wasn't necessary or required through policies/procedures to be protected) and management threw it away after I left the building for good thinking it was trash then later show up at my door asking for he password but I don't know it since I never memorized it and kept it on the post-it note? I don't know what the legal ramifications of that would have been. It was like leaving a physical key on my desk and them throwing it away thinking it was just a random piece of metal. Then again, it would have also been a key that wasn't officially issued to me but one I created myself after putting on a new door lock on my computer under testing purposes (which IT does). Anyone care to give an answer to that complex situation?

    176. Re:It should read 'stoopid people hath spoken' by Strolls · · Score: 1

      My reluctance to believe Reiser's guilt was over how an intelligent guy could possibly have been so stupid.

    177. Re:It should read 'stoopid people hath spoken' by sustik · · Score: 1

      IANAL and I cannot claim understanding of all the details of the case. But could not those individuals start a (class action) lawsuit whose personal information was disclosed as you state? Is it government im(p)unity that prevents this from happening?

    178. Re:It should read 'stoopid people hath spoken' by jgoemat · · Score: 1

      So if a bank hired a guy to build their vault and kept the guy on to open it every morning, would he have to give them the combination if they fired him? The network and passwords to the routers are the city's property and he should have handed them over.

    179. Re:It should read 'stoopid people hath spoken' by BobMcD · · Score: 1

      You can make a case that he was insubordinate and deserved to be fired. But once he *was* fired, he was entirely in the right to tell the city to FOAD. And the court should have told the city to FOAD as well.

      He may well have had that right, but so long as his refusal was creating a real, substantial risk to equipment he was no longer responsible for, he was committing a crime.

      He had the right to commit that crime, and the city had the right to punish him for that infraction.

      Was still a crime, though.

    180. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      No, he was already fired. Then they sprung the demands for passwords

    181. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      Terry Childs is apparently 43 years old. So, 28 years ago, in 1982, he would have been 15. Make of this what you will.

    182. Re:It should read 'stoopid people hath spoken' by drkim · · Score: 1

      I think George Carlin said it best:

      "Think of how stupid the average person is, and realize half of them are stupider than that."

    183. Re:It should read 'stoopid people hath spoken' by Antique+Geekmeister · · Score: 1

      No, he didn't withhold "the programming knowledge". He withheld the passwords. Moreover, he was _already_ paid: the contract still clearly applies, unless the city actually breached the contract in some way. Forcing the city to continue to dance to his tune, without that kind of a breach of contract on the city's part, was clearly a breach of contract unless his contract was _very_ strange.

      Allow me to quote the relevant portion from a sample contract below. It makes very clear that your model has no relevance to any typical IT employment situation, and this sample can be found at http://www.medlawplus.com/legalforms/instruct/sample-employmentcontract.pdf.

      I. Intellectual work product. Any writing, invention, process, creative mark or other work which Employee
      may make or conceive of, either alone or with others, at any time while Employee is an employee of
      Employer which in any way relates to the business of Employer, shall be the sole property of Employer and
      Employee shall have no rights in nor claims thereto (including, but not limited to, rights or claims accruing
      under the copyright, trademark, or patent laws of any country).

    184. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      As stupid as it is, its the law. He has an obligation to follow the law, not a moral technical compass. If there is a problem with the law then it needs to be changed not broken. You are your technical vigilantes need to be stopped from taking technology into your own hands.

      How exactly was he breaking the law? As I understand it, the whole issue wasn't that he tampered with anything. Instead, he refused to disclose the passwords when the person requesting them did not follow proper protocols.

      "How exactly was he breaking the law?" Let's see, the police arrested him, a DA agreed to try him, and a jury found him guilty, but you CAN'T see it. As an IT Professional that works for government, you are exactly the type of person I would never hire. He was not the IT Director, he does not have the authority to decide who has access to the network. If his supervisor requests the passwords and is being backed up by Senior Management, then he is a FOOL not to oblige. However, if you think spending two years in prison is not foolish, then maybe you have a point.

    185. Re:It should read 'stoopid people hath spoken' by laughingcoyote · · Score: 1

      Doesn't matter if I gave them before. Once you fire me, you're asserting that you've no more obligation to pay me. At that point, I've got no more obligation to work for you either. If you'd like me to do work for you after I'm no longer employed with you, let's have a talk about my hourly consulting fees.

      The only time at which I am expected to make my employer's life easier, or obey their chain of command, is when they are paying me to do so. The moment that they cease writing the checks, I cease to have any obligation to them-and if they released me, that's their decision, not mine.

      Where would something like this stop? If I'd been in the middle of developing custom code for an employer when terminated, would I be obliged (free of charge) to finish it to avoid "denying them access" to whatever I was working with? What if they fired me in the middle of doing a critical upgrade, and the fact I couldn't complete it caused problems? Am I now obligated to come finish that for them, again at no charge?

      If they have a harder time getting access to them without me around, tough shit-they should've planned better to start with, or else they need to keep me employed, hire me (at consulting rates) once they realize their error (provided I'm willing to do it, I'm under no obligation even if they're willing to), or hire someone else to work around that issue. It should never be a felony to refuse to work with or comply with a former employer. If you're that valuable, they better keep you around.

      --
      To fight the war on terror, stop being afraid.
    186. Re:It should read 'stoopid people hath spoken' by Anonymous Coward · · Score: 0

      You say we are rallying around him- but nothing says we wouldn't be supporting any other person wrongly accused in a similar situation. This is a management failure. His failure shouldn't be any more prosecuted than his superiors. I don't think he broke the letter of the law either. He didn't deny access to the systems. They were able to gain access to the systems without the passwords.

  3. Please appeal, by tomhudson · · Score: 1

    ... because this verdict certainly isn't appealing.

    1. Re:Please appeal, by Dragoniz3r · · Score: 1, Informative

      No, I daresay it's not very appealing to him. However, as far as I can tell, the man is indeed guilty. I've forgotten a lot of the details of the the original circumstances, but I remember enough to say that holding a city's computer systems random (which is essentially what he was doing) certainly deserves a guilty verdict on a count of "computer tampering." You really think it's acceptable under any circumstances for someone to hijack a network like that? Yes, he works there and technically "administrates" those machines, but he has a duty to his employers (ultimately, the citizens), and he was not upholding that duty.

    2. Re:Please appeal, by fewnorms · · Score: 5, Funny

      ...holding a city's computer systems random...

      Yes, I see where that might be an issue... ;)

      --
      Veni, Vidi, Velcro!
    3. Re:Please appeal, by rsborg · · Score: 1

      ...but I remember enough to say that holding a city's computer systems random (which is essentially what he was doing) ...

      So how do you hold a computer system random? Threaten with /dev/random against / ?

      --
      Make sure everyone's vote counts: Verified Voting
    4. Re:Please appeal, by Anonymous Coward · · Score: 0

      You probably should go re-read the case. He held nothing hostage, he was doing his job.

    5. Re:Please appeal, by Dragoniz3r · · Score: 1

      And this, kids, is why proofreading once isn't enough. Ransom, naturally.

    6. Re:Please appeal, by Dragoniz3r · · Score: 3, Funny

      No that would be a simple case of bitnapping. You'd have to request some sort of recompense in exchange for releasing / in order for it to be "holding random".

    7. Re:Please appeal, by AK+Marc · · Score: 1

      However, as far as I can tell, the man is indeed guilty.

      Guilty of what? Being a hard headed ass? Yes. But that's not against the law. He didn't break any laws. They convicted him of "tampering" which *requires* he do actual damage. They said that he could have done damage and no one could have stopped it was actual damage, and won. I didn't sit in the trial, but I can't understand how that conviction could have happened. The network ran fine until he gave out the passwords, then the people broke it. He didn't "tamper" with it. It was working fine the whole time he withheld the passwords.

      You really think it's acceptable under any circumstances for someone to hijack a network like that?

      You are confusing "not acceptable" with "illegal".

      he has a duty to his employers (ultimately, the citizens), and he was not upholding that duty.

      He withheld the passwords - the network worked. He gave them out - the network failed. I think your calls of violation of duty are misplaced. He "failed" the people by giving out the passwords, if his duty was to ensure the network worked.

    8. Re:Please appeal, by slashqwerty · · Score: 5, Insightful

      Let's say he was hit by a bus, killed, and consequently unable to disclose the password. Would he be guilty of computer tampering in that case? How about the bus driver?

    9. Re:Please appeal, by Cryacin · · Score: 2, Funny

      I thought Random was quite on point. :P

      --
      Science advances one funeral at a time- Max Planck
    10. Re:Please appeal, by baerm · · Score: 2, Interesting

      ...but I remember enough to say that holding a city's computer systems random [sic] (which is essentially what he was doing) certainly deserves a guilty verdict on a count of "computer tampering." You really think it's acceptable under any circumstances for someone to hijack a network like that? Yes, he works there and technically "administrates" those machines, but he has a duty to his employers (ultimately, the citizens), and he was not upholding that duty.

      I remember it differently. Either that or this is for some other definition of "hijack", "ransom", and "duty" than the definitions commonly used and found in the dictionary.

      "hijack" : He didn't take it over, he was the network admin.

      "ransom" : He didn't ask for any ransom, he stated he would only give the password to the Mayor.

      "duty" : According to how he interpreted the written job requirements, giving the password to anyone else much less a roomful of known, semi-known, unknown and a phone full of unknown people did not match the written security requirements.

      Frankly, from what I've read, I agree. Although, I would hope and expect that the jury has a good deal more information than I have. It does scare me that an ignorant jury could have just been afraid of a "Oh my god!, computer hacker" and convicted him on their emotional response rather than intelligent deliberation. I hope I'm just missing some of the info they had.

    11. Re:Please appeal, by tomhudson · · Score: 1

      ... and if he HAD given out the passwords earlier, he would have actually been guilty. Damned if you do, damned if you don't.

      Reminds me of the skit where, before a trip to Las Vegas, the husband tells the wife "don't give me any extra money." Then, after he's lost his stake, he's got her in a choke-hold - "Give me the damn money!"

      This was political, through and through. There needs to be an overhaul of the US system of "justice" - or at least name change so it conforms to "truth in advertising" laws. Start by getting rid of the whole "N Circuit" system. It leads to contradictory rulings. And don't allow the election of judges at ANY level. Let them be appointed, and when there's a mistake made, throw out the person who appointed them.

      And fix your campaign finance laws - no corporate donations - ever. Companies are not people and only in Bizarro-world would they have first amendment rights.

      Want to get rid of most of the nuisance lawsuits? Make each side responsible for their own legal fees, win or lose. It works here. Hint - the lawyers don't like it, because it cuts down on the amount of work they can drum up.

      And stop with the "jury tell-all" crap. Pay jurors a non-trivial amount for their service (say $100 a day), so people don't keep trying to duck it because they only get paid after 50 days of service, and bar them from speaking about their deliberations - to anyone - after the trial is done.

      ... but none of that's going to happen. It would be too reasonable. Just like letting gays and lesbians serve openly in the military is too reasonable. Or going after the ratings agencies (Moody's) - and their major shareholders (I'm looking at YOU, Warren Fuckit^WBuffett). Extend no-fault to $25k, and bar lawyers from small claims courts unless they themselves are the party.

      Bring in mandatory no-fault divorce. One of the parties no longer wants to be married should be the ONLY admissible reason for ending a marriage - end all the stupidity of digging up dirt on the other party or making accusations that half the time are either unfounded or gross misrepresentations. Again - the lawyers hated that one, because it cut down on their earnings.

    12. Re:Please appeal, by mysidia · · Score: 1

      Holding it for ransom? When? I don't believe he was demanding anything in exchange for the passwords.

    13. Re:Please appeal, by HTH+NE1 · · Score: 1

      Perhaps he thinks an audience with the Mayor is considered "something of value". Or even just bragging rights that he had met the Mayor. It seems to work for prosecutors in software piracy cases; why not extortion?

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    14. Re:Please appeal, by zippthorne · · Score: 1

      $100 per day? Let us know what you think is a "decent" amount of money when you get out of school....

      --
      Can you be Even More Awesome?!
    15. Re:Please appeal, by iamwahoo2 · · Score: 1

      I see your point, however, I think that this is a case of the jury stretching the meaning of tampering in order to make it fit their desires for this particular case. I seriously doubt that this is what legislatures had in mind when they wrote this law. What this man did is incredibly unprofessional and destructive, but it was not illegal according to the of the law and the definition of "computer tampering".

    16. Re:Please appeal, by Anonymous Coward · · Score: 0

      he wasn't holding shit for ransom.. they could just fire him and change the damn passwords... he went to prison because people who run the courts, the police and society in general from which jury was selected have no fucking clue how this stuff works...ie the fact that passwords can be CHANGED

    17. Re:Please appeal, by archmcd · · Score: 1

      I don't have a /dev/ransom on my system... I have to agree with random.

      --
      I'm not an expert, but I play one on slashdot.
    18. Re:Please appeal, by tomhudson · · Score: 1

      It's a million times more than the $0 a day that many jurors get for the first 10 to 50 days of jury duty (varies by jurisdiction).

      Also, it would be tax-free by law, since taxing it would be interfering with the independence of the jury process.

      It's not enough to tempt people to lie about any potential bias that should cause them to be dismissed from jury duty.

      In other words, it's a reasonable solution. Since I don't see YOU offering up a better idea, why don't you just STFU. Unlike you, I have served on a jury.

    19. Re:Please appeal, by BitZtream · · Score: 1

      Yes, he would, because he should have stored them properly. They should have been stored securely in a way they could be recovered by others. Thats what proper sysadmins do. If you can't die tomorrow and have someone competent walk in and replace you, you are a shitty sysadmin who shouldn't be doing the job.

      The difference is, it would be a pointless waste of time to do anything to a dead man.

      Get some perspective.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    20. Re:Please appeal, by Anonymous Coward · · Score: 0

      His bosses appeared incompetent.

      Who, in their right mind, would allow such a large network to be administered by only one person? (Without even having the main password in a safe deposit box or something, in case of his death.)

      What if he fell off a cable car, and went into a coma? Or committed a crime and went to jail, and got so pissed he decided not to give out the password(s.)

    21. Re:Please appeal, by centuren · · Score: 1

      No, I daresay it's not very appealing to him. However, as far as I can tell, the man is indeed guilty. I've forgotten a lot of the details of the the original circumstances, but I remember enough to say that holding a city's computer systems random (which is essentially what he was doing) certainly deserves a guilty verdict on a count of "computer tampering." You really think it's acceptable under any circumstances for someone to hijack a network like that? Yes, he works there and technically "administrates" those machines, but he has a duty to his employers (ultimately, the citizens), and he was not upholding that duty.

      As an insubordinate employee, I can see how he could be sued for damages for costs accrued while the network is admin-less, as well as the extra time and personnel required to regain access to the network. Convicting him for "computer tampering" is just ridiculous, though. There are lots of jobs more suited to the concept of "duty" involved, and how many of them are turned into criminal matters?

    22. Re:Please appeal, by Pvt_Ryan · · Score: 1

      that is decent. its $36.5K per year not bad to sit on your ass doing nothing. hell its better than i get.

    23. Re:Please appeal, by Richard_at_work · · Score: 1

      He would be guilty of poor practices. There's a difference between refusal through choice and inability - your argument is is stupid because it ignores that point.

    24. Re:Please appeal, by Golddess · · Score: 1

      With a standard 8-hour day, that'd be $12.50 an hour. Are you saying that's too high or too low as compensation for the work that you are missing (and thus, for some, aren't getting paid for)?

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    25. Re:Please appeal, by Shakrai · · Score: 1

      This was political, through and through. There needs to be an overhaul of the US system of "justice" - or at least name change so it conforms to "truth in advertising" laws. Start by getting rid of the whole "N Circuit" system.

      What does the Federal court system have to do with a case in CA State court?

      Companies are not people and only in Bizarro-world would they have first amendment rights.

      Companies are made up of people working together for a common goal. Do you believe that the Sierra Club has the right to communicate their objectives to the public? The NRA? The ACLU? Why should the for-profit NY Times be allowed to endorse political candidates (as they do every election cycle) but not the non-profit Sierra Club?

      Want to get rid of most of the nuisance lawsuits? Make each side responsible for their own legal fees, win or lose. It works here. Hint - the lawyers don't like it, because it cuts down on the amount of work they can drum up.

      Someone I know was terminated from her job for refusing to perform certain "services" for her boss. She had no money at all and had to find a lawyer willing to work on the case for commission. How would she seek justice under your system? She can't afford to put up a bond to cover their legal fees if she loses. What's her choice, pray that she wins and file bankruptcy if she doesn't?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    26. Re:Please appeal, by tomhudson · · Score: 1

      1. Because you start fixing things by starting at the top. A fish rots from the head.

      2. Make it the same rule for everyone. No corporate endorsements. Period.

      3. Many jurisdictions have sexual harassment in the workplace laws. If she lives in one of those, file a complaint. If she doesn't, then maybe it would be time to start agitating for such laws. Or she could have gone the cheaper route - record the harassment, give a copy to police as evidence for a charge of attempted sexual assault, post it on youtube and make money going on the talk show circuit. Bonus: No need for a "confidentiality" agreement (which is what ends up happening if the perp agrees to pay up).

      People are using their cell phones to record all sorts of things nowadays - one teenager made a video of several other students pushing her off a cliff. The students have been charged with kidnapping and attempted murder.

      McKEE -- The mother of a gay Jackson County teenager says an attack on her daughter by classmates was a hate crime, but a detective said he would not classify the incident that way.

      Cheyenne Williams, 18, was attacked Friday because she is openly gay, said her mother, Dee Johnson.

      "It is a hate crime," Johnson said.

      State police Detective Joie Peters, who is investigating, said it appears the incident began as a practical joke but got out of hand, escalating to the point that Williams sustained minor injuries.

      Peters said he was not minimizing the incident but has not uncovered evidence it constituted a hate crime.

      The girls accused of attacking Williams are charged in district court with kidnapping and attempted murder, based on a criminal complaint Williams swore out.

      Peters said he would present evidence to a grand jury for a decision on what charge correctly fits the facts of the case.

      The grand jury could indict the girls on the same charges, a lesser charge such as assault or decline to indict them.

      The investigation is ongoing, Peters said.

      Those charged in the alleged attack -- who attended Jackson County High School with Williams -- are Ashley N. Sams, 18, of Annville; Corrine M. Schwab, 18 of Sandgap; and a 17-year-old girl. Her name and the charges against her have not been released because she is a juvenile.

      Williams said the three teens took her against her will to Flat Lick Falls, physically abused her and tried to push her off a cliff.

      Johnson said her daughter had the presence of mind to videotape the attack on her cell phone.

      "There's proof on the video that this is a hate crime," Johnson said.

      A hate crime is an offense motivated, in whole or in part, by bias based on race, religion, sexual orientation, disability or ethnicity/national origin, according to the FBI Web site.

      The site notes that the presence of bias alone does not mean a crime can be considered a hate crime.

      "Only when law enforcement investigation reveals sufficient evidence to lead a reasonable and prudent person to conclude that the offender's actions were motivated, in whole or in part, by his or her bias, should an incident be reported as a hate crime," the Web site says.

      Johnson declined to disclose details of the video or of the attack, saying police had told her not to discuss the case.

      Williams brandished a stick at the girls and was able to get away.

      The girls found her and forced her back into the car but then let her go, warning her not to say anything, said Corbin attorney Tim Crawford, who represents the school system.

      Williams also retrieved her phone and has given police the video.

      The girls charged in the attack had been friends with Williams for years and knew of her sexual orientation. One of the alleged attackers roomed with Williams on a senior trip to Key West, Fla., and the Bahamas three weeks ago, Crawford said.

    27. Re:Please appeal, by Shakrai · · Score: 1

      Make it the same rule for everyone. No corporate endorsements. Period.

      And you don't see a first amendment issue being raised by prohibiting the press from taking part in the political process?

      Many jurisdictions have sexual harassment in the workplace laws. If she lives in one of those, file a complaint. If she doesn't, then maybe it would be time to start agitating for such laws.

      Having your boss arrested doesn't put food in your stomach or a roof over your head.

      Or she could have gone the cheaper route - record the harassment, give a copy to police as evidence for a charge of attempted sexual assault, post it on youtube and make money going on the talk show circuit.

      Are you joking or serious? The talk shows don't interview everybody who has been propositioned at work nor would my friend relish claiming her 15 minutes of fame.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    28. Re:Please appeal, by tomhudson · · Score: 1

      The first amendment applies to people. Companies are not people. Newspapers should stick to reporting, not endorsing.

      If the boss is a creep who's trying to sexually harass you, you (1) say no, (2) get a job elsewhere, (3) file a complaint. No, it doesn't put food on the table, but that's the way life is sometimes.

      There's a difference between "being propositioned at work" and what you originally claimed, that "Someone I know was terminated from her job for refusing to perform certain "services" for her boss". Which was it? And why didn't she (a) tell him to get stuffed, and (b) start looking for a job elsewhere?

      In sexual harassment cases, it's important to do both. Just like in constructive dismissal cases, it's important to immediately (as in "on the spot") refuse the change in working conditions, or you are deemed to have accepted the change. Delay, even over the weekend, kills it. Refuse it, make your refusal known, and you can continue to work "under protest" while preserving your legal rights ... or you can walk out immediately, and again preserve your legal rights. What you can't do is just shut up and do nothing. When it comes down to - literally - a case of "he said / she said", your reactions WILL be taken into consideration. Saying "I found it offensive but I didn't quit" is also saying "I didn't find it offensive enough to quit." It's called "putting your money where your mouth is" for a reason.

      So back to the sexual harassment. Refuse, make it known, and start looking for another job. Sexual harassment IS a form of constructive dismissal.

      You don't need a lawyer to tell you this, or to back up your rights - plenty of jurisdictions have regulators who do this for free. In those that don't, you STILL have to tell them to get lost and start looking elsewhere, or it can be argued that it wasn't "that unacceptable to you - after all, you didn't quit." Maybe it shouldn't be like that, but that's the reality of it. If something is that offensive, you HAVE to go on record immediately, and your subsequent actions HAVE to match. Quiting isn't an option - it's pretty much mandatory.

    29. Re:Please appeal, by Shakrai · · Score: 1

      The first amendment applies to people. Companies are not people. Newspapers should stick to reporting, not endorsing.

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      So, in your world view the "press" only has these protections if it's one guy operating out of his basement under his own name without a corporate filing?

      No, it doesn't put food on the table, but that's the way life is sometimes.

      You don't have kids, do you? You'll find it isn't nearly as easy to take these sorts of principled stands when others go hungry as a result of them.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    30. Re:Please appeal, by tomhudson · · Score: 1
      The press is free to report the news. However, notice the comma between "freedom of speech, or of the press". The press doesn't have unlimited freedom. You can't go around committing crimes and then say "I'm a member of the press so it' okay for ME to rob a bank because otherwise that would be a law restricting the freedom of the press." The press has one job - reporting news. The press is free to report news. The press is not free to, for example, defame people. They do not enjoy special "freedom of speech" - what they enjoy is "freedom to publish" - to put out the news, and governments can't order them shut down "just because."

      That was the issue when the freedom of the press was being written into the first amendment - that government can't just say "stop the presses." The press has the right to publish the news. People have a right to voice opinions. The press doesn't have the same latitude to voice opinions under the constitution except where they are news. Saying that the NY Times editors endorse a candidate is not news - it belongs in the entertainment or op-ed pages.

      No, it doesn't put food on the table, but that's the way life is sometimes.

      You don't have kids, do you? You'll find it isn't nearly as easy to take these sorts of principled stands when others go hungry as a result of them.

      Yes, I do. And the best way to teach kids that something is wrong is by doing. Better that they learn that principles are worth standing up for, and taking risks for, and that it's possible to stand up for your rights, and that it's the right thing to do, and that, no matter what, you WILL muddle through.

      Otherwise, it becomes too easy to justify bending the rules, then outright criminal behaviour - "If I quit, then my kids might go hungry, so I had no choice, I had to continue to help Madoff."

      I'm not buying it.

    31. Re:Please appeal, by zippthorne · · Score: 1

      Too low. The median gross income in the US is something like 44k, which corresponds to an hourly rate of about $23/hour.

      To entice people away from their jobs who make more than the median income (about half of workers, but far fewer than half of all eligible jurors...), you need to offer a wage that's not an insult.

      They're basically eminent domain'ing your time. It needs to be compensated at a fair price, for most people, $12.50 wouldn't be anywhere near that fair price. Which makes you wonder if they're cheating people when they eminent domain their property. (well, I don't wonder about it, but I can see how one might...)

      --
      Can you be Even More Awesome?!
    32. Re:Please appeal, by Shakrai · · Score: 1

      The press doesn't have unlimited freedom. You can't go around committing crimes and then say "I'm a member of the press so it' okay for ME to rob a bank because otherwise that would be a law restricting the freedom of the press."

      C'mon, that's a straw man. I know you can better than that.

      They do not enjoy special "freedom of speech" - what they enjoy is "freedom to publish"

      Are you seriously claiming that there's a difference? Besides, the case that overturned the campaign finance laws was about publishing. Citizens United wanted to publish a movie about Hillary Clinton. The FEC told them that they could not do this. A organization that was formed for the purpose of engaging in the political process was forbidden to do so. I honestly don't understand how you can claim with a straight face that such a prohibition isn't a restriction on the 1st amendment. I can say whatever I want as an individual but if I organize with like minded people we are to be muzzled? The 1st amendment also includes the right to assemble.....

      Saying that the NY Times editors endorse a candidate is not news - it belongs in the entertainment or op-ed pages.

      What's the difference if they put it on the op-ed pages? It's still a for-profit corporation endorsing a political candidate, something that you clearly abhor.

      Otherwise, it becomes too easy to justify bending the rules, then outright criminal behaviour - "If I quit, then my kids might go hungry, so I had no choice, I had to continue to help Madoff."

      That's the second straw man. I'm talking about someone who was put in the position of losing her livelihood due to sexual harassment and you make a comparison to engaging in fraud.

      Better that they learn that principles are worth standing up for, and taking risks for, and that it's possible to stand up for your rights

      Suing the SOB who took your livelihood away isn't standing up for your rights?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    33. Re:Please appeal, by Shakrai · · Score: 1

      One other thing, sorry to reply twice, but do yourself a favor and read the transcripts and ruling from the Citizens United case.

      If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech. If the antidistortion rationale were to be accepted, however, it would permit Government to ban political speech simply because the speaker is an association that has taken on the corporate form. The Government contends that Austin permits it to ban corporate expenditures for almost all forms of communication stemming from a corporation. If Austin were correct, the Government could prohibit a corporation from expressing political views in media beyond those presented here, such as by printing books. The Government responds “that the FEC has never applied this statute to a book,” and if it did, “there would be quite [a] good as-applied challenge.” Tr. of Oral Arg. 65 (Sept. 9, 2009). This troubling assertion of brooding governmental power cannot be reconciled with the confidence and stability in civic discourse that the First Amendment must secure.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    34. Re:Please appeal, by tomhudson · · Score: 1

      You're going to have to come up with some way to put some controls on corporations vis. lobbying and campaign funding. Corporations aren't people. They don't have the rights of people, as simple as that. A law banning all corporate political contributions, whether in money or in kind, is needed. This doesn't abridge the individuals' freedom of speech - they are still free - as individuals, to say what they want. They simply wouldn't be free to form a corporation to say it in their place. Same as my dog can't exercise my rights in my place.

      It's simple - if you have no right to vote, you don't get to participate in the political process as a citizen. Neither the corporation, nor the dog, can vote. Neither has rights as a citizen.

      Corporations don't have political views. That's a reality. The people behind them do - so let them exercise their freedom of speech themselves, not through a corporate proxy. Same as they can vote themselves, but not through their corporate proxy.

      Another difference between corporations and people - you can't throw a company in jail. You CAN throw the people behind it in jail, when those individuals can be shown to have committed crimes. But corporations? They cannot be jailed, since they are a legal fiction. They are not persons, and don't have the same rights or properties as citizens. The lowest citizen has more rights than the largest corporation - and we should be acting that way.

      Then again, I live in a country where we have freedom of speech for individuals, but NOT for corporations, and we do have campaign finance laws in this province that are very strict. The sky didn't fall in - to the contrary, criticizing whoever's in power is a national pass-time. And since we're not competing with big campaign donors for the politicians' ear, we get heard more. Just a thought.

    35. Re:Please appeal, by tomhudson · · Score: 1

      I'm just saying that my way is (1) cheaper (2) quicker (3) creates a public record that serves as a deterrent, and can be accessed by any future victims.

      A private-practice lawyer isn't going to recommend using a publicly-available recourse that takes bread out of his own mouth. He's not going to say "Yes, I can sue him, but why don't you go to this publicly-funded commission instead and file a complaint for constructive dismissal and they will investigate it, and if it's justified they'll sue him at no cost to you?" (because quitting over sexual harassment is considered constructive dismissal).

      That's the way it works here. Boss sexually harasses you, you document it, quit, and file the complaint. It's investigated, and if it's found to be valid, the parties either negotiate a settlement via the mediator, or the regulator sues on your behalf. And since a government agency has sharper teeth and claws than a lawyer working on contingency, people tend to behave.

      If you don't have such a body in your jurisdiction, then perhaps its time to lobby for one? The same as all those states that have "at-will" firing practices, it's time to lobby them to change that. Montana did it - at the request of employers, who otherwise were facing the possibility of uncapped judgments.

    36. Re:Please appeal, by Shakrai · · Score: 1

      (3) creates a public record that serves as a deterrent

      Maybe the victim of harassment doesn't want his or her name in the public record for future employers to see? In the United States, the names of crime victims usually become public knowledge.

      That's the way it works here. Boss sexually harasses you, you document it, quit, and file the complaint. It's investigated, and if it's found to be valid, the parties either negotiate a settlement via the mediator, or the regulator sues on your behalf.

      That's what my friend did. She went through the EEOC (equal opportunity employment commission). She still had a lawyer to help her navigate the process though. She still reserved the right to sue if she didn't receive a favorable settlement. As it turned out that wasn't necessary.

      A private-practice lawyer isn't going to recommend using a publicly-available recourse that takes bread out of his own mouth.

      Painting with a broad brush. My friend's lawyer did exactly that. He recommended that they go through the EEOC first, because even if they didn't accept a settlement at that level it would look bad if they tried to sue without attempting mediation first. As it turns out they received a fair settlement offer and it wasn't necessary to go to the next level. A good lawyer presents all the options to his or her client. Ultimately it's the client that decides what to do.

      Your posts suggest that you don't have much respect for the legal profession. I have to say that I couldn't disagree with you more. I've never had to sue in civil court but I did wind up charged with felony offenses once upon a time. To make a long story short I was young and stupid and got caught up in the midst of a pissing contest between people that I thought were my friends. My lawyer saved my ass and navigated me through one of the most difficult undertakings of my life.

      There are a lot of bad apples in the legal profession but I know you are open minded enough to acknowledge that they aren't representative of the entire profession.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    37. Re:Please appeal, by Shakrai · · Score: 1

      Corporations aren't people. They don't have the rights of people, as simple as that.

      Corporations are nothing more than associations of people. What you are claiming makes no sense. Are you telling me that the CO of my local VFW has no free speech rights when he's standing behind the podium with the VFW logo on it? The podium was bought and paid for with "corporate" money....

      A law banning all corporate political contributions, whether in money or in kind, is needed.

      That law already exists. Corporations can't contribute money or coordinate their activities with a campaign. Unless I've misread you, you don't think that goes far enough and would prefer to actively muzzle the corporation so it can't make any statements at all during the political process. That's simply not compatible with free speech.

      This doesn't abridge the individuals' freedom of speech - they are still free - as individuals, to say what they want. They simply wouldn't be free to form a corporation to say it in their place.

      As I said earlier, the 1st amendment also includes the right to assemble. One of the ways that people assemble with those who are like minded is through corporations. You would have us put a muzzle on groups of people working towards a common goal while claiming that this doesn't impair free speech. I can't go along with that. Sorry....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    38. Re:Please appeal, by Shakrai · · Score: 1

      One other thing, hit submit too early....

      And since we're not competing with big campaign donors for the politicians' ear, we get heard more. Just a thought.

      I don't think the experiences of a country with 34,000,000 people scale to a country with 300,000,000 people. There are places in the United States you can go where you will have direct contact with your representatives. They all tend to be smaller and/or lower population states (Vermont and New Hampshire being classic examples).

      Canada also seems to have some of the same political problems that the United States does. Your urbanized provinces attempt to dominate the rural ones, breeding resentment. The long gun registry comes to mind as a policy pushed by the urban provinces over rural opposition. The same sort of thing happens in the United States, but it's somewhat mitigated by the fact that the United States Senate isn't slanted by population in the same manner as your Upper House.

      I love your country and manage to visit it at least once or twice a year (it's easy when you live in New York State) but please don't assume that all the solutions that work for you would also work for us. Different cultures, different sets of challenges, different population and resource bases, different history, etc, etc.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    39. Re:Please appeal, by tomhudson · · Score: 1
      Well, I'm glad it worked out in the end. But when it comes to lawyers, I'm singularly underwhelmed by the profession. What was the saying - they're not all bad apples, it's the 99% who spoil it for the rest of them? Maybe it's not that bad, but it's easily WAY over 50% are absolute trash.

      Rankings of professions - who do you trust? http://www.gallup.com/poll/112264/Nurses-Shine-While-Bankers-Slump-Ethics-Ratings.aspx

      Lawyers are always among the bottom-dwellers; even bankers and real estate agents rank higher. That's pretty bad.

    40. Re:Please appeal, by tomhudson · · Score: 1

      The people are free to express their opinions individually or through political parties. Corporations aren't people. Muzzling corporations doesn't muzzle the individual people. I don't think that McDonalds or Google or any other corporate body should be entitled to try to influence the political process. They're not citizens. They should be treated the same as foreign nationals.

      The people still have the right to assemble. What they don't have the right to do is form a corporation to advance, in their name, a specific agenda. They can advance that agenda perfectly well out in the open, outside the legal fiction of a corporation.

      Carry your thought to the extreme - why can't citizens, under the US constitution, form a NATION to lobby for their interests? That's certainly freedom of assembly. "Don't like your current state and federal government - join JeebusLand! We're a new country inside the U S of A. Exercise your freedom of association and freedom of expression today - secede NOW!"

      Somehow, it's okay to violate both freedoms when it comes to secession - and yet the US was founded on secession, and as was pointed out at the time - "Either we all hang together, or surely we will all hang separately" - because it was illegal even then.

      So yes, I'm quite comfy with the idea of banning all corporate political activity, including lobbying. It tends to drown out the voices of the ordinary citizens.

    41. Re:Please appeal, by tomhudson · · Score: 1

      I'm glad you like it up here. I like it when I visit the states - as long as I avoid the big cities. Small-town folk are just plain nice. The cities, though ... not so friendly. Funny, when you consider that I live in what would be considered a large city.

      The real beef with the gun registry up here was that what was supposed to be a $10 million program ($20 million bucks tops, honest!) ended up being a billion dollar boondoggle. Throwing a billion dollars down the drain tends to get everyone's panties in a twist, and for good reason. The proper way to do it would have been for the individual provinces that wanted it to implement it, work out the kinks, and then see if, at the usual first ministers get-together, it couldn't be made, on the cheap, into a working national registry. Instead, it became a political pork project with "good optics" in the provinces that they needed to keep votes.

      Then again, since the courts have ruled that any province is free to secede from the country by simple vote, there's more tendency to talk things out.

      The rural/urban split also plays out in individual provinces, where you have "the regions" (aka the boonies) complaining about the cities. Part of the problem, inter-provincially, is that nobody wants to give up any power. The Atlantic provinces are going to continue to see their influence diminish if they don't unite into one province. It's one way to at least partially offset the declines in population. But of course that won't happen ...

    42. Re:Please appeal, by Shakrai · · Score: 1

      I think the problem with lawyers is the same problem with MBAs -- we have too many of them. We need to make it profitable for our best and brightest to go into other professions. When other professions have the same earnings potential as lawyers and CEOs we'll see less people entering business programs and law school.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    43. Re:Please appeal, by Shakrai · · Score: 1

      They should be treated the same as foreign nationals.

      Foreign nationals have the same 1st amendment rights that I have. You can come to the United States as a Canadian and exercise all the same rights that I can. Maybe you need a better comparison?

      The people are free to express their opinions individually or through political parties. Corporations aren't people.

      Except that a political party is also a corporation, at least in the United States. C'mon, you are complaining about the "legal fiction" of corporations while simultaneously allowing an exemption for another legal fiction that describes an assembly of like minded people. You really believe that the GOP has free speech rights but the ACLU doesn't? How can you reconcile that?

      The people still have the right to assemble. What they don't have the right to do is form a corporation to advance, in their name, a specific agenda.

      SCOTUS disagrees with you, though I would still be interested in hearing why you think people shouldn't have the right to assemble into groups that further their desired political cause. 4,000,000 individual Americans may not have the time, money or inclination to travel to Washington DC to lobby on behalf of their 2nd amendment rights. That's why they join an organization like the NRA. Ditto for the Sierra Club. Ditto for the ACLU. I'm sorry but I just don't see how you can make a convincing argument that such organization is bad for our Democratic process.

      Carry your thought to the extreme - why can't citizens, under the US constitution, form a NATION to lobby for their interests? That's certainly freedom of assembly. "Don't like your current state and federal government - join JeebusLand! We're a new country inside the U S of A. Exercise your freedom of association and freedom of expression today - secede NOW!"

      The right of revolution would allow them to do exactly that, provided they can back it up with enough firepower. That's how the United States formed after all.

      Somehow, it's okay to violate both freedoms when it comes to secession - and yet the US was founded on secession, and as was pointed out at the time - "Either we all hang together, or surely we will all hang separately" - because it was illegal even then.

      I would argue that it's not illegal, though it's a moot point as the side that wins gets to decide what is and is not illegal.

      So yes, I'm quite comfy with the idea of banning all corporate political activity, including lobbying. It tends to drown out the voices of the ordinary citizens.

      Even if I accepted your "drown out" argument, which I don't, there's no guarantee of equal volume under our system of government. Some people will yell louder than others. That's the nature of a representative republic. You can't fix that by taking away my right to assemble with like minded people.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    44. Re:Please appeal, by Dragoness+Eclectic · · Score: 1

      Actually, you're wrong. "Freedom of the press" was and is very definitely to protect political opinion-making. You didn't get shut down by the Crown back in the day for reporting the news, you got shut down for opining that government-backed mercantile monopolies were behaving like a bunch of thugs over here in the Colonies and deserved to be hanged en masse, not rewarded with more government privileges.

      After the Constitution was written, the Supreme Court upheld the concept that publishing rude, even incendiary opinions about the president and other elected critters was exactly what the 1st Amendment was for, no matter how much heartburn it caused President John Adams.

      --
      ---dragoness
    45. Re:Please appeal, by Shakrai · · Score: 1

      The real beef with the gun registry up here was that what was supposed to be a $10 million program ($20 million bucks tops, honest!) ended up being a billion dollar boondoggle. Throwing a billion dollars down the drain tends to get everyone's panties in a twist, and for good reason.

      I'd like to know how you can make it cost a billion dollars to build a database, which is essentially what the gun registry is. I happen to think gun registries are a dumb idea for other reasons but I'm not inclined to tell you that the American model would be the best for you. As I said, different histories and cultures to consider.

      On an unrelated note, I've looked into getting a Canadian firearms license so I can bring my firearms with me to Alaska when I drive up there. I was amazed to find that the process isn't all that complicated, even for guns that Canada considers to be "restricted", i.e: normal handguns. It's mainly a matter of filling out the right paperwork and paying the fees. It's pretty sad that I can get a Canadian firearms license but there are several US States that refuse to give me one.

      The rural/urban split also plays out in individual provinces, where you have "the regions" (aka the boonies) complaining about the cities

      We have the same thing here. New York State is dominated by New York City to the point that Upstate NY has little to no voice in Albany, even though we are 42% of the population. It used to be that the Upper Houses of State Legislatures were allocated based on land area in the same manner as the United States Senate. In the 60s there was a SCOTUS ruling that tossed that out, under the "one man, one vote" theory. SCOTUS never bothered to explain why it's acceptable for the US Senate to operate against this theory but not for the NYS Senate to do the same. That ruling was little more than an urban power grab and I would love to see it overturned with a Constitutional Amendment. Not likely to happen but I can still dream.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    46. Re:Please appeal, by tomhudson · · Score: 1

      ... or we could end the arbitrary monopoly that lawyers have on practicing law (seems to me that lawyers don't need the equivalent of an antitrust exemption so much as a mass enema).

      Most people go to a lawyer because they need one NOW! They're at a vulnerable time. They're scared. There's no real competition (only lawyers can practice law). Screw that. Read the biographies of lawyers and they'll admit that what they learned in law school was useless from day 1 in court.

      It's not like the bar association will get you any money back from a crappy lawyer that they discipline - that's not their job.

    47. Re:Please appeal, by tomhudson · · Score: 1

      You can come to the United States as a Canadian and exercise all the same rights that I can.

      Absolutely not true. I can't vote in your elections, and if I'm involved in a public protest I'm likely to be deported (I've talked to people who've been there, done that). The Supremes ruled that it's okay to deport aliens for conduct that would be protected speech by citizeins. I also can't work there unless I (or the person who hires me) can show that nobody else can do the job (I've worked in the US - had to declare that was why I was going down there to US Customs, etc).

      Running for and holding public office? Certainly those are free speech issues, but again, no candy. Even with a right to work visa, public office and many public jobs are off limits. Also, certain states have additional restrictions on, for example, ownership of property by aliens. Home owners associations also place restrictions on what aliens can do with property they purchase.

      It's simply not that simple ...

      The right of revolution would allow them to do exactly that, provided they can back it up with enough firepower.

      Interesting theory. Then again, the point is moot. If you looked like you were going to get any real backing, you'd end up dead. Besides, what is the likelihood that you can get more than a few people in any individual state to vote to secede. Though that will change after California and a few other states default.

      BTW: Nobody is talking about taking away anyone's right to assemble with like-minded people, but of forming corporations to do your "assembling" and "talking" for you. Corporations are a legal fiction. They shouldn't have the right to make campaign contributions. Let the individuals do it, as is their right.

    48. Re:Please appeal, by tomhudson · · Score: 1
      There's no problem with publishing rude, etc., opinions of congress-critters held by individual citizens. That's protected speech, and nowhere have I questioned it. To the contrary, I support it 100%. What I argue against is ANY form of political lobbying by any corporation in its own name, including endorsing any particular candidate. Corporations can't vote, and don't have opinions any more than they have blue eyes or green eyes or brown eyes or white skin or black skin. As such, they don't have the right to "endorse" a political candidate any more than my non-existent cat does.

      Instead of 10 different media outlets saying they all endorse "X" and making it look like there's some sort of momentum going, this makes it transparent that "Rupert Murdoch endorses X".

      Or is transparency a bad thing? Is truth now a bad thing? Are we going to have a "Pontius Plate moment" - "what is truth?"

      It's really simple. Political rights begin and end with citizens. Corporations don't have political rights.

    49. Re:Please appeal, by tomhudson · · Score: 1

      I'd like to know how you can make it cost a billion dollars to build a database, which is essentially what the gun registry is.

      History repeats itself. Ontario is having the same problem with costs exploding in the medical records area. Another couple billion blown. Feather-bedding, pork-barrels, you know how that works.

      • A $30 million untendered contract to IBM approved by cabinet ministers on the government's management board.
      • Unnamed senior health bureaucrats for thwarting his efforts to get investigators into eHealth for a routine audit in the summer of 2008. McCarter's staff did not gain the desired access until last February - just a few months before Health Minister David Caplan ordered a special audit once the eHealth spending scandal erupted.
      • Unnamed consulting companies for driving up each other's fees, artificially creating a higher going rate for their services.
      • Too much power in too few hands in awarding of contracts, which did not get enough oversight from top officials in the health ministry.
      • The $647 million spent, with little to show for it, by SSHA, set up by former premier Mike Harris's Conservative government.
      • What one source called a "war" between SSHA and the health ministry over how to manage and accomplish a complicated endeavour like creating electronic health records.

      Another insider privy to McCarter's findings said "the auditor really took everybody to task. It's a very bad report, it's not sugar-coated."

      Consultants hired by eHealth were paid up to $3,000 a day and, meanwhile, billed for expenses like tea and cookies.

      As well, lucrative contracts were granted without competitive bidding in a rush to get a system of records running as promised by 2014.

      The usual corruption that happens when you create a large government program.

  4. do the right thing by bugi · · Score: 4, Insightful

    Remind me never to do the right thing ever again.

    1. Re:do the right thing by MichaelSmith · · Score: 1

      I am guessing you have been around for a while so I am surprised you need reminding.

    2. Re:do the right thing by betterunixthanunix · · Score: 4, Insightful

      I think the lesson to be learned here is to demand legal statements from people that absolve you of responsibility for their stupidity. "You want these passwords? First give me something I can bring to court, so that when you screw up, you cannot try to blame me." The courts have shown that these are the sorts of measures we must take -- not to try to prevent the damage from being done, but to prevent the idiots who cause problems from passing the responsibility off to us.

      --
      Palm trees and 8
    3. Re:do the right thing by BitHive · · Score: 0, Troll

      Yeah, that's the lesson here. I swear, Slashdot is whinier than a bunch of teenage girls. Remind me to never read this site again.

    4. Re:do the right thing by bugi · · Score: 1

      Why do you keep coming back?

    5. Re:do the right thing by countertrolling · · Score: 1

      Well, the weed has been known to affect your.... what were we talking about agin?

      --
      For justice, we must go to Don Corleone
    6. Re:do the right thing by Anonymous Coward · · Score: 0

      It was a joke

    7. Re:do the right thing by jd · · Score: 1

      In office politics, the "right thing" is not what the book says, it's what the paymaster says. The Golden Rule: Whosoever Has The Gold Makes The Rules.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:do the right thing by Anonymous Coward · · Score: 0

      Remind me to never read this site again.

      Only if you promise never to post here again either, Sunshine.

    9. Re:do the right thing by biryokumaru · · Score: 1

      The teenage girls keep turning him down.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    10. Re:do the right thing by Anonymous Coward · · Score: 0

      Congratulations on being the Second person not To get the Obvious Joke.

    11. Re:do the right thing by maxume · · Score: 1

      Or they keep escaping.

      --
      Nerd rage is the funniest rage.
    12. Re:do the right thing by dissy · · Score: 1

      In office politics, the "right thing" is not what the book says, it's what the paymaster says. The Golden Rule: Whosoever Has The Gold Makes The Rules.

      Or in Terry's case, follow the rules and get 5 years in jail, or don't follow the rules and get 20 years in prison.

    13. Re:do the right thing by Anonymous+Psychopath · · Score: 1

      Remind me never to do the right thing ever again.

      I think you should re-examine what you think the right thing is, because it's different than what this guy's supervisors, his employers and, ultimately, the courts thought it was.

      I've been following this case since it first hit /. and my impression of Childs is that he's an arrogant BOFH who forgot that it wasn't "his" system. He was pissed that they took his tinker toys away and gave it to what he considered inferior intellects. He was so sure he was smarter than everyone else that he bet his life, or at least up to five years of it, on it.

      He hasn't been administering the network for a long time now and, holy shit, San Francisco isn't a smoking hole in the ground.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    14. Re:do the right thing by Anonymous Coward · · Score: 0

      You don't understand the case obviously. He wasn't "doing the right thing".

    15. Re:do the right thing by turbidostato · · Score: 1

      "He hasn't been administering the network for a long time now and, holy shit, San Francisco isn't a smoking hole in the ground."

      According to the prosecutors the hole in the ground is deep enough to digest about a million dollars within.

    16. Re:do the right thing by GaryOlson · · Score: 1

      Or in Terry's case, follow the rules and get 5 years in jail, or don't follow the rules and get 20 years in prison.

      If this can be substantiated as a legally logical conclusion, some more court action should be initiated -- by the ACLU on behalf of Terry Childs.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    17. Re:do the right thing by ciggieposeur · · Score: 1

      "You want these passwords? First give me something I can bring to court, so that when you screw up, you cannot try to blame me."

      "I'm not giving you anything. Give me the passwords. If you don't, I'll fire you and then pursue criminal charges against you for withholding them. And now that there is precedent, you'll likely get 5 years in prison.

      Now give me the passwords."

    18. Re:do the right thing by BitZtream · · Score: 1

      If you think what he did was 'the right thing' then yes, you probably need to not do 'the right thing' since it wasn't right in any way.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    19. Re:do the right thing by celle · · Score: 1

      "not to try to prevent the damage from being done, but to prevent the idiots who cause problems from passing the responsibility off to us."

      Man that's dumb. Right for our legal system as is but really wasteful. Maybe just junk the current system and start over. First analyzing for the control freaks in the command structure and getting rid of them.

    20. Re:do the right thing by celle · · Score: 1

      "not to try to prevent the damage from being done, but to prevent the idiots who cause problems from passing the responsibility off to us."

      That also doesn't always work especially when under duress.

    21. Re:do the right thing by mabhatter654 · · Score: 1

      you do have to admit. Within the first week they had his password, and him sitting in jail and confiscated all his "hacking tools" at home. So by sitting in Jail 2 years it's guaranteed that he really DIDN'T mess ANYTHING up.

      Had he given the password and walked, they'd have been calling him for months and months later leading to him being threatened to help or "go to jail" and ending up with 20 years in charges after 2 years trying to "help".

      Anyway, now that the jury is done he's only got one charge. If the judge is reasonable, the guy will be out for "time served" (by sentencing it will be nearly 2 full minimum years!) and given probation for another year or two. It's not like he's a threat to the situation now having been locked away from computers for two years. There's probably a host of stuff Child's can appeal on from, evidence, circumstances of firing, to DA's behavior, etc... the key is it can't really get worse from here out.

    22. Re:do the right thing by centuren · · Score: 1

      Remind me never to do the right thing ever again.

      I think you should re-examine what you think the right thing is, because it's different than what this guy's supervisors, his employers and, ultimately, the courts thought it was.

      I've been following this case since it first hit /. and my impression of Childs is that he's an arrogant BOFH who forgot that it wasn't "his" system. He was pissed that they took his tinker toys away and gave it to what he considered inferior intellects. He was so sure he was smarter than everyone else that he bet his life, or at least up to five years of it, on it.

      He hasn't been administering the network for a long time now and, holy shit, San Francisco isn't a smoking hole in the ground.

      Who cares? That's a long way off from being a criminal and going to jail.

    23. Re:do the right thing by Sabriel · · Score: 1

      "I'm not giving you anything. Give me the passwords. If you don't, I'll fire you and then pursue criminal charges against you for withholding them. And now that there is precedent, you'll likely get 5 years in prison.

      Now give me the passwords."

      "Certainly. The passwords are sixty-four character randomised strings stored in a locked box in the company safe and at the bank, both under constant video surveillance, and each box can only be opened with the physical keys of at least two of the company's six executive directors. I certainly don't remember them. Oh, and if you forgot the memo and were wondering what this little thing hanging around my neck is, due to that very same precedent all conversations with IT department administrators are now recorded - live - by Legal... uh, sir... please put that down... sir, it's not that bad... *loud bang*... oh, yuck...."

      Now that may be a "nuke it from orbit" BOFH example, but the lesson to take away from this mess is to choose passwords you can't remember and store them such that idiot PHBs need a third party's authorisation ("gosh, I'd love to help, but my hands are tied, sorry boss"). If you're in a job where this is not company policy and you suspect your PHB is the type, then apply social engineering to make it become policy (or find a new job). The smart execs won't have a problem, the idiots are kept away from the nukes, and nobody spends years in jail for the crime of having stronger ethics than their boss.

    24. Re:do the right thing by pembo13 · · Score: 1

      I think the lesson to be learned here is to demand legal statements from people that absolve you of responsibility for their stupidity. "You want these passwords? First give me something I can bring to court

      I think above all, that is the really is the lesson to be learnt.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    25. Re:do the right thing by steelfood · · Score: 1

      It's a system designed not to be effective, efficient, or good in any way, but to be able to cover your own ass and shift the blame elsewhere when things inevitably go wrong.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    26. Re:do the right thing by HeckRuler · · Score: 1

      Covering your own ass from liability is not "doing the right thing". Keeping the network secure was the right thing to do, and fat lot of good that did him. Disregarding the purpose of your job for the sake of keeping your job is the epitome of the bureaucratic hellscape I want to avoid.

    27. Re:do the right thing by Anonymous Coward · · Score: 0

      The lesson to learn here is that everything needs to go to a higher court. Someone contact the EFF on behalf of Terry Childs.

      This is shocking, stunning and frightening.

      Terry Childs put his name and job on the line for the city network and this is what the city pays him back?

      This much be taken to higher courts and the people responsible must lose their jobs or be transferred to postage and stationery. They have no business being employed in the computers / technology departments

    28. Re:do the right thing by Cederic · · Score: 1

      However, being an arrogant cunt is merely a personal failing. It shouldn't in itself be a crime.

    29. Re:do the right thing by Anonymous Coward · · Score: 0

      Yes, and when you demand legal statements, they fire you for insubordination and then sue you for not just turning the passwords over like they asked. Then you get to stew in jail for years finally to be convicted of being an evil hacker. Your solution sounds perfect!

    30. Re:do the right thing by Anonymous Coward · · Score: 0

      Ignore the demands of your superiors, break the law, and hold the city's network for ransom?

    31. Re:do the right thing by betterunixthanunix · · Score: 1

      Did I say it was the right thing to do? I said it was the necessary thing to do, given what the courts, lawyers, and politicians have demonstrated. When doing the right thing, and protecting the private data of thousands of people, results in incarceration, then "doing the right thing" is off the table.

      --
      Palm trees and 8
    32. Re:do the right thing by TOGSolid · · Score: 1

      As we were taught in the Air Force: CYA - COVER YOUR ASS. Assume that your bosses are going to fuck you over when they screw something up horribly. Assume that your superiors will dump the blame on you. Assume that everyone you work with is a retard. If your boss asks for information, give it to him, but get records of what the hell is going on. You can't get in trouble if there's documentation and proof showing it wasn't your fault. Then when it all blows up you can go "ha ha, I told you so."

      That said, this never should have gone to court. This whole thing reeks of butthurt office morons flexing their muscle just to feel better about their own incompetence.

  5. Jury of Peers by Reason58 · · Score: 4, Insightful

    It is my understanding his employment was specific in that he would only disclose the password to the mayor alone. This never happened, thus he never disclosed the password. This case did not require any technical knowledge to grasp the facts, so I am unsure how the jury could come to this result.

    1. Re:Jury of Peers by robpoe · · Score: 4, Insightful

      They're dumbasses

      --
      = Grow a brain...
    2. Re:Jury of Peers by Anonymous Coward · · Score: 2, Informative

      It is my understanding his employment was specific in that he would only disclose the password to the mayor alone. This never happened, thus he never disclosed the password.

      He did.

      source

      WTF is he still doing in jail, let alone being found guilty.

    3. Re:Jury of Peers by Anonymous Coward · · Score: 1, Informative

      I've heard the disclosure statement of only to the mayor before. Is there an actual news story that can prove or disprove the statement? If it's true then the employment agreement should be enough to prove his innocence.

    4. Re:Jury of Peers by stonewallred · · Score: 1, Flamebait

      they are too stupid to get out of jury duty that tells you how stupid they are

    5. Re:Jury of Peers by Anonymous Coward · · Score: 0

      It required a slight grasp on reality.

    6. Re:Jury of Peers by think_nix · · Score: 1

      Can't he appeal ? I like you do not understand how they "the peers" could reach this decision. Although since the case was somewhat technical usually more times than most anytime non technical people have to deal with technical issues they try to blow it off or find a way not to deal with it.

      Imho I am sure the Prosecution tried milking the most out of this. Saying he terrorized the city etc etc . Thats how the court system works. Hell after following this whole case for years now , if I recall mainstream media had already announced him guilty before he was even allowed trial , just read some of the older headlines. Also being that most sheople "peers" in this case are so gullible and non technical it was probably rather easy for 6 pack Joe to come to a decision like this.

      This is a scary day for sysadmins all over. I would advise all to double read any kind of contract or have approved by a lawyer before starting work. The legal hoops now involved in something which should have been or be so simple and clear , well its all fubar now.

    7. Re:Jury of Peers by SoupGuru · · Score: 1

      Obviously, the entire jury is batty. That's the only explanation.

      Or maybe we're missing something.

      --
      What doesn't kill you only delays the inevitable
    8. Re:Jury of Peers by hondo77 · · Score: 4, Insightful

      Actually, you're missing experiencing the whole trial from the jury box. All we've been given here on /. is soundbites of the trial. We don't know all the evidence presented by the prosecution. We don't know all the evidence provided by the defense. All we know are little bits of info given to us by biased sources. Unless one sat in on the whole trial, slandering the jury is inappropriate.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    9. Re:Jury of Peers by Anonymous Coward · · Score: 0

      Hey, there's plenty of blame to go around. Let's not forget how stupid the prosecutor is.

    10. Re:Jury of Peers by jbeach · · Score: 1

      That being the case, one would hope that this will be easily appealed.
      However, this may be the same sort of "The law be damned! Authority is threatened by scary werehackers who understand the secret powers of those computer things!" situation, that caused the ludicrous treatment of Kevin Mitnick.

      I hope not.

      --
      The Invisible Hand of the Free Market is what punches workers in the nuts.
    11. Re:Jury of Peers by Anonymous Coward · · Score: 0

      Because they were (afaik) effectively told or encouraged to vote that way by the judge

    12. Re:Jury of Peers by Nadaka · · Score: 2, Insightful

      We also don't know what evidence was WITHHELD from the jury that may have been accessible to us outsiders.

      From what I know about this case, either the jury was unquestionably idiotic, the defense was unfathomably negligent or the prosecution unbelievable corrupt.

    13. Re:Jury of Peers by Anonymous Coward · · Score: 0

      Because it should be a case study on how ridiculous the current system is.

    14. Re:Jury of Peers by Anonymous Coward · · Score: 1, Insightful

      It is unfortunate that so many people attempt to dodge jury duty instead of doing their duty and giving other citizens the fair trial to which they are entitled. I wish more saw it as an opportunity to better our society instead of a burden to be avoided.

    15. Re:Jury of Peers by Genda · · Score: 1

      A jury by one's peers is a misnomer. In any case, there's a wealth of evidence that juries do a poor job over-all of finding guilt or innocence, suggesting that we are near a time in our history where it would be most advisable to use technologies that are free us all from; prejudice, emotional influence, social proclivity, and (as the parent comment remarks) "Dumbasses". With the advent of brain-scans, the P800 brain signal, and a growing ability to read brain activity directly, we're on the verge of a breakthrough in the ability to determine guilt or innocence (your brainwaves can't lie.) When the tech get's good enough, let people choose jury or brain-scan. It should become clear that the folks using the brain-scan get a fairer trial (i.e. the guilty are found guilty, and the innocent are set free), and ultimately we can do away with the jury circus altogether.

      On a related note. we have got to stop letting prosecutors put people in jail for life or on death row for purely circumstantial cases (i.e. no dna, no witnesses, no single scrap of viable evidence whatsoever.) The number of people who've been put on death row, who have been found innocent is suggesting the entire system is horribly broken, and that in fact greater than 10% of those found guilty of capital crimes are innocent. Our government is killing innocent people, and our juries are putting them on death row. As much as some acts are so heinous that the cry for justice becomes overwhelming, answering that cry with weak (or nonexistent) evidence, self serving prosecutors, moronic juries, and innocent defendants should be a crime in of itself.

    16. Re:Jury of Peers by Martin+Blank · · Score: 1

      Appeals courts will generally only address errors in application of the law, or in very rare cases, new exculpatory evidence that was not available during the trial for whatever reason. They will not overturn a verdict if the facts were deemed to be interpreted in line with the law.

      Every system that I admin has more than one account on it, and at least two other people know those passwords. I have on occasion refused to undertake a certain task that I believed to be unethical or contrary to promises that I made that were in line with policy, but if someone else wants to perform the task and has the appropriate access, it can be run. Whether or not I trust someone else to handle the system correctly, I make sure that someone else does have access to it.

      --
      You can never go home again... but I guess you can shop there.
    17. Re:Jury of Peers by macraig · · Score: 1

      Did you think and speak the same during the O.J. Simpson trial, I wonder, or did you jump right in there and play jurist like everyone else on the outside? If you did the latter it would make you something of a situational hypocrite now.

    18. Re:Jury of Peers by Timothy+Brownawell · · Score: 1

      Unless one sat in on the whole trial, slandering the jury is inappropriate.

      Jury (noun): twelve people too stupid to get out of jury duty

      Making fun of our government (which includes the courts and therefore the jury selection process and juries) is always appropriate.

    19. Re:Jury of Peers by georgewilliamherbert · · Score: 1

      No, the whole "contractually required to only disclose to the Mayor" was a complete fabrication.

      He stated that the Mayor was the person he'd give them to, after he was arrested, and he did. But that's not in the City IT Security policy nor in his contract.

      The City IT Security Policy requires that system passwords be in a (then apparently nonexistent) encrypted central system passwords management database, managed by the City IT security office, for retrieval in case someone dies or is fired. The City failed to build that, but at the very least he should have been willing to tell the City IT security manager what it was, and arguably his manager, even if his manager was not competent.

    20. Re:Jury of Peers by mysidia · · Score: 1

      Why are there no public records of everything that happened during this trial?

    21. Re:Jury of Peers by tnk1 · · Score: 1

      It is my understanding his employment was specific in that he would only disclose the password to the mayor alone. This never happened, thus he never disclosed the password.

      He did.

      source

      WTF is he still doing in jail, let alone being found guilty.

      Damage is already done. He was found to have broken the law, and whether or not you give the stolen cookies back, you still shoplifted them once and have to be tried for shoplifting.

      In his case, with his refusals, he probably pissed away enough taxpayer money on this case, that the DA had no desire to drop the charges. For eventually cooperating, they may sentence him to only a hand-slap like community service or time served and probation, however.

    22. Re:Jury of Peers by J053 · · Score: 1

      It is unfortunate that so many people attempt to dodge jury duty instead of doing their duty and giving other citizens the fair trial to which they are entitled. I wish more saw it as an opportunity to better our society instead of a burden to be avoided.

      It really doesn't matter. Anyone who is intelligent and well-informed will not get selected for a jury - neither side wants people who can think for themselves; they just want people who they can persuade.

      Best way to get out of jury duty? Accept that a day is shot, show up, and whenever questioned give intelligent, rational answers to anything the attorneys ask. Be sure to discuss the merits of both sides of any issue. Oh, and express a strong opinion (pro or con, it doesn't matter) about the general offense in question and the specific crime - all the while insisting that, of course you can judge fairly on nothing but the facts presented. You will be thanked for your service and dismissed. Go have a beer.

    23. Re:Jury of Peers by Jah-Wren+Ryel · · Score: 1

      Actually, you're missing experiencing the whole trial from the jury box.

      Which is one of many good reasons for all trials to be recorded and then made publicly available.

      --
      When information is power, privacy is freedom.
    24. Re:Jury of Peers by Anonymous Coward · · Score: 0

      Sorry how about stupid jury gets taken for a ride by asshole prosecutor. When you are on a jury you are representing the people, take what the lawyers say with a grain of salt, even the judges (they where lawyers once too you know. They want you to believe that we cannot live without them and their system of justice. The rules are tools, and should work the betterment of all the people. The US justice system hasn't operated this way for a long long time, if ever, even in theory. That is why we have juries, do not let them make you a robot, you are the human element. Use your voice to promote the most just outcome even if the letter says otherwise.

    25. Re:Jury of Peers by Grishnakh · · Score: 1, Insightful

      On a related note. we have got to stop letting prosecutors put people in jail for life or on death row for purely circumstantial cases (i.e. no dna, no witnesses, no single scrap of viable evidence whatsoever.) The number of people who've been put on death row, who have been found innocent is suggesting the entire system is horribly broken, and that in fact greater than 10% of those found guilty of capital crimes are innocent.

      I agree completely. I'm all for a harsh punishment when there's plenty of real evidence that the person is guilty, like on CSI. But if the prosecution can't come up with anything more than flimsy circumstantial evidence, then forget it.

      I know CSI is just a TV show, but why can't real life be more like that, where they actually find real physical evidence to convict people? I'm guessing the answer is probably 1) the stupid meat-head cops frequently contaminate the crime scene, rendering all evidence suspect or inadmissible, 2) the local governments don't bother to fund crime labs very well, and 3) because of poor funding, very few smart people ever bother to go into a career of being a crime scene investigator, and it takes a smart and clever person to put the clues and evidence together to solve the crime.

    26. Re:Jury of Peers by flaming+error · · Score: 1

      Mod parent up.

      With often arcane laws, with evidence not allowed, and with sophist lawyers (who may or may not understand the context) running the show, I can't imagine how any jury in any case could ever get a clear picture of what really happened.

    27. Re:Jury of Peers by lena_10326 · · Score: 1

      Which is fine for a ho hum run of the mill case consuming a few hours or couple days of your time, but really sucks if it's an OJ type of case.

      --
      Camping on quad since 1996.
    28. Re:Jury of Peers by Anonymous Coward · · Score: 0

      It's libel, not slander. Sorry, couldn't resist.

    29. Re:Jury of Peers by micheas · · Score: 1

      Why are there no public records of everything that happened during this trial?

      Because court reporters supplement their income by selling copies to the litigants (a copy of what you said at your deposition should only cost you a couple grand or so.)

    30. Re:Jury of Peers by slashqwerty · · Score: 1

      Why are there no public records of everything that happened during this trial?

      There are. To get the transcript, all you have to do is go down to the court, pay $0.50/page to have them printed out, pick them up, scan them into a computer, and post them on the internet. With four months of testimony I imagine there are only a few thousand pages. You can also get the various court filings for several hundred dollars each.

    31. Re:Jury of Peers by centuren · · Score: 1

      Did you think and speak the same during the O.J. Simpson trial, I wonder, or did you jump right in there and play jurist like everyone else on the outside? If you did the latter it would make you something of a situational hypocrite now.

      It's my recollection that the general feelings about the Simpson trial was that the prosecution did its job poorly, and failed to put its case together well enough for a conviction. Juries are obligated to give an innocent verdict if the prosecution doesn't handle the burden of proof, but the reverse is not true.

    32. Re:Jury of Peers by Anonymous Coward · · Score: 0

      I know CSI is just a TV show, but why can't real life be more like that, where they actually find real physical evidence to convict people?

      Because it's a lot harder to fill up prisons and look like a "tough on crime" badass when convictions require actual evidence...

    33. Re:Jury of Peers by Anonymous Coward · · Score: 0

      We do, however, know that the one juror who was a network engineer voted "not guilty" until he was removed from the jury for undisclosed reasons.

    34. Re:Jury of Peers by L4t3r4lu5 · · Score: 1

      Their lawyers were better than his lawyer.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    35. Re:Jury of Peers by GreyyGuy · · Score: 1

      I know CSI is just a TV show, but why can't real life be more like that, where they actually find real physical evidence to convict people?

      The answer is in the question. CSI is a TV show with an only passing relationship to reality. Or do you really think every digital camera image can be magnified 100 times to reveal detailed information? Or that DNA is always 100% accurate and can be obtained in nearly every situation? Or that an entire crime scene can have every bit of evidence collected and sorted in a few hours?

      CSI and other similar shows are making it harder to get convictions because juries think that it is realistic to get perfect and exact data all the time. The reality is that life is rarely that clean and precise.

    36. Re:Jury of Peers by Anonymous Coward · · Score: 0

      Best way to get out of jury duty? Accept that a day is shot, show up, and whenever questioned give intelligent, rational answers to anything the attorneys ask. Be sure to discuss the merits of both sides of any issue. Oh, and express a strong opinion (pro or con, it doesn't matter) about the general offense in question and the specific crime - all the while insisting that, of course you can judge fairly on nothing but the facts presented. You will be thanked for your service and dismissed. Go have a beer.

      What backwoods state do you live in? Here's how it works in Massachusetts:

      • Potential jurors are asked if there is any reason why they may not be able to be impartial in the specific case. The judge reviews any reasons given and excuses any jurors with a valid reason to be excused. These jurors are still eligible for any other cases going to trial on that day at that courthouse.
      • The judge picks a starting point in the juror pool and calls prospective jurors one at a time to sit in the jury box. The lawyers on each side review the interview sheet for each prospective juror and determine if there is cause to remove the juror. If the judge agrees, the juror is returned to the pool. Questions may be asked if clarification is needed, but this is not common.
      • Additionally, each side may remove three jurors without cause. Once each side has used up their three, the jury is filled with the next available jurors unless someone can show cause to remove them. At this point, jury selection is largely out of the hands of the lawyers.

      Most jurors serve for one day and are not eligible to serve again for three years (and when selected, they can choose to defer their service date for up to one year for no reason). Lunch is also provided if the trial lasts for more than just the morning (no beer though).

    37. Re:Jury of Peers by Anonymous Coward · · Score: 0

      One of the jurors has posted anonymously here. See the above thread. This person did experience the trial first hand. Or, rather, they claim to be a juror posting anonymously. Can't really prove it one way or another.

    38. Re:Jury of Peers by Grishnakh · · Score: 1

      Sure, real life might not be as clean and convenient, but if you have zero evidence, there there should not be a conviction, period. No, circumstantial evidence doesn't cut it: that's exactly why there's so many people sitting on death row who are innocent.

    39. Re:Jury of Peers by Dan+Ost · · Score: 1

      Is this true?

      Seems like it should be part of the public record and thus available for a small fee that covers the costs of preparing the copy.

      --

      *sigh* back to work...
  6. Re:just deserts by Anonymous Coward · · Score: 0

    Learn to spell, asshat.

  7. Re:Poor jerk. by Anonymous Coward · · Score: 0, Troll

    "Jerk" is right. The guy got what was coming to him. To all the sysadmins with a similar "god complex" out there, let this be a lesson to you. You do not own the systems. You are an employee. You answer to someone, and if they demand something you either do it or quit. End of story.

  8. Thats Stoopid by Anonymous Coward · · Score: 0

    every sysadmin should get a year's salary and a months paid vacation every time he has to give a phb the root password

  9. 12 if the best by ff1324 · · Score: 5, Funny

    Remember that juries are made up of the twelve people who weren't smart enough to get out of jury duty.

    1. Re:12 if the best by Locke2005 · · Score: 1

      Seeing as how all you have to do to get out of jury duty is to simply ignore the summons to jury duty, then claim you never received it, not being smart enough to avoid it does not speak well for them.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:12 if the best by ff1324 · · Score: 1

      Perhaps I should volunteer for jury duty...I cannot tell the difference between the letters "i" and "o" apparently.

    3. Re:12 if the best by ShadowRangerRIT · · Score: 1

      Or, you know, civic minded types that didn't *want* to get out of jury duty. I would have loved to serve when I was last called, but got rejected at the last second by a peremptory challenge (not sure whether it was from prosecution or defense, since they made their challenges while we were out the room). Of course, while I would have loved to serve on that particular trial (it was expected to run a few days, a week at the outside), the Childs's trial is a whole different kettle of fish. Four months is too much for me, even though my company would have paid me for the whole period.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    4. Re:12 if the best by hondo77 · · Score: 1

      Seeing as how all you have to do to get out of jury duty is to simply ignore the summons to jury duty, then claim you never received it, not being smart enough to avoid it does not speak well for them.

      Perhaps where you live. Not all court systems are as backwards as that.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    5. Re:12 if the best by sbeckstead · · Score: 1

      Let me know when you get out of jail. And anyone else who follows this advice, get a lawyer first.

    6. Re:12 if the best by Grishnakh · · Score: 1

      IANAL, but I'm fairly sure that the US Mail is not considered "valid service" in any jurisdiction. Stuff gets lost in the mail all the time. There might be some exception for registered mail which has tracking, I don't know.

      We have speed and red light cameras here in Arizona, and the automatic tickets are sent out by US Mail. Most people just shred them; you don't have to pay up unless they actually send out a process server to give you the ticket (though they do charge extra for that). So if you really want to get out of your ticket, you just don't answer your door and avoid process servers for 120 days after the infraction.

      Personally, I'd like to serve on a jury at some point. I got a summons 8-12 months ago, but I ended up being dismissed before I even showed up because they had too many jurors. I'd like to be on a case where I get to exercise my right to Jury Nullification.

    7. Re:12 if the best by Martin+Blank · · Score: 1

      You and I are in the same category. I've been called for jury duty perhaps a half-dozen times, and called to the court for selection four times. In all cases, I was dismissed peremptorily. I guess my basic flaw was in being honest about things, and perhaps appearing too intelligent. I said that I could stand up for my opinion if I were alone in the group; meanwhile, to my knowledge, the woman who said that she didn't like conflict and just went with whatever the group said was allowed to stay. Kind of irritated me when she said it, and even more when she survived every challenge cycle in which I was involved.

      --
      You can never go home again... but I guess you can shop there.
    8. Re:12 if the best by brainboyz · · Score: 1

      Actually, county clerks have told people exactly that. A large portion go unanswered anyway due to out of date addresses or people no longer in the court's jurisdiction.

    9. Re:12 if the best by micheas · · Score: 1

      US Mail is considered valid service in most civil matters, but you typically have to give the other side an extra couple weeks to respond.

      Faxes are cheaper, and give the other side less time to respond, ergo layers still use faxes.

    10. Re:12 if the best by Anonymous Coward · · Score: 0

      yeah, sure... that's the spirit...

      people like you go against civilization...

    11. Re:12 if the best by serialband · · Score: 1

      The court also remove people who attempt to inform other jurors of jury nullification. http://www.fija.org/ Juries are supposed to be the failsafe against unjust laws. But the courts and lawyers frequently subvert that system and scam you into believing that you must vote as the law dictates.

    12. Re:12 if the best by Anonymous Coward · · Score: 0

      Remember that juries are made up of the twelve people who weren't smart enough to get out of jury duty.

      Really? I thought the brighter people realised that attending jury duty was in their own best interests. Only idiots let idiots define caselaw.

  10. This is a really really really bad precedent... by Cheerio+Boy · · Score: 4, Insightful

    What this really all comes down to is that once a company fires you or lets you go you are still obligated to that company.

    I don't care if it's a government organization or a corporation as far as I'm concerned once they let you go there should be no more ties to anyone from either side.

    I guess it's true...the shackles don't come off even if they put you back in the general population.

    --

    "Bah!" - Dogbert
    1. Re:This is a really really really bad precedent... by nomadic · · Score: 1

      I don't care if it's a government organization or a corporation as far as I'm concerned once they let you go there should be no more ties to anyone from either side.

      What are you talking about? He was asked for the passwords before he was suspended.

    2. Re:This is a really really really bad precedent... by Cheerio+Boy · · Score: 1

      Yes but they let him go (or at least suspended him) when he wouldn't give them the passwords. At that point the proper and _sane_ management move is to replace the person and physically change all the passwords. (If you have physical access to a box you can change the passwords.)

      Instead they chose to waste the city's money and everyone's time by having him arrested and going to court.

      That means as far as I'm concerned that no matter if you get suspended or let go or whatever you are still beholding to that company.

      To me that's unacceptable.

      This whole courtroom scene is the results of an exercise in idiocy not by Childs who was following policy but by his upper level management people.

      --

      "Bah!" - Dogbert
    3. Re:This is a really really really bad precedent... by jd · · Score: 4, Insightful

      Of course you are. NDAs can last 5+ years, classified information remains classified for 50+ years, and networking between bosses on the golf course lasts forever. These are utterly unavoidable, which is why I believe corporations and governments should have obligations at least as stringent. It has to be symmetrical, or a damn good approximation. (Which is why I believe unions - if implemented and run correctly and fairly - are also essential. "Employment at will" does not exist in reality. What exists is employment at the employer's whim. You can check out any time you like, but you can never leave - until the boss says so. Irritate the wrong boss, and you'll never work in that town, city, State or Country again, because that's how networking works at the upper levels. This makes it impossible to switch jobs, save by your boss' consent. The system is feudal and peons have no say in feudal systems. Peons will get walked over, and there is nothing they can do to stop it, no matter what "employment at will" rights they think they have.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    4. Re:This is a really really really bad precedent... by biryokumaru · · Score: 1

      Additionally, he was obligated by contract not to disclose the passwords, and he was meeting that obligation by not releasing them.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    5. Re:This is a really really really bad precedent... by georgewilliamherbert · · Score: 1

      Additionally, he was obligated by contract not to disclose the passwords, and he was meeting that obligation by not releasing them.

      No, he was not. Stop repeating the myth.

    6. Re:This is a really really really bad precedent... by biryokumaru · · Score: 1

      You're right. My mistake. Thank you.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    7. Re:This is a really really really bad precedent... by Cheerio+Boy · · Score: 1

      I do believe that's about the most balanced reporting of this whole fiasco...

      But the fact that they forced him into jail to give up the passwords and smeared him with a shit-colored PR campaign and false court claims tells me that very likely the man has been railroaded beyond reason.

      I stand by my original assertion - even if you leave I/T or whatever job you are doing and become a goat herder in the mountains somewhere the organization you used to work for can now effectively claim you did something wrong and land you in jail with no hope of preventing it.

      THAT is where this is all going.

      Once a company man always a company man.

      --

      "Bah!" - Dogbert
    8. Re:This is a really really really bad precedent... by biryokumaru · · Score: 1

      As a side note, someone brought this up. It suggests that he was required to release the passwords only to responsible security folks, a category under which his direct seniors did not fall. So there was some kind of policy involved here, which he was technically following.

      Of course, scary slippery slope is scary none the less.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    9. Re:This is a really really really bad precedent... by Anonymous Coward · · Score: 0

      You are on some kind of serious crack.

      When I hire people, I don't check with the secret cabal first.

      I suspect that this feudal system only exists in your deranged head.

    10. Re:This is a really really really bad precedent... by georgewilliamherbert · · Score: 1

      Lots of people did dumb things here, in my humble opinon, including but not limited to:

      The San Francisco CIO and IT Security Officer for not ensuring they had the centralized security password management their policy required, and for not ensuring they actually had all the system passwords they were supposed to;

      His (direct) boss, not getting his system passwords under the central management appropriately to start with;

      His boss, asking him on an open phone line with a conference room full of other people for the passwords, which should probably have gotten his boss fired or sanctioned by the SF IT Security director;

      Childs, for inventing several fictional excuses rather then reading the IT Security policy when asked about it;

      His boss, for starting a legal confrontation over it rather than defusing the situation somehow;

      Childs, for failing to disclose the passwords to the IT Security director, who led the team who unambiguously had central systems password management/tracking system data authority, whether they had a database for them or not;

      Several legal people, for reasons others have articulated.

      One of these was chargeably criminal, though it probably should have been handled in a less confrontational manner than that. The rest were just dumb.

    11. Re:This is a really really really bad precedent... by karnal · · Score: 1

      From what I know about Cisco devices, you can only do 2 things if you don't have the password to the box:

      1. Use SNMP (if you happen to have the read/write strings) and push the config to a tftp server.
      2. Set the config register to (memory fuzzy here) 2102 to boot with no config. Reapply config with new password.

      Of course, thinking through this now, you could set the config reg to 2102 and then dump off the config from flash, if memory serves. There would be an outage though due to the time that the box has no config and is rebooting.....

      --
      Karnal
    12. Re:This is a really really really bad precedent... by karnal · · Score: 1

      yay - reply to my reply:

      Found that Childs used this in his efforts to tighten security:

      Cisco Password Recovery Procedure

      The Cisco IOS software provides a password recovery procedure that relies upon gaining access to ROMMON mode using the Break key during system startup. In ROMMON mode, the router software can be reloaded at which time prompting a new system configuration that includes a new password.

      The current password recovery procedure enables anyone with console access, the ability to access the router and its network. The No Service Password-Recovery feature prevents the completion of the Break key sequence and the entering of ROMMON mode during system startups and reloads.

      That's actually kind of ballsy. I would have to expect that if someone has physical access to the device, they own or are employed by the owners of said device. I don't see a lot of situations where this would be entirely useful....

      --
      Karnal
    13. Re:This is a really really really bad precedent... by IntlHarvester · · Score: 1

      It may have made sense considering that many city routers would be in park buildings or other remote places with poor physical security. The ballsy part was ignoring the "what if I was run over by a bus?" rule and then playing politics with the passwords.

      --
      Business. Numbers. Money. People. Computer World.
    14. Re:This is a really really really bad precedent... by mabhatter654 · · Score: 1

      Consider that they had ALREADY called the cops and brought him to the IT office to ask for the passwords. There was no "fair way out" of this one. Even if he handed them over, fully documented, the managers would have promptly broken something, not read manuals, or hired proper staff, and then still blamed HIM for tampering. Then they would have just kept calling him back over and over to "fix it". By sitting in Jail he probably saved himself any other charges. I think they basically got him for having modems on his home network still wired to dial into the routers so he "could have been" causing trouble (intent and all that) Now that the dust is clear, and he can move forward I think he'll be fine... as fine as you can be after sitting in jail 2 years.

    15. Re:This is a really really really bad precedent... by jmcvetta · · Score: 1

      You can check out any time you like, but you can never leave - until the boss says so. Irritate the wrong boss, and you'll never work in that town, city, State or Country again, because that's how networking works at the upper levels. This makes it impossible to switch jobs, save by your boss' consent.

      This may be true in smaller towns, but fortunately the case does not seem so grim in larger metro areas. There are enough bosses, and enough different cliques of which they are part, that no one boss can make sure 'you never work in this town again'.

    16. Re:This is a really really really bad precedent... by PeterBrett · · Score: 1

      That's actually kind of ballsy. I would have to expect that if someone has physical access to the device, they own or are employed by the owners of said device. I don't see a lot of situations where this would be entirely useful....

      Actually, I think this is a very useful feature. If you've got a city-wide network, it's likely that there will be at least one place where the physical security isn't perfect. In conjunction with securely-stored passwords and configuration backups (e.g. in a fire-proof safe in the city hall) using No Service Password-Recovery seems like a sensible way of partially plugging the "physical access == pwned" security flaw.

      Especially considering the fact that it's likely that a lot of very valuable information would be travelling over a typical city's network (local tax records, emergency services data, names, addresses, SSNs, etc).

  11. Soooo by garyisabusyguy · · Score: 4, Insightful

    The lesson here is to do whatever your boss says, even if it is incredibly stupid and will make your job entirely unmanageable...

    Well, I would have to agree that my 'inner security geek', would have had to swallow really hard a few time before stating production passwords over a teleconference with unknown people. Hell, I would expect to be fired just for doing that.

    Damned if you do, damned if you don't. Sometime you just have to suck it up and go look for another job. The sad part is that Terry was probably just a conscientous civil servant, and the boss was a know-nothing political appointee. Terry had probably seen more than a few of these appointed ass-hats come and go, and figured this was just another little tempest that would blow over.

    Poor guy

    --
    Wherever You Go, There You Are
    1. Re:Soooo by Wyatt+Earp · · Score: 0, Troll

      My experience has been, when the head of your agency or supervisor(s) ask for a password, you give it to them.

      If they call you and ask for it, you give it to them.

      Terry Childs is a felon, the city of San Francisco shouldn't have put him in that position in the first place.

    2. Re:Soooo by stonewallred · · Score: 4, Insightful

      A low UID does not make you smart I see. He committed a crime 25 years earlier. I went to prison when I was 17, and am now 41. Time changes folks, and not just prison time. You are a very narrow minded and prejudiced SOB if you are going to hold stuff against people 25 years after they did the crime.

    3. Re:Soooo by SoupGuru · · Score: 2, Interesting

      If my boss asks me to do something, I generally do it. What if it violates policy? Well, he's more culpable than I am.

      That's the thing. That network is more Childs' boss' than it is his... his boss has more responsibility to it. He wants the password, give it to him and document that you did so. When the network comes crashing down, it's more his fault than yours.... and you're not in jail. Hopefully.

      --
      What doesn't kill you only delays the inevitable
    4. Re:Soooo by Wyatt+Earp · · Score: 1

      Nor does time make one reformed in every case.

      Terry Childs is a convicted felon, his record wasn't expunged, so the fact stands.

      And now he is a felon again.

    5. Re:Soooo by MichaelSmith · · Score: 1

      He didn't remove the network from his employer. All the hardware was still there. If they had a clue they would have gone in at the hardware/firmware level and reset the passwords.

    6. Re:Soooo by Metzli · · Score: 1

      That may be, but there are some times when rules don't allow someone with a record to hold a privileged position. I've seen a few cases where people couldn't be allowed to do a certain job because of past actions. They were 20+ years earlier and, IMHO, rather minor. Regardless, sometime it's just not allowed.

      --
      "It's too bad stupidity isn't painful." - A. S. LaVey
    7. Re:Soooo by Oxford_Comma_Lover · · Score: 1

      > Terry Childs is a convicted felon, his record wasn't expunged, so the fact stands.

      I think the point he was making is that a conviction 25 years in the past shouldn't automagically disqualify someone from a job. A lot changes in 25 years. And we have a lot of crimes we shouldn't have, and a system that's bad in some ways. Simple hypothetical: your local police plant a little pot on you because you're a libertarian who likes police accountability. A little pot, in your state, may be enough for felony intent to distribute. Your lawyer tells you to take the plea bargain to get it down to a misdemeanor, an you're going to--but to take the plea, you don't just have to take the bargain, you have to testify that you really are honestly guilty and you're taking the bargain because you're guilty. So you don't take it because you don't want to lie to the court--or generally don't want to lie. Now you're a felon.

      Applies to other crimes, and other circumstances.

      Or you do something really stupid when you're a kid. There's an accident, and you kill someone. Think of Garden State, and the latch on the dishwasher. Then you're a felon.

      Doesn't mean you don't grow up.

      Sure, there's recidivism. But there's also reform.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    8. Re:Soooo by Wyatt+Earp · · Score: 2, Informative

      He also had a felony pled down to a misdemeanor in the 1990s

      http://www.cio.com.au/article/255165/sorting_facts_terry_childs_case?pp=2&fp=&fpid=

      "In 1995, prosecutors said, Childs was again arrested in Kansas and charged with aggravated assault and carrying a concealed weapon. The case was reduced to misdemeanor weapons possession."

      And he had stuff he shouldn't have at home

      "For example, the city's court filings claim that police found an ID badge and access card of one of Childs' colleagues in his house, and that Childs had lists of usernames and passwords of other city employees, including his direct supervisor, Herb Tong. Childs' having these materials is difficult to justify, if true."

    9. Re:Soooo by couchslug · · Score: 1

      "You are a very narrow minded and prejudiced SOB if you are going to hold stuff against people 25 years after they did the crime."

      Depends very much on the crime. Smoking weed? No victim. No problem.

      Doing a "Cool Hand Luke" on some parking meters with no subsequent offenses? Probably rehabilitated.

      Pedophilia? Bespeaks a permanent scumbag the rest of us have zero reason to care about. Time doesn't change everyone.

      Paying your debt to society doesn't mean logical humans should consider "getting out of stir" to equal "swell guy, worthy of trust".

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    10. Re:Soooo by ClosedSource · · Score: 2, Insightful

      "A low UID does not make you smart I see."

      You just figured that out? What could a low UID mean other than stumbling onto the site earlier than some other people?

    11. Re:Soooo by gknoy · · Score: 3, Insightful

      What does his past miconduct, his being a Jerk, or having bad things at home have to do with his treatment of the city network? I don't see the connection. Only being a jerk, in fact... and if he was following the letter of the laws and policies (which discussion here seems to indicate), that should have been OK.

      The take-away from this seems to be, if a superior is bullying you for passwords or other information you're contractually obliged to not give them, don't just tell them "No". Rather, tell them, "(Company|City|State|DOD) policy XYZ prevents me from doing this over the phone. I need to either do it in writing, or get a written statement from Q, P, or W that doing so will violate neither my contract nor any applicable laws." This makes it clear you DO want to help them, but with constraints.

    12. Re:Soooo by Flavio · · Score: 2, Informative

      People with low UIDs are typically IT professionals, engineers or scientists with at least 10 years of experience in their respective fields. Back then, Slashdot was much geekier and the Internet was much smaller.

      On average you're much better off getting a technical consult from people with low UIDs.

    13. Re:Soooo by mysidia · · Score: 1

      That's probably part of what the '$200,000' in costs to the city was.

    14. Re:Soooo by zoloto · · Score: 1

      I'll remember to put 1029 on my dumb-ass list.

    15. Re:Soooo by MichaelSmith · · Score: 1

      They had one guy managing the whole thing so I suspect they had an unrealistic view of the cost of running a large network.

    16. Re:Soooo by cdrguru · · Score: 1

      Right. And you just removed the motivation your boss would have had to "get you" for your insubordination.

      Terry Childs biggest problem was that he was trying to protect his former employer's network from improper access. Why he cared, since it was his former employer, is somewhat of a mystery.

      Telling your former boss (or former boss's boss) that you can't do something because it would compromise THEIR network is bound to inspire someone to try to take it out on you. Personally and severely. If they have an attorney at their beck and call, you are in deep, deep shit.

    17. Re:Soooo by ObsessiveMathsFreak · · Score: 1

      Pedophilia? Bespeaks a permanent scumbag the rest of us have zero reason to care about. Time doesn't change everyone.

      In case you're a Christian--just to let you know--you might not want to mention that in church.

      --
      May the Maths Be with you!
    18. Re:Soooo by Anonymous Coward · · Score: 0

      He didn't remove the network from his employer. All the hardware was still there. If they had a clue they would have gone in at the hardware/firmware level and reset the passwords.

      If I'm not mistaken they were unable to do so.

      Going from memory of the initial reporting here, but IIRC Mister Childs had passwords on the routers and further, had not provided backups or documentation of the router configurations, instead leaving them entirely in RAM in the router. In other words while it is possible that the routers could have been powered down in order to reset/recover the passwords, when powered back up the routers would no longer have been properly configured resulting in a broken network.

      Mister Childs effectively locked down the network so that he was the only one able to administer it and if anyone else attempted to gain control of the network by means of resetting the routers they'd break the network.

    19. Re:Soooo by houghi · · Score: 1

      The difference is, it is not your network. It is their network and if they want to screw it up, that is their decision. For all I car they can do a `rm -rf /` as root after I give my boss the password. will just be sure that there is a trail that I did this.

      I will not withhold anything from my boss, unless I am sure there is a big issue. That I will then discuss with my N+2 and if he does not see any problem (perhaps because they work together on whatever they do) I will still give the password and will let as many people know that I had to give it.

      I will still be aware that it is not my network, not my computer or not my business.

      --
      Don't fight for your country, if your country does not fight for you.
    20. Re:Soooo by stonewallred · · Score: 1

      Some stuff I agree with. You are a child molester, no daycare jobs for you. An embezzler, no job handling money. But at some point society has to stop holding felonies against folks 20+ years after the fact. If a person is so dangerous to society that 20+ years after they committed a crime they can't get a job, then they need to still be in prison and not walking the street. I have applied for drafting jobs, submitted samples, done phone interviews, and then get called in for a final F2F interview and get denied because of a felony conviction from when I was 17. I fail to see how an armed robbery charge would impact my ability to do architectural drawings for a log cabin manufacturer. Hell, we have a convicted felon, convicted of obstructing justice when he was the sheriff previously, no less, running for county sheriff. And the bastard will probably win, but a 41 year old with a felony for armed robbery in 1985, can't get a job flipping burgers at McDonalds. There needs to be a way to expunge convictions after x number of years free with no further crimes. IMNSHO.

    21. Re:Soooo by mysidia · · Score: 1

      I suppose so... and now that he's gone I wonder who they have managing it now, and whether/not Childs has been a scapegoat for mistakes made by his successors?

    22. Re:Soooo by eosp · · Score: 1

      It was set up so that a password reset would conveniently wipe the firmware and settings. A perfectly good and quite complex configuration down the drain. And that would mean downtime.

    23. Re:Soooo by GaryOlson · · Score: 1

      A little flagrant self-promotion there? How much do you need to deflate your ego in order to walk thru doorways?

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    24. Re:Soooo by Naedst · · Score: 1

      Pedophilia? Bespeaks a permanent scumbag the rest of us have zero reason to care about. Time doesn't change everyone.

      Pedophilia by itself is not a crime; it's a mental illness. And treating pedophiles as criminals even though when they've never broken the law means they are less inclined to seek professional help for their problem. Like you say, time doesn't change everyone, but treatment may mean that they're less likely to every act on their impulses.

      And for the record, IANAP.
       

    25. Re:Soooo by ClosedSource · · Score: 1

      "People with low UIDs are typically IT professionals, engineers or scientists with at least 10 years of experience in their respective fields."

      And you base this on?

    26. Re:Soooo by Anonymous Coward · · Score: 0

      Give me a break. Even if no longer an employee, hand over the password, even if just for a future job reference.

      The guy felt he "owned" the network, he didn't and now he's paying for it because he's an idiot.

      You know when you go to trial and are convicted you can get the min or max sentence, this guy is a case study on receiving the max.

    27. Re:Soooo by Flavio · · Score: 2, Informative

      Back in the day, Slashdot's readership was much nerdier than it is today. Rob Malda and Jeff Bates were undergrads, as were a lot of the visitors. I was in high school when Slashdot started. Linus Torvalds wasn't even 30 years old at the time, Linux was by no means mainstream, but everyone on Slashdot knew about it and was quite knowledgeable about operating systems and computer languages. These technology enthusiasts had 10 years to finish college, improve their skills and on average should now be working in IT, science or engineering.

      Slashdot's readership is much more diverse now. When I'm not moderating, I threshold comments at +3 and hide everything with a Funny mod, because very often you find threads about science and technology that have nothing but offtopic rants and stupid jokes. For example, today's story about NASA's call for proposals was filled with garbage. This would not have happened 10 years ago.

      The average reader's spelling skills is significantly better, though.

    28. Re:Soooo by celle · · Score: 1

      Essentially we're conscripts in a private army. Even the real military has rules about illegal orders. This is such a bad precedent it's scary. I kept saying when the civil war comes in the eighties, seems a lot closer now. Although most of the peons are sheep anyway and don't realize as a group they could jam this country up badly if need be.

    29. Re:Soooo by celle · · Score: 1

      "...nor any applicable laws." This makes it clear you DO want to help them, but with constraints."

      Except his boss is supposed to know the policy and should have gotten fired himself for violating it. Besides they fired the man first, it was too late for his boss by then.

    30. Re:Soooo by Nyder · · Score: 1

      The lesson here is to do whatever your boss says, even if it is incredibly stupid and will make your job entirely unmanageable...

      Well, I would have to agree that my 'inner security geek', would have had to swallow really hard a few time before stating production passwords over a teleconference with unknown people. Hell, I would expect to be fired just for doing that.

      Damned if you do, damned if you don't. Sometime you just have to suck it up and go look for another job. The sad part is that Terry was probably just a conscientous civil servant, and the boss was a know-nothing political appointee. Terry had probably seen more than a few of these appointed ass-hats come and go, and figured this was just another little tempest that would blow over.

      Poor guy

      I don't agree.

      See I was brought up that you listened to adults, your parents, church leaders, and you do what they say.

      What I discovered was Adults, parents, and church leaders are all stupid ass peeps that don't care about you, just themselves.

      You might get on your knees and suck your boss off when he asks, but I don't. If my boss asked me to do something illegal, i'd laugh at him. Tells me to do something that isn't in my job description? Laugh at him.

      If you scared of your boss that you have to do what they say, you probably have worse problems then worry about a case like this.

      People only have power over you if you let them. Once your boss gets you to do something that isn't protocol or part of your job, then he's going to have no problem getting you to keep doing it.

      For example, I used to cook in restaurants, but I got tired of it, so I started working out in front. I found that once a job learns that I can do anything in that restaurant, I end up doing everything. But not doing it at the pay level I would if I was working that position.

      Your boss doesn't care about you, all he cares about is the bottom line, or his boss. If you don't stand up to that, you get walked on the whole time you're there.

      --
      Be seeing you...
    31. Re:Soooo by Nyder · · Score: 1

      He also had a felony pled down to a misdemeanor in the 1990s

      Apparently you don't know how the legal system works.

      When you get arrested, they always want to hit you with a felon. it looks better for the cops, looks better for the stats.

      Then you get your public defender, or if rich, a decent lawyer to argue with the DA, who usually will say, in first case or really stupid cases that if the defendant pleads guilty to a lesser charge, they will drop the felony.

      So you get a choice. Of fighting the charge and possibly getting a felony on your record, or taking a guilty charge on a misdeamoner instead of a felony.

      Obviously he took the lesser charge.

      So while you can try to make it seem like he was a felon, that don't count for shit. It don't matter what he was charged with, but what the he was convicted of.

      --
      Be seeing you...
    32. Re:Soooo by centuren · · Score: 1

      The lesson here is to do whatever your boss says, even if it is incredibly stupid and will make your job entirely unmanageable...

      Well, I would have to agree that my 'inner security geek', would have had to swallow really hard a few time before stating production passwords over a teleconference with unknown people. Hell, I would expect to be fired just for doing that.

      Damned if you do, damned if you don't. Sometime you just have to suck it up and go look for another job. The sad part is that Terry was probably just a conscientous civil servant, and the boss was a know-nothing political appointee. Terry had probably seen more than a few of these appointed ass-hats come and go, and figured this was just another little tempest that would blow over.

      Poor guy

      No, damn it. The lesson here is that the criminal system can be abused to resolve business matters, and that all discourse is about the person who has been convicted rather then the people who convicted him. The Mayor and the DA are the ones people should be focusing on.

    33. Re:Soooo by centuren · · Score: 1

      The difference is, it is not your network. It is their network and if they want to screw it up, that is their decision. For all I car they can do a `rm -rf /` as root after I give my boss the password. will just be sure that there is a trail that I did this.

      I will not withhold anything from my boss, unless I am sure there is a big issue. That I will then discuss with my N+2 and if he does not see any problem (perhaps because they work together on whatever they do) I will still give the password and will let as many people know that I had to give it.

      I will still be aware that it is not my network, not my computer or not my business.

      It's still your job, and your independence. I can refuse to comply with any and all demands made by my employer. I can be fired as a result, and can even end up in court over whether it constituted a breach in contract (and if damages or penalties are owed as a result). Refusing to work isn't a crime.

    34. Re:Soooo by SharpFang · · Score: 1

      There is one problem... if you did what your boss told you and shit hits the fan, your boss will deny everything and the blame will be on you anyway.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    35. Re:Soooo by FreakyGreenLeaky · · Score: 1

      Past behaviour is always a factor.

    36. Re:Soooo by Anonymous Coward · · Score: 0

      Might not be that, a lot of States/counties/cities have rules against hiring felons. I don't know if SF does but in some other States, such as Florida, this would not have happened without someone else losing their job for hiring him.

    37. Re:Soooo by Anonymous Coward · · Score: 0

      Terry was a contractor, not a civil servant, and worked pretty much on his own and unsupervised (after his previous supervisor resigned over the stupidity of the management; this supervisor was posting comments on Paul Venezia's blog at InfoWorld in support of Terry for the past two years while he's been in jail). But Childs was a CCIE, a very rare credential and highly prized (not to mention highly paid). The idiot pointy-haired bosses who caused this whole fiasco were the political appointees with little to no computer experience, and the Information Security Officer who really started the ball rolling had no credentials at all, aside from being the girlfriend of another higher-up manager appointed by Mayor Newsome.

    38. Re:Soooo by ClosedSource · · Score: 1

      You're just repeating your opinion. That's not evidence.

    39. Re:Soooo by Restil · · Score: 1

      I am in a constant battle with one of my customers over this very idea. A new team bought the company I had worked with for years and has tried to implement all sorts of new ideas. So far, I have had to fight the "No, you do NOT want an open access point on your network, no matter how badly your visiting vendors need to be able to access the internet without a password" fight. Then there was the guy who made several frantic emergency calls to me.... because he couldn't get his
      CDROM to play his music CDs anymore. First off, it's an office, that's hardly a requirement. Secondly, it was on some spare computer they had found in the office, and had set it up because this new guy NEEDED his own computer, yet never did anything with it or used any of the programs. Since it ran windows, it was the only one in the office with a working CD and sound. I didn't have CDROM drives in any of the workstation computers ever since one of their vendors tried to install some
      program on one of them, and somehow in the resulting frustration of trying ot figure out why his windows programs weren't running under linux, started rebooting computers and tampering with the network, and finally leaving.

      Oh, and they had a vendor who wanted to get online, so found the dsl modem, unplugged it from our network and plugged his laptop into it. Only problem was, it wasn't set up for dhcp, so he wasn't able to actually get an ip address. So his solution was to unplug every modem looking device he could find, including 2 switches and one router, and after giving up, just left it like that. Amazingly, I was able to talk someone through getting most of it hooked back up over the phone. I kept all of this in a back closet that I had instructed everyone to not let anyone have access to.

      And now, I'm actually in the process of helping them transition to a new system, at their request, so they can fire me. What's amusing is the fact that they can't even seem to do that right, and I'm bending over backwards to make it posible for them. What scares me and excites me at the same time is the fact that I know that 3 days after they decide they no longer need me, they will suddenly discover that I was doing a lot more for them than simply providing support for a single software package, which is all they're going to have once I'm gone. The next time their printer breaks or a workstation won't boot... well, I don't know who they're going to call, but it's not going to be me.

      YAY!

      No.. They'll want me back.. at least for a little while. And I'll let them hire me back... after they've made a colossal mess of things. Because that's what I do. I fix the nightmares of someone else's creation.

      Now, the point I was really trying to make here. They pay the bills, so they are the boss, and although I can object endlessly to their braindead requests, it's still
      my job to do it, or quit. And they have the root password to all of the systems, just in case I get hit by a bus. Thankfully, they really don't know what to do with it, so it doesn't affect me at all. I did have a test of wills with one of them once though when they brought a windows laptop in from home for office use. I demanded they be in compliance on all licenses for all software installed on that system, and keep that documentation on site. The end solution was uninstalling almost everything on it. Hey, I'm not going to be the one who gets blamed when one of the 20-year employees they were firing on a monthly basis for "not being a team player" decided to listen to those stupid SPA radio ads and get a little vengeance.

      -Restil

      --
      Play with my webcams and lights here
    40. Re:Soooo by gknoy · · Score: 1

      Even if one's boss should Know Better doesn't mean you can't let them bypass the rules if they can get permission to do so. ... as an aside, little of this seems now to apply to Childs, given what's come out from jurors about the degree to which he'd taken ownership of the network, and of how he effectively refused to transfer control to another city employee who was replacing him. However, the general rule of "tell people what you need in order to secure an exception to the rule" is a good one that I think applies to almost anything we do at work, whether we're in IT or not.

  12. Is this the same thing... by deep9x · · Score: 1
    he was originally charged with? From what I've found online, he was charged with California statute 502(c) (5), which reads:

    (5)Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.

    I couldn't find anything that is, definitionally, "computer tampering" through a judicious use of Google.

    1. Re:Is this the same thing... by Anonymous Coward · · Score: 0

      he was originally charged with? From what I've found online, he was charged with California statute 502(c) (5), which reads:

      (5)Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.

      He denied his supervisors direct administrative access to the devices requiring the passwords only he held.

  13. Jury Justice according to Frost by gibson123 · · Score: 1

    A jury consists of twelve persons chosen to decide who has the better lawyer. - Robert Frost

    1. Re:Jury Justice according to Frost by ClosedSource · · Score: 1

      So Frost loss the case I'll bet.

  14. Re:Poor jerk. by ergean · · Score: 5, Insightful

    Fuck off. He followed the fucking city policy, maybe he was a jerk about it, but that doesn't make you right about him.

  15. The city was GOING to win. by Anonymous Coward · · Score: 1

    Even if he was right. Which lets be realistic here, he wasn't. But right or wrong, he made the city looks dumb, he was going to lose either way. What kind of court system would set a precedent that the city was wrong for asking for something it owned. He should of just given the codes, and gone on with his life. Was it worth it? Not really.

    1. Re:The city was GOING to win. by Reason58 · · Score: 1

      Even if he was right. Which lets be realistic here, he wasn't.

      Since we're being realistic, mind telling me how was he wrong?

    2. Re:The city was GOING to win. by Locke2005 · · Score: 1

      A better strategy would have been to simply say "I forgot!", and claim he had destroyed any written copies of the password he had before he left. Really, it is exceedingly stupid for the city to not have any backup plan for recovering the passwords should something happen to the only person that knew them! And yes, Terry Childs had a responsibility to ensure that the passwords could be recovered no matter what as well -- which doesn't make him a very good sysadmin.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:The city was GOING to win. by Anonymous Coward · · Score: 0

      What was he expecting to happen? Anyone that didnt just give in once this entire chain of events started to come screaming at them with full intent of running them over, obviously thought they had some higher worth to the system then they actually had. He was trying to protect something that didn't want to be protected, and was a very very expendable part of the machine that just as quickly threw him to the wolves, and label him a rouge jack ass. So you tell me? With all the hype aside, was it really worth it?

    4. Re:The city was GOING to win. by Reason58 · · Score: 1

      Whether it was worth the effort and whether he was right are two independent issues.

    5. Re:The city was GOING to win. by sbeckstead · · Score: 1

      He committed a felony by assuming he was right. You can't get more wrong.

    6. Re:The city was GOING to win. by Anonymous Coward · · Score: 0

      A better strategy would have been to simply say "I forgot!"

      Worked for Hillary!, repeatedly.

    7. Re:The city was GOING to win. by mysidia · · Score: 1

      It's not a question of whether what he did was wrong or not.

      The question is, did his actions rise to the level of criminal?

      And if so, was the crime tampering

      I say no way. Failing to disclose information when asked is not tampering. It might be wrong to hide the information when asked, it might even be a crime, but not tampering.

    8. Re:The city was GOING to win. by zippthorne · · Score: 1

      Perhaps the recovery of those passwords would have been obvious to a competent sysadmin. Is there evidence that his successors were, in fact, competent sysadmins?

      --
      Can you be Even More Awesome?!
    9. Re:The city was GOING to win. by slashqwerty · · Score: 1

      What was he expecting to happen?

      Well, what was he expecting to happen? From what little background I could dig up on this case he was already on confrontational terms with his boss. She pulled together a bunch of witnesses and the police, made a conference call and asked him for the password. If he had handed it over he could have been punished for doing so. It's not unlike when Joan of Arc was asked if she knew she was in God's grace (she would have implicated herself if she had answered either yes or no)--except that Joan of Arc was smarter than Mr. Childs.

    10. Re:The city was GOING to win. by Anonymous Coward · · Score: 0

      That's hilarious. The poster mentioned something bad so you mentioned a politician you don't like. Har. Har. Har.

      Oh and also please fuck off.

    11. Re:The city was GOING to win. by Jaime2 · · Score: 1

      Written IT policy for the CCISDA states that all administrative passwords must be stored in the "global password management database". See here page 34. Had he done this, the entire password conversation never would have been necessary. I'm guessing that his dismissal was related to his refusal to put the password in the database.

    12. Re:The city was GOING to win. by Pence128 · · Score: 1

      This. This isn't about whether what Childs did was wright or wrong. This is about abuse of the law. Which is ALWAYS wrong.

      --
      404: sig not found.
    13. Re:The city was GOING to win. by thannine · · Score: 1

      But was it there at the time this happened? I'm pretty sure it wasn't. And BTW, what if he had just stepped in front of a bus? Had they still charged him for not providing the passwords?

    14. Re:The city was GOING to win. by Jaime2 · · Score: 1

      He went out of his way to make sure that the city couldn't run their network without him. The city got mad and decided to make it blow up in his face. I'm glad it did. Of course the specific charges were trumped-up, but a few years in jail is too good for an admin that thinks the network is his and then goes on to essentially gain private control of it.

      I work with a ton of morons who think they are the best admins that ever lived. If one of these fools got a god complex and hoarded network power, I'd be first in line to volunteer my time to undo his mess. I'd do it just so that the company could be in a position to fire his stupid ass. I hate working with people who live for the rush of lording over other people.

  16. Will trial records be posted somewhere? by linebackn · · Score: 3, Interesting

    Sound like this could have some bad repercussions for IT folks. Of course all I know about the situation is what has been posted on Slashdot. There could be, and usually is, more to the story. Now that the trial is over with will the court records be posted somewhere?

    1. Re:Will trial records be posted somewhere? by slashqwerty · · Score: 2, Insightful

      Sound like this could have some bad repercussions for IT folks. Of course all I know about the situation is what has been posted on Slashdot. There could be, and usually is, more to the story. Now that the trial is over with will the court records be posted somewhere?

      That's an excellent question. Throughout this entire case I've felt like I was only getting one side of the story. For example, I haven't seen any quotes from the prosecutor. Prosecuting someone for failing to disclose a password is absurd. There has got to be something else going on.

    2. Re:Will trial records be posted somewhere? by Anonymous Coward · · Score: 0

      The court documents have been available the entire time. Even posted in the /. comments somewhere. Not to mention linked in a couple of those infoworld blogs. There's like 2000 pages of documents. Full timelines and everything. Reading the entire thing will do nothing but ensure you that Terry did nothing wrong.

  17. Am I missing something? by solosaint · · Score: 1

    am i missing something? I thought the US Government had the ability to crack passwords... is this only high level government? wasn't there an article on here about the US Customs using PS3s to crack laptops open...

    1. Re:Am I missing something? by Wyatt+Earp · · Score: 1

      San Francisco's government isn't the Federal Government.

      If the Mayor of San Francisco, or hell even the Governor of California ask the FBI or NSA to crack a password it'd either be flat out rejected (NSA) or it'd bounce through the Department of Justice for ages (FBI).

    2. Re:Am I missing something? by MichaelSmith · · Score: 1

      Can't they just go in through the console and set the password?

    3. Re:Am I missing something? by youn · · Score: 1

      Actually with some switches/ routers the procedure is a bit more complicated... they allow you to modify the firmware in such a way that default configuration is over written by a password protected default configuration.

      either you brute force it or you ask for manufacturer reset codes... both take time.

      --
      Never antropomorphize computers, they do not like that :p
    4. Re:Am I missing something? by joshki · · Score: 1

      Crazy talk!

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    5. Re:Am I missing something? by Jaime2 · · Score: 2, Informative

      Resetting the passwords on a router that you have physical access to is trivial. This turned into a showdown. There was never any need to detain Childs and demand the passwords from him other than to avoid a physical visit and reboot of every router on the network. The city apparently decided to send a message that ex-employees will not be allowed to cost their former employer thousands of dollars because they wanted to act like children.

      The only thing Childs could have accomplished was to force the city to do a little extra work, they were never at risk of not regaining control of the routers. He had to have known it, unless he was incompetent.

    6. Re:Am I missing something? by Anonymous+Psychopath · · Score: 1

      Can't they just go in through the console and set the password?

      Yes, they can. Except Childs had a bizarre policy of not saving the configuration on the devices, so resetting the passwords would have also required reconfiguration. And someone as bat-shit crazy as Childs appears to be probably didn't document the configurations.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    7. Re:Am I missing something? by BengalsUF · · Score: 4, Informative

      Except for the fact that he had disabled password recovery. So now there was no way to access those devices or their configurations.

    8. Re:Am I missing something? by Jaime2 · · Score: 1

      Just re-flash it and re-load the config with a new password. If the config isn't on file somewhere, than that's just another reason to fire his ass. Come to think of it, the only reason to not have a backup of the router configs is to hold your employer hostage. This is proof that he should have been thrown in jail, mainly because he spent months setting up the scenario where the city was dependant on him and only him for the health of their network.

    9. Re:Am I missing something? by St.Creed · · Score: 1

      Terry had removed that possibility too - check the posts from the guy on this page who was a juror. Terry basically had the whole thing locked down with:
      - password protection on everything (ofcourse)
      - unrecoverable passwords where possible on routers that supported it
      - routers that did not support that option, he had the configurations stored in RAM only, flashed the NVRAM to disable the ability to reboot the router (would have turned it into expensive scrap metal until they could have re-installed it from scratch) and provided a modem line into the router to reload a copy of the configuration if needed.
      - those configuration copies were stored on an encrypted DVD only decryptable on Terry Childs laptop
      - physical access to servers prevented if possible (and by no small means either, the guy had secured the logging server in a closed metal case with 2 padlocks, only a few holes for cables present)

      Do you think this guy would leave his console open for access?

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
  18. Re:just deserts by Aelcyx · · Score: 1

    If this is in regard to "just deserts," then there is no misspelling.

    http://www.phrases.org.uk/meanings/just-deserts.html

  19. Re:Poor jerk. by Anonymous Coward · · Score: 5, Insightful

    Yes. Security rightly assumes that the weakest link of any computer/information protection is the humans. He followed their policy about how to deal with people trying to get access, no matter where or how powerful those people were.

    He should be commended, not disgraced.

  20. Been there. The Feds hate geeks. by droopus · · Score: 5, Interesting

    Ok the real lesson, sorry to say is: if the Feds want you they will have you. There is a reason why 95+% of indictees plead out. How do I know this? I just emerged from a five year fed sentence at a lovely FCI in Ohio.

    Without getting too detailed...I was a media consultant for a major media multinational. The Feds did not like that my focus was piracy but I would not divulge IPs, nyms or rat anyone. After some rather appalling disinformation was seeded (see Darknet...an utter load of made up BS) I was accused of damaging a portable toilet (I am not making this up) and faced life for 18 USC 844(i) and 18 USC 924(c). I was forced to plead out to a mandatory minimum of five years, which I just finished. (in fact, I'm still in a halfway house).

    The charges and the character assasination were ALL bullshit. But would you have thrown the dice with a jury and risked life? Me neither.

    The feds hate geeks, unless we work for them. Be VERY afraid and very careful. I'll get my life back but the past 52 months were not fun.

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    1. Re:Been there. The Feds hate geeks. by Fnkmaster · · Score: 4, Funny

      Look on the bright side, at least you've still got your 5 digit Slashdot user ID!

    2. Re:Been there. The Feds hate geeks. by jbeach · · Score: 1

      Wow. I am very sorry to hear of your situation.
      Are you writing about this, or getting other attention to it? Getting some silver lining out of that dark cloud?

      --
      The Invisible Hand of the Free Market is what punches workers in the nuts.
    3. Re:Been there. The Feds hate geeks. by guibaby · · Score: 1

      Sounds like you were carrying a gun when you tipped over the port o potty next to the interstate highway. I can't believe they let you out so soon. You felonious bastard.

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
    4. Re:Been there. The Feds hate geeks. by tobiah · · Score: 1

      Interesting law; 5 years minimum for damaging Fed property with fire...

      --
      "The ability to delude yourself may be an important survival tool" - Jane Wagner -
    5. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      http://codes.lp.findlaw.com/uscode/18/I/40/844
      http://codes.lp.findlaw.com/uscode/18/I/44/924

      sounds like you blew up a government port-a-potty with someone in it while shooting your gun into the air in celebration.

    6. Re:Been there. The Feds hate geeks. by JustShootMe · · Score: 1

      The statutes you read imply that a civil servant was killed or injured by said damage, and that a firearm was used in the commission of this crime. I don't think you're telling us the whole story.

      --
      For linux tips: http://www.linuxtipsblog.com
    7. Re:Been there. The Feds hate geeks. by phantomfive · · Score: 2, Interesting

      According to this guy, the average person commits three felonies a day. I do not know how accurate that is, but here is another guy who says essentially the same thing.

      All I can say is fuck. At worst Mr. Childs deserved to be fired. There was a lot of incompetence involved, and clearly not all of it his.

      --
      Qxe4
    8. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      LOL. This is why I never as a rule give a convicted person the benefit of the doubt when he/she explains why they were convicted. It's always missing some little (read: huge) detail that turns everything around.

    9. Re:Been there. The Feds hate geeks. by Fnkmaster · · Score: 1

      Well, the first statute is the federal arson statute, and it specifically refers to using fire or explosive devices (as defined in the following section) to damage property involved in interstate commerce. The second statute is the federal gun mandatory minimum statute. It refers to using or carrying a gun during a crime of violence or drug trafficking crime (I'm assuming the first is relevant here) - see this nice little chart here.

      My non-lawyer interpretation is that you would have to have maliciously burned down or tried to blow up a port-a-potty, while somebody was in it, and you were in possession of a firearm (or perhaps even brandished or discharged one) while committing this violent act, in order to qualify for these charges.

      Doesn't necessarily mean somebody was injured or killed though - I'm guessing malicious arson might qualify in and of itself as a violent crime. And a port-a-potty just has to be involved in interstate commerce to qualify for federal prosecution - for example, having been rented across state lines is probably enough. It doesn't mean the port-a-potty was itself federal property, nor that the persons involved were federal employees.

      But yeah, sounds like there's more to this story than a guy wrote a nasty message about his boss in red marker on the port-a-potty wall and some feds with a stick up their asses about his attitude toward piracy charged him. But we don't really have all the info here, so you never know.

    10. Re:Been there. The Feds hate geeks. by droopus · · Score: 1, Informative

      Sigh...read 18 USC 924(c). That's the statute for commiting a federal offense with a firearm, which indeed is what I was accused of doing. Five years mandatory for just posessing a pistol. Seven for brandishing it. Ten for discharging it, or using a short barreled shotgun or assault rifle. Twenty five for the second count. Life for any further counts.

      They hit me with seven counts. No evidence to speak of, but would you go up against a jury of morons with that?

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    11. Re:Been there. The Feds hate geeks. by blair1q · · Score: 0, Troll

      Your lawyer was a fucking retard. Nobody does life for damaging a shitter.

    12. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Ok...free clue. All porta potties are involved in interstate commerce. I kid you not. According to my judge in my 2255 collateral attack Gonzalez v Raich (9th circuit med marijuana case) allow the Feds to regulate pretty much any non commercial intrastate activity they choose to regulate. IANAL but I spent the last three years studying fed law and THAT is my point about posting...if they want you, they will have you.

      FTR, I was accused of blowing it up with an explosive rifle target. In the deep woods. In a hunting area. With a legal, registered gun. Sound like a five year bid to you?

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    13. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Oh you are SO right. My lawyerS were useless assholes, and I paid them well. Once again...if the Feds want you, they will have you.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    14. Re:Been there. The Feds hate geeks. by Kjella · · Score: 1

      That's the statute for commiting a federal offense with a firearm, which indeed is what I was accused of doing. (...) They hit me with seven counts.

      Would you be happening to do a Matrix reenactment at the time? Or how exactly would they get to 7?

      --
      Live today, because you never know what tomorrow brings
    15. Re:Been there. The Feds hate geeks. by blair1q · · Score: 0, Troll

      If you keep fucking retards as lawyers, anyone can have you. There are a zillion lawyers out there. Shop around next time.

    16. Re:Been there. The Feds hate geeks. by DaveV1.0 · · Score: 1

      No one forced you to plead out. Sounds like you shot up a port-a-potty for fun, got busted, was convicted, and are now a paranoid, tin-foil-hat wearer.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    17. Re:Been there. The Feds hate geeks. by blair1q · · Score: 1

      And there are people who tell you that if there's a flag with a fringe on it in the courtroom it's not a legal trial.

      Those people are dumbasses.

      Get a lawyer, and if your lawyer doesn't see these situations as ridiculous and easy to beat, GET ANOTHER LAWYER.

      Unless, of course, you're guilty. Then go to jail.

    18. Re:Been there. The Feds hate geeks. by hldn · · Score: 1

      obviously he shot it 7 times.

      --
      http://www.accountkiller.com/removal-requested
    19. Re:Been there. The Feds hate geeks. by droopus · · Score: 5, Interesting

      Oh I did, trust me. Lemme pose this one to you...

      Know any good federal lawyers? How, exactly do you plan to "shop around" while in a fed lockup? Surely you know there are no computers, right? I hired three that had great reps. They cost six figures and achieved squat. I could have done the whole thing pro se and gotten the same result.

      I'm amazed at how arrogant ppl are about this. Unless you've been through it, you have NO idea.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    20. Re:Been there. The Feds hate geeks. by droopus · · Score: 3, Interesting

      You perfectly illustrate why rolling the dice with a jury of "peers" like yourself is insane. Who cares about evidence, due process, Rules of Criminal Procedure or mens rea? "Shit, I can eliminate reasonable doubt with a 20 line /. post!"

      And I'm sure you would have refused a plea and gone to trial looking at a life bid.

      Look I had never been arrested before either. Tin foil hat?
      No, a very costly education. I hope you never have to face one.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    21. Re:Been there. The Feds hate geeks. by droopus · · Score: 4, Funny

      Funnily enough, I actually considered that. Had my daughter log in once a month. B)

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    22. Re:Been there. The Feds hate geeks. by garyok · · Score: 1

      If a civil servant had been injured, 18 USC 844(i) states he'd have had to serve at least 7 years. As for the firearms offence, don't strong encryption systems count as munitions? Certainly for export they do. I would think that it wouldn't be too much of a stretch to apply the munitions definition to import too. Without looking into the record of the trial there's still room for doubt. Didn't Jebus say something about those without skin?

      --
      One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors - Plato
    23. Re:Been there. The Feds hate geeks. by DaveV1.0 · · Score: 1

      You are not on trial now because you already pleaded guilty. Therefore I don't have to worry about "evidence, due process, Rules of Criminal Procedure or mens rea". You have admitted guilt during your due process, therefore the evidence is that you are guilty.

      At the mention of mens rea, are we to believe you didn't know what you were doing when you shot up that port-a-potty? Are you claiming temporary insanity?

      Really, explain why, after you stated you were tried and you plead guilty, you think you are entitled to be given the benefit of the doubt. The time for you getting the benefit of the doubt was during your trail, you dumbass.

      What did you learn in your education? I hope it was not to be a dumbass who shoots up port-a-potties.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    24. Re:Been there. The Feds hate geeks. by lennier · · Score: 1

      FTR, I was accused of blowing it up with an explosive rifle target. In the deep woods. In a hunting area. With a legal, registered gun. Sound like a five year bid to you?

      Well - did you?

      I mean, if you did blow up a portaloo with explosives, no matter where, that's something just a bit different to not divulging IP addresses, isn't it?

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    25. Re:Been there. The Feds hate geeks. by nanoakron · · Score: 1

      Replying to a massively downmodded thread but anyway:

      I hate plead bargains and everything they stand for. They are undemocratic, bullying threats made by people in power.

      It's amazing that the US still has them when most other western democracies do not. They strip an individual of their right to jury trial and unfairly bias events in favour of the prosecutor.

    26. Re:Been there. The Feds hate geeks. by lennier · · Score: 1

      Didn't Jebus say something about those without skin?

      Not in my Bible, but after a Roman flogging he probably didn't have much left.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    27. Re:Been there. The Feds hate geeks. by droopus · · Score: 3, Informative

      Jeez, where to start. Where, exactly did I say I was "tried?" a plea is specifically to avoid trial, n'est ce pas? And no one "pleads guilty at trial" because a trial is a process to determine guilt or non guilt.

      So, listen carefully. When a normal person is faced with the likelihood of life when judged by people too stupid to get out of jury duty, or five years as a plea bargain, almost everyone picks the latter, even if not guilty.

      As for mens rea, how could I have it if the event never took place?

      I used to be as derisive and arrogant about the law till I learned what Fed law really is. I mean neither harm nor disrespect, just suggesting caution and awareness.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    28. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Hear fucking hear!!

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    29. Re:Been there. The Feds hate geeks. by shadowofwind · · Score: 1

      So did you do it or not?

      I don't think a person deserves 5 years prison for blowing up a toilet. Maybe a few months.

      I know law-and-order types who dishonestly squander hundreds of thousands of federal "research" dollars every year. Its stealing, but they pretend otherwise, and of course the state will never punish them for it. The law is there to protect the strong against the weak, not for justice.

      At the same time, its bogus to claim that you deserve to get away with something because the evidence against you was weak. If you did it, then you're guilty. If the punishment does not fit the crime that's a separate issue.

    30. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      re: 18 USC 844(i) and 18 USC 924(c)

      Did you shoot a portable toilet with a machine gun or a silenced firearm (or blow it up with something) and have another firearm-related conviction on record? Because that's about the only way I see that you could get a life sentence out of those two sections...

      I'm just curious. I've heard some fucked up things before, but this one ranks high on the list.

      Captcha: heroism

    31. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Very good points. Did I do what I was indicted (and imprisoned) for? Of course not.

      Am I guilty? (which is a different question.) of course...I pleaded guilty to the offense. That's why plea bargains are ridiculous. You want to gamble with your life?

      But wait...there's more! Did you know your custody and sentence in the Feds can be affected not only by dismissed conduct by by conduct for which you were duly acquitted? Look up "relevant conduct" in the federal statutes and be prepared to be shocked.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    32. Re:Been there. The Feds hate geeks. by droopus · · Score: 2, Informative

      No...the life sentence would have come from seven counts of 924(c). Machine guns/silencers have a 30 year mandatory for only one count. I had seven counts on my indictment of 924(c).

      Felon in possession is 922(g). 924(c) does not require a previous felony conviction.

      And even the staff at the FCI had never seen a case like mine. Mail me if you really want to discuss. B)

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    33. Re:Been there. The Feds hate geeks. by shadowofwind · · Score: 1

      It seems you dodged the question. Pleading guilty and being guilty are of course not at all the same concept. And if the actual facts were different in some details from the story you were convicted on, that's not the same as being innocent either. To illustrate, suppose that I got convicted for murder, then pretended that I got screwed because I used a different weapon than I was accused of using.

      Of course its your own business what you did. Until you want to use your story to make a point about the corruption of the justice system, then people are going to want you to be straight with them.

    34. Re:Been there. The Feds hate geeks. by Neoprofin · · Score: 1

      If there had been a person in there you'd be a murderer, maybe you shouldn't shoot at other people's things.

    35. Re:Been there. The Feds hate geeks. by shadowofwind · · Score: 1

      Pleading guilty and being guilty are of course not at all the same concept.

      Or rather I should say that they are only partially the same concept, and pretty much everyone understands the difference.

    36. Re:Been there. The Feds hate geeks. by Neoprofin · · Score: 1

      Or! They give people who are guilty, know they're guilty, have no interest in a long drawn out ordeal and just want to be done with the whole thing a way to meet up with a legal system that would rather not spend the money to punish people when they can just reach a mutually beneficial agreement.

    37. Re:Been there. The Feds hate geeks. by Archangel+Michael · · Score: 1

      The Feds can get you anytime you want ...

      The Average Person Commits Three Felonies a Day"

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    38. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Hmm, sorry I guess I was unclear. My bad.

      Did I commit the offenses for which I was indicted? No, I did not.

      But I plead guilty of one count to avoid a life sentence. Therefore, in the eyes of the law, I am as guilty as if a jury decided I was. My point: plea bargaining on grossly overindicted cases is insanely unfair. Basically, I am now a convicted felon, even though I actually committed no crime.

      Better?

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    39. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      Is it true that it only hurts the first time?

    40. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      I personally would have rolled the dice, because 5 years or life would have made no difference to me. I'd have committed suicide before I allowed myself to be sentenced to doing that kind of time in prison. I honestly don't know how you managed to pull it off and still have any sanity left. At least you made it out alive.

    41. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      I have much sympathy for you and concur that law enforcement and prosecution are out of control in the USA.

      On the other hand, does being a "geek" really have anything to do with it? Books like the ones mentioned in this post detail stories like yours happening to people from all walks of life. Your story is compelling enough without the added (and dubious) geek victimhood.

    42. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      I didn't think that the cause was hatred by Feds. I'd heard that the root cause was Subutex causing delusions.

    43. Re:Been there. The Feds hate geeks. by Splab · · Score: 2, Informative

      I don't know parent, but I sure as hell can relate to what he is saying.

      US federal law is a joke, there are so many obscure laws that even lawenforcement don't know them all. This is exactly for the reason GP stated, if the feds want you they can hit you with the strangest of interstate crimes. Don't believe me, well let me enlighten you:

      http://www.youtube.com/watch?v=6wXkI4t7nuc

    44. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      faced life for 18 USC 844(i) and 18 USC 924(c)

      Wait, so you threw illegally imported explosives/fireworks into a port-a-potty?

    45. Re:Been there. The Feds hate geeks. by Nyder · · Score: 1

      The feds hate geeks, unless we work for them.

      Feds hate everything they don't understand.

      --
      Be seeing you...
    46. Re:Been there. The Feds hate geeks. by Pence128 · · Score: 1

      Am I reading this (924(c)) right? if you knock over a bench, you get a night at the station to sober up, but because you had a gun in your pocket, you get a minimum of 5 years?

      --
      404: sig not found.
    47. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      What's so "long drawn out" in going to a court and say 'I did it'?

    48. Re:Been there. The Feds hate geeks. by AlexiaDeath · · Score: 1

      So you attached a rifle target to a portable toilet and shot at it seven times in a relatively safe area? I can understand why people can get upset about that, but fair would have been a revoked gun license and a hefty fine IMHO. Around here you can get drunk, drive, kill a kid and injure another and you'd get the same. 5 years prison time for an offense like that sounds unbelievably stupid. IS your prison industry something of a for profit company or something that locking up for stupid offenses is so popular? Its damaging to the society even. Criminalizing people for occasional stupidity creates problems at every level of society.

    49. Re:Been there. The Feds hate geeks. by L4t3r4lu5 · · Score: 1

      You are the Übermensch.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    50. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      You're tougher than you think. Fed prison is nothing like the propaganda on tv...it's really just tedious and boring, and for a geek the worst thing is no computers. You'd survive...I did.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    51. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Well, the offense must be federal, but yes. Let's say you have
      an argument with a DEA agent over a parking spot and smack him in the mouth. If he charges you with assaulting a fed agent, and you happen to be carrying a legal pistol, you could have 924(c) added. Technically.

      And that is why rapper TI is a stone rat. 12 months for machine guns and silencers? Rat!

      The law has nothing to do with justice.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    52. Re:Been there. The Feds hate geeks. by zoloto · · Score: 1

      I don't often wonder where many people who are/were regulars go when they suddenly disappear but your username IS familiar and your comment history definitely checks out. My dislike for government keeps growing with all the bullshit I hear. I hope you didn't lose too much of your humanity in that place.

    53. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      No. Every time I smack you in the mouth it will most definitely hurt.

      Stop believing tv propaganda. That shit does not happen in the Feds.

      Once again, another example of why jury pools are as shallow as trailer park gene pools.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    54. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      Read the posts. He was accused, he did not do it.

    55. Re:Been there. The Feds hate geeks. by DNS-and-BIND · · Score: 1

      Funny, I know a guy who got railroaded by the Ph3ds and spent a couple years in the pen. He was a total contrarian prick who liked to fuck with people and then laugh about how stupid they were afterwards. I did a lot of the same shit he did, hung out with the same people, and I never got busted. He did time because (1) he just HAD to fuck with a former employer, just to show them how stupid they were and (2) turns out the company were even bigger assholes and liars than he was. Did something like 19 months inside and then later got the charges overturned because they were bullshit. But Itellyawhut, everyone at the old company was chuckling up their sleeves at the prick who got his comeuppance. Not saying this applies in any way to your case, of course.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    56. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      Your story highlights four of the five most important reasons why I would never want to live in the US:
      - Plea bargains
      - Mandatory minimum sentences (I did not even know they existed)
      - Jury trials
      - Massive corruption at virtually all levels in the executive branch

      The fifth reason, which fortunately does not concern your case, is of course capital punishment, which is especially scary considering the four factors above.

    57. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      Reading the laws he posted, he would only get "many years" if someone was injured during the destruction of property, and life imprisonment only if someone was killed. Furthermore, he was charged with possession of a firearm during the crime.

      If we are to suppose that this charge was for the destruction of a toilet and that life imprisonment was suggested, that the crime involved the destruction of a toilet resulting in the death of a person, whereupon the suspect processed (possibly used) a firearm. Perhaps they believed he shot a bullet through a toilet, killing someone inside? Perhaps it was a Jack-ass style stunt, resulting in a death, while having a shotgun in the backseat of his car. Yes, they can really rack up charges in very unfair ways. Almost any combination of events I can imagine from *only* these two laws, in my opinion, should only be 20-40 years, not life, but they're serious moral charges, nonetheless.

    58. Re:Been there. The Feds hate geeks. by JohnnyDoh · · Score: 0

      So you set fire to a porta-potty on an Interstate Highway while carrying a gun?

    59. Re:Been there. The Feds hate geeks. by shadowofwind · · Score: 1

      I actually committed no crime.

      Better?

      Based on what I've seen of how the system works, that sounds entirely plausible.

      Of the people in my life who at first appeared to have been screwed over by the system, all eventually proved unwilling to face their problems honestly, and would mislead by leaving out important details when telling their stories. Things ended badly for at least one of these people, and I worry about the others.

      I was completely innocent when I was arrested a few years ago, for alledgedly stealing something that the accusor valued at $60. It cost me $3500 and (indirectly) my job, though of course that's nothing compared to 5 years of relative freedom. I went for a jury trial, since 12 people seemed safer than trusting one judge, particularly if the judge was the same one that wrote the arrest warrant. Also, even if a jury is mostly stupid it only takes one guy to acquit, if he has the spine to stand up to the other 11. (Does anyone have any backbone any more?) Eventually, in my case, the prosecution just threw in the towel. Obviously I had a lot less at stake then you. I might still have fought it even with my whole life at stake, rather than plead guilty to something I didn't do. Though that would have depended on how strong the phoney case looked, and I would have had to take my wife and kids into account. As it was, I had evidence of my innocence.

      For myself, I figure I deserved what happened in the sense that my government surveillance technology R&D job at the time was in my view considerably more immoral than what I was accused of doing. So I took it as impetus to try to find something better. It remains to be seen whether I'll have any success with that, since I live in Ohio and it seems most of the manufacturing economy has been shipped overseas. This month I'm not even working.

      I would imagine you've got a pretty high hill to climb in that regard, since even without the felony conviction, just being 5 years behind in technology is almost a career death sentence. And, as I have found out in the past, once you've worked for a high salary people usually won't even hire you for low-wage jobs, since you don't fit the mold any more. I wish you the best.

    60. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      "Read the posts. The convicted felon just off a 5 year stint in federal prison was accused, pled guilty and claims he didn't do it."

      Fixed that for you and a free piece of advice, don't start in on a prison pen-pal program. Your BS detector needs a tune-up. I wasn't there and neither were you but I'm not going to take the one-sided story from a stranger on the internet as gospel.

    61. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      Funnily enough, I actually considered that. Had my daughter log in once a month. B)

      Wait, so you shared your password?

    62. Re:Been there. The Feds hate geeks. by DaveV1.0 · · Score: 1

      If the event never took place, then no crime occurred, therefore you should have had a great case so pleading guilty was stupid on your part.

      The fact that you think only stupid people serve on juries shows your arrogance and disrespect. Some people serve on juries because it is there civic duty, something with which you are obviously unacquainted.

      Stop blaming other people and the system for your shortcomings as a human being and a citizen.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    63. Re:Been there. The Feds hate geeks. by Frank+T.+Lofaro+Jr. · · Score: 1

      How did you survive in there?!

      My impression is that any geek in prison would be brutalized at best.

      --
      Just because it CAN be done, doesn't mean it should!
    64. Re:Been there. The Feds hate geeks. by fulldecent · · Score: 1

      why not be detailed?

      --

      -- I was raised on the command line, bitch

    65. Re:Been there. The Feds hate geeks. by Joe+Snipe · · Score: 1

      How do I mail you?

      --
      Sometimes, life itself is sarcasm...
    66. Re:Been there. The Feds hate geeks. by Theoboley · · Score: 1

      or go to trial, have the feds plant/conjure up some cockamamie evidence, and be put in jail for the rest of your life... yea that's an alternative...

      --
      Stupidity only gets you so far, then you've gotta try
    67. Re:Been there. The Feds hate geeks. by Theoboley · · Score: 1

      IIRC, my father told me a similar story of when he was younger, and out hunting pheasant with a friend of his.

      After long hours of no birds to be shot, either he or his friend got a little triggerhappy, and took aim at a shitter, deep in the woods. the owner was close by and nearly pressed charges. Luckily he didnt.

      Moral of story - Don't shoot the shit.

      --
      Stupidity only gets you so far, then you've gotta try
    68. Re:Been there. The Feds hate geeks. by DaveV1.0 · · Score: 1

      Here, I think you dropped your tin foil hat.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    69. Re:Been there. The Feds hate geeks. by Theoboley · · Score: 1

      Why Thank you, I knew it felt awful windy here with out it.

      --
      Stupidity only gets you so far, then you've gotta try
    70. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      More on this, my girlfriend IS a federal/state criminal defense attorney (in San Francisco County to boot) and she points out that prospective jurors are actually smarter/better educated than the average person of the municipality, as just getting to jury duty weeds out the truly incompetent. In SF it's really hard to get off a jury, as the attorneys save their challenges for the truly extreme and the judges don't like to exclude anyone, for anything.

    71. Re:Been there. The Feds hate geeks. by gerwalk · · Score: 1

      I think you've conclusively proven that the Feds hate people blowing stuff up (by the way, was this on Federal land? Who owned the port-a-potty?)

      How does your being a media consultant affect firearms violations? And how does this lead to your conclusion that the "feds hate geeks"?

    72. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Cause the car wash vacuum is way too powerful and they never clean my ashtrays properly. And they skimp on the ArmorAll. And I should pay $150 for that?

      B)

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    73. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      The charges and the character assasination were ALL bullshit.

      No they weren't. By your own words you were a drug addict who lost control of themselves and used tannerite on at least one piece of property that you did not own. Not just "took a plea" you made actual statements about yourself. You admitted to the charges and assasinated your own character. This doesn't sound like an innocently targeted man at all, can you refute any of this? I am not intentionally being derisive; rather I hope you would respond with a statement to exonerate you of this all, be it hearsay or otherwise.

      See also this. Did you not consent to be interviewed? You even posted a review of the book this excerpt is from on slashdot!

      and what about this? Of course the statements that your anger and gun issues were escalating is pure hearsay; who knows what kind of person you are? But you really glossed over the use of tannerite didn't you? That's WAY more serious than you made it sound. Another article here

      Sadly, I agree with everything you say about our overly intrusive gov't and the erosion of out rights, so it's unfortunate that your case doesn't back up those positions. By attempting to be an example of a problem, you are supporting their cause. Please stop.

      More here and here. You'll want to read the last couple of comments on this one, bruce. The posters sound like old friends of yours that want to get back into contact with you. This guy too.

    74. Re:Been there. The Feds hate geeks. by Fnkmaster · · Score: 1

      Okay, Mr. AC, I see your points. However, you could at least indicate who you are rather than post AC since clearly you know who droopus is and you are outing him. I am a disinterested party who just started posting in this little thread, I don't know the guy or know whether he was guilty or not.

      What seems clear is that there was more that went on than just target practice in the woods that happened to damage an old port-o-potty. That may be what droopus was actually charged with, but it sounds like there was a string of incidents that included some inhabited buildings and some abandoned structures that were used as target practice with explosive targets.

      It sounds like the direct evidence tying Mr. Forest to the series of explosions was really weak. The only thing the stories say is that police stopped him while he was driving fast near the site of a reported explosion (they say "speeding away from", but that's an opinion, not a factual description of what happened). And that the guy had guns with him, and lots of guns at his house, all of which he possessed legally.

      So... a very weak, circumstantial case, for an infraction that while not murder or even assault was a bit more serious than just shooting up a single port-a-potty while doing some target practice in the woods, which would really be vandalism at most.

      But... if you read a bit about what the guy did and think about the type of people he must have pissed off in the process in the piracy scene AND on the Federal law enforcement side, you can see why he might have been a bit paranoid and started carrying guns around. Trying to play at double agent isn't something most of us are cut out for, and it sounds like this guy found that out the hard way.

      Back in the day, i.e. the early 1990s, I used to hang out at the 2600 meetings in New York and mingle with some of the mixed lot of colorful characters in that scene. I did something, and I'll never know quite what, to piss off some people involved in running a warez group, and they stalked (both electronically, via phone and email, and physically) and scared the shit out of my 15 year old self beyond belief. I can only imagine if the offenses were real rather than imagined how you could end up with people shooting at you, and you could sit around at night with a rifle trying to protect your family.

      Posting anonymously because I really don't want anybody to associate some of that stuff that went on back in the day with me. :)

    75. Re:Been there. The Feds hate geeks. by Fnkmaster · · Score: 1

      Oops, anonymous posting fail. Oh well, nothing too secret here anyway. :)

    76. Re:Been there. The Feds hate geeks. by droopus · · Score: 1

      Sigh...again, these guys are very good at what they do. Mail me and I'll be more than happy to give you the whole, real story, with court docs if you like. I admitted nothing at any time, did not write the /. review (lasica did...), and truthfully and actually did 52 months (60 less good time) for damaging a single porta potty with a rifle target I had placed next to it. No "school." no road sign. With my work in mind, does this sound logical? Mail me.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    77. Re:Been there. The Feds hate geeks. by Neoprofin · · Score: 1

      Actually at the point I had posted I could find no posts of his which either confirmed or denied his actual commission of the crime, only that he feels the charges were trumped up. There's a difference between saying you didn't do something at all and saying that you didn't do something as bad as what they charged you with. He has in fact stated that he was shooting, with no indication as to what.

    78. Re:Been there. The Feds hate geeks. by Neoprofin · · Score: 1

      You've obviously never been to court.

      Entering a plea is interestingly enough not the first thing you do, and you clearly missed the point that this gives people an incentive not to see if they can get away with something. Simply admitting guilt is like losing at trial, getting a plea bargain before it begins means pleading guilty to a lesser offense or an agreed upon punishment.

    79. Re:Been there. The Feds hate geeks. by randyleepublic · · Score: 0

      Most criminal attorneys are in league with the the cops, the prosecutors, and the judges. If you're not someone they have a hardon for, you pay a fat fee, (gets shared around one way or the other), and get a wrist slap. If you are someone they *want*, you're fucked. There are a few, a very few, highly skilled and virtuous criminal lawyers who will do righteous battle on your behalf, but they are rare as four leaf clovers. Droopus knows. I know. The rest of you are lames.

      --
      Social Credit would solve everything...
    80. Re:Been there. The Feds hate geeks. by Joe+Snipe · · Score: 1

      how?

      --
      Sometimes, life itself is sarcasm...
    81. Re:Been there. The Feds hate geeks. by Joe+Snipe · · Score: 1

      I'm no one special, in fact I don't even know Droopus. I just did the research based on his comments. I was going to keep the whole dialog more confidential, but after a delved more into the topic I decided there wasn't a point to that. I can see why he would be paranoid, and it's completely understandable. However if you read some of the comments he made on other sites (mostly gun hobbyist forums) you see a different sort of person, was who was defiant and inflammatory. I didn't include those links because it wasn't relevant to my line of inquiry, which was why he thought he framed.

      Being a media pirate, it's understandable why he would have large amounts of thermite on hand. Being a braggart and a bit of a show off it's easy to see him getting enjoyment from blowing up stuff, and from getting away with something (just raising the stakes from piracy, really). Throw in a pattern of drug abuse and it's easy to see how he could make poor decisions that could potentially affect his future (that's kind of a broad generalization, but not outside of the realm of possibility). This is why I asked him to explain to me what actually happened. Since he is saying I can't trust the legal documentation because he was set up, I was hoping he would tell me in his words what he believed happened.

      It is a very intriguing story any way you slice it, and even outside of this piece he sounds like a very interesting man with quite a colorful and amazing life. From DJ to audio engineer to pirate to felon- Not many have a chance to live as fully as he has.

      To be frank, I don't think making and blowing up a few bombs should be an arrestable offense, provided you do it safely on your own property, and I feel that our current judicial system focuses too much on punishing people for violating the law, ands not enough focus on the intent of the law and fostering rehabilitation.

      Here are the links that attribute to his character around the time of his arrest: they are poorly threaded in most cases, these sites are very poorly laid out:

      http://newsgroups.derkeiler.com/Archive/Alt/alt.politics.bush/2006-01/msg03695.html
      http://www.lesjones.com/2003/10/17/range-report-silenced-walther-p22-22/
      http://www.therepublicansonline.com/droopus-bruce-forest-thinks-you-a-mac-address-when-you-use-a-dialup.-31832.html (see the links in the sidebar)
      http://med.nomadlife.org/2006/03/25-new-messages-in-21-topi_114296709731403372.html
      http://www.therepublicansonline.com/droopus-the-wimp-continues-make-challenges-he-cant-back-up.-29832.html
      http://www.car-groups.com/post/33200/Re:_Droopus_tries_to_weasel_away_from_his_own_words..html

      Again, these posts are not indicitive of anyhting, but they help to paint a picture of the mindset he was in at the time.

      --
      Sometimes, life itself is sarcasm...
    82. Re:Been there. The Feds hate geeks. by Castel23 · · Score: 1

      You shot a hole in a porta shitter, and they tossed you for 5 years in the can? And you were possibly facing life..? How is that justice? Were there any extenuating circumstances that led to it being ridiculously harsh? This has RAW DEAL written all over it..

    83. Re:Been there. The Feds hate geeks. by Joe+Snipe · · Score: 1

      I would love to hear your story, as I mentioned above, but I do not have your email address. You could contact me through a6565666 at hotmail if you wish, I am very intrigued by this whole matter. Obfuscated to avoid bots, obviously.

      --
      Sometimes, life itself is sarcasm...
    84. Re:Been there. The Feds hate geeks. by Anonymous Coward · · Score: 0

      It is the fact that you did consider this makes you worthy of your UID and a geek!

  21. new tag - I dont care by Gothmolly · · Score: 2, Funny

    Is there an "irrelevant california douchebag" tag we can apply to stories?

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:new tag - I dont care by Anonymous Coward · · Score: 0

      Try "gothmolly".

  22. Re:Poor jerk. by sbeckstead · · Score: 0, Flamebait

    Yes following the rules to the detriment of the entire company/city while it maybe satisfying will get you a felony count and I hope a stiff fine. It's nice to be able to follow the rules, but once your (corporate superior entity) requires you to do something even if it is against company policy you do it. Your (corporate superior entity) made the policy after all. While you and several like thinkers may believe you to be insightful you are missing the point about what point following the rules becomes a felony. He got off easy.

  23. He was an idiot by ArchieBunker · · Score: 3, Insightful

    He was given the option to hand over the passwords and walk away or face jail time. He could have handed everything over (even though it violated a contract) and it would all be forgotten. Through some misguided sense of morals or utter stupidity he chose to let it go to trial.

    Don't kid yourselves for one second, juries are stacked with wishy washy room temp IQ dullards who are easily swayed on emotional opinions. Do you think this jury had any clue what a password file or network topology was? He was portrayed as a rogue agent against the goody two shoes city and they fell for it.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:He was an idiot by Tiger4 · · Score: 4, Interesting

      Funny you should say that. The last jury I sat on, the woman sitting across from me was a programmer. Her exact words to the judge, when he asked her employment were, "I twiddle bits". He blinked, and she got a lot more formal afterward.

      By the way, she was also the first to vote to convict when we got back to the jury room. Binary logic was not working in the defendant's favor with her.

      --
      Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    2. Re:He was an idiot by Anonymous Coward · · Score: 1, Informative

      He was given the option to hand over the passwords and walk away or face jail time.

      You misspelled some words.

      I think you mean: He was given the option to commit a fellony carrying a manditory 20 year prison sentence, or to face jail time

      He still made the right choice. Given no other options, 5 years in jail is more than 4x better than 20 years in federal prison.

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

      It specifically states the CIO are to report directly to the Operational Security Manager only in such matters.
      Hi's boss and his bosses boss are NOT in that position.

      Of course I'm sure YOU would have done the 'right' thing and be in federal prison right now laughing it up, right?

    3. Re:He was an idiot by Darinbob · · Score: 1

      What baffles me is how these were the choices. It should have been a choice between handing over passwords or facing a lawsuit. Is it only because this particular employer has a team of criminal attorneys on staff that they decided to use this option? Can you imagine a generic corporation in a first world nation being able to convince law enforcement to jail an ex-employee who has stolen nothing? If there are monetary damages then you sue to recover them. If there is stolen property then you get the police involved.

    4. Re:He was an idiot by ScrewMaster · · Score: 1

      What baffles me is how these were the choices. It should have been a choice between handing over passwords or facing a lawsuit. Is it only because this particular employer has a team of criminal attorneys on staff that they decided to use this option? Can you imagine a generic corporation in a first world nation being able to convince law enforcement to jail an ex-employee who has stolen nothing? If there are monetary damages then you sue to recover them. If there is stolen property then you get the police involved.

      Ultimately, this comes down to misguided lawmakers wanting to look "tough on computer crime" to their drain-bamaged PEBKAC constituents. They've gone so far overboard that it's now possible to earn time in a Federal prison for doing one's job.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:He was an idiot by BitZtream · · Score: 1

      You do realize one of the jurors is a network admin ... right? I'm pretty sure they had someone with a clue there, but way to talk about it like you know the facts when you clearly don't have a clue.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    6. Re:He was an idiot by Anonymous Coward · · Score: 1, Insightful

      In my experience 90% of the programmers aren't smart. That's why you need tightly written specs for the software you tell them to program.

    7. Re:He was an idiot by BengalsUF · · Score: 5, Informative

      I was a juror on this case (see post way far below). I am a network engineer with thirteen years experience and a CCIE certification. All of my fellow jurors were highly educated individuals. Although none of them were fellow network engineers, they were a far cry from "wishy washy room temp IQ dullards".

      We were not swayed at all by emotional opinion, because if we were we probably would have acquitted because we all agreed that the situation Terry Childs was put in was not called for. However, the facts in the case bore out the verdict we reached.

    8. Re:He was an idiot by pembo13 · · Score: 3, Insightful

      He could have handed everything over (even though it violated a contract) and it would all be forgotten

      Or he might have been sued into bankruptcy for breaking his contract.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    9. Re:He was an idiot by KDR_11k · · Score: 2, Funny

      Programmers need specs because they don't know how your field of expertise works. Otherwise you get something geared for programmers, not for the kind of person that's supposed to use the software. There are ways to research it but they take a lot of time and can still fail.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:He was an idiot by Anonymous Coward · · Score: 0

      You misspelled some words.

      Actually, you mis-spelled some words.

      I think you mean: He was given the option to commit a fellony carrying a manditory 20 year prison sentence, or to face jail time

      I think you mean: He was given the option to commit a felony carrying a mandatory 20 year prison sentence, or to face jail time.

    11. Re:He was an idiot by Diesel+Dave · · Score: 0, Troll

      So you could recognize the injustice of the situation, and in your heart knew it was wrong to convict, but you were perfectly willing to be a part of it because the whimsical authority of the CA government is simply paramount to any sort of humanity.

      Excellent job Fuck-Wad!

      Next time instead of "following the law", try and do what is right.

    12. Re:He was an idiot by JimFive · · Score: 3, Insightful

      He was given the option to hand over the passwords and walk away or face jail time. He could have handed everything over (even though it violated a contract) and it would all be forgotten.

      Except that, as he worked for the city, violating the policy is probably also a jailable offense.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    13. Re:He was an idiot by Skyshadow · · Score: 1

      Exactly when did allowing a paranoid network admin to continue to deny access to critical city systems to anyone but himself become "right"?

      Regardless of the mitigating circumstances, Childs was still in the wrong on this one -- having dimwit managers is not an excuse for denying the rightful owners of the systems access.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    14. Re:He was an idiot by ChefInnocent · · Score: 1

      I see from other comments you are getting flamed, but modded well. I read all that you wrote on this subject, and I'm glad to see the jury was not filled with a bunch of ignorant people. Thank you for your insight into the jury room, I found it enlightening. One of your comments even implied why his bail was set so extreme. I think you are correct in that most of us knew very little of the real facts, and could only go on what information was publicly available.

      I find it a shame though, that someone like Terry Childs will get 5 years in prison for this type of crime while others who commit far more serious crimes get little or no jail time.

    15. Re:He was an idiot by BengalsUF · · Score: 2, Interesting

      Thanks. Yes there were tons of other issues involved in this matter which the press simply doesn't cover in their reports. I myself feel that five years is a rather extreme sentence for what he did, which is why I have been glad to read in news reports that they expect the judge to let him go with time served or possibly sentence him to just a few more months. He doesn't need to be kept away from the public or punished any more for what he did.

    16. Re:He was an idiot by Cramer · · Score: 2, Insightful

      About 5sec after the city let him have sole control of the network. The city is to blame as much as Childs. Where's the city's disaster recovery plan? They clearly don't have one or they'd never have any system with exactly one authorized user. He gave up his password(s) to the mayor -- the only person to whom he thought appropriate (misguided as that may be.) It should've ended right there.

      There are tons of political BS going on behind the scenes here that we will never know. Why didn't he give his password(s) to his former boss? Because he hated his boss; the entire reason he set everything up the way he did was to keep all is "moron" coworkers from messing things up. Yet, those same "morons" have been managing the network just fine since Mayor Newsom returned with the password(s), and there hasn't been any giant meltdowns. The city wants to paint him in as bad a light as possible to deflect blame from themselves; they aren't innocent in this mess either.

    17. Re:He was an idiot by 0WaitState · · Score: 4, Insightful

      Bet you one of the conditions of Childs' "release" is a prohibition on using computers for the next 5 years.

      You did what you thought right, and interpreted the judge's jury instructions as carrying the same weight as black-letter law. But they don't, and as others have pointed out the catch-all term "jury nullification" can be the right thing to do when the law is an ass, or when the prosecution has wildly overreached. Hopefully this'll be overturned on appeal, and I really would like Childs' managers and the key prosecutor's names to become as well-known as Childs. There was (and still is) plenty of blame to go around.

      As others have pointed out, if the employer did not have a police force and court system handy, this never would have become a criminal matter.

      --

      Remain calm! All is well!
    18. Re:He was an idiot by ask21900 · · Score: 0

      I have read many of your responses, and understand that under the letter of the law he was guilty. I also empathize with those who are preaching jury nullification, as I have been a victim of prosecutor over-reaching in the past as well. Personally, I have no problem being convicted of something that is fair and just. Up to five years and a felony charge in this situation would be and is, IMHO, not an acceptable verdict. However, I do not believe that he should not be convicted at all.

      This leads me to question (simply for my own curiosity): Was there a lesser charge that was included? Could have the jury found him not-guilty of the felony offense, but found him guilty of a misdemeanor?

    19. Re:He was an idiot by makomk · · Score: 1

      Yet, those same "morons" have been managing the network just fine since Mayor Newsom returned with the password(s), and there hasn't been any giant meltdowns.

      Few minor network incidents, and a major disruption to service after they entered a whole bunch of passwords into the public court record. That's with them paying a small fortune out to consultants in order to run the network, though - way more than they paid Terry Childs. (Part of the reason he was unhappy with his employees is that they were too cheap to pay for a qualified assistant for him.)

    20. Re:He was an idiot by Cramer · · Score: 1

      And you honestly think he'd accept anyone else as "qualified"? I don't.

  24. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Well then, hooray for petty passive-aggressiveness! We should all seek to be more like that.

  25. Re:Poor jerk. by dimeglio · · Score: 5, Funny

    Best way to save yourself is to use "fuckyou" or "ihavenoidea" as the main password.
    -"Terry for the 50th time: what is the password?"
    -"fuckyou"
    -"officer, arrest him."

    --
    Views expressed do not necessarily reflect those of the author.
  26. Boycott by Anonymous Coward · · Score: 3, Insightful

    Look. I know IT doesn't have a union. And I wouldn't want one as a programmer and sysadmin based one everything I've ever seen about a union. But this is the time to speak out through actions.

    Any IT professional of any competence, and with any amount of self respect needs to refuse to do business with ANYONE who services the city of SF--directly or indirectly. I will be, and will indicate as much explicitly to anyone acting for or on behalf of the city--directly or indirectly that until a full pardon and compensation is paid to Childs, and the relevant individuals are removed from office for corruption, I will not provide any professional services.

    If the relevant DA or mayor retires or resigns without reprimand and appropriate court sanctions, I will *never* provide such services.

    Yes, I know many people say Childs acted unprofessionally--that's not the point. By refusing to provide the passwords, it would have been arguably justifiable to fire him. He was arrested for refusing to provide passwords after he was already fired--not his problem any more. Had they arrested him before firing him there *might* have been an argument.

    I refuse to work for any organization that supports this. And I hope that the members of /. refuse to as well, unless or until the city releases far more compelling evidence of destructive intent than has come to light thus far.

    Of course, it's easier for me to say as I'm two states east...but I've a client or two out there.

    1. Re:Boycott by CorporateSuit · · Score: 3, Interesting

      San Francisco's mayor is one of the most prominent douchebags of recent history. There's no way he would resign unless it meant that he could become governor, senator, or president of the USA by next election. He's an animated golemn, crafted of every negative stereotype of San Francisco there is. When he had every reason to defend Child's actions, he testified against him - condemning what he knew to be an innocent man. What would an egomaniac like that have to gain from stepping down or retracting his testimony against the man when he's busy patting himself on the back for helping put away a dangerous terrorist such as Terry Childs?

      If this was 200 years ago, I'd challenge the man to a duel. "You took 5 years of an innocent man's life away because you could. Just how many innocent men have you knowingly put away for 5 years? 10 years? 20 years? How many innocent lifetimes has your sick ego cost the world? I'm sure the devil will give you a full report when you reach Hell."

      But now, in 2010, I could probably get charges filed against me just for suggesting something like that! It's those damned everchanging laws of propriety...

      --
      I am the richest astronaut ever to win the superbowl.
    2. Re:Boycott by phantomfive · · Score: 1

      CorporateSuit (1319461) says: If this was 200 years ago, I'd challenge the man to a duel. "You took 5 years of an innocent man's life away because you could. Just how many innocent men have you knowingly put away for 5 years? 10 years? 20 years? How many innocent lifetimes has your sick ego cost the world?

      Holy cow you never know what kind of people are there at the heads of corporations.

      --
      Qxe4
    3. Re:Boycott by EdgeCreeper · · Score: 1

      Holy cow you never know what kind of people are there at the heads of corporations.

      Read his sig. He is AMAZING!

      Well, maybe.

  27. Re:Poor jerk. by Cryacin · · Score: 1

    Dude, stop posting my internet banking passwords online!!!

    --
    Science advances one funeral at a time- Max Planck
  28. guilty of what? by SoupGuru · · Score: 2, Interesting

    Are we getting too hung up on the password issue? Was his refusal to divulge the passwords what he's being found guilty of?

    Or is it the fact that if he stepped in front of a bus, the city had no hope of being able to manage the network? My place of employment has "the password list" and it's known to more than one person. If the city allowed Childs to hold all the keys, they're pretty stupid. If they had a policy prohibiting that, I could understand why violating it could get you jail time.

    --
    What doesn't kill you only delays the inevitable
    1. Re:guilty of what? by phantomfive · · Score: 2, Interesting

      Or is it the fact that if he stepped in front of a bus, the city had no hope of being able to manage the network? My place of employment has "the password list" and it's known to more than one person

      That's incompetence, but he shouldn't go to jail for that. We had a sysadmin who left all the ports on the intranet open to the world, among other braindead things, and we fired him, but he didn't go to jail. You fire people for doing a bad job, you don't send them to jail. He should have been fired at worst.

      Anyway maybe being in jail will give him time to reflect and get away from the rat race crazy world for a while. And with jail capacity being what it is in California, he may get out on parole halfway or a quarter of the way through his sentence. It's been happening a lot lately.

      --
      Qxe4
    2. Re:guilty of what? by Anonymous Coward · · Score: 0

      My place of employment has "the password list" and it's known to more than one person. If the city allowed Childs to hold all the keys, they're pretty stupid.

      They are, and your place of employment isn't much better. No two people should ever, under any circumstance, share passwords. And, you're right, no one person should hold all the keys. Instead, multiple people should have accounts with necessary privileges. Each one of these accounts should have passwords known only to the owner. This way, if one person leaves, the others can still work. In addition, after that one person leaves, his account can be terminated, which prevents him from using your "password list" to access things he should no longer have access to.

    3. Re:guilty of what? by Meshach · · Score: 1

      Are we getting too hung up on the password issue? Was his refusal to divulge the passwords what he's being found guilty of? Or is it the fact that if he stepped in front of a bus, the city had no hope of being able to manage the network? My place of employment has "the password list" and it's known to more than one person. If the city allowed Childs to hold all the keys, they're pretty stupid. If they had a policy prohibiting that, I could understand why violating it could get you jail time.

      Basically he was guilty of not providing the passwords to his superiors. This is equivalent to being hired by the city to build a new stadium and then refusing to give the city the keys. I do not know what everyone is so up in arms about.

      For a proper analysis see sfgate

      --
      "Maybe this world is another planet's hell"
      Aldous Huxley
    4. Re:guilty of what? by myowntrueself · · Score: 1

      Or is it the fact that if he stepped in front of a bus, the city had no hope of being able to manage the network?

      As a system administrator I consider it part of my duties to be redundant; that I must be easily replaceable, that my knowledge is shared and that there are other people in the company who can do my job.

      When I tried to explain this to one of our 'manager' types they exclaimed 'but if you are redundant why are we hiring you?!?!?'. They were DEAD serious. I had no luck explaining this to them.

      However they were not at the top of the chain of command and were not listened to.

      I imagine that not all businesses can cope with the concept of having certain key employees being effectively 'redundant'.

      --
      In the free world the media isn't government run; the government is media run.
    5. Re:guilty of what? by Darinbob · · Score: 1

      Violating your employer's policies is not a criminal offense! Policies are not laws! Maybe you can get fired for violating policies. If you make them lose money you could get sued. But you should never face jail time over it unless there's some sort of corruption and collusion going on between your employer and law enforcement.

      But Terry Childs was NOT found guilty of failing to divulge passwords! He was found guilty of computer tampering. Which is in some ways more scary because I've seen nothing that points to computer tampering in all the reports I've read. Did they hoodwink the jury? Or is the law so broad that merely putting passwords in place while employed to do so enough to convict you of tampering?

    6. Re:guilty of what? by lennier · · Score: 1

      No two people should ever, under any circumstance, share passwords.

      Good luck implementing that policy with 'root'.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    7. Re:guilty of what? by Sycraft-fu · · Score: 1

      Well I can't find the link now but someone provided a link to their official policies, which said passwords to things like routers needed to be documented and stored. He didn't do that. Also, as the SFgate article notes, when asked for passwords he stalled and then provided bogus ones.

      That is a real big step there because it shows intent. Had he simply not handed over the passwords it could be argued he didn't understand the request, didn't think he had to comply with it, or thought he was prevented from complying with it. However that he handed over bogus passwords shows he intended to deceive his supervisors and maintain control. He seemed to understand that he needed to give them the passwords, he just didn't want to.

      It also seems like he was given ample chances. This escalated higher and higher until they finally said "You give us the passwords now, or we send you to jail." Turns out, they were not bluffing.

      Had he really been concerned with policy, this wouldn't have been a problem since there WAS a written policy covering it.

    8. Re:guilty of what? by eosp · · Score: 1
      Agree. Even if he wasn't guilty, the owners of the equipment need enough information to keep running if he gets hit by a bus, and any ethical admin would be quite willing to oblige (our typically large egos imply wanting others to view our work positively).

      Even if he wasn't convicted, he should not have ever gotten a job in IT again.

    9. Re:guilty of what? by centuren · · Score: 1

      Are we getting too hung up on the password issue? Was his refusal to divulge the passwords what he's being found guilty of?

      Or is it the fact that if he stepped in front of a bus, the city had no hope of being able to manage the network? My place of employment has "the password list" and it's known to more than one person. If the city allowed Childs to hold all the keys, they're pretty stupid. If they had a policy prohibiting that, I could understand why violating it could get you jail time.

      Basically he was guilty of not providing the passwords to his superiors. This is equivalent to being hired by the city to build a new stadium and then refusing to give the city the keys. I do not know what everyone is so up in arms about.

      I like your new stadium analogy; it's perfect. You see, if someone is paid by the city to build a new stadium then refuses to give the city the keys, they can hire a locksmith and sue the contractor for the cost incurred.

    10. Re:guilty of what? by centuren · · Score: 1

      Well I can't find the link now but someone provided a link to their official policies, which said passwords to things like routers needed to be documented and stored. He didn't do that. Also, as the SFgate article notes, when asked for passwords he stalled and then provided bogus ones.

      Official policies aren't laws. Laws are passed by elected officials, not a board of civil administrators.

      It also seems like he was given ample chances. This escalated higher and higher until they finally said "You give us the passwords now, or we send you to jail." Turns out, they were not bluffing.

      That doesn't make his arrest any more appropriate, and it's a terrible precedent that the arrest wasn't deemed illegal. The city had an insubordinate employee, and happens also to be able to arrest and prosecute people. Putting those two things together doesn't make it correct.

    11. Re:guilty of what? by Anonymous Coward · · Score: 0

      He'd already served almost two years in the county jail before he ever won his constitutional right to a speedy trial with a jury of his peers. And that trial lasted five months. His conviction means he could serve up to five years, but considering how obvious it was that the City's fucked up security policies and petty office politics were more at fault than Terry Childs, this is the best outcome for the city. If he had been acquitted, he could have sued San Francisco for millions of dollars. If the judge has half a brain, he will sentence Terry Childs to "time served" and release him immediately after the sentencing hearing.

    12. Re:guilty of what? by snowgirl · · Score: 1

      Basically he was guilty of not providing the passwords to his superiors. This is equivalent to being hired by the city to build a new stadium and then refusing to give the city the keys. I do not know what everyone is so up in arms about.

      I would like to say I agree. This individual juror, who has come out, is actually the best person we at Slashdot could ask for. He's knowledgeable about IT and computers.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  29. Epic fail by hsthompson69 · · Score: 4, Insightful

    I wonder how the guys who took over Terry's job feel now. I'd be looking for alternative employment at this point -> like maybe a ditch digger or something that just might not get you pooched by the judicial system.

    Talk about setting a dangerous precedent.

    1. Re:Epic fail by ClosedSource · · Score: 2, Interesting

      I don't know - taking a felon's job sounds like a pretty easy act to follow:

      PHB: "It took you that long? Why Terry could have done it .. Ugh never mind.

    2. Re:Epic fail by BitZtream · · Score: 1

      They probably just made a secure password list like any admin with a 1/10th of a clue, which would solve the problem instantly since the real problem is that a spoiled brat held the keys to the kingdom.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  30. Re:Poor jerk. by jd · · Score: 4, Insightful

    It was very probably being a jerk that got him convicted - people are much more likely to convict the headstrong than the guilty. I don't know if he really was guilty of anything, I've not really examined the evidence, but it's a well-documented psychological flaw of individuals that looks and personalities have a far far greater bearing on who is convicted than the actual evidence itself. There is no fix for this bug that is not worse than the bug itself.

    Even if he were guilty, his real "crime" would be being a little too uptight, perhaps being an a-hole a little too often, and maybe being a little obnoxious. Note that these are only true if he actually is guilty of something. I fail to see how a purely punitive system is going to be useful in correcting these issues, which are not uncommon amongst those with Geek Syndrome (aka Asperger's). In the same way drunk drivers are sometimes ordered to attend AA meetings, the most suitable punishment (again IF he is guilty) would be to require him to attend an Asperger's group and/or get checked-out by a pdoc for some sort of treatment regimen. (Asperger's is not, technically, treatable but CAN aggravate other problems that are.) This would be cheaper than prison, by a LONG way, be far more likely to be effective, AND would be more likely to increase his value to society (whereas prison rots skills and therefore decreases value).

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  31. Re:Poor jerk. by Tiger4 · · Score: 1

    Yep. He had a duty to perform to his employers wishes, and he failed. He knew what it meant and he did it anyway. He wasn't just an average guy that stumbled into an unguarded Big Red Button. He was a sysadmin with full understanding of how he was about toe screw up the works. Nail him.

    --
    Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
  32. This set a horrible precedence by countertrolling · · Score: 1

    Not just for IT folks, but for anybody above the level of janitor with any kind of decision making responsibility.

    --
    For justice, we must go to Don Corleone
  33. Re:Poor jerk. by AshtangiMan · · Score: 5, Insightful

    This guy was in the employ of the city government, which necessarily acts differently than a corp, which makes your analogy false. His direct bosses don't make the rules, the elected officials do. The difference is crucial. Furthermore, his following the rules was not to the detriment of the city.

  34. Re:Poor jerk. by Grishnakh · · Score: 1, Insightful

    There's a simple lesson here: don't put policy over what the police tell you to do. Yes, the police may be wrong (and probably are), but that's not your problem. Remember, the police and the government here in America are utterly corrupt, and fighting against that is futile; it's like trying to fight against corruption in the Mexican government (our governments are just as corrupt as each other; the only difference is that Mexican citizens have no illusions about their government and police being anything but corrupt, unlike Americans).

    Another simple lesson here: don't work in IT for a city or state government. There's plenty of private-sector jobs out there that pay at least as much, and the worst that can happen to you is you get fired, rather than going to pound-me-in-the-ass prison for 5 years.

  35. What are YOU going to do about it. by Muros · · Score: 2

    The guy, from what I have read, is not the most pleasant person in the world. However, again from what I have read, he was doing his job (even after being fired), and is being convicted of a crime for doing so (in a scenario where he was liable to prosecution for acting otherwise). What are the IT grunts in America going to do about this?

    1. Re:What are YOU going to do about it. by Kozar_The_Malignant · · Score: 1

      from what I have read, he was doing his job (even after being fired)

      Excuse me, but if I fire someone, I most definitely do not want them to continue doing my job that he was fired from. If they keep trying, I will have them arrested. I'm pretty sure that's the way most people deal with fired IT ex-employees.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    2. Re:What are YOU going to do about it. by centuren · · Score: 1

      The guy, from what I have read, is not the most pleasant person in the world. However, again from what I have read, he was doing his job (even after being fired), and is being convicted of a crime for doing so (in a scenario where he was liable to prosecution for acting otherwise). What are the IT grunts in America going to do about this?

      Well, I'm definitely never going to vote for Gavin Newsom in any future political aspirations he may have. Prior to his statements and actions in this specific affair, I quite liked him as a Mayor.

  36. Re:Poor jerk. by Grishnakh · · Score: 1

    This would be cheaper than prison

    Instead, California's budget crisis is going to get even worse with him in prison. I'm looking forward to the government there completely collapsing due to insolvency.

  37. Morals by Aqualung812 · · Score: 1

    but once your (corporate superior entity) requires you to do something even if it is against company policy you do it.

    I hope I never have to live in a world where people always do that. I'm quite sure I don't want to see what happens when people do what their told to do by a superior without regard to laws or morals.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    1. Re:Morals by sbeckstead · · Score: 0

      Wake up and smell the coffee, you already live there. Get off your high horse, this had nothing to do with morals.

    2. Re:Morals by kaini · · Score: 0

      at the risk of godwin, i think we already know what happens.

      --
      please restate bitrate in libraries of congress per hour.
    3. Re:Morals by Curunir_wolf · · Score: 1

      Wake up and smell the coffee, you already live there. Get off your high horse, this had nothing to do with morals.

      "... just following orders?"

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    4. Re:Morals by KDR_11k · · Score: 1

      Policy isn't necessarily laws or morals.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  38. Re:Poor jerk. by sbeckstead · · Score: 2, Insightful

    Apparently it cost the city 200,000 dollars they wouldn't have had to spend. He caused a trial that cost more money. I'd say he did quite a lot of damage to the city and I call that detrimental.

    Yes a city works slightly differently that a corp. Not much at his level.

  39. Re:Poor jerk. by sbeckstead · · Score: 1

    Yeah obviously having the opinion that he acted stupidly get's you called a troll. Go figure

  40. Re:Poor jerk. by jinushaun · · Score: 1

    I know it's a difficult concept for socially awkward nerds to understand, but people don't like know-it-all jerks. In the real world, where things aren't black and white or one and zero, it doesn't matter what the law says. It's one of those unspoken rules of social engagement that Terry Childs unfortunately never learned that lesson. It's why charismatic people are able to bend the rules.

    That doesn't mean I agree with the verdict.

  41. Re:Poor jerk. by linebackn · · Score: 2, Insightful

    -Terry for the 50th time: what is the password?"
    -"fuckyou"

    Unfortunately that may be how the conversation actually went, but without the joke. I would like to think that in a situation like that most people would say something like: "I want to help, I really do, but if I may please explain, there is a policy..."

    However real people under real stress can behave in less than rational ways. And, sadly, in the real world even a small single negative action can result in an avalanche of unpleasant reactions.

  42. The guy was a dick but... by divisionbyzero · · Score: 3, Informative

    he deserved to be fired, not go to jail. His refusal to hand-over passwords was certainly grounds for firing but it's not clear he broke the law. To a certain extent he is a victim of his own arrogance but also of the ignorance of everyone surrounding him. Maybe he was right? Maybe they all are idiots and he was better off not trusting them? In any case his obligation ended when he was fired.

    1. Re:The guy was a dick but... by Skapare · · Score: 1

      He handed over the passwords. He just waited until he could do so with someone that could be trusted and/or could be definitively determined to have the proper authority.

      --
      now we need to go OSS in diesel cars
  43. completely off-topic by toadlife · · Score: 0, Offtopic

    I noticed your sig.

    Have you noticed that all of twitter's sockpuppet accounts have suddenly gone dead.

    Do you think our beloved troll died?

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  44. He was wrong by Anonymous Coward · · Score: 4, Informative

    I'm posting anonymously, but I remember some of the folks were really spooked that he'd deleted images off devices and wiped configs so that if they were rebooted, they would no longer pass ANY traffic. The city called us to see if there was a way to recover passwords without rebooting the boxes. A tampering conviction fits.

    1. Re:He was wrong by Zaphod-AVA · · Score: 1

      Not rebooted, reset. It was a security measure to prevent someone from simply using the reset button to drop the device to factory default.

    2. Re:He was wrong by L4t3r4lu5 · · Score: 1

      ..." said Terry Childs defence counsel.

      "If part of the main switching equipment failed and had to be reset, it would fail to function without completely reconfiguring it manually. This would bring down emergency service communication most importantly, but many other networked services too." said the prosecution.

      Well, it's true, isn't it?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    3. Re:He was wrong by Anonymous Coward · · Score: 0

      deleted images off devices and wiped configs so that if they were rebooted, they would no longer pass ANY traffic

      That's sop on a high security network with distributed nodes which are not behind physical security.

      If someone steals a device that knows your network encryption keys, then they can (with work) rip the keys out of the firmware.

      In our local area the police dept has a network used for active lookups, in-car-camera backups, and redundant communications.
      If I get the keys to that network, I have full access to all of that data. ( With over 300 officers on the street, someones password is an easy guess. )
      It would take almost 1500 man-hours to change the key in every system on this network, and many of them can only be changed in person.

      With our 5-man team that's a little over 2 weeks to change everything, and we can't drop the all of the old keys until the new ones are configured.
      2 weeks is a lot of time to have a hacker in the network.

      If the power gets cut, the unit gets wiped. Period.
      If the casing gets opened, the power gets cut.
      When you go work on one, you bring a copy of the image to reload.

      Redundant batteries and a standby system allow ours to go off the grid for over a week, so it's very rare for a node to get wiped by accident.

      Our routers support multiple logins, and the top level of the login passwords are stored securely, and no-one knows them.

      If we need emergency access to the big accounts, we have to get the chief to open his safe, pull out the lockbox, and we have a locksmith cut it open because the keys were melted down.

      These guys screwed up 10 different ways but setting up the routers to wipe themselves isn't one of them.

    4. Re:He was wrong by Anonymous Coward · · Score: 0

      The consultants were afraid to reboot the routers, because he MIGHT not have saved the configuration (Note: You don't create a configuration in flash memory and then erase it, you create it in RAM and then save it if you want to). Without access, they didn't know if he had done so.

      Not saving the configuration to flash is clearly enough of a standard procedure in secure settings, that the consultants knew about it.

    5. Re:He was wrong by Anonymous Coward · · Score: 0

      That's sop on a high security network with distributed nodes which are not behind physical security.

      These boxes were behind physical security. They were locked in the data center.

      If someone steals a device that knows your network encryption keys, then they can (with work) rip the keys out of the firmware.

      Proper SOP calls for individual keys for each encrypted link, with IKE or PKI and some shared secret. None of the network in question was encrypted so your point is moot.

  45. Slandering the Jury is a God-given right. :-) by jeko · · Score: 2, Insightful

    Slandering the jury is totally appropriate. It's part of the system. They made a bad call. They made a ridiculously bad call. They made a howlingly, ridiculously bad call. Morons, one and all.

    Part of the loveliness of living in this country is that I now get to stand up and sing out like Monty Python that twelve mouth-breathing baboons -- no offense to the ACTUAL baboons in their red-butted glory, mind you -- twelve pin-headed boot-licking idiots just sent a man to prison for poor social skills.

    And it is entirely appropriate that the denizens of this board call them on it.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:Slandering the Jury is a God-given right. :-) by Anonymous Coward · · Score: 0

      I wonder about the social skills of those posting messages on slashdot...

  46. Job Offer by Anonymous Coward · · Score: 2, Interesting

    To Terry Childs,

    When you finish your sentence, I will have a position waiting for you as an administrator of our large company network. Your devotion to network security, network policy, and willingness to defend them at all costs are a valuable commodity. My company and I would be very happy to employ you in a senior technical position. I can find network experts all over the internet, but it is much harder to find those that would defend their network at risk to their own liberty. I applaud you Mr. Childs.

    1. Re:Job Offer by Anonymous Coward · · Score: 1, Insightful

      Let us know how that works out when Terry refuses to give you the passwords to your own equipment :-)

    2. Re:Job Offer by Anonymous Coward · · Score: 0

      Private enterprise, dude. Many solutions to that problem. How many sysadmins would refuse an all expenses paid conference in a Caribbean location? How many would notice a flight diversion to a different location with lax laws about aggressive persuasion? How long will you retain those passwords? Oh, and the walk back to the USA is free.

    3. Re:Job Offer by Anonymous Coward · · Score: 0

      And then what will you do when he changes the passwords on the network and refuses to give them to you?

    4. Re:Job Offer by Anonymous Coward · · Score: 0

      Please...fuck your own mouth

    5. Re:Job Offer by Anonymous Coward · · Score: 0

      To Terry Childs,

      When you finish your sentence, I will have a position waiting for you as an administrator of our large company network. Your devotion to network security, network policy, and willingness to defend them at all costs are a valuable commodity. My company and I would be very happy to employ you in a senior technical position. I can find network experts all over the internet, but it is much harder to find those that would defend their network at risk to their own liberty. I applaud you Mr. Childs.

      Posted by an Anonymous Coward.

      I don't want to have an admin working for me who won't hand over the passwords to my routers when he's downsized.

  47. Civics 101 by westlake · · Score: 1

    Remember that juries are made up of the twelve people who weren't smart enough to get out of jury duty.

    The american jury is middle age, middle class, small-C conservative.

    Mature. Responsible. Committed.

    Men and women have chosen to live up to an ideal they have taught their kids.

    They are as smart, tough, resilent and dangerous an adversary as you will ever have to face. Play them as fools and they will pound your sorry ass into the marble flooring.

    1. Re:Civics 101 by socrplayr813 · · Score: 1

      Mature. Responsible. Committed.

      Hardly. At best, it is a completely random group. The odds of them all being mature, responsible, and committed are slim. Even if they are, that doesn't mean they have enough knowledge or common sense to understand some of the more technical stuff, especially if it's not explained to them in a clear and consistent manner. Since the lawyers of either side are going to be trying to make their side look good, the odds of super clear explanations of the real issues is very unlikely.

      I'm not saying that all jurors are incompetent/stupid/whatever. I'm saying that your generalization is not accurate. Even if it were, I would not want to face that jury even as an innocent man. Maybe especially as an innocent man. I can't say I'd necessarily want an accurate representation of the population (which would include conservatives, liberals, and everything in between), but a homogeneous jury like that is much scarier to me than one that represents a dozen different points of view.

      --
      The confidence of ignorance will always overcome the indecision of knowledge.
    2. Re:Civics 101 by HeckRuler · · Score: 1

      It's like you're channeling Robert A. Heinlein's civics teacher out of Starship Troopers.

      >Middle-aged
      Sure, with the over-18 requirement, and the baby-boomers getting up there, middle-aged is a probable median.
      >Middle-class
      That would only be true if we had a uniform wealth distribution. That ain't nowhere near the case. So the median American is probably either lower-middle to low-class. Blue-collar. As the apparent trend is to exclude the informed and educated, the median juror drops even lower. It's looking like it's rare to get a single person on the jury that knows their shit when it comes to technology. Of course it largely depends on where the trial is held. This would be some fascinating data.
      >small-C conservative
      You know, that might be true. They're also big D Democrats. At least for now. Remember, we're talking about the median here. If 50%+ vote democrat, the median is democrat.

      >Mature. Responsible. Committed.
      That is a fantastically optimistic view. You have a little more faith in your fellow man then I. Remember that most of them have an IQ under 100. Most of them watch, and enjoy, Dancing with the Stars and reality TV.

      >Men and women have chosen to live up to an ideal they have taught their kids.
      Whose patriotic ass did you pull this one out of? I hope that most people TRY to live up to some sort of ideal. And it's not necessarily a good ideal. It may simple be "rich" or "full of coke". I'm not sure 50%+ even try.

      >They are as smart, tough, resilent and dangerous an adversary as you will ever have to face. Play them as fools and they will pound your sorry ass into the marble flooring.
      I'm pretty sure the bailiff will, you know, do something before that comes to pass. Perhaps you strayed off the topic for a while. But I don't think that small-C conservatives don't "pound ass" in any form. They're kinda conservative like that. At most they will get in a huff.

    3. Re:Civics 101 by Anonymous Coward · · Score: 0

      They are as smart, tough, resilent and dangerous an adversary as you will ever have to face. Play them as fools and they will pound your sorry ass into the marble flooring.

      I used to think westlake was simply a troll. Now I am beginning to think he may, in fact, be a commedian.

  48. Re:Poor jerk. by Score+Whore · · Score: 1

    His direct bosses don't make the rules, the elected officials do.

    That's pretty much untrue. Most of the regulations in running the business of the city are made by unelected employees. Same thing at the state and federal levels. Elected officials may make statute, but I'd be interested in seeing the statute that lays out the policies of IT operations. It just doesn't happen.

  49. Not Following Orders vs. Only Following Orders by HTH+NE1 · · Score: 1

    Sounds like being trapped between Not Following Orders and Only Following Orders to me.

    Borr: Commissioner, I have the sole operative remaining alive from the Bureau at the time of the experiments on Bucol Two.
    Servalan: Who is he?
    Borr: His name is Ardus, and he's an ex-officer of the Bureau.
    Servalan: Put him on the fastest scout ship available and send him here. No flight plan is to be filed.
    Borr: That's against Bureau standing orders, Commissioner.
    Servalan: Who do you think wrote those orders, Borr? I did. So do as I say, and do it *now*.
    Borr: At once, Commissioner Sleer.

    [Ardus's scout ship docks with Servalan's ship. Ardus is interviewed and betrays his recognition of Commissioner Sleer's voice as Servalan's, then disavows it. Afterwards, Servalan contacts Borr again.]

    Borr: Commissioner Sleer, is everything satisfactory?
    Servalan: When you dispatched Ardus here to me, did his pilot file a flight plan?
    Borr: No Commissioner. Everything was as you instructed.
    Servalan: They never arrived here Borr.
    Borr: But they must have done!
    Servalan: I suggest you make sure that your connection with their disappearance is never discovered. Without any records to back you up, it might be hard to explain.
    Borr: There's... no cause for concern, Commissioner. I was... very discrete.
    Servalan: I hope so. Now get me the photo print record on a scientist named Justin, a genetic engineer.
    Borr: Certainly.

    [Ardus's scout ship leaves and is blown up by mutoid at Captain's nod]
    Servalan: I want you to work out a landing plan for this ship on Bucol Two as soon as possible.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    1. Re:Not Following Orders vs. Only Following Orders by Anonymous Coward · · Score: 0

      Borr: There's... no cause for concern, Commissioner. I was... very discrete.

      Discreet.

    2. Re:Not Following Orders vs. Only Following Orders by HTH+NE1 · · Score: 1

      Borr: There's... no cause for concern, Commissioner. I was... very discrete.

      Discreet.

      Yes... unless you think he's saying he acted alone and unconnected to anyone else, which sorta fits if you stretch the definition....

      Yeah, I don't buy it either. I just blindly trusted my transcript source. I should have checked.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  50. Re:Poor jerk. by geekmansworld · · Score: 5, Interesting

    A lot of differing opinions being tossed around here.

    But, Slashdot, can we please stop accepting "fuck off" as acceptable debate discourse? And then cheerfully modding it up?

    We're adults here, I think we can debate the pros and cons of this situation intellectually without resorting to hurling epithets at eachother.

    Thank you in advance for not modding me "Troll" and "Offtopic".

  51. This goes beyond the pale. by sapacious · · Score: 0

    What this mad did was act ethically, with very rare conviction. From what I can gather he was then victimized by just about every part involved due to their ignorance. I love my country, yet every day brings me closer to expatriation. I suppose living in a mad world is nothing new.

    1. Re:This goes beyond the pale. by mschuyler · · Score: 1

      Where would you go? Is there any country in the world where a citizen is treated fairly and reasonably by his government or the legal system? I'm loathe to think of one.

      --
      How about a moderation of -1 pedantic.
    2. Re:This goes beyond the pale. by eosp · · Score: 1

      I'd call him unethical for not ensuring that the passwords were documented. What if he got hit by a bus and died? Then his replacements would be toast.

  52. Ramifications by Concern · · Score: 5, Insightful

    There is just no way around it, no matter how big a douche your employer is, or how wrong or unfair you think it is, or how big a mistake they are making... withholding your employers' passwords will land you in jail.

    Some may work up some emotion over this, but I don't think this will really be a surprise to many people.

    Here's a hint; when you end up in a room with the cops and a lot of your management, fine, ask for your lawyer, but don't plan on using that same management's written policy against them. They are management - they wrote the policy. They're telling you their new policy. Verbally. In no uncertain terms. With the cops present.

    You cannot lock your customers out of their equipment. This is not a legal theory our society will ever adopt, nor should it. Imagine if the courts agreed that IT staff has discretion to withhold their customers' own passwords. "They weren't smart enough to have it." "They asked for it the wrong way." "They once had a written policy that I shouldn't tell them."

    OK, so no one can ever fire you. When can't you come up with an excuse to lock the equipment and walk off? Imagine if the courts blessed it! You could pull that burn off and coast, untouchable. Yeah, that philosophy really has legs.

    You: "Give me the password."
    Your employee: "No."
    You: "You're violating my policy - I need the password."
    Your employee: "I disagree. I have my own interpretation of your policy."
    You: "You're fired."
    Your former employee: "Great, now I definitely won't give you the password."
    You: "Obviously I'm not paying you to refuse to do what I'm asking. But you still have my passwords."
    Your former employee: "Fine, but since you're not paying me, I'm not your slave. You can't force me to perform."

    Hear that sound? It's the eyes of every slave who ever lived rolling back in their heads.

    Think about it. Childs could, if he truly was motivated by fear of violating a policy, have called his lawyer into the room, to say: "no problem, we'll give you the passwords, we just need you to release us from liability for disclosing those passwords, one pager, sign here..." He didn't, because this was about ego, not policy. He just didn't want to have to cave and do what they said. He's not the first - many an outsized ego has landed its owner in prison.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:Ramifications by mysidia · · Score: 1

      OK, so no one can ever fire you. When can't you come up with an excuse to lock the equipment and walk off?

      Software vendors do this all the time. In the form of locking your data (and not providing any way for you to export it to an interoperable file format)

    2. Re:Ramifications by Concern · · Score: 2, Insightful

      This is not as common or as comparable as you imply, and to the degree it is at all, it is every bit as fucked.

      --
      Tired of Political Trolls? Opt Out!
    3. Re:Ramifications by Anonymous Coward · · Score: 0

      Think about it. Childs could, if he truly was motivated by fear of violating a policy, have called his lawyer into the room, to say: "no problem, we'll give you the passwords, we just need you to release us from liability for disclosing those passwords, one pager, sign here..." He didn't, because this was about ego, not policy. He just didn't want to have to cave and do what they said. He's not the first - many an outsized ego has landed its owner in prison.

      ++ insightful

    4. Re:Ramifications by Toonol · · Score: 1

      Best and most insightful summation of the situation I've seen on slashdot. Childs seemingly put petty ego over the choice of finding a reasonable solution. It doesn't surprise me that many slashdotters agree with him; but I would never hire anybody that did.

    5. Re:Ramifications by ObsessiveMathsFreak · · Score: 5, Interesting

      You: "Give me the password."
      Your employee: "No."

      Lets try this from the other persepective:

      Your Employer: Give me the password.
      You: But you told me I'd be liable for anything that happens if I give it to you.
      Your Employer: Give me the password!!
      You: No. I don't want to be liable.
      Your Employer: You're fired!!!
      You: Fine.
      Your Employer: Give me the password!!!!
      You: I don't work for you anymore. And I still don't want to be liable.
      Your Employer: Peon!!!! I own you!!!!!! I'll grind you into dust!!!!! Lawyers! Destroy him!!!

      And they did.

      You know what the moral of this story is? Don't work for anyone.

      --
      May the Maths Be with you!
    6. Re:Ramifications by Curunir_wolf · · Score: 1

      OK, so no one can ever fire you. When can't you come up with an excuse to lock the equipment and walk off?

      Software vendors do this all the time. In the form of locking your data (and not providing any way for you to export it to an interoperable file format)

      They can only do that when you agree to it.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    7. Re:Ramifications by jim_v2000 · · Score: 1

      You're talking about business. This is city government. Managers don't make the policies in government.

      --
      Don't take life so seriously. No one makes it out alive.
    8. Re:Ramifications by Concern · · Score: 1

      You know what the moral of this story is? Don't work for anyone.

      Just be honest about your novel opinions on password ownership and liability in your job interviews, and that won't be a problem.

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    9. Re:Ramifications by Anonymous Coward · · Score: 0

      There is no mythical monolithic "employer" here, there is a municipal service,
      its busines structure, and policies for who has access to what. As far
      as we can tell, the rules said "don't give your passwords to anyone but X" and
      that is what he did.

      Here's a hint; when you end up in a room with the cops and a lot of your management, fine, ask for your lawyer, but don't plan on using that same management's written policy against them. They are management - they wrote the policy. They're telling you their new policy. Verbally. In no uncertain terms.

      Who was there with him? Did they have the authority to do that? Again, not a monolithic organization, there are things your boss can't ask you for, enshrined in policy.

      You: "Give me the password."
      Your employee: "No."
      You: "You're violating my policy - I need the password."

      Which policy am I gonna follow, the one everybody has to follow including you,
      or the one you just made up on the spot verbally, with no authority to do so? Let's try this again:

      You: "Give me the password."
      Your employee: "No. You'r not authorized. Only X is authorized, you know that."
      You: "Here's X."
      Your employee gives up the password.

      Was that so hard?

      You: "Obviously I'm not paying you to refuse to do what I'm asking. But you still have my passwords."

      They aren't your passwords, and you are not paying me. You can't order
      me to give you things you aren't authorized to have, if you want it, follow the rules.

      Think about it. Childs could, if he truly was motivated by fear of violating a policy, have called his lawyer into the room, to say: "no problem, we'll give you the passwords, we just need you to release us from liability for disclosing those passwords, one pager, sign here..." He didn't, because this was about ego, not policy.

      Yeah, I agree with you there, he should have done that. Maybe
      he was legitimately concerned they would fuck up the network, which seems possible considering how they did
      actually start fucking things up in his absence. Maybe he had bad or no legal counsel at the time,
      and didn't realize he could be held liable for that. Remember that the charges against him were
      trumped up, no damage was done or services restricted, they just at the time could not administer
      the network if anything DID go wrong, which it didn't until they decided to fuck with things.

      Why didn't they just follow their own fucking policy?
      This is what policies are FOR, so there is accountability and security, and precisely so
      bosses are NOT ordering people to do things contrary to the interest of the organization.
      Your argument is a straw man unless we were talking about a sole proprietorship and all authority is with the owner (it's not,)
      his direct superiors were authorized to receive the information they were asking for (they didn't,)
      or the policy was changed by someone with the authority to do so (it wasn't.) See, if he didn't follow the rules, of course he'd be fired. In this case, it appears he was fired for following the rules. That is why I think this is bullshit, and that you are wrong. Of course he's entitled to his interpretation, if he were not, there wouldn't be a rule for everybody that said you aren't allowed to give passwords to your boss. There were shenanigans, they fucked up, and they pinned it on him to conceal that fuckup. I want to see a transcript of that court case.

    10. Re:Ramifications by Concern · · Score: 1

      So? If you buy that nonsense that no one in the room was really empowered to ask for the passwords - which is likely a load of crap, by the way - just get a lawyer. If you're really so scared, negotiate like an adult, with proper representation. Get a release from liability in exchange for the passwords.

      That's as opposed to not doing that. Plus handing over a fake password just to fuck with them, I believe?

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    11. Re:Ramifications by Anonymous Coward · · Score: 1, Insightful

      You speak truth but...you're really being...deceptive about it.

      Worse than that, you're being technically unreasonable while acting under the guise of being socially reasonable. I realize people consider IT socially inept--but you can't have your cake and eat it too here. And I'm someone that advocates *ignoring* policy when it's not reasonable. The problem with most policies is they aren't flexible--you have to ignore them to get things done, which causes lack of respect for the policy and recurses from there. But the SF policy was well written in a lot of ways--it provided a means for overriding it that was available to management, which they ignored until it outright did damage to their system.

      Yes, you can't use policy to cite refusal to change policy justifiably. But you can and shouldn't deviate it just because someone asks you to--even if they're your boss. Especially--if your boss is not the person responsible for change of said policy. I only report to one person period in my present position--but in previous jobs, my boss wrote many policies--but *not* for example...the password policy. If they asked me to change it or override it, I could have (and should have) been fired if I listened to the request. In this case, it's not clear that his supervisor reasonably could have been interpreted as having the authority to edit that. Childs named the conditions--which were readily available to the city--and the city refused to attempt them.

      Secondly--passwords do not belong to your employer, they belong to you. It's his employers access and his employers system. It's a quibble--but it's incredibly relevant. In your example, it is NOT your password. It is your access.

      As a professional, you *should* understand the difference. You own the computer--not the identity, authentication, or authorization. You should not confuse the three, as this just encourages further misunderstandings.

      I've got at least 150 passwords to remember. I use a password safe, but a few are dual purposed. I'm not handing my schema out to anyone. If someone needs access--I will be happy to reset the password for them, for any reason--provided I may do so from a secure, well connected terminal. If for some reason the system in question does not permit multiple administrative accounts--If they fire me--they're SOL unless they want to sign a 4 hour contract which will grant me authorization to deliver the access mechanisms for the system. There *are* other ways to restore access, which should be used if that is not acceptable.

      This is NOT egocentric--this is basic self protection--and the only responsible thing to do professionally while functioning realistically. SHORT of generating a unique password for every single system, keeping them in a password safe, and turning over only that password. Unfortunately--that technical need often severely interferes with your primary job--getting things done as a sysadmin--I consider it unrealistic. Unfortunately most systems I need passwords for *won't* let me use a private key to authenticate. Or would you claim I should turn that over to employers too? Maybe I should give them the passphrase to my ssh keychain while I'm at it since that would be easier than having to physically plug RS232 into the router and thus demonstrating physical control of the hardware and access to the cabinet key?

      Refusing to turn over a password protects not only accountability, but yourself, and the would-be recipient of the password. Had Childs turned over the password, he almost certainly would be *worse* off, as it likely would have resulted in damages to the system. And the people in charge would not have known the difference between whether he caused them, or they did.

      My job is to run systems--not accept liability for the incompetence of my replacement, or management. My password is the second part of my access token in many--the other part being a username. On a well engineered system it will be a keyfob or private key validation.

    12. Re:Ramifications by mysidia · · Score: 1

      They can only do that when you agree to it.

      Oh?

      What about when exporting or interoperability is a feature in the original version, and the function is quietly disabled in an automatic update to the software that changes the data format at the same time significant features are added ?

    13. Re:Ramifications by Anonymous Coward · · Score: 0

      Yeah, OK sure. If you can tell me the names and titles of the people who wrote that policy, the names and titles of the people who approved it, and the names and titles of the people who were authorized to either have the passwords or change the policy, and explain how none of them were in the room when Childs was asked for the password, I might believe you.

      But you can't. You don't know any of that - you're just assuming. You'd have to look that up now. You probably don't even know where to look it up.

      This shows why you're arguing - you're sucked into the same emotional nonsense that he was. Hopefully you can still learn from this and skip letting your own ego land you in prison.

      PS, as you point out, even if this wasn't the case - you know he was crazy because he didn't do what any sane person would do. Lawyer up. That negotiation is not rocket science. PS, also do not give fake bullshit passwords, which I believe he also did?

      You've got to be kidding me.

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

      Yes and the jerks at the city had a lot of their own ego issues for not wanting to swallow up the mistakes they made in policy - so big in fact that they are destroying a man's life. Whose the bigger jerk on this one?

    15. Re:Ramifications by jedidiah · · Score: 2, Insightful

      This has nothing to do with "ego" and everything to do with professionalism.

      Sometimes doing the right thing means not "being nice" or being "expedient". This is the whole point of having professionals. They are supposed to stand by their professional judgement and not let stupid things happen just because ignorant people are whining at them.

      Far too many professionals in general "pander" to the ignorant these days. It drags down every profession it infests.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    16. Re:Ramifications by Curunir_wolf · · Score: 1

      They can only do that when you agree to it.

      Oh?

      What about when exporting or interoperability is a feature in the original version, and the function is quietly disabled in an automatic update to the software that changes the data format at the same time significant features are added ?

      Yea, I know. All that fine-print legalize is really a pain to try to dig through. Hardly worth it at all. Just click "Agree" and move on.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    17. Re:Ramifications by Anonymous Coward · · Score: 0

      My point is, you're assuming too. You assumed that contrary to his position, all he had to do was hand over the passwords to the people in front of him. That possibly could have opened him up to at least civil liability as well.

    18. Re:Ramifications by Anonymous Coward · · Score: 0

      Not at all. Unlike you, I assume nothing. Yes, that whole civil liability line is a joke, but I don't have to assume that - since I point out how he still did the wrong thing even if it wasn't.

    19. Re:Ramifications by Anonymous Coward · · Score: 0

      You mean like "I'll obey the password policy and only give them to authorized people"?? I'm pretty sure any prospective employer will like that.

    20. Re:Ramifications by celle · · Score: 1

      The managements' egos blew it first by firing him not understanding what he had control of. They have access to the hardware and could reset it at any time. Childs was caught in a catch-22 and they knew it. Besides requesting calling his lawyer doesn't mean they'd let him.

    21. Re:Ramifications by WolfWalker545 · · Score: 0, Offtopic

      No, being professional means knowing that the customer ultimately makes the final call. You can advise them until your face turns blue, but ultimately, they get to decide what they're going to do. I've worked many long hours and torn out lots of hair over situations where upper management ignored my team's advice and it bit us, but that's the breaks. Don't like it, run your own company using your own hardware and you can make the rules how you like. If you're administering somebody else's hardware, the administrative passwords belong to them. Terry Childs wasn't being professional, he was letting his ego get in the way of professionalism. He was so proud of his network design that he copyrighted it. He didn't trust his management not to screw up his baby, he was on call 24x7x365, nobody else had access. That's not professionalism. Professionalism is recognizing that redundancy is good and single points of failure are bad - including the administrator. If the current passwords go in a sealed envelope in the administrative assistant's safe every month, at least that way the company or department has a possibility of bringing someone in if you get hit by a bus or win the lottery and quit suddenly (and I HAVE, in the past six months, taken over a SAN where the totality of the turnover from the outgoing administrator was a list of switches, arrays, and storage controllers and the usernames/passwords to control them, ZERO documentation, with equipment I'd never worked with before, he turned in his notice on Monday of Thanksgiving week just before going on vacation for the remainder of the week, so there was one week for him to turn over all of his projects and environments he was working on to multiple groups). My boss isn't a system or storage administrator - but he has the required passwords to get in, even if it means he has to call a consulting company to come in and handle things until I'm replaced. I'm not afraid of losing my job - I bring needed skills to the job, I do quality work, I get along with my team members, and I also get along with the client management and they have confidence in my abilities. I've been with the same team less than a year and my contributions have allowed us to go from purely managing the operating systems for the client to managing the OS's, the hardware (including partitioning and virtualization), and the SAN, increasing the contract value.

    22. Re:Ramifications by Anonymous Coward · · Score: 0

      You cannot lock your customers out of their equipment. This is not a legal theory our society will ever adopt, nor should it. Imagine if the courts agreed that IT staff has discretion to withhold their customers' own passwords. "They weren't smart enough to have it." "They asked for it the wrong way." "They once had a written policy that I shouldn't tell them."

      Some points on that:
      1) Best I could do is give them their password's hashes.
      2) They lock them out themselves often enough. But as they aren't politicians they are smart enough to ask for the why and learn to avoid that situation the next time. They expect to be locked out from their computer if they do something dumb.
      3) Locking them out isn't the problem with reasonable non-ITs. Locking them out is a problem with IT (It isn't a good idea to develop kernel modules on a live server.) or stubborn management (I am calling from an internet cafe in paraguay. They say they don't support the protocol (https:). Can you change it so I can log into the web forms from here?) You can fight stubborn IT with your management, but in case you can't convince your management it is better to give them a warning and move on (Despite the management connections many new bosses like to feel smarter than the old boss.).

    23. Re:Ramifications by centuren · · Score: 1

      This has nothing to do with "ego" or "professionalism". The only important issue here is stretching a criminal charge of "computer tampering" to deal with an insubordinate employee. I'd like to see the detailed explanation of 1) exactly how he is guilty of criminal computer tampering without a loose application of the charge, and 2) how much of that was evident at the time he was arrested. Barring that, I'd like to see at least the DA's resignation.

    24. Re:Ramifications by centuren · · Score: 1

      You're talking about business. This is city government. Managers don't make the policies in government.

      It's also worth pointing out that while laws can produce policy, city administrative policies don't produce laws.

    25. Re:Ramifications by daffmeister · · Score: 1

      "They are management - they wrote the policy. They're telling you their new policy."

      My understanding is that the one's asking for the passwords, his direct superior, did not write the policy, and did not have authority to change it.

    26. Re:Ramifications by jimicus · · Score: 1

      Rules are for the guidance of wise men and the obedience of fools. - Douglas Bader.

      And Bader was right. In this case, the wise man would have followed the policy until such time as it became obvious that continuing to follow it was dangerous (and frankly, it was pretty damn obvious that it was long before Childs was found guilty), and at that point made some effort to find a way of breaking policy without being held liable for it - if necessary, by getting your lawyer to draft something releasing you from liability.

      Come on, most of us on /. are professionals in some capacity. How many times have you seen someone make things worse for themselves because they thought they knew what they were doing? How many times have you said "Why didn't you ask me earlier?"

      I am quite certain there isn't a criminal lawyer alive who hasn't thought the same thing on a number of occasions.

    27. Re:Ramifications by Concern · · Score: 1

      I'm aware that's the story his lawyer's spread.

      Here's from their rulebook:

      "In accordance with these strategies the following policy statements apply to the key areas and functions of the Security Perimeter. In all statements where the “County Authority” (CA) is mentioned, depending on the County reporting structure, this can be the CIO, CISO, CTO, CEO or COO and implies the CA or their designee(s)."

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

      Obviously he hated having to do what his boss told him enough to go to prison. But something tells me that if we go through the records of all the people who asked him for the passwords, we would find that among them were at least one person "in Information Security," or who was "CIO, CISO, CTO, CEO or COO and implies the CA or their designee(s)."

      And as I've pointed out over and over - if he was telling the truth about this legal issue being his real concern, he would have acted like most any of us would and gotten a lawyer in there. He would have just asked for them to sign a one-pager releasing him from liability in exchange for handing over the passwords, instead of acting like a dick and giving a fake password back, which is what I'm given to believe he did?

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    28. Re:Ramifications by Concern · · Score: 1

      Give it a break, dude.

      Educate yourself and then come back. I'll accept your apology then.

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    29. Re:Ramifications by Concern · · Score: 1

      TL;DR. Educate yourself and then come back. We can try again.

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    30. Re:Ramifications by Concern · · Score: 1

      Wow, almost nothing you said was true or made sense. It would have cost $200k resetting hardware all over the city's plant. They didn't kidnap the guy or deny him his rights, and no one suggested otherwise. And when you are management you can have whatever ego you want - it doesn't mean your employees can lock you out of your systems.

      I would start with some background and then come back. We can try again.

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    31. Re:Ramifications by Anonymous Coward · · Score: 0

      Same A/C. I am so thrilled to get more info.

      It doesn't change the fact that even the juror pretty much agreed giving out passwords wasn't the requirement. I don't want to argue for the sake of arguing though.

      If you TL;DR I stand by the statement--you should *not* claim he should have given out the passwords. That's dangerous. He should have provided access.

      I was extremely disappointed to see jury nullification did not occur, and *am* extremely disappointed as a citizen of the US that jury nullification was not considered.

      That stated, it appears the engr in question was competent and believed that the law was just and being appropriately applied. Looks like I was wrong.

    32. Re:Ramifications by JimFive · · Score: 1

      What should have happened:
      Boss: Give me the password for the router.
      SysAdmin: No.
      Boss: What do you mean, "No"?
      SysAdim:You're not on the list, I can't give it you.
      Boss: Who is on the list?
      SysAdmin: *gives list to Boss*
      Boss: *leaves*
      Boss: *returns with someone who is on the list*
      Listee: Give me the password for the router.
      Sysadmin: *writes on paper* Here you go.

      That this didn't happen tells me that there is something else going on. I understand that Childs had been fired by this point, and that there was a crisis going on because someone else had tried to reset the router. However, a little bit of civility (and following the rules) before calling in the goons with guns would have averted the entire mess. Or, it would have shown that Childs was willfully holding the network hostage.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    33. Re:Ramifications by Concern · · Score: 1

      I think that's what his bosses tried to do. They were not required to be polite while doing it, either. I'm betting he wasn't fired until after he'd already crossed way over the line.

      From the information coming out now, it is utterly and totally clear that Childs deserved to go to jail.

      "This jury was not made up of incompetent people. ... I myself am a network engineer with a CCIE and thirteen years experience. ... No matter what you think ... you do not have ... even 10% of ... the full story. I am confident that we reached the correct verdict.

      ...

      One of the most difficult questions for us to answer ... [was] who is an "authorized user"? ... We did ultimately determine ... beyond any reasonable doubt ... his boss' boss was an authorized user."

      ...
      ...we had to use the evidence available to us to determine who Terry Childs would reasonably believe an authorized user would be.

      To do that, we had to look through a lot of testimony, in addition to pieces of evidence which showed who he had previously determined to be "authorized users". [emphasis added] In the end it was our determination that he knew the person requesting access was authorized to have it. Like I said, this was really the hardest question for us to answer, but after examining job descriptions, job vacancy bulletins, performance appraisals, numerous emails, etc., we were able to reach the conclusion we did.

      More info here, in the words of a /. poster, and network engineer, and juror on the case.

      This leaves no room for any argument or misinterpretation. It also throws all the wilfully misinformed ego-drama here into stark relief. You really cannot lock your employers out of their equipment and expect to skate with some doubletalk and lies about the rules, no matter how much your momma spoiled you.

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    34. Re:Ramifications by Concern · · Score: 1

      Give me a break dude.

      Here, just read, from the same juror:

      It was more difficult because there is no legal definition of "authorized user", and in that case we are left to use a common sense definition of the term. That may be easy to do, but the harder part is determining who those people are, because in different companies and organizations, policies in place many time determine who they are. So now we have another problem here in that there was no formal policy or procedure in place to determine who is an "authorized user", so we had to use the evidence available to us to determine who Terry Childs would reasonably believe an authorized user would be.

      To do that, we had to look through a lot of testimony, in addition to pieces of evidence which showed who he had previously determined to be "authorized users". [emphasis added] In the end it was our determination that he knew the person requesting access was authorized to have it. Like I said, this was really the hardest question for us to answer, but after examining job descriptions, job vacancy bulletins, performance appraisals, numerous emails, etc., we were able to reach the conclusion we did.

      Terry Childs already had this knowledge (as evidenced in the emails). [emphasis added] We had to spend the time to sift through all the information to make sure we were beyond a reasonable doubt about this conclusion.

      Jury nullification? Are you on crack? He hated his bosses, they hated him, and when he caught wind of the predictable result (he was going to be canned), he snapped.

      The prosecution clearly proved beyond a shadow of a doubt that his whole rules canard was a lie and a scam. He knew his boss's boss was authorized to have the PW's, and worse, he was on record knowing that. He just refused to give him the passwords anyway, even before that final meeting, and kept right on refusing until he was fired, given an ultimatum by the cops, and then locked up. He kept demanding to see the mayor - which is not policy in any way shape or form. Why? I'm guessing in his paranoid fantasy he thought if he could badmouth his bosses to the mayor he might be vindicated.

      He belongs in prison. People do longer terms than 5 years for crimes of lower dollar value than $200k.

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    35. Re:Ramifications by Anonymous Coward · · Score: 0

      Apologies for confusion--I picked words poorly. Probably why most people don't ever reply to AC

      I *was* disappointed nullification did not occur. I am no longer, despite having reservations.

      I still wonder if the civil servant's ultimate civic duty isn't to refuse access to a set of management that was already demonstrably more dangerous to the network than he was, regardless of actual policy, or even...law. Principle of least harm, etc etc.

      As a citizen I am *always* disappointed when instructions are given that explicitly forbid nullification (but not by that name, which is enough to get arrested for contempt if you merely say the word), as it is deceptive and undermines democratic process.

      Seriously though--stop saying people should be given passwords. Grant them access.

      There's a big difference between requesting the enable on the PIX, and asking someone to change it to what you request when a new account isn't available on said system. A proper policy can obviate the difference--but it's clear this did not exist.

      The delivery of a password enables implicit masquerading of identity when more than one person uses it. It's a threat best never permitted to exist.

    36. Re:Ramifications by Anonymous Coward · · Score: 0

      You cannot lock your customers out of their equipment.

      Try telling that to Apple.

    37. Re:Ramifications by Anonymous Coward · · Score: 0

      I HAVE, in the past six months, taken over a SAN where the totality of the turnover from the outgoing administrator was a list of switches, arrays, and storage controllers and the usernames/passwords to control them, ZERO documentation, with equipment I'd never worked with before

      Sounds like you are either incompetent, or the boss is more interested in his profits that the business's ability to survive the loss of a key employee. What if he was hit by a bus instead?

      You, and SF, are essentially acting like a motorcycle driver who thinks that he's better off riding a pop-a-wheelie for the rest of his bike's life than spend the extra cash and have a front tire to go with the back one.

    38. Re:Ramifications by Anonymous Coward · · Score: 0

      And you'd deserve to be crushed, just like Terry Childs.

      Now, try this one, but i'm too lazy to bold it:

      Your Employer: Give me the password.
      You: If I give you this, it will compromise the integrity of the system I've built for you.
      Your Employer: Give me the password.
      You: Well, you're the fucking boss, so the password is [password]
      Your Employer: Thanks.

      Now, was that so hard?

  53. Re:Poor jerk. by sbeckstead · · Score: 0, Offtopic

    Karma Brought to you by Friends of Terry Childs.

  54. Are you all retarded? by Anonymous Coward · · Score: 0

    HE DID GIVE THE MAYOR THE PASSWORD. Sure it was after he was arrested, but before his trial. Did I mention his bail was $5 Million dollars? Nice being able to tell the DA, throw the book at him.

  55. Re:Poor jerk. by Omnifarious · · Score: 2, Insightful

    Oh, no, your poor behavior has caused me to hurt my fist when I punched your face in for it. I guess I'll just have to punch some more!

    The cost of prosecuting him is not to be counted against what he cost the city unless I get to charge you for hurting my fist when I punch you.

  56. Re:Poor jerk. by Tiger4 · · Score: 1

    Some people take the concept of sweat equity too seriously. They built the system (for a salary) and therefore assume it is theirs to do with as they please. Then they get mod points on slashdot and spread the joy.

    The few times I've been modded Troll usually revolve around this kind of issue.

    --
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  57. Just give him Time served and let him get out now! by Joe+The+Dragon · · Score: 1

    Just give him Time served and let him get out now!

    He can appeal as well.

    I think that he should be able to find a job in tech form people who know stuff about tech.

  58. Re:Poor jerk. by Anonymous Coward · · Score: 1, Funny

    At Idiotcorp, where I work, the password rules kept getting more and more crazy every 3 months when we had to renew them ("your password must now include 5 Cyrillic letters, an Elbonian tone-poem, 2 cave drawings" and a guitar chord) that I finally threw up my hands on total randomness and started including certain well-known curse expressions aimed the corporate IT director, whom I held in higher contempt than the rest of the Idiotcorp douchebags directors.

    It's been 2 years without repercussions (haven't been called on the carpet yet), so I guess they really do get hashed. Either that or the guys in IT feel the same way.

    ----------------

    Now this is spooky: My captcha is "audited" (swallows hard, since he's using a different browser than the corporate-mandated virus magnet)

  59. Re:Poor jerk. by sbeckstead · · Score: 1

    Ya know the stupidity of that barely deserves an answer.
    No if you assault me you can't get medical damages from me.

    But if you cause me to take legal action you can bet if I win (and believe me the city was going to win) then I'm going to take my legal fees out of your pocket book.

  60. Re:Poor jerk. by sbeckstead · · Score: 1

    Oh I've been a troll and got the deserved troll designation. But it looks automatic if you agree with the verdict on this one.

  61. Re:Poor jerk. by AshtangiMan · · Score: 1

    They didn't have to spend the money. He did not take the computers, nor did he tamper with them. They (the city) could have simply reset the passwords and moved on. Any decision to do something else was not Child's responsibility.

  62. Re:Poor jerk. by timmarhy · · Score: 1

    following a policy that makes no sense to the letter is being a jerk.

    --
    If you mod me down, I will become more powerful than you can imagine....
  63. Re:Poor jerk. by AshtangiMan · · Score: 1

    Point taken. We'd have to have access to the policies, but I would venture a guess that the law stating it is forbidden for him to give the password to his boss was in fact written by the state government. The federal government makes plenty of statutes regarding the IT laws for federal computer resources. The same is true for state governments and I'd guess local governments as well.

  64. Re:Poor jerk. by Moryath · · Score: 2, Insightful

    No if you assault me you can't get medical damages from me.

    Funny thing: illegal aliens breaking into houses HAVE sued the homeowners for such things as falling on a knife and injuring their legs. Kids screwing around on the roofs of schools have sued the school district when they, illegally trespassing, nevertheless fell through a skylight and injured themselves.

    In other words, the law is fucked up, and the fact that you can manage to empanel a jury of 12 retards who don't understand the law & policy, scare them with "wooh this was scary internets stuff", and then have a paid-off judge give the jury bad instructions doesn't help.

  65. Re:Poor jerk. by Anonymous Coward · · Score: 5, Insightful

    Fuck off

  66. Re:Poor jerk. by WeatherGod · · Score: 1

    But if you cause me to take legal action you can bet if I win (and believe me the city was going to win) then I'm going to take my legal fees out of your pocket book.

    Isn't that only possible in a civil case?

  67. You must be an engineer of some sort. by publiclurker · · Score: 1

    Lawyers hate to have engineering types on the jury. At least one side in nearly every case knows that they have squat and are going to try to BS the jury and play to their emotions. Engineering types tend to be more fact based and don't BS as easily.

  68. Re:Poor jerk. by Anonymous Coward · · Score: 0

    At least use passwords that meet decent password lengths. A password of "1fuckyou&2biteme" would be more appropriate.

  69. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Which makes his bosses, and his client, the elected representatives of the city (presumably elected by the inhabitants of the city) who have hired/appointed/designated his bosses to represent them in administrative matters they are unable directly preside over themselves.

    The analogy is the same...the only difference being a public interest vs. a private interest.

  70. Re:Poor jerk. by Toonol · · Score: 1

    You're a bit harsh, but I agree with your point. He was an employee. If he had been my employee, I would have taken legal steps against him.

  71. Re:Poor jerk. by mister_playboy · · Score: 1

    But, Slashdot, can we please stop accepting "fuck off" as acceptable debate discourse? And then cheerfully modding it up?

    You must be new here.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
  72. Re:Poor jerk. by c6gunner · · Score: 1

    Oh, no, your poor behavior has caused me to hurt my fist when I punched your face in for it. I guess I'll just have to punch some more!

    The cost of prosecuting him is not to be counted against what he cost the city unless I get to charge you for hurting my fist when I punch you.

    If you punch me because I was already attacking you, and you break your fist, you certainly CAN sure me for your medical bills. It works a bit different in a criminal trial - the government never attempts to recover the costs of your prosecution. However, that doesn't mean that the cost of the prosecution is zero, so if we're going to count all the damage he did it's certainly fair to include the legal costs.

  73. Re:Poor jerk. by Darinbob · · Score: 1

    (corporate superior entities) are not necessarily authoritative. There is no criminal law that says you have to do what your boss tells you to do, unless you're in the military. Whether or not the boss was right is irrelevant to this case I think, because he was not convicted of failing to follow orders.

    What he was convicted of is odd in itself "felony computer tampering"... What particular law is this and what are the key points that must be proven to be convicted of it? This case really shouldn't have gotten beyond being a lawsuit.

  74. I still don't get it by Dunkirk · · Score: 1

    Where I work, a dismissed employee refused to tell us what a password was. Legal action was threatened by the owner, who claimed it was theft: denying someone of something they owned. My father-in-law is a lawyer, and I asked him about that. He said that refusing to give your employer a password would be classified as "illegal control" (or something close to that), not "theft." Apparently, the laws would be less severe for this. In the end, we just worked around the problem.

    --
    Acts 17:28, "For in Him we live, and move, and have our being."
  75. Re:Poor jerk. by HTH+NE1 · · Score: 1

    There is no criminal law that says you have to do what your boss tells you to do, unless you're in the military.

    And then only if your military is on the winning side of the conflict. Consider WWII.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  76. Re:Poor jerk. by Curunir_wolf · · Score: 2, Informative

    Wish I had mod points.

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  77. Re:Poor jerk. by suso · · Score: 1

    We're adults here,

    We are? Shiiittt... [logs off]

  78. Re:Poor jerk. by DJRumpy · · Score: 1

    Yes, they did have to spend money due to his actions. TFA states they had to spend over $1 Million:

    "The city has spent nearly $1 million in efforts to regain control of the network and conduct vulnerability testing".

    That is an action any sane infrastructure group would take if after they lost control of their network.

    When the head of the security department specifically tells you to release the passwords (the folks who actually own the policy he was claiming to defend), you do as they tell you. You don't argue semantics. It is not his responsibility to judge who is skilled enough to know the passwords. It is the responsibility of his management. This talk of 'morals' and whatnot is a bit silly. If your manager asks you to kill someone (something obviously out of the scope of your managers power to dictate and immoral) you could ignore him, report him to the police, or whatnot. If he tells you to pack your bags, or to move on to a new project, then you really have no choice. There isn't some moral decision here.

    If Childs could have proven that the folks he gave these passwords to intended real harm, he might have had a case, but to prove that would be impossible without solid evidence, which he didn't have. He refused because they just weren't 'qualified' to know the passwords, in his opinion, which the court found lacking.

  79. Re:Poor jerk. by Darinbob · · Score: 1

    The only trial I was a juror on, we had some people convinced of guilt, even though a few key points did not seem to be proven. They were amazed that the rest of us did not feel the same way. At point one juror said "this guy is an idiot, even if he's not technically guilty of this he's guilty of something!"

  80. Re:Poor jerk. by biryokumaru · · Score: 1

    As I understand it, they would have lost the config stuff, and there was no back up. Big network, suddenly un-configured. Not a good day.

    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  81. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Indeed. Too bad the mods marked you a troll. Put you in a room with a number of poeple who have no right to the passwords and an unknown number of people at the other end of a voice conference. Policy said who could get those passwords, and I'll bet it's not the chief of police or HR.

  82. Re:Poor jerk. by DJRumpy · · Score: 1

    Correcting myself: Nearly a million. I misread TFA. Still a huge some of money.

  83. Re:Poor jerk. by biryokumaru · · Score: 1

    I'd like to see this law. The prosecution has painted it as Childs own choice to release the passwords only to the Mayor, not in any policy or anything. That part might just be a Slashdot myth, it's not clear.

    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  84. Re:Poor jerk. by Divide+By+Zero · · Score: 1

    You kid... I worked for a major defense contractor that used "Id0n'tknow" as an admin password.

    --
    Dare to Hope. Prepare to be Disappointed.
  85. Re:Poor jerk. by nhytefall · · Score: 1

    Amen.

    Like it or not - sysadmins do not get to write the rules, no matter how right they may be. When they break them, they should suffer the consequences.

    --
    0100010001101001011001 0100100000011010010110 1110001000000110000100 1000000110011001101001 0111001001100101
  86. Re:Poor jerk. by Darinbob · · Score: 1

    And which particular law states that it is a criminal act to not follow your employer's orders?

    Certainly if he had equipment at home he would need to return it after being fired, or else potentially be tried for theft. But he had no city property. If he had broken into the system after leaving he could be guilty of some sort of hacking law, but he didn't do that either. All he did is not disclose some words he had memorized.

  87. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Yeah, I know how they find those numbers, having been involved in a municipal investigation . They paid a consultant *AFTER* the fact, after he had provided those passwords, to figure out how much money he had cost them. That consultant is a majority of that cost, guaranteed.

  88. Re:Poor jerk. by Anonymous Coward · · Score: 0

    I worked for a major defense contractor that used "Id0n'tknow" as an admin password.

    At least it wasn't "changeme". And it didn't get changed to "changeme123" after a painfully embarrassing security breach.

  89. Got what he deserved by Anonymous Coward · · Score: 0

    It is my understanding his employment was specific in that he would only disclose the password to the mayor alone. This never happened, thus he never disclosed the password. This case did not require any technical knowledge to grasp the facts, so I am unsure how the jury could come to this result.

    You understanding was wrong. He was obligated to hand over the passwords to his supervisor when he was told to. Was a contract where he was obligated to only hand them over to the mayor presented as evidence in court? I don't think so. The fucker deserved what he got.

  90. Re:Poor jerk. by eosp · · Score: 1

    The soldier's choice: disobey and take a bullet from your commander now, or follow the order and stretch rope later.

  91. Re: by Anonymous Coward · · Score: 0

    > It was his opinion, nothing else.

    It was his professional opinion. And he was quite right. When the fuckwits got the passwords, they published them.

  92. DID ANY OF YOU READ THE ARCTICLE? by Anonymous Coward · · Score: 0

    He was not following California policy. In his own words:

    Childs claimed he was merely following established INDUSTRY GUIDELINES for password protection.
    "You do not ever give up your username and password," Childs said.

    And:

    Ultimately, Chilton said, Childs "didn't follow the law, which was the basic thing that it came down to."

    What's that? He DIDN'T FOLLOW THE LAW. Read that again. He DIDN'T FOLLOW THE LAW.

    He goes to jail and he deserves it.

  93. Was he fired before or after the password request? by Anonymous Coward · · Score: 0

    Sorry i'm not very informed about this issue and the whole timeline. But I would think if they fired him before they reqeusted the passwords then they would be assed out...
    However if they requested the passwords while he was still employed he was being an idiot, however the supervisor/management should also be fired for causing such a large loss of taxpayers money for incompetence.
    Plus they had access to the physical hardware. Sometimes you just gotta start all over again but I guess they wanted to make an example of him....

  94. Re:Poor jerk. by Anonymous Coward · · Score: 0

    You do know, he gave the Mayor the passwords... So they could have easily done the password change remotely. They should have run the vulnerability test anyways, you do that any time a major component of an operations team leaves.

    The bullshit is the city's position, which is exactly the opposite of the words it says:

    The fact that the city was unable to do things such as prevent Childs himself from accessing the network shows that computer services were indeed disrupted, Del Rosario argued Monday.

  95. He forgot to consider himself in all of this by erroneus · · Score: 2, Interesting

    He might be a hero to some and a fool to others, but in the end, he has to live with himself... and survive with himself. Now he will be pretty lucky to have a normal life from this point forward. Odds are, he won't. There are lots of "wrong" things going on in the world every day. If you are asked to do the wrong thing in a similar circumstance, the one best option he could have taken was to quit and walk away giving whoever wanted/needed info is needed... to a point. Personally, if I was the only one with passwords to whatever, I'd just claim not to remember them and to tell them where all the devices are so they can seek them out and reset them manually. Frankly, why they didn't just hire someone to find all of these points of access and lock them out is beyond me. He was a jerk and simply needed to be cut off.

  96. And way too high an opinion of themselves by Sycraft-fu · · Score: 1

    Far too often there is this attitude of "I am always right when it comes to the computers. They are MY systems, it is MY network, I make the rules you all must follow." No, actually. You are in the business of customer service, like it or not. The computers belong to your organization. Your job is to make them do what they need to do. They are tools, nothing more or less, and you are there to help people get those tools to do the job they are needed for. You don't get to tell people how it is. You certainly can and should suggest policies and try to make things safer or better, but you aren't god, you don't get to come in and lay down the law and tell people how it's going to be. Do that and you may well be looking for work, or in extreme cases, in jail.

    1. Re:And way too high an opinion of themselves by jedidiah · · Score: 1

      Not at all...

      I enforce the rules THAT YOU MADE UP.

      They aren't MY rules. They are YOUR rules.

      If you don't like your own rules, then tough cookies.

      An anal geek is going to follow the given rules to the
      exclusion of all else. A geek's job is to make sure that
      stuff stays running. He's responsible for ensuring that
      millions of dollars per hour is not lost due to someone
      screwing up with relevant computer systems.

      This "customer service" nonsense is for burger flippers at McDonalds.

      This "customer service" nonsense is what causes professionalism to be discarded in favor of pandering with chaos being the end result.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:And way too high an opinion of themselves by Sycraft-fu · · Score: 1

      Well you are welcome to take that attitude, if you lose your job for it though, don't cry to me. I subscribe to my boss's theory though of trying to be nice, work with people, and help them to get their job done. I believe that IT is around to help, not to get in the way. So far, it works for me. I am an IT guy, by the way, not a manager or the like.

    3. Re:And way too high an opinion of themselves by centuren · · Score: 1

      Far too often there is this attitude of "I am always right when it comes to the computers. They are MY systems, it is MY network, I make the rules you all must follow." No, actually. You are in the business of customer service, like it or not. The computers belong to your organization. Your job is to make them do what they need to do. They are tools, nothing more or less, and you are there to help people get those tools to do the job they are needed for. You don't get to tell people how it is. You certainly can and should suggest policies and try to make things safer or better, but you aren't god, you don't get to come in and lay down the law and tell people how it's going to be. Do that and you may well be looking for work, or in extreme cases, in jail.

      How can you make the leap of being in the business of customer service to being convicted in a criminal court? Who cares about his thought process or attitude, for good or bad? If he won't do his job, fire him, and hire someone to take over. If he has a contract requiring that he disclose the password information, sue him. What extreme cases warrant jail? I don't see anything criminal about civilian insubordination.

    4. Re:And way too high an opinion of themselves by nomadic · · Score: 1

      They aren't MY rules. They are YOUR rules.

      Then I can change them. Give me the password.

    5. Re:And way too high an opinion of themselves by jgoemat · · Score: 1

      What extreme cases warrant jail?

      The article I read stated that he changed the passwords himself and then wouldn't tell anyone the new passwords. From what I've ready the network was apparently unusable for days. Apparently disrupting access to a city-wide network is illegal?

  97. Re:Poor jerk. by AshtangiMan · · Score: 1

    Do you really think your analogy is apt?

  98. Re:Poor jerk. by Arccot · · Score: 1

    No if you assault me you can't get medical damages from me.

    Funny thing: illegal aliens breaking into houses HAVE sued the homeowners for such things as falling on a knife and injuring their legs. Kids screwing around on the roofs of schools have sued the school district when they, illegally trespassing, nevertheless fell through a skylight and injured themselves.

    In other words, the law is fucked up, and the fact that you can manage to empanel a jury of 12 retards who don't understand the law & policy, scare them with "wooh this was scary internets stuff", and then have a paid-off judge give the jury bad instructions doesn't help.

    Hmmm... so you don't actually know what evidence was presented, but the judge is somehow "paid-off" and the jury are "retards" because you disagree with them?

    That says more about you than it does about them.

  99. Re:Poor jerk. by sbeckstead · · Score: 1

    Give me a break. I mentioned the topic in the post moron!

  100. Re:Poor jerk. by sbeckstead · · Score: 1

    Wow, trolling along are we.

  101. You don't really help your case by Sycraft-fu · · Score: 1

    When you confuse all government with "the feds". Childs was charged by the state of California. One is not the other and just like the people that make them, you'll find government differ in many ways. If you think all governments are "the feds" it shows a fairly poor understanding of our government and legal system.

    The federal government has no interest in this case, it is a matter in state court as a result of his employment with a city government.

    1. Re:You don't really help your case by droopus · · Score: 1

      Absolutely correct, sorry if I was confusing. State is state, and often give much lighter sentences, and early parole EXCEPT for severe violent felonies, which can bring death.

      The fed murder statute 18 USC 1111 is really reserved for federal agents, congressmen and presidents or heinous terrorism, like mcveigh.

      Fed law and court procedures are very different.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  102. Re:Poor jerk. by sbeckstead · · Score: 1

    No actually in many jurisdictions you must pay for your own prosecution. Besides the idiot responder was talking a civil case anyway.

  103. Re:Poor jerk. by DigiShaman · · Score: 1

    Funny thing: illegal aliens breaking into houses HAVE sued the homeowners for such things as falling on a knife and injuring their legs.

    Well actually, in that case our legal system is implicitly advocating to shoot to kill! After all, dead people can't sue let alone take you to court.

    --
    Life is not for the lazy.
  104. Re:Poor jerk. by sbeckstead · · Score: 1

    Yes let me see. He won't give us the passwords to our property after we dismissed him so we will just change all the ... oops.

  105. Re:Poor jerk. by sbeckstead · · Score: 1

    Actually yes it is apt. A bit morbid and over the top but a good analogy none the less.

  106. Re:Poor jerk. by sbeckstead · · Score: 1

    irrelevant how it was determined. If you don't want to pay stupid inflated damages don't fuck up.

  107. What I'd remind you by Sycraft-fu · · Score: 3, Insightful

    Is to perhaps not be knee jerk about what "the right thing," is. Don't presume you know better than everyone, don't presume you are the one with whom the buck should stop and so on. You need to be able to look at the bigger picture. While you might think "the right thing," is for you and only you to have access to the systems because you feel you are the only one smart enough to handle it properly, well consider two things:

    1) What happens if you are rendered unavailable? You could die, become incapacitated, whatever. What happens then if you are the only one who has the keys to get in? All of a sudden "the right thing" turned in to a rather large disaster.

    2) Consider that maybe you aren't as smart as you think you are, or perhaps that everyone else isn't as dumb as you think they are. Perhaps your boss is perfectly capable of having the password as a backup and not using it to cause any trouble. You might not think he's smart enough, but maybe you aren't evaluating the situation fairly.

    Also just remember that you job in IT is customer service, even if you never deal with customers. Your job is to help make computers do what people want them to. They are tools to reach some goal, and you are someone who helps that happen. Part of that means doing what your customers (which are usually your coworkers) want. That doesn't mean giving them everything, but it does mean not being a stone wall that just refuses to do something. Work with people, try to persuade rather than intimidate and so on.

    Finally, when it comes down to it, they aren't your systems, they are the organization's systems and if they want to fuck it up, that's their thing. Argue against it, document your objections, but if that's what they want, let them do it. It isn't your place to stop it.

  108. Re:Poor jerk. by jcr · · Score: 1

    can we please stop accepting "fuck off" as acceptable debate discourse? And then cheerfully modding it up?

    Fuck, no.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  109. Re:Poor jerk. by CohibaVancouver · · Score: 3, Insightful

    Remember, the police and the government here in America are utterly corrupt, and fighting against that is futile

    You know, staying stuff like this is an insult to people who live in / come from places where the government and police *are* truly corrupt. I once worked with a guy from Brazil who was happy when he went through a police roadcheck because it reminded him he wasn't in Brazil. In Brazil he would have had to have paid a bribe to the police, been detained hours, or risked being pulled from his car and beaten. Here it was a few questions and 'have a nice night, sir' - And he was an olive-skinned guy driving a new Nissan. In the USA if the police knock on your door and ask to come in you can tell them to go away - And they have to. In many parts of the world they'll kick your door in without asking, trash your house, and rape your daughter for good measure.

  110. following rules by imhennessy · · Score: 1

    I dunno, it seems pretty obvious that he would have been shafted just as hard had he turned over the passwords to a an unknowable number of unauthorized people and anything unpleasant had happened to the network. Especially since it's a government. It seems likely that a violation of the security policy, if that can be made to seem like it's connected to an actually problem, would lead to the same results for Childs.

    He was damned if he did and damned if he didn't. At least this way he gets to have been the good guy who stood up for something, instead of the pragmatist whose caving to convenience got him fired and put in prison.

    Obviously, there's no certainty that it would have turned ugly, but it wasn't a forgone conclusion that it would turn ugly this way, either.

    Guy got fucked, and probably would have anyway.

    ivan

    --
    Like to brew? Want to talk about it? Brattlebrew: groups.yahoo.com/group/brattlebrew
  111. Obligatory... DON'T TALK TO THE COPS IN USA by lena_10326 · · Score: 0, Offtopic

    Supply name, rank, and serial # only. Plead the 5th and ask for a lawyer. This is why: Don't Talk to Police

    --
    Camping on quad since 1996.
    1. Re:Obligatory... DON'T TALK TO THE COPS IN USA by lena_10326 · · Score: 1

      50% Redundant

      My God some of the mods here are douchebags. I challenge anyone to supply a link here posted BEFORE mine that's a duplicate. I looked before I posted. There weren't any. Slashdot really needs to start revealing who these morons are who mod so jackassily.

      --
      Camping on quad since 1996.
  112. :( Section 4.1 by Anonymous Coward · · Score: 0

    "All production system-level passwords must be part of the security administered global password management database."

    1. Re::( Section 4.1 by Anonymous Coward · · Score: 0

      So, he broke a password management rule "section 4.1". Childs probably would say he disagreed with how those passwords were being gathered/who was doing the gathering. Regardless, that seems to be the trigger that got him fired.

      But in no way does that fire-able offense equate to computer tampering. Being a hard ass is not a crime. This smells of government corruption: refusal to rule against "one of their own" if at all possible.

  113. ...the importance of their computer systems... by jeko · · Score: 4, Insightful

    I know absolutely nothing about the San Francisco network. But I find it interesting that Childs said, "These idiots can't be trusted with the passwords," and the second the idiots got the passwords, they published them for the world to see.

    Sure enough, those idiots should not have been trusted with the passwords. Hard to fault a guy when they immediately proved him right. :-)

    By the way, since this is a municipal system, here are some of the functions I've seen municipal systems handle:

    1. 911 calls over VoIP.
    2. Fire dispatch, as in "Building on fire here"
    3. Police dispatch, as in "Crazy guy with gun over here."
    4. Police data, as in "The license plate you just pulled over is driven by a violent felon."
    5. Videoconferencing that connects lawyers to their clients
    6. Utility billing/disconnect, as in "These people need their water/power/garbage cut off."

    I could go on and on.

    Wanna see your basic "evil hacker" movie play out in real life? You couldn't take over the world, but you could make some people miserable. Maybe even get a few of them killed when help doesn't arrive when it should...

    Not all computer networks are about making sure Sally in accounting gets her email.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:...the importance of their computer systems... by MoFoQ · · Score: 1

      and ever since he came onboard and DESIGNED the damned thing (he's even got the copyright of the technical design of it), it has been working without incident (before TC, it was a nightmare).

    2. Re:...the importance of their computer systems... by Anonymous Coward · · Score: 0

      A hacker could punch well above his weight and ruin many lives and damage societies like the US, because those societies are stoopid.

    3. Re:...the importance of their computer systems... by BobMcD · · Score: 1

      I know absolutely nothing about the San Francisco network. But I find it interesting that Childs said, "These idiots can't be trusted with the passwords," and the second the idiots got the passwords, they published them for the world to see.

      Sure enough, those idiots should not have been trusted with the passwords. Hard to fault a guy when they immediately proved him right. :-)

      He certainly was right, but I don't see how that obviates his crime.

      If the' big bad gubment' were to try and 'take my guns away' for example, the Constitution implies I'd have a right to resist that effort with force. I imagine they'd shoot and kill me over that incident. It would have been the right thing to do, to die for that cause, but I'd still be dead and no harm would come to the government over it.

      So once/if he understood and communicated the risks the decision was no longer his to make. He made it anyway, hence the crime.

  114. the social skills of those posting messages by Anonymous Coward · · Score: 0

    You mean like posting an AC sock-puppet comment, Hondo? ;-)

  115. Re:Poor jerk. by Clandestine_Blaze · · Score: 3, Informative

    Here's an earlier comment that discusses the city policy.

    And here's a quote from the password policy of the city, which is in that link:

    "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

    As we can see from the city policy, telling your boss is already out, and talking about your password in front of others (the individuals on the other end of the phone line) is also a no-no. Terry Childs did the right thing by not giving out the passwords to anyone but the Mayor. Did Childs' boss ever get in trouble for breaching city policy? Probably not.

  116. libel, not slander by jeko · · Score: 1

    Oh, don't worry. I'm doing plenty of both today. :-)

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  117. I'm not going to do any research by imhennessy · · Score: 2, Insightful

    Rather than investigate what you've just claimed, I'm going to ask if it makes any kind of sense to have a restrictive policy on disclosing one's user level password, and expect that you'll just turn over a system level password to an unknown number of unknown people.

    Of course he shouldn't have had sole administrative access to the network; however, it seems likely that the fastest typist among the authorized, well intentioned people hearing this information would be far outpaced by the hypothetical fastest typist among any hypothetical bad guys.

    Assuming youre assertion is correct, it is evidence that the people he worked for were even more incompetent to handle the network than he feared. That doesn't put him on the right side of the law, but it does make his position sound a lot more sane.

    ivan

    --
    Like to brew? Want to talk about it? Brattlebrew: groups.yahoo.com/group/brattlebrew
  118. Re:Poor jerk. by Anonymous Coward · · Score: 1, Funny

    My password policy is similar. If your mother can type it in without breaking into tears/ vomiting in disgust, it's not strong and/or gross enough.

  119. Perspective from a Juror on this Case by BengalsUF · · Score: 5, Interesting

    Now that I am able to speak about this case, I can give you my take on the matter as having been a juror on it. Having not been able to read about the case during its duration, I can't replay to everything that's been said about it, but I will at least provide my perspective.

    This case should have never come to be. Management in the city's IT organization was terrible. There were no adopted security policies or procedures in place. This was a situation that management allowed to develop until it came to this unfortunate point. They did everything wrong that they possibly could have to create this situation. However, the city was not on trial, but Terry Childs was. And when we went into that jury room, we had very explicit instructions on what laws we were to apply and what definitions we were to follow in applying those laws.

    This jury was not made up of incompetent people or idiots. Every single person on there was very educated and well-spoken. I myself am a network engineer with a CCIE and thirteen years experience in the field.

    This was not a verdict that we came to lightly. There were very difficult points to overcome in reaching it. We were not allowed to let our emotions or biases determine the matter, because if they could there may have been a different outcome. Quite simply, we followed the law. I personally, and many of the other juror, felt terrible coming to this verdict. Terry Childs turned his life around and educated himself in the networking field on very complex technologies. One different decision by him, or more effective management by the city could have completely avoided this entire scenario. But those are not factors we could consider as a jury. We applied the law as it was provided to us and our verdict was the unfortunate, but inevitable result.

    I'm sure many people posting are of the mindset that he's not guilty because he shouldn't reveal the passwords, some policy says this or that, or whatever. You're entitled to your opinion, but let me tell you that I sat through FIVE MONTHS of testimony, saw over 300 exhibits, and personally wrote over 200 pages of notes. I will guarantee you that no matter what you think of the matter, you do not have the full story, or even 10% of it. I am confident that we reached the correct verdict, whether I like it or not.

    1. Re:Perspective from a Juror on this Case by Archangel+Michael · · Score: 4, Interesting

      Two Words .... Jury Nullification

      This is the worst part of our current system, is that juries are not informed of all the duties that are necessary for them to perform. In this case you were led to believe that your only duty was to judge the facts, and apply those facts to the law.

      However every member of society has every right, while on any jury, to judge not only the facts of the case, but the law and how they are being applied. This is the ONLY real safeguard to a free people, and the real power of the Jury.

      My biggest sadness is that you felt compelled to convict the man, because the fact and the law told you to. Just so you know, you've admitted that you've proven the state has enslaved us all to laws we can't possibly obey.

      Take a look here, and after that, I leave you with two questions ....

      The Average Person Commits Three Felonies a Day"

      Question one, are you willing to go to jail for doing something that is right, even if it is against the law?

      If not, why did you do that to someone else?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 5, Interesting

      The jury instructions specifically stated that whether or not we agree with the law in question cannot be a factor in determining if the law was actually broken. Regardless, I found nothing objectionable about the law itself and I don't believe any of the other jurors did either. There are plenty of protections within the law in question which protect people which may be acting under a misunderstanding of the facts or acting within the scope of their employment, all of which we weighed in making our decision.

    3. Re:Perspective from a Juror on this Case by Entropy98 · · Score: 2, Interesting

      It took you 5 months, 200 pages of notes, and days of deliberation to make a decision?

      How long did Terry Childs have to make his decision?

      I hope you go to jail for some ridiculous bullshit someday.

    4. Re:Perspective from a Juror on this Case by Grey+Haired+Luser · · Score: 5, Insightful

      Jury nullification consists precisely in ignoring that particular instruction: that you should only apply the law and not judge the law itself. Duh. This notwithstanding, if you say you agreed with the law, and thought it had broken it, well, then, obviously you did the right (moral) thing and have a lot more info on the case than random slashdotters. Well done.

    5. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      Parent has wisdom, too bad the tone got it down modded.

    6. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 2, Insightful

      Thanks for your service and your post.

    7. Re:Perspective from a Juror on this Case by pembo13 · · Score: 1

      This was not a verdict that we came to lightly

      Well, you've set precedence now. Everyone else from practically now till forever will live with this. Felony computer compromise for NOT providing passwords

      I'm sure many people posting are of the mindset that he's not guilty because he shouldn't reveal the passwords

      Even the sentence on which he has been found guilty is ridiculous. Sounds like he was found guilty, and they the closest matching sentence was chosen.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    8. Re:Perspective from a Juror on this Case by boner · · Score: 1

      Thank you for your post, and thank you for your jury service.

      Without access to all the evidence and testimony presented in court, I am still stuck with one question: Was justice served?

      Based on your comments I concluded that Terry Childs did violate the law, and that in your opinion the whole situation was handled badly by all parties involved. Since law only exists within the context of human society, I find it dissatisfying that the human context was removed when you were instructed to apply only the law. By your own comments you were unhappy with the conduct of both parties in this trial, but what in your opinion would be a just outcome, in other words, how would justice be best served?

    9. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      """Quite simply, we followed the law. """

      That is the one thing the jury should not do. If a trial is merely there to judge whether the accused has followed the law or not. Then a jury is absolutely worthless, in fact it will even deteriorate the process. In this case having one or several judges that have studied and worked with the law for far longer than any jury member could have would be far better.

      The jury is there exactly for the opposite reason: To bring emotion and morals to the courtroom. He was supposed to be judged by his peers, not by some immoral emotionless robots.
      If some crazy politician ever succeeded in introducing a law that said: every man that can read should be killed, you just admitted that you would send them all to death row, because they would have broken the law. This is why there is a judicial system, to test the law, see if the law is just, and to apply the general law to specific cases.

    10. Re:Perspective from a Juror on this Case by regular_gonzalez · · Score: 1

      I'd amend your statement to:
      This notwithstanding, if you say you agreed with the law, and thought it had broken it, and agreed with how the law was being applied in this case, well, then, obviously you did the right (moral) thing.

      After all, I would guess that most people don't have an objection to jaywalking laws in general -- but if an out of control car were hurtling towards you and you ran across a street to avoid it, I would hope that most people would think that charging you with jaywalking would be asinine.

      --
      Due to circumstances beyond my control, I am master of my fate and captain of my soul.
    11. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      How tragic that a peaceful man is condemned to rot in a cell for five years of his life simply because neither you nor any of the other jurors knew of your right to nullify... I don't blame you, though. It's a right that is not well-liked by most judges and politicians, and they go to great lengths to keep it hidden from jurors.

      If you didn't know about jury nullification, and you go verify this, then I hope you'll help spread the word about its importance.

    12. Re:Perspective from a Juror on this Case by JakiChan · · Score: 1

      If his management is the cause, I wonder if he can sue them for negligence?

      --
      "Where quality is like a dead stinking rat - you just can't miss it."
    13. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      I personally, and many of the other juror, felt terrible coming to this verdict.

      You violated your conscience to satisfy the letter of the law. You clearly do not understand the purpose of having a jury. It is not to find out the truth, a panel of experts could do that better. It is to limit the power of government to arbitrarily imprison citizens.

      If a jury should follow the instructions of a judge then there is no point having a jury since you already have the judge. How fucking obvious does it have to be? Terry Childs will spend time in prison and have a felony conviction because you couldn't figure that out and so chose to do wrong so you could obey a judge who had no power to punish you (and therefore no real authority over you).

    14. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 1, Interesting

      Perhaps you can shed light on the fact that a disagreeing juror was dumped...
      This looks like jury tampering to me...
      If the state doesn't get the results it wants or the jurors don't follow the state mandated conviction-flowchart...
      then dump the juror and get one who will comply.

      So what's the deal about the "holdout" juror?

    15. Re:Perspective from a Juror on this Case by Aphoxema · · Score: 1

      Some idiot decided it was a good idea to plant a sign by a school that instead of saying 20mph between 8AM and 4PM, it now says the speed is 20mph when children are present.

      They don't tell you what a child is. They don't tell you what is "presence" of a child. They don't tell you if it's all children or school children or what. They say when children are present.

      They could have just made the speed limit 20mph. They could have said "When school is in session" and at most required people to find what hours and days that school is in session.

      If someone was going 25mph and hit a child who jumped out into the street from behind a car in the late evening you know damn well there would be mention at trial that there was that stupid fucking sign there and if they had simply "followed the law" it wouldn't be an issue.

      You know what? Fuck the law. You made the wrong decision.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    16. Re:Perspective from a Juror on this Case by Aphoxema · · Score: 1

      It took you 5 months, 200 pages of notes, and days of deliberation to make a decision?

      How long did Terry Childs have to make his decision?

      I hope you go to jail for some ridiculous bullshit someday.

      As satisfying it would be every instance of injustice is a shame on humanity.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    17. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      This case should have never come to be.

      We were not allowed to let our emotions or biases determine the matter, because if they could there may have been a different outcome.

      Quite simply, we followed the law.

      I personally, and many of the other juror, felt terrible coming to this verdict.

      We applied the law as it was provided to us and our verdict was the unfortunate, but inevitable result.

      You followed the law, turned off your brain, and ignored your heart. Congrats on giving an innocent man five years in the federal penitentiary.

    18. Re:Perspective from a Juror on this Case by tomcat47 · · Score: 1

      First, I would like to thank you for posting. I'm sure you have been through a lot on this case. I also can sympathize with being on a jury on a problematic case where very tight jury instructions box you in to coming to a verdict you don't like. I also was on a jury once in a similar situation, so I can sympathize. So I would like to thank you for being willing to post at all. Having said that, this case has bothered me a great deal from the start. So I would like to raise some of the questions that have been bothering me, and make a few comments. I will understand if you don't wish to rehash the whole thing, but any response will be appreciated. I should explain that I have completed Cisco training through CCNP, with the intent of eventually gaining my CCIE. While I have concerns about whether or not Childs should have been prosecuted for withholding the passwords to the FiberWAN, these are not the concerns I would like to raise here. From the beginning it has concerned me that representatives of San Francisco's IT department, and representatives of the prosecutor's office, have made statements about this case that seemed factually false from a technical perspective, both about the operation of Cisco routers and switches, and about networking procedures in general. It is opportune that you are an experienced CCIE, in that, if you are willing (and legally able, which is a question), perhaps you can shed some light on at least a few of the questions I would like to raise. I have a substantial question about whole initial claim that Childs "booby-trapped" the network to fail when and if the routers and switches were rebooted. To accomplish the booby-trapping that the city originally claimed, it would be necessary that Childs both disabled password recovery and erased the startup-config file on the routers and switches in the FiberWAN. Yet I saw no evidence at all ever presented by the city to prove the claim that he had done this. The city seemed to claim that they had no access to backup copies of these config files. If in fact they didn't have any access to backup copies of the config files, and they had no way to log into the routers and switches to examine the startup-config files on the devices, they would have no way to confirm that he had erased the startup-configs. Similarly, if they had no way to examine the config files, they would seem to have no way to know that he had disabled password recovery. So unless they had other evidence, such as logging info to confirm the configuration changes, how did they claim to know that he had booby-trapped the devices to fail on reboot? Also, as I'm sure you know, even if erased the startup-config files on the routers and switches, there is an option on Cisco devices that they may be configured to load their startup-config files from a server. If one were paranoid that physical security of the routers and switches were in doubt, loading your config files from a server is exactly what one might do. So for Childs to have booby-trapped the routers and switches as originally claimed, he would have had to erase the config files, disable password recovery, and not have configured the devices to load their configs from a server. The city made these claims over and over as to Childs rigging the routers and switches to fail on reboot, but I have never seen any evidence offered to prove these claims nor any explanation of how they could have proved that. I would like to know if any further evidence was ever offered that shed light on this. From what I have been able to read, it makes it appear that these were baseless claims with no proof ever offered to back them up. Directly related to this is the whole problem in this case surrounding Cisco password recovery itself. As you know, all Cisco routers and switches, (at least the ones running IOS) have a "password recovery" feature. It is somewhat of a misnomer, because it doesn't necessarily let you recover the passwords (unless they were stored unencrypted), but rather allows you to bypass the login process

    19. Re:Perspective from a Juror on this Case by chazzf · · Score: 1

      Justice should be blind. Thank you for your service.

      --
      No statement is true, not even this one.
    20. Re:Perspective from a Juror on this Case by HolyCoitus · · Score: 1
      --
      That's scary.
    21. Re:Perspective from a Juror on this Case by jollyreaper · · Score: 3, Insightful

      This was not a verdict that we came to lightly. There were very difficult points to overcome in reaching it. We were not allowed to let our emotions or biases determine the matter, because if they could there may have been a different outcome. Quite simply, we followed the law.

      This is like that psych experiment where a test subject is given a buzzer and a set of questions. A lab assistant plays the role of another test subject behind a screen. The buzzer is supposed to deliver a shock for every wrong question. It doesn't, of course, but the lab assistant acts like it does. With each wrong question he screams louder, wimpers, begs to stop the experiment. The official-looking SCIENTIST in his WHITE LAB COAT reassures the skeptical test subject that the experiment should continue. Some subjects will walk about but others will keep administering shocks for unanswered questions even after the man behind the screen is no longer making any noises. Unconscious? Dead? Doesn't matter. The man in the white coat told me what to do. He has AUTHORITY.

      If the case never should have come to trial, find him not guilty. The charges are obviously bullshit. Where is it written that conscience and compassion have no place in our courts? Ok, mandatory sentencing says we have to leave our brains at the door but fuck that.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    22. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      So let me get this straight - you were smart because you had "all the facts," were smart enough to see that this was a screwed up situation that never should have happened in the first place, smart enough to realize that the law as it was being applied was pretty much BS, and yet not smart enough to realize that the *entire point of having a jury* in the first place is so that when the politicians and judges and police of this country decide to screw the citizenry over with bad laws, we can say "NO."

      You followed the judges instructions to "apply the law." Ever hear of jury nullification? Ever occur to you that just doing what you are told and doing the right thing are frequently different? You felt terrible because you knew perfectly well what you were doing was wrong, and instead of having the balls to stand up and say something, you went along like a good little sheep. Thanks for nothing.

    23. Re:Perspective from a Juror on this Case by Sir.Cracked · · Score: 2, Insightful

      While jury service is commendable, you sir should be ashamed of what you've done. This guy was put in a no-win situation, one which YOU YOURSELF could someday face. To equate what he did with felony computer tampering puts us all one bad situation away from being felons, damned if we do and damned if we don't. Juries are there to ask the tough questions, to make sure laws squash people who don't deserve it. One quote from the article describes Mr Childs as "egotistical and paranoid". Well, you'd better lock a lot of us up then, because when you hold heightened responsibility and are tasked with guarding that system, that's what you're actions are going to look like.

      You state you "felt terrible" about the verdict. If that's true, then you made the wrong decision. And you've made life more dangerous for all network and systems professionals.

      --
      Where are we going, and why am I in this handbasket?
    24. Re:Perspective from a Juror on this Case by MikeD83 · · Score: 2, Insightful

      Jury Nullification
      Logic brought you to the conclusion that Mr. Childs was guilty based on the laws and definitions provided to you. However, you didn't like the verdict. Was jury nullification thought of?

    25. Re:Perspective from a Juror on this Case by DarkAce911 · · Score: 1

      I hate to bust your bubble, but have you ever heard of reasonable doubt or intent? I am sure Child's lawyer is going to have a field day in Appeals Court over your comments and the removal of the other juror. What law did you find that said Child had to give any information to the city or else he would be committing a felony? What was the exact act did he do to committ this so-called crime. You, the rest of the Jury, the Judge and the DA made this interpretation up out of the blue just to punish this guy.

    26. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 4, Informative

      For me, true justice (not legal justice) would have been served if they would have simply left this matter as an employment issue and never brought it into the criminal arena at all. However, that only happened when Terry Childs, under surveillance after being placed on leave, decided to leave the state and make over $10,000 in cash withdrawals. He really shot himself in the foot on that one.

      When he was brought into that meeting, he was being reassigned because he could not work on the FiberWAN any more. He had spent months making engineering decisions that made it impossible for anyone else to gain access to those routers without having correct passwords. He became very possessive, and paranoid, about this network he created, and when it came time for him to release it to others he refused to do so. There were so many choices he could have made that could have diffused the situation, but he didn't do that.

    27. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 4, Informative

      We felt terrible because Terry Childs had really turned around a lot in his life and our decision would negate a lot of that. I didn't violate my conscience to satisfy the letter of the law. I believe in the law that we applied. Trust me, this wasn't a matter of somebody simply refusing to give up their individual userid and password. There were TONS of other issues that played into the matter, over a period of years. He locked down the network to a point that ensured he would be required for its management, even to the point that some attempts to gain access by other people would have brought the network down.

    28. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 5, Informative

      I'm glad you brought this up, because going through this trial I learned a lot about how -not- to lock down a network if you don't want to end up in this same scenario.

      First, all of the edge devices of the FiberWAN were configured with "no service password-recovery". This is a relatively newer IOS command (I believe) that, in a way, disables the ability to do a standard password recovery. Actually, you can still follow the password recovery procedure, except now during the recovery procedure the router will now prompt you that password recovery is disabled, and if you wish to proceed the existing configuration will be erased. So, you can still gain access to an edge router of the FiberWAN, but it will now have no configuration in it, essentially making it useless.

      The next problem was the core routers, which were 6500 series. The IOS running on these did not have the "no service password-recovery" feature, so what he did here was to erase the NVRAM and only keep the running configuration. Any attemt to do a password recovery would require a reboot, and the configuration would be gone. The core routers were not configured to load a new configuration from a remote server, but instead Terry Childs had modems connected to terminal servers so that in the event of any power outage he would be able to dial in and load the configurations back in.

      As to these configuration backups, Mr. Childs kept these on a DVD he kept with him at all times. Furthermore, this DVD was encrypted and could only be decrypted using his laptop (as the encryption program required not only a password, but access to a specific file that existed on the laptop).

      As for system logs, the city had no access to see what these might have said, as the routers were set up to log only to a server that Terry Childs controlled. He was the only one with passwords to that server. And not only that, he had placed that server inside a black metal cabinet with holes drilled in the side to allow cable runs, and the cabinet had two padlocks on it. Slight paranoia?

      A few days before access was finally provided, Cisco discovered actually a very ingenious way to be able to get the edge configurations. (Either they did or did with help of those in the technical blogosphere). The edge devices were (if I remember correctly) 3650 series which allowed stacking. Apparently, if you are in enable mode on a new switch and then stack it to one of the FiberWAN edge devices, the configuration would sync over to the new device so essentially you have a copy of the old switch but have the ability to change the password. This was the path they were going to take with the edge when Mr. Childs provided access and it was no longer necessary. Also though, this procedure would not have helped for the more critical core devices.

    29. Re:Perspective from a Juror on this Case by painandgreed · · Score: 4, Interesting

      Two Words .... Jury Nullification

      The idea of jury nullification is great when it's used on a law you don't agree with, not so much when it goes the other way. The reason that lynchers and other civil right abusers could get away with what they did in the 20's and 30's was because of jury nullification. The phrase "no jury will convict me" was speaking about jury nullification. As they could control who got on the juries and that those people had similar morals that did not agree with the law, they did not have to follow the law. Once society loses the rule of law, there's no reason to follow the law for anything. While I don't agree with a lot of laws and would even hazard that some laws are probably even objectively bad, it would be better to change the laws that rely upon jury nullification.

    30. Re:Perspective from a Juror on this Case by Ed_Pinkley · · Score: 1

      I just read all your posts. Thank's for the information and insight into the case.

      --
      "Long time listener, first time caller."
    31. Re:Perspective from a Juror on this Case by noidentity · · Score: 1

      Indeed. The whole point of a jury is that those twelve peers decide your case, however the hell they want to. Otherwise, what would be the point of having a jury? The judge is already much more experienced in interpreting and applying the law. The jury's sole purpose is to be an alternate to the law; if 12 randomly-selected people decide you're not guilty, then why would it matter if the law said otherwise? It would indicate that the laws are wrong, not the jurors, otherwise you'd be saying that the laws don't have to reflect what the citizens consider right and wrong.

    32. Re:Perspective from a Juror on this Case by 31415926535897 · · Score: 3, Insightful

      I think this is the saddest thing I might have ever read:

      This case should have never come to be. Management in the city's IT organization was terrible. There were no adopted security policies or procedures in place. This was a situation that management allowed to develop until it came to this unfortunate point. They did everything wrong that they possibly could have to create this situation. However, the city was not on trial, but Terry Childs was. And when we went into that jury room, we had very explicit instructions on what laws we were to apply and what definitions we were to follow in applying those laws.

      Another poster already mentioned Jury Nullification; how can you, as a human being, convict another human being after saying you believe all of that?

      And of course, the city can't be put on trial for it's portion in this, can it? Nobody from the city is going to go to jail (and the city itself won't be legally "incarcerated") no matter how wrong it was. But because of your strict interpretation of the law, and some "common sense" interpretation about who an authorized user was (even though it wasn't legally specified), he has to go to jail and have his life ruined.

      What you did was reprehensible.

    33. Re:Perspective from a Juror on this Case by jefftp · · Score: 1

      Can you confirm the order of events:
      1. Terry Childs employment was terminated.
      2. As an ex-employee he refused to provide any passwords.
      3. He was arrested.

      The precedent set here is that network administrators are required to produce passwords for ex-employers. So the only way as a network administrator to protect yourself against imprisonment from a former employer is to have difficulty remembering, AKA the Alberto Gonzales defense.

    34. Re:Perspective from a Juror on this Case by boner · · Score: 1

      Thanks, I now appreciate the dilemma faced by the jury when interpreting and judging the actions of all parties involved.

      It's a sad case, I hope he gets sentenced to time served. He will be punished more than enough whilst trying to put his life back together again.

    35. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      The whole point is despite the instructions, you CAN do just that.

      http://en.wikipedia.org/wiki/Jury_nullification_in_the_United_States

      You obviously don't have to do so, but you absolutely are also within your rights to do so, regardless of what the judge says.

    36. Re:Perspective from a Juror on this Case by HeckRuler · · Score: 1

      So, why did leaving the state and withdrawing $10K matter so much?

      Obviously because it's the first step in skipping town and running for the hills, but that's not what you found him guilty of. From what you've said, he sounds really paranoid, and this fits that description. But being paranoid isn't criminal, and the city really was out to get him. Is there something about getting ready to run that contributed to the DOS charge?

      If it was a reflection on his character that he was going to run, then what about that whole feeling bad for him thing?

    37. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      Did the jury instructions also tell you that what the penalty might be for voting to acquit in accordance with your conscience?

    38. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 4, Insightful

      We specifically spent hours on the question of intent and making sure we were beyond a reasonable doubt. As to the removal of the other juror, there's way more to that story than any paper knows, and I don't want to go much into it, but he was definitely dismissed "for cause", not because he was some type of lone holdout or something like that.

      The law we used was CA Penal Code 502. We did not make up any laws or definitions in reaching our decision. Just take a look at the number of posts and opinions here which fall in both directions. Do you think they have more facts about the case available to them, who may have read some articles and blogs about it? Or do you think I may have more information upon which to base my opinion, after listening to five months of testimony, reading hundreds of emails, many sent by Mr. Childs himself, showing his state of mind and intent? There's way more to the story here than simply a good tech guy all of a sudden being requested to turn over some passwords.

    39. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 4, Informative

      No, it was:
      1. Terry Childs was informed he was being reassigned.
      2. He was asked to provide access to the network which he would no longer be working on and to which he was the only one with access.
      3. He refused to provide that access.
      4. He was told he could possibly be in violation of the law by refusing to provide access.
      5. He refused to provide that access.
      6. He was placed on paid administrative leave.
      7. He was arrested.

      That's the order, but it's definitely hugely summarized. There were lots of other events that led up to this and were intermingled.

    40. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 3, Informative

      I think the police were ready to allow it to develop as solely an employment matter, while at the same time feeling that he could really be charged at any time. I think once he made those moves he tipped the police over their comfort line.

    41. Re:Perspective from a Juror on this Case by HeckRuler · · Score: 1

      So it mattered to the police and the decision to arrest him, but not to the court and the conviction. Alright.

      But why does it matter to you?

    42. Re:Perspective from a Juror on this Case by tuomoks · · Score: 1

      Very good reply, thanks! The (sometimes) unfortunate thing in court is the law - you have to follow it, forget the right, wrong, emotions, etc. It really doesn't matter if for example Terry did the "right or wrong" decision - once it gets to court everyone have to follow he current law. Of course, the "current laws" change all the time but that's life.

      Now - knock, knock, I have been lucky twice. Once in military and once in a private company in same kind of situations. In military I was saved by a general who happened (lucky for me!) to be in place and to hear what was said - the captain was quietly moved to retirement. In private I was saved by the CEO who stepped in and asked the manager a couple of questions he couldn't answer - the manager was fired. Both times, especially in military, it would have meant very bad things, probably some kind jail sentence without someone really looking what really happened before it got too far.

      Each time I was really following the rules but the "management" had other ideas - so, the rules, regulations, laws, policies, etc don't really protect you in case someone higher on pecking order want's something else.

      Anyhow, I think Terry wasn't too bright and behaved much like most "network administrators" I know. Correct, you have to protect what you have been given but, as many have said, it's not "your network". Now, of course, it's not the managers network either, same way as you are not the managers employee - you work, arguable not slave, for a company, and so on. Even the manager works for the whatever entity owns the network as you do - they own the network. Anytime (today) I get the requirements like this, I ask a person to show me the written authorization by the real owner - in this case the city of San Francisco. If there is now such, no, you don't get anything until I see the owners authorization, just being a manager, officer, whatever doesn't work.

      Why this - I used to work in / for global security in insurance, IS, IT, financial, etc - big money, big egos, big politics, whatever and you have to very careful or get burned. Even IMHO Terry didn't deserve this, it's the law voted by people so? And, of course, there are no problems to his management, the normal situation in cases as this, seen too many in 40+ years in this business.

    43. Re:Perspective from a Juror on this Case by BengalsUF · · Score: 1

      It didn't matter towards my decision in the case, but it mattered to me because it would have been so much better to be handled solely as an employment issue, and I really think that would have been the better outcome for Mr. Childs.

    44. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      My understanding from various media reports is that the basis of Childs' refusal to provide access to his management was that they were non-technical, and if he provided them access and they subsequently brought the network down, Childs would be responsible for that.

      I haven't seen anything in your posts talking about that motivation: that providing root access to the network infrastructure to technically unqualified would in and of itself cause a legal liability for Childs.

    45. Re:Perspective from a Juror on this Case by StikyPad · · Score: 1

      The point in having a jury is that you have disinterested third parties reviewing the facts instead of some guy in a wig & powder who a) wants to exercise his power, and b) stands to gain from a high conviction rate. Juries live in (relative) anonymity, have little incentive to do anything other than weigh the evidence, have typically not been jaded by years of trying cases, and what gain they might receive (say, by writing a book) is not contingent upon the verdict returned, but by the first-hand experience and insight they can provide to the specifics of the case.

      That said, I don't disagree that as the party rendering judgment, a jury should also provide a counterbalance to the misapplication of the law, but it's not their sole raison d'etre.

    46. Re:Perspective from a Juror on this Case by lazn · · Score: 1

      It was your duty as a citizen to judge the law, and IGNORE the instructions from the judge if the law was at fault.

      The Judge can tell you different all he wants, but he is LYING if he tells you that you MUST follow his instructions.. If that were the case, why would we have jurors at all? Might as well just give Judge Dredd a big gun and be the executioner as well.

    47. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      Archangel Michael is right, Jury Nullification is always available to you, regardless of what jury instructions say. It is a constitutional right that the Supreme Court has acknowledged. Unfortunately they've also said it's fine for judges to prohibit defense attorneys from advising jurors they have that right during the trial. If you didn't believe the law was correct (whether fundamentally or as applied in the case), you should have found him not guilty.

    48. Re:Perspective from a Juror on this Case by nomadic · · Score: 1

      Logic brought you to the conclusion that Mr. Childs was guilty based on the laws and definitions provided to you. However, you didn't like the verdict. Was jury nullification thought of?

      He said he thought the law was a valid one, that Childs would not have broken the law if the city had competent IT supervisors, but at the end he thought it was the right decision. Jury nullification is not intended to let someone go free because you feel bad for them. Based on what this guy said an analogy would be if you were a juror during a murder trial, and you think the guy did it. He's a scared 18 year old kid who got caught up in bad circumstances, and kept making mistakes but you think deep down he didn't want to kill the guy. Would you let him go based on that sympathy?

    49. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      It all sounds reasonable from what you've said, but all of this ignores what the state of the network was like before Mr. Childs came to administer the network.

      Given the problems determining who was authorized to access the system from the jurors' perspective, did Mr. Childs lock it all down because access was so pervasive that the system was at risk before? If so, it could be reasonably argued that Terry Childs had secured the system to ensure stability and his fear was that opening access would result in instability to the network. What he did may have broken some rules but he did it to preserve the functionality of the system (ie. he was performing his job). After all, he did give the passwords over to the mayor in the end. Was that his initial request or was it only after negotiating?

      Did the accused testify at all?

    50. Re:Perspective from a Juror on this Case by RayMarron · · Score: 1

      I have a question regarding the length of the trial. I've always wondered what I would do if I were picked to sit on a jury for something so complex/lengthy. Can you elaborate on how you/your employer handled a jury assignment of such length?

      --
      ON DELETE CASCADE
    51. Re:Perspective from a Juror on this Case by Sloppy · · Score: 1

      The jury instructions specifically stated that whether or not we agree with the law in question cannot be a factor in determining if the law was actually broken.

      Instructions presumably by the judge.

      Instead of just yelling "jury nullifcation," let me just ask a couple of questions:

      1. Who is the higher authority: the judge or the jury? Does the jury "work for" the judge, or is it the other way around?
      2. What is the purpose of the 6th amendment? What values and strategies for maximizing them, were so important, that a right to a jury was written into the constitution, a higher level of law than the statutes Congress passed to establish the courts?
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    52. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      Two words: Jury Nullification.

      The conscience of juries is the last and only defense against tyranny. If you felt no crime was committed (which is distinct from a law being broken), in my opinion you had a moral obligation to NOT convict.

    53. Re:Perspective from a Juror on this Case by networkBoy · · Score: 1

      just *wow*. That is paranoia at its finest.
      I was thinking the same thing as the GP, but with the added thought that no admin would do that because it's so fragile that if anything went sideways you're screwed.
      Ok then, if Childs really did that I have less of an issue with what went down. And like many others here, thanks for coming here to share. more illuminating than the last several months of speculation...

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    54. Re:Perspective from a Juror on this Case by schlesinm · · Score: 1

      I haven't seen anything in your posts talking about that motivation: that providing root access to the network infrastructure to technically unqualified would in and of itself cause a legal liability for Childs.

      What law would Childs be breaking for giving the passwords to his bosses (who might be unqualified)?

    55. Re:Perspective from a Juror on this Case by Sloppy · · Score: 1

      The reason that lynchers and other civil right abusers could get away with what they did in the 20's and 30's was because of jury nullification. The phrase "no jury will convict me" was speaking about jury nullification.

      I think this just points to a more serious problem with society, though: the will of the people was that it's ok to murder. When you've got a situation like that, it's pretty much pointless to worry about laws.

      If a jury says, "Oh, he only lynched a nigger? Well, then: innocent!" then you've got a problem that won't be fixed by taking away jury nullification. The lynchings will continue, and laws handed down from Washington in defiance of the people's wishes are just ink on a page. Because not only will no jury convict them, but a judge probably won't either, nor will a witness testify against them, or a cop arrest them so that they end up in court in the first place. Do you really think a judge has the power to protect people's rights when that kind of shit is going on? You need to either persuade people that murder ought to be prohibited, or you need to shoot back. But your answer sure as hell isn't in the courts or laws or any other part of an illusory "civilization." From where do you think the government gets its power to uphold justice, in the first place?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    56. Re:Perspective from a Juror on this Case by rastoboy29 · · Score: 1

      It sounds like you felt like he was right to do what he did.  If so, you should not have convicted.

      That is the point of a jury of ones peers--to overrule the law or the judge's instructions.

    57. Re:Perspective from a Juror on this Case by _Sprocket_ · · Score: 1

      Now that I am able to speak about this case, I can give you my take on the matter as having been a juror on it.

      Thanks for this and your other insightful posts. I'm one of the consistently sympathetic posters on this subject. I've been in situations where I've had to turn down requests from my bosses (and boss' bosses). But I've always done it with a specific policy in hand and complied as soon as the policy was met. So I find myself feeling rather uncomfortable with how this case proceeded and eventually turned out. But I find your insight fascinating and really appreciate you taking the time to describe the issues you and the rest of the jury had to tackle.

    58. Re:Perspective from a Juror on this Case by _Sprocket_ · · Score: 1

      I'm glad you brought this up, because going through this trial I learned a lot about how -not- to lock down a network if you don't want to end up in this same scenario.

      I would argue that he did a great job at making a very tamper resistant configuration. If I had to deploy sensitive gear in unsecured locations, I'd likely do a lot of this as well. However, I would also seek out a way to ensure I wasn't the only one who could access everything. A proper escrow and associated policy would have been key to turning this configuration from suspect paranoid to high thought out and well executed.

    59. Re:Perspective from a Juror on this Case by tarp · · Score: 0, Flamebait

      Okay, then why would the jury vote to convict him, if it would have been better left for an employment issue?

      I get the feeling you have never spent a day in jail. If you knew what it felt like, you'd probably have decided differently.

    60. Re:Perspective from a Juror on this Case by tomcat47 · · Score: 1

      Thank you very much for your response. You're right that the version of password recovery on the edge routers is a new version of the procedure. Your post leads me to some still unresolved questions. First, did Childs admit to or otherwise confirm that he set up the network this way, with startup-config files erased from nvram on the core 6500 switches and with no configs loading from a server? I ask this because this seems like a very risky way for a skilled network engineer to set up such a system. If a power outage or any other event caused these core 6500 switches to be rebooted, then those switches would inevitably be down until Childs could remote in over the modem and paste the config files back into the devices. Since he was the only person with both access to the switches and access to backups of the config files, in a best case scenario there would be a delay in getting those switches back up after a reboot, even longer if Childs was not close by to a place where he could connect to the modems if and when such an event might occur. Given that the city made a number of claims that were questionable during this case (especially the whole claim about VPN passwords during the bail hearing), and given how risky, and seemingly foolish this setup would be for a lone, highly skilled network engineer who had no backup, did either Childs confirm he set up the system this way, or did the city offer concrete proof that he set it up this way?

      Second, if Childs had been the only one with access to the FibeWAN routers and switches, so that no other person had the ability to log in to the routers and switches to see how they were configured, and no one but Childs had access to logging information for the FiberWAN devices, and no one but Childs had seen backup copies of the config files for the core 6500 switches, how was the city able to know that the 6500 switches had been set up as claimed with the startup-config files erased and password recovery disabled? Did Childs admit that to someone previously? If not, were they using psychics? Can you shed some light on how the city knew this?

    61. Re:Perspective from a Juror on this Case by SvnLyrBrto · · Score: 1

      > Slight paranoia?

      What you described strikes me as well beyond "slight". That level of paranoia says "mentally ill" to me.

      I didn't think he belonged in jail before. And his mistreatment is beyond appalling to me now. He needs help, not prison.

      I hope you're proud of yourself.

      --
      Imagine all the people...
    62. Re:Perspective from a Juror on this Case by Anonymous Coward · · Score: 0

      However every member of society has every right, while on any jury, to judge not only the facts of the case, but the law and how they are being applied. This is the ONLY real safeguard to a free people, and the real power of the Jury.

      You are so wrong that it is ridiculus. The American system with jury nullification and the possibility to political pardons conserve bad laws.

      The next time someone stand trial for breaking the same unjuste law in a similar manner, he/she will likely be sentenced. Yes, there is the system of legal precedence, but it doesn't work unless you are increadibly lucky and have a lawyer that is skilled or lucky enough to find that precedence. Since the precedence system is not working, amn individual is sentence based on how sympathetic he/she is or how enlightened the jury happens to be.

      I'm Swedish and in Scandinavia we have a rather different kind of legal system, it has been working rather well in at least two thousand years of uninterupted use and is constantly evolving into something better and simpler. In Scandinavia the law is the law, there is no pardon, there is no jury nullification or any other means of avoiding the law, not even during rules of tyrants they could do something that would break the laws without being punished, the only way even a tyrant could avoid a law was to first change it (they were tyrants after all), and if a law was changed, it was changed for everybody. The rulers (during the use of this legal practice the governement of Scandinavian countries have first been democraticaly elected, then tyrants, then constitutional monarcies with semidemocratic nationall assemblies (but with some tyrants in rule periodically) and finally democraticaly elected again) can only make the laws, the political branch of the government have been completely separated from the execution of the law.

      How is this good. Since nobody can avoid the law the motivation to change a "bad" law is greater. If there is a "bad" law, sooner or later someone with enough means (may be political influence, someone who gets sympathy from the media or public opinion, or simply someone with a lot of stamina) to change it is hold before it and then it will be changed. On the other hand, if someone with much influence is hold before a "good" law, then it doesn't matter how much influence he/she has, he won't be able to change the law because then it will change for everybody and the consequenses will be very widespread and not even the most corrupted polititians want to face that, and he/she can't be pardoned by being chummy with either a king, a president, a governor, a jury or anybody else.

      Scandinavian laws is getting clearer, more precise and usually less verbose with every iteration (those Scandinavian countries that are part of EU get a lot of "junk laws" from that pile of political shit; EU laws is usually deliberatly unclear so that politicians involved with them can use them to win points in he public eye; since there is more of leeway in the execution of laws in other EU countries, the uncertainties won't be as much of a problem there). Juridical precedence is in practise shortlived (they may effect future changes of laws, but they have a very short life span in the court system). If a law is unclear in some case, then a higher court will make a decision what to do in that particular case; then it will usually end up on the table of an expert panel (in Sweden and Norway these usually include private organisations that are involved in the matter at hands) that will prepare the law to be more clear; and finally it ends up in the national assembly to replace the old law. The process is very transparent and usually well covered by the news media (some things are unfortunatly "too boring" to be widely reported by media).

    63. Re:Perspective from a Juror on this Case by randyleepublic · · Score: 0

      >> He locked down the network to a point that ensured he would be required for its management, even to the point that some attempts to gain access by other people would have brought the network down.
      And who instructed him to do or not do that? Nobody, right?
      BengalsUF, you have done a masterful job of defending your ability to disable your conscience. You should have been a lawyer at Nuremburg.
      Terry Childs is a guy who got in trouble while young, got out, learned a productive trade, became obsessed with being as good at his trade as he could possibly be so as to never have to return to the badness in his youth, was given full reign to express that obsession however he wanted, and then when suddenly his whole life *as he saw it* was crashing down around him, pulled into his shell and became uncommunicative in abject fear. Once he was in a situation where he was sure no one could fault him, the presence of the mayor, he came back out of his shell and communicated. Did he harm the network? No. Was there some vaguely constructive "denial of service?" Perhaps, but you, BengalsUF, know in your heart what you did was wrong, why not just admit it? Confession is good for the soul. Yes, you just did your job as you were instructed to. You were *told* what was right and what was wrong, but you knew that what you were being told was right, was, in truth, wrong: it would cause a wrong to be committed. Yet you went ahead and "just did your job". Sorry about all the Godwinisms, but if the shoe fits...

      --
      Social Credit would solve everything...
    64. Re:Perspective from a Juror on this Case by lena_10326 · · Score: 1

      If I only had a nickel for every slashdot post mentioning "jury nullification" on articles regarding legal matters...

      --
      Camping on quad since 1996.
    65. Re:Perspective from a Juror on this Case by tungwaiyip · · Score: 1

      Thank you for sharing all the detail with us. This helps a lot as there are so much misinformation in the media. For all the misstep Mr Childs has made, I feel really bad for him. He has spent 2 years in jail already while other the drug dealers walk free and make loads of money. This is just not right.

    66. Re:Perspective from a Juror on this Case by tungwaiyip · · Score: 1

      One more question I hope you can clarify. I believe there is a lot of misinformation about this case in the media. But the most critical issue goes like this (quoted from sfgate):

      Newsom testified that the city had been "in peril" because officials were blocked from access to police records, payroll data and other information.

      The idea is he has brought down the city network and cut off certain department from access. But a conflicting account from more technical source is that the city network is fully functional, only that IT is unable to administer the network. Which one is a more true picture?

      This probably won't change the verdict. But the public (and the mayor) should get a clearer picture on the actual extent of the problem before making their judgement.

    67. Re:Perspective from a Juror on this Case by joekool · · Score: 1

      I think you meant 3750--just about the only difference being that the 3650 isn't stackable, and the 3750 is.

      Gee, can you guess what my day job is!?

      --

      Slackware: old school feel, new school gear.
  120. Re:Poor jerk. by ScrewMaster · · Score: 1

    Apparently it cost the city 200,000 dollars they wouldn't have had to spend. He caused a trial that cost more money. I'd say he did quite a lot of damage to the city and I call that detrimental. Yes a city works slightly differently that a corp. Not much at his level.

    Yes, but did he cause that, or did people looking for a scapegoat do that. They wanted him to break their rules ... had he broken them, he'd have been crucified. He didn't break them, and he still got crucified.

    --
    The higher the technology, the sharper that two-edged sword.
  121. Re:Poor jerk. by ScrewMaster · · Score: 2, Insightful

    This would be cheaper than prison, by a LONG way, be far more likely to be effective, AND would be more likely to increase his value to society (whereas prison rots skills and therefore decreases value).

    Besides, taking someone with technical skills who, by the sound of it, has strong ethics and unfairly convicting him of a felony computer crime isn't particularly smart. When he gets out, he's not going to have much respect left for government, and as an ex-con probably won't be able to get legitimate work in his chosen field. Great way to turn an otherwise honest guy into a white-collar criminal.

    Brilliant. Just brilliant.

    --
    The higher the technology, the sharper that two-edged sword.
  122. Re:Poor jerk. by ScrewMaster · · Score: 1

    The only trial I was a juror on, we had some people convinced of guilt, even though a few key points did not seem to be proven. They were amazed that the rest of us did not feel the same way. At point one juror said "this guy is an idiot, even if he's not technically guilty of this he's guilty of something!"

    All I know is, if I'm ever on trial, I'm not likely to be judged by a jury of my peers. That applies to most of us here on Slashdot.

    --
    The higher the technology, the sharper that two-edged sword.
  123. Re:Poor jerk. by jedidiah · · Score: 1

    It's a wonderful little bubble you live in where "Jerk" means that a guy should get 5 years in prison.

    The Taliban has nothing on you.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  124. Re:Poor jerk. by Neoprofin · · Score: 4, Insightful

    This is a post written by someone who has clearly never actually been to a country with corrupt police, and having been to a few my self I was quite happy to get back to Western Europe/N.A. where people don't realize just how lucky they are that bribery is something we talk about on TV not the only way to accomplish anything.

  125. better yet by unity100 · · Score: 1

    s/he should be given the guy's job, so she will have to cope up with stupid managers.

    1. Re:better yet by BengalsUF · · Score: 4, Informative

      I am that network engineer that was on the jury (see long post further down).. His manager was an idiot, but I have worked for worse, including one that was put on medical leave for psychiatric issues after people learned he was bringing a gun to the office. I understand what it's like to work in a situation like that. However, if I am brought into an office with my manager's manager, an HR representative, and two police officers, and asked to provide access (important keyword -- access!, not my personal password), you can bet I would feel the situation unfair but I would provide that access.

    2. Re:better yet by Cederic · · Score: 1

      I'm curious. If you think he's guilty of a crime, can you explain what that crime was and why he was guilty?

      Everything I've seen implies that he was following his employer's guidelines on password secrecy.

      Further to that, once sacked how can he possibly be obliged to divulge passwords?

      This feels like a stitchup, and yeah, I'm holding you partially responsible. So please, help me understand why I'm wrong.

    3. Re:better yet by Anonymous Coward · · Score: 0

      I'm curious. If you think he's guilty of a crime, can you explain what that crime was and why he was guilty?

      BengalsUF's getting lots of repeat questions, so I'll quote him.

      His representation was very good and did a great job in presenting his defense. However, the prosecution was also very good and presented some pretty damning evidence. The law that he broke was a section CA Penal Code 502, specifically that he disrupted or denied computer service to an authorized user and he did so without permission. We had legal definitions provided for many terms, including "computer service" and from this we were able to determine that the ability to manage or configure the routers and switches of the FiberWAN is a "computer service". So, in a nutshell, he broke the law by denying to the COO and others within the IT group the ability to manage those routers when ordered to do so.

      see hereAs he says, Terry Childs entirely refused to give them access by any means.

    4. Re:better yet by BengalsUF · · Score: 4, Informative

      The law he violated was CA Penal Code 502. That code deals with denial of computer service. He was the only person with access to a large and critical computer network. He was being reassigned and would no longer be working on that network. Obviously, you cannot have a network with no administrator(s) to manage or maintain it. He refused to provide access to that network. Not just simply refusing to tell his passwords, but refusing to provide access at all, even configuration backups. Furthermore, he configured the network in a manner which prevented any attempts to access it or reset the passwords, and in a few scenarios those attempts would have even brought the network down.

      There were no formally adopted policies for computer or network security. Even then, there are common sense guidelines in the IT industry about sharing your password. But what common sense guideline is there that if you are assigned off of a project, you should then lock out the ability of anybody else to administer it?

    5. Re:better yet by Anonymous Coward · · Score: 1, Interesting

      If you're really one of the jurors... I had thought that maybe there was some extra information that the Jury was privy to that just wasn't in the news reports. Something else that he'd done, some explicit threat he'd made rather than just paranoia on the part of the city employees ganging up on him. But it looks like there's nothing.

      So, as a juror in this case, can we ask you some questions? Frankly, I think it would be great if they'd do a Slashdot interview story with you and any other jurors who'd care to answer. But if you could answer some questions here, it would be great.

      First of all, the relevant bit of the law, skipping the definitions section and punishments:

      (c) Except as provided in subdivision (h), any person who commits
      any of the following acts is guilty of a public offense:
      (1) Knowingly accesses and without permission alters, damages,
      deletes, destroys, or otherwise uses any data, computer, computer
      system, or computer network in order to either (A) devise or execute
      any scheme or artifice to defraud, deceive, or extort, or (B)
      wrongfully control or obtain money, property, or data.
      (2) Knowingly accesses and without permission takes, copies, or
      makes use of any data from a computer, computer system, or computer
      network, or takes or copies any supporting documentation, whether
      existing or residing internal or external to a computer, computer
      system, or computer network.
      (3) Knowingly and without permission uses or causes to be used
      computer services.
      (4) Knowingly accesses and without permission adds, alters,
      damages, deletes, or destroys any data, computer software, or
      computer programs which reside or exist internal or external to a
      computer, computer system, or computer network.
      (5) Knowingly and without permission disrupts or causes the
      disruption of computer services or denies or causes the denial of
      computer services to an authorized user of a computer, computer
      system, or computer network.
      (6) Knowingly and without permission provides or assists in
      providing a means of accessing a computer, computer system, or
      computer network in violation of this section.
      (7) Knowingly and without permission accesses or causes to be
      accessed any computer, computer system, or computer network.
      (8) Knowingly introduces any computer contaminant into any
      computer, computer system, or computer network.
      (9) Knowingly and without permission uses the Internet domain name
      of another individual, corporation, or entity in connection with the
      sending of one or more electronic mail messages, and thereby damages
      or causes damage to a computer, computer system, or computer
      network.

      And, also, subdivision (h), since it seems relevant in this case:

      (h) (1) Subdivision (c) does not apply to punish any acts which
      are committed by a person within the scope of his or her lawful
      employment. For purposes of this section, a person acts within the
      scope of his or her employment when he or she performs acts which are
      reasonably necessary to the performance of his or her work
      assignment.
      (2) Paragraph (3) of subdivision (c) does not apply to penalize
      any acts committed by a person acting outside of his or her lawful
      employment, provided that the employee's activities do not cause an
      injury, as defined in paragraph (8) of subdivision (b), to the
      employer or another, or provided that the value of supplies or
      computer services, as defined in paragraph (4) of subdivision (b),
      which are used does not exceed an accumulated total of two hundred
      fifty dollars ($250).

      So, first of all (5) seems to be the relevant part of this law that Childs was convicted of. Did you convict solely on that part of the law, or was there some other part that you believe he is

    6. Re:better yet by indiechild · · Score: 1

      You sound like a fair, reasonable guy. Thank you for your jury service.

    7. Re:better yet by BengalsUF · · Score: 5, Informative

      I'll try to answer all the questions you presented. Yes, the relevant part of the law we convicted on was 502(c)(5). We were not even presented with the other portions of the penal code listed above. Specifically, he denied computer service to an authorized user without permission. The specific act here was not providing access to the FiberWAN routers and switches upon the request of the city's COO. For the permission part, he did not have any permission from anyone to not provide that access. We looked through the evidence for anything that would indicate that he had permission to deny access to an authorized user, but there was no such evidence. There was evidence, however, that it was part of his job duties to provide that access to authorized users.

      "Computer services" is one of several terms with which we were provided specific, legal definitions which we were to follow. The computer service in question which he denied access to was the management and maintenance of the FiberWAN routers and switches themselves. Authorized users was one of the harder points to distinguish in this matter because there really was no formalized process to authorize or deauthorize users. However, we came to the conclusion that he knew that the person asking for access was authorized to obtain that access. This was made evident by many of the emails we had in evidence. Further, at this point, he had not been fired, but did know that he was being reassigned. Also, if they had not been authorized users, but he had given the passwords, he would not be guilty of the other sections because his actions would then have been both permitted, and within the scope of his employment because he was following the directives of his superiors. The fact that he eventually did relinquish the passwords to the mayor, I think, shows a continuation of past behavior in which if he didn't get what he liked he would simply go to the next higher person in the chain.

      His actions were definitely not within the scope of his employment. We examined his job description, performance review, and many other documents to determine this. In fact, we determined that one of the main aspects of his employment was to maintain the stability and resiliency of the network he supported, and his actions actually were doing the exact opposite. Configuring a network to have no console access, to have the core routers come back from a power failure with no configuration, hiding the backups in locations unknown and encrypted -- these are all things that seem to go against what he was supposed to be doing in his work assignment.

      There was a central password database (TACACS) in this case, that could have definitely been used here, but that really didn't play a large role in the deliberations.

      I think the law fits this situation. I don't think anyone had really thought ahead that this type of situation would come up when it was written, but it certainly does fit. We were beyond a reasonable doubt. We actually brought that up many times as we wanted to make sure of that, and we many times did search through evidence and found things that did reinforce that.

      Terry Childs was treated far worse in this matter than he should have. Personally, I think once he gave up access to the mayor, they should have dropped the charges, and at worst charged him with some sort of misdemeanor. From what I understand after the case, the bail was set so high because they were afraid if he was not in jail, he would have some sort of hidden access to the FiberWAN and would do something to damage it. However, I don't see why that bail couldn't have been reduced after the access was provided and other engineers cleaned everything up and made sure it was safe. The money that the city spent was actually spent before access was given to the mayor. This money was spent on recovery efforts by Cisco and other in reasonable efforts to regain access to the devices.

      I know it seems like a clear cut case of office politics, and that's what I thought too before

    8. Re:better yet by Anonymous Coward · · Score: 2, Insightful

      Definitely not an attorney. I just went and read the actual statute. This is slashdot, we rarely ever even bother to read the article. Thank you for your responses on this.

      I have to say, it's amazing how many issues one run-on sentence in a legal statute. Personally, I still think that you collectively made the wrong call on this. Not as a matter of compassion or as a matter of balancing the scales against some clear injustices on the other side as many have suggested. Two things bother me. The definitions of authorized users and of denial in the context of this law.

      You've addressed the authorized user question fairly extensively, but I still don't agree. You determined that Childs at one time believed his boss' boss to be an authorized user, but I think it's still reasonable for him to cease believing that his boss is an authorized user. At least to such a degree that there's reasonable doubt that he knowingly denied access to an authorized user. As others have said, if it took that long to work it out, how could Childs really have been sure. Especially given his apparent belief that incompetence was sufficient to disqualify a user from being authorized.

      The issue of denial is the real biggie for me. I read that law and see the section that boils down to denial of computer services. In my mind, I have a very clear idea of what a denial of service attack is in the context of computer services and it's active, not passive. I keep thinking about what the situation would have been if he'd just quit and moved to Wyoming, etc. The law seems to be for attackers, not people who just cease to be helpful.

      Here's a thought experiment from another post: Bob is a network administrator. Bob sets the password for the network but doesn't write it down directly. Instead, he just writes down a reminder. Bob gets hit by a bus, and the only thing everyone has to go on is a scrap of paper that says "the private nickname I had for my first girlfriend". So, they track down his first girlfriend and ask her what the password is. For her own reasons, she refuses to tell them, even after they prove to her that they are authorized users. So, based on this law, she is knowingly and without permission disrupting or causing the disruption of computer services or denying or causing the denial of computer services to an authorized user of a computer, computer system, or computer network. Using the definition of that law that was used to convict Childs, she would be just as guilty as Childs has been found. The only thing in the law that she might be able to argue is the permission bit, but clearly she doesn't have permission from anyone to deny them access to their network (as senseless as that is in this context, it's a hundred percent true), so she's a felon. The fact that she's not an employee of the owner of the network doesn't seem to protect her under this law. Employees get a little extra protection than her, in fact.

      I just don't know anymore. It seems like more and more things are becoming life-destroying crimes that would have once been handled in-house or as civil matters or just not been crimes. Violation of computer use policies. Children looking at each other naked. Letting the kids have an unsupervised party. All manner of copyright violations. Being rude to flight attendants. So on and so forth. I may just be suffering from curmudgeons disease, but it seems like we're getting less and less free in just about every way. This case especially rubs me the wrong way because it hits so close to home.

    9. Re:better yet by MECC · · Score: 1

      It would seem that if you define privileged access as a computer service, then denying the passwords would sort constitute a 'denial of service to an authorized user'. However, the language regarding "performs acts which are reasonably necessary to the performance of his or her work assignment" is relevant too.

      Giving privileged access to core network equipment to unqualified persons is more than highly dis-recommended and its best practices to avoid this in all situations. In other words, it is reasonable not to give privileged access to people known not to have the qualifications to make changes. I don't know if the fiberWAN was carrying critical services like VoIP for example, but if it was, granting privileged access to anyone who might attempt to make changes could easily, if not likely, cause severe outages. Perhaps in that case, childs' granting of access resulting in outages might not be his fault, but the fault of whoever might try making changes. Maybe. At this point its not clear that network engineers have that protection, and this decision may burden the profession itself with a liability that confers no benefit to either admins or users.

      Many Cisco commands take effect immediately, and in many cases access can be lost and widespread outages can easily result from a change that nobody, including cisco, would reasonably expect to cause an outage. Granted, childs painted himself into a bad corner at every opportunity (and in a way, his profession as well), and while he's clearly guilty of withholding information that didn't belong to him, for the question of denial of service to have been decide the way it has conspicuous negative side effects for the entire profession.

      Its clear the law was written for those instances when deliberate malicious activity denies access, but this decision so broadens what malicious is such that for professionals managing critical services like networks carrying 911 traffic, a battery of lawyers will be required before anything can be done at all (which is actually not far from the case now - I know network admins who insist on legal waivers from customers for VoIP networks due to 911 liability issues). This obscures what malicious is in a profession already hard for anyone outside the specialty to understand in the first place. Court rulings should clarify such definitions for the precedent set to actually be constructive. This precedent isn't useful at all, and has tremendous potential for abuse.

      Yes, childs is partly to blame, but he shares that with the city and the way the court chose to apply this ordinance. Really, nobody won here, but everybody managed to lose.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    10. Re:better yet by WarlockD · · Score: 1

      Thing I have learned about law is sometimes the news media over blows it a bit. From what I read about Terry is that maybe he had some issues, but these issues were serious enough to fire the guy.

      After reading all the information from BengalsUF, I can honestly say I would reach the same concision. There are many, rational, methods he could of given access to the routers, but he didn't. But to be honest, if he was rational, he might never of been reassigned in the first place.

      The example you cite above can't be used because its not absolutely clear she has the password AND that she knows this is an authorized person to give it to. (That was the main crux of the Terry case, as I have read) There is no way to prove she was preventing an authorized user from accessing the system as she, herself is not one.

      The problem is wither this case will be used in a more ambiguous incident. Lets say Bob gets hit by a bus, but recovers but has partial amnesia. He doesn't want to lose his job, so he doesn't tell anyone he have forgot all the recovery/console passwords. A year later is told that he needs to give the company the passwords as he is being reassigned. Unlike the Terry case, there are ways to non-destructively recover the passwords but the company can easily press charges BECAUSE the Terry case was successful.

      I believe the law AND justice was applied correctly to Terry Child's. However, the problem is everyone thinks law and justice should be EVENLY applied in all circumstances, especially recently. Even the Supreme Court has been doing very VERY narrow definitions, I believe more to avoid this kind go generalizing rather than partition politics.

    11. Re:better yet by gcrain · · Score: 1

      It would appear you do not understand much about the purpose of trial by jury. If your job was to do what the judge told you there would be no reason to have juries. "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision you [juries] have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy". — First Chief Justice John Jay State Of Georgia v. Brailsford (1794)

  126. Re:Poor jerk. by biryokumaru · · Score: 1

    It's funny because I just came across the same thing a few moments ago, see? Thank you muchly, nonetheless!

    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  127. Re:Poor jerk. by rhook · · Score: 1

    The police do not have the authority to force you to disclose passwords. You see, here in the US we have these things called rights.

  128. Re:Poor jerk. by Daengbo · · Score: 1

    Or execute you on the spot and then plant drugs on you, like the Thai police did during the former PM's "war on drugs." I'm sure it happens in the U.S. once in a while, but not to a thousand people in a year.

  129. Re:Poor jerk. by Grishnakh · · Score: 4, Insightful

    The police do not have the authority to force you to disclose passwords. You see, here in the US we have these things called rights.

    I think Terry Childs would disagree with you. He didn't tell the police his passwords, and he went to jail for 5 years.

  130. Re:Poor jerk. by jc42 · · Score: 1

    His direct bosses don't make the rules, the elected officials do. The difference is crucial. Furthermore, his following the rules was not to the detriment of the city.

    All true, but apparently irrelevant. He was convicted.

    The main lesson from this seems clear: Don't even consider taking a job in which you're responsible for the computer security. If something goes wrong, you can go to jail. If nothing goes wrong, you can still go to jail. Specifically, if a superior orders you to violate the published security rules, and you obey, you can go to jail for not following orders; if you don't obey, you can go to jail for violating the published security rules.

    There's only way to win this game is to not play. If they want secure systems, let them do the security themselves.

    Yeah, I know; that attitude is why we are having so many stupid computer security problems. But I also know that if the people in charge wanted the problems fixed, they'd be rewarding the people who try to do it right. This is just the latest of a long string of examples in which they punish the security people for doing the job they were hired to do. You and I can't fix this general problem. So we should stay out of the line of fire. When they finally decide to get serious about fixing the security problems, we can talk to them, and maybe help them. But only if we can get detailed contracts saying what we can and can't be punished for.

    Until then, the safest approach is to not be hired as a security person.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  131. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  132. Re:Poor jerk. by Omnifarious · · Score: 2, Insightful

    I was speaking metaphorically. I meant criminal. And, in my opinion, it's a gross miscarriage of justice to make someone pay for their own prosecution. It's basically punishing them for not pleading guilty and trying to defend themselves. That would have the effect of causing a lot of innocent people to plead guilty.

    Of course, plea bargaining already does that, and in my opinion is a strong argument against plea bargaining. They all come from the mindset that a conviction is better than justice.

  133. Re:Poor jerk. by Anonymous Coward · · Score: 3, Funny

    I agree. The government should impanel special juries comprised of Geek Squad technicians and entry-level LAMP developers just so that Slashdotters can be judged by their "peers".

  134. One question. by Anonymous Coward · · Score: 3, Interesting

    During the time Childs was an employee, did the people requesting the passwords have authorization to do so?

    1. Re:One question. by BengalsUF · · Score: 5, Informative

      This was one of the most difficult questions for us to answer. Specifically, who is an "authorized user", and who determines who those people are? I won't go through the mounds of evidence we went through to get beyond any reasonable doubt on this issue, but we did ultimately determine that the person requesting the access (his boss' boss) was an authorized user and should have access upon requesting it.

      One really important thing to note here is that it wasn't a concern that he did not provide "his" passwords. The real problem is that he did not provide access -- in any form, even in the form of creating new accounts for those requesting it.

    2. Re:One question. by Aphoxema · · Score: 2, Interesting

      This was one of the most difficult questions for us to answer. Specifically, who is an "authorized user", and who determines who those people are? I won't go through the mounds of evidence we went through to get beyond any reasonable doubt on this issue, but we did ultimately determine that the person requesting the access (his boss' boss) was an authorized user and should have access upon requesting it.

      One really important thing to note here is that it wasn't a concern that he did not provide "his" passwords. The real problem is that he did not provide access -- in any form, even in the form of creating new accounts for those requesting it.

      If it was so fucking hard for you to figure it out in five months what chance did Mr. Childs have in a stressful environment under coercion?

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    3. Re:One question. by nomadic · · Score: 1

      If it was so fucking hard for you to figure it out in five months what chance did Mr. Childs have in a stressful environment under coercion?

      Oh please; the jurors were coming into the case without knowing anything about it, Childs was intimately knowledgeable about the system AND the bureaucratic apparatus running it. If the COO isn't an "authorized user" then who do you think is?

    4. Re:One question. by Anonymous Coward · · Score: 0

      But did Childs "know" that his boss' boss was an authorized user if the work environment was as bad as you say, because he has to knowingly deny access to an authorized user. Also, I'm really curious about the definition of denial. The statute doesn't define it, which seems really unfortunate, since an actual computer tampering denial of service is very different than simply refusing to give someone a password.

    5. Re:One question. by L1feless · · Score: 1

      In some of the documentation I have read on this trial there was mention that his boss' boss requested the passwords in a public forum with others either listening via conference call, or physically in the room or both. Those other people may have been their at the boss' boss request but I would argue they were not authorized personnel. Especially if they were listening in via a conference call. You have no idea who is on the other end of that phone or in their area listening in. I cannot find information specifically on the law which Terry Childs was being charged under but does it mention what methods of communication can be used by those Authorized Personnel to request or obtain passwords? With Evolving technologies I know this will be difficult to define specifically but I would assume some wording around secure methods of communications must be used. I suppose I would pose an alternative question to the comments above. If Mr. Child's gave those passwords in that open setting (assuming that is how they were requested) and something went wrong. Would these same laws protect him from prosecution? If the answer is 'No' then since there was no readily available policy stating who was actually deemed an "Authorized user" then I think it was a fair judgment call to request the password be given to the mayor who I understand to be his Boss' Boss' boss as the current setting was not deemed secure.

  135. Re:Poor jerk. by anagama · · Score: 2, Insightful

    Hey, give 'em time. Our cops and government are still learning the ropes.

    --
    What changed under Obama? Nothing Good
  136. Re:Poor jerk. by darkpixel2k · · Score: 1

    I'm sure it happens in the U.S. once in a while, but not to a thousand people in a year.

    Maybe you should start reading Injustice Everywhere. It is thousands every year.

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  137. Re:Poor jerk. by Nyder · · Score: 1

    The police do not have the authority to force you to disclose passwords. You see, here in the US we have these things called rights.

    I think Terry Childs would disagree with you. He didn't tell the police his passwords, and he went to jail for 5 years.

    Really? dude already did his 5 years?

    Hey, next time read the article before you spout whatever you want.

    He's been in jail for 2 years, and his sentence is actually 2-5 years.

    Most likely, he's going to get timed served.

    But he hasn't been in jail for 5 years, so next time learn to read.

    --
    Be seeing you...
  138. Re:Poor jerk. by Protoslo · · Score: 1

    One juror, Jason Chilton, also a network engineer, said the law Childs was accused of breaking -- knowingly disrupting computer services or denying those services to an authorized user -- is "very specific," and though no services were actually disrupted, "he denied that access."

    Chilton, however, said Childs' supervisors at the Department of Technology were also to blame. He said they "did everything wrong that they possibly could," citing "ineffective management and no formalized policies and procedures" for dealing with employees in such situations.

    "If the city were on trial, they'd probably be guilty of a lot of stuff too," Chilton said.

    Ultimately, Chilton said, Childs "didn't follow the law, which was the basic thing that it came down to."

    Telling the police the passwords wouldn't have changed anything, the deed was already done when he was arrested. And I guess we can dismiss all the Slashdot "Well, if they selected technical people for juries," arguments as well. It sounds like Childs came across as such an asshole that the jury crucified him. It would hardly be the first time that happened.

    Another juror, Amy Heine, said Childs seemed both egotistical and "paranoid."

    "He was intelligent enough to know what he was doing, was heading in a very dangerous direction," she said.

  139. 1 in 3 San Francisco employees earned $100,000 by vaporland · · Score: 1

    this article has more SF douchery. A good friend of mine was a paramedic for the city of SFO. Her ambulance was broadsided and her back was injured, and she was let go and had to fight for severance.

    She knew more than one firefighter who was injured on the job and was let go with minimal compensation, and ended up homeless in the Tenderloin district.

    Unless you are one of the six-figure privileged, you need to watch your back as a city of San Francisco employee...

    From the San Francisco Chronicle this week:

    More than 1 in 3 of San Francisco's nearly 27,000 city workers earned $100,000 or more last year - a number that has been growing steadily for the past decade.

    The number of city workers paid at least $100,000 in base salary totaled 6,449 last year. When such extras as overtime are included, the number jumped to 9,487 workers, nearly eight times the number from a decade ago. And that calculation doesn't include the cost of often-generous city benefits such as health care and pensions.

    The pay data obtained by The Chronicle show that many of the high earners bolstered their base pay with overtime and "other pay," a category that includes payouts for unused vacation days and extra money for working late-night shifts.

    Leading 2009's $100,000 Club was the Police Department's Charles Keohane, a deputy chief who retired midyear.

    His total payout was $516,118, city records show, the bulk of which came from cashing out stored-up vacation, sick days and comp time. Several other police employees who changed rank or retired also saw their annual earnings swell.

    When asked how he felt about landing in the No. 1 spot, Keohane joked, "Not so good, if it's going to get my name in the paper."

    The 36-year SFPD veteran, whose last assignment was head of administration, said much of that pay was taken out in taxes. "I helped reduce the deficit," he said.

    The average city worker salary in San Francisco is $93,000 before benefits, according to Deputy City Controller Monique Zmuda. The data take into account everyone from park gardeners and street cleaners to attorneys and technology specialists.

    Almost 100 city employees made $200,000 or more in 2009; six bumped past $300,000 when overtime and other cash-outs were included.
    Muni chief's base pay

    Only one city employee had a base salary topping $300,000. Nathaniel Ford, executive director of the Municipal Transportation Agency, made $332,489.

    Mayor Gavin Newsom had a base salary of $250,903 in 2009, which put him 29th on the list of best-paid city employees.

    The ballooning number of highly paid workers is driven by several factors, including inflation, a persistent reliance on overtime and generous contracts in a city known for its politically potent unions.

    The city also negotiated a deal to give raises to some workers who agreed to pick up a portion of their pension contributions, City Controller Ben Rosenfield said. That arrangement pushed almost 2,000 city employees above the $100,000 mark in recent years, he said.

    In years past, the $100,000 Club included large numbers of Muni operators, transit supervisors, firefighters, police officers and sheriff's deputies who padded their paychecks with hundreds of hours of overtime, paid out at a rate of time-and-a-half.

    But a 2008 rule capped most employees' overtime to 30 percent of base pay, in effect spreading out overtime opportunities to more employees, Zmuda said. That and other efforts to curtail overtime appear to be working, with payments projected to drop to $139.8 million this fiscal year, down from $142.1 million last year and $167.7 million the year before, according to the controller's office.

    In the fiscal year that ended in June 2009, city salaries accounted for $2.5 billion of the $6.6 billion budget. That does not include the cost of benefits.

    Faced with a $483 million deficit heading into the new fiscal year that

    --
    Ask Me About... The 80's!
  140. Re:Poor jerk. by Nyder · · Score: 1

    It was very probably being a jerk that got him convicted - people are much more likely to convict the headstrong than the guilty. I don't know if he really was guilty of anything, I've not really examined the evidence, but it's a well-documented psychological flaw of individuals that looks and personalities have a far far greater bearing on who is convicted than the actual evidence itself. There is no fix for this bug that is not worse than the bug itself.

    Even if he were guilty, his real "crime" would be being a little too uptight, perhaps being an a-hole a little too often, and maybe being a little obnoxious. Note that these are only true if he actually is guilty of something. I fail to see how a purely punitive system is going to be useful in correcting these issues, which are not uncommon amongst those with Geek Syndrome (aka Asperger's). In the same way drunk drivers are sometimes ordered to attend AA meetings, the most suitable punishment (again IF he is guilty) would be to require him to attend an Asperger's group and/or get checked-out by a pdoc for some sort of treatment regimen. (Asperger's is not, technically, treatable but CAN aggravate other problems that are.) This would be cheaper than prison, by a LONG way, be far more likely to be effective, AND would be more likely to increase his value to society (whereas prison rots skills and therefore decreases value).

    I like what your saying, but the problem is, it's bullshit.

    You didn't read the case, you didn't go to the court to see the case.

    Yet your able to make assumptions based on your dislike for peeps that act like jerks.

    --
    Be seeing you...
  141. Newsome and friends are idiots by Anonymous Coward · · Score: 0

    Terry didn't make his case easy, but this trial clearly shows the problems of having a stupid jury decide the fate of someone that believes they are properly protecting their network. Given the results of this trial, no Security officer should ever be subject to firing for giving up their passwords to anyone that claims a position of superiority. It's a sad day. This problem surely could have been settled out of court if the management had a clue.

  142. Re:Poor jerk. by nacturation · · Score: 2, Interesting

    Reminds me of that Feynman story where he goes down in the middle of the night and removes one of the doors. The next day everyone is upset and they demand people swear that they did not do it. So it goes around the room:

    Person 1: "I swear I did not remove the door."
    Person 2: "I swear I did not remove the door." ... and so on. Then it gets to Feynman:

    Feynman: "Yeah, *I* took the door."
    Upset Dude: "Oh, stop kidding around Feynman. Next!"

    Person n: "I swear I did not remove the door."

    Hit point was that afterward, even though he did admit to taking it, at the time they dismissed it as him not being serious and all they ultimately remembered was everybody denying taking the door.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  143. Re:Poor jerk. by nacturation · · Score: 1

    I agree. The government should impanel special juries comprised of Geek Squad technicians and entry-level LAMP developers just so that Slashdotters can be judged by their "peers".

    Hahaha... mod this guy up. You gotta admit, that was good.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  144. Re:Poor jerk. by bigstrat2003 · · Score: 1

    Well, given the example of WW2 (which implies we're talking about German soldiers who were complicit in the Holocaust), I certainly would hope that in a similar situation, I would have the courage to risk an immediate bullet. More to the point, when you are commanded to do something that heinous, I don't consider it too unreasonable to say that someone should be willing to fight it at all costs.

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  145. Don't make the new girl the boss likes cry by dbIII · · Score: 1

    I'm pretty convinced this is all because he stood up to the new security girl that was snooping about with no authority or policy and made her cry. I think he was expected to just quit and make room as other people in that office did.
    Once you get a stupid ambush meeting like the one they dragged Terry Childs into you just can't win, all you can do is give up and minimise the damage becuase there is no way you will be working there anymore.

  146. Boycott San Francisco by Anonymous Coward · · Score: 0

    Boycott San Francisco now! What a horrible violation of civil rights. All Arizonans should be aghast at this.

    Regards,
    Jason

  147. Re:Poor jerk. by Anonymous Coward · · Score: 0

    I have also included messages about IT competence in passwords, with the same thought (that to call me on it would be to admit to storing their passwords in plaintext and then reading them, so it's not going to happen even if they are). The password in that case was just for a certain FTP server, not logon or source vaults. The thing that really pissed me off in was that I repeatedly input perfectly reasonable passwords, which where then rejected with no explanation of what the fucked-up password policy actually was.

  148. The new definition of "jury nullification" by Eternal+Vigilance · · Score: 1

    This is what I believe is even more disturbing than the conviction. The point deserves repeating:

    "The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours."

    So when the government discovers a juror who's convinced of your innocence, they can and will simply replace them.

    This turns "12 Angry Men" from a compelling 90-minute drama into a sick 60-second comedy sketch.

    "I'm not sure he's guilty..." "Bailiff! Remove that man!" (scuffle ensues, Henry Fonda is subdued and removed) "OK, now do we all agree he's guilty?" (in unison) "He's guilty!"

    1. Re:The new definition of "jury nullification" by BengalsUF · · Score: 5, Interesting

      Allow me to elucidate this for you. I won't give the full details, but essentially this juror went into deliberations, had already made up his mind, informed the rest of the jurors that he had thought about the matter on his own and made up his mind, and didn't want to hear anything more about it. This is before we even went through all the questions we were required to examine per the jury instructions! Furthermore, he would not explain his position to the other eleven jurors.

      He was not released for "having his own opinion" or being "a lone holdout". In fact, we welcomed a lively debate from both sides of the argument as that's a necessary part of jury deliberations. He was dismissed for other reasons, including outright refusal to follow the jury instructions and the law as provided to us by the judge.

    2. Re:The new definition of "jury nullification" by Eternal+Vigilance · · Score: 2, Insightful
      Thanks for responding. It appears from your wording you were on the jury. Is that true?

      You say

      essentially this juror went into deliberations, had already made up his mind, informed the rest of the jurors that he had thought about the matter on his own and made up his mind, and didn't want to hear anything more about it.

      And yet you claim

      He was not released for "having his own opinion" or being "a lone holdout".

      It sounds to me from what you've written here that having his own opinion is exactly why he was removed.

      This juror may not have explained his opinion to your (and perhaps other jurors') satisfaction - but unless I'm mistaken jurors are charged to render their verdict, not to satisfy the other jurors.

      This person may have indeed had all the social graces of a rock, or it may have been the case they were being coerced by the mob behavior of the rest of the jury. I don't know, I certainly wasn't there. Important points may be in the full details you chose not to give. And we only have your experience of it - we don't have theirs.

      It sounds like, if you were in fact on the jury, you were taking your responsibilities very seriously. But from what you've said this jury incident sounds a lot like the entire event in microcosm: someone with no social skills stands up for their principles in the face of public pressure to do the expedient thing, and is punished for it.

      I appreciate you taking the time to respond. It was really very helpful and illuminating. Thank you again.

    3. Re:The new definition of "jury nullification" by vegiVamp · · Score: 1

      Yep, network engineer.

      --
      What a depressingly stupid machine.
    4. Re:The new definition of "jury nullification" by steelfood · · Score: 1

      Your use of "we" makes me wonder if you were involved in the case. Were you by any chance among the jury?

      --
      "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:The new definition of "jury nullification" by Anonymous Coward · · Score: 0

      This juror may not have explained his opinion to your (and perhaps other jurors') satisfaction - but unless I'm mistaken jurors are charged to render their verdict, not to satisfy the other jurors.

      Have you ever served on a jury? You do not simply sit through the testimony then go into the back room to take a vote and go home (as is usually shown in TV shows, which typically show enough jury misconduct to get a mistrial declared). When you serve on a jury you are given specific instructions on how to conduct yourself during deliberations. This typically includes a prohibition on guilty/not guilty decisions until after all evidence has been evaluated against the specific wording of the charges against the defendant. Someone who forms a final opinion before evaluating the evidence is in violation of the instructions given by the judge and should be removed from the jury. In this case, it sounds like the juror in question chose to place personal bias above the evidence and the law, which goes against the very concept of justice.

    6. Re:The new definition of "jury nullification" by Anonymous Coward · · Score: 0

      Allow me to elucidate this for you. I won't give the full details, but essentially this juror went into deliberations, had already made up his mind, informed the rest of the jurors that he had thought about the matter on his own and made up his mind, and didn't want to hear anything more about it. This is before we even went through all the questions we were required to examine per the jury instructions! Furthermore, he would not explain his position to the other eleven jurors.

      He was not released for "having his own opinion" or being "a lone holdout". In fact, we welcomed a lively debate from both sides of the argument as that's a necessary part of jury deliberations. He was dismissed for other reasons, including outright refusal to follow the jury instructions and the law as provided to us by the judge.

      Well, if he was a Network engineer, then he already knew how futile it would be to try to explain his reasoning to eleven people who wouldn't understand.

    7. Re:The new definition of "jury nullification" by drinkypoo · · Score: 3, Informative

      He was dismissed for other reasons, including outright refusal to follow the jury instructions and the law as provided to us by the judge.

      A citizen is not required to follow the law. It's called Jury Nullification. On the other hand, not explaining yourself isn't going to work. You pretty much have to know why you think what you think.

      On the other hand, we just have to believe whatever you say, and I'm not willing to do that. This is why no court proceedings should ever be secret. We cannot judge the efficacy of our legal system in that manner. We need to know precisely what happened in the jury chamber to know if this juror should have been removed, or not. The only thing we in fact do not need to know is how each juror voted.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:The new definition of "jury nullification" by Anonymous Coward · · Score: 2, Interesting
      I seriously fail to see how 12 'peers' of an IT professional could have called him guilty based on the public record. Now, with precedent set and the ability to show for a Jury, I fear that Professionalism in IT is now not worth the paper it's written on.

      I'd like to not commit an ad-hominem attack on the Jury, but sadly I cannot understand how 12 right-thinking people came to such a ridiculous conclusion. Unfortunately, people are rarely right-thinking.

      Allow me to elucidate this for you. I won't give the full details, but essentially this juror went into deliberations, had already made up his mind

      You just described the old lady who walks into the deliberation and and says "He's guilty."

      Why?

      "Because his charged with something, so he must be guilty."

      The Jury review is supposed to weed defective things like this out. But it is in the best interest of the prosecution, and horribly immoral, to get as many people who think like this in that Jury box as possible. Next to the 'person awed by the power of something they read in a detective novel' these people are their best friend.

      Humans judging other humans is about the worst possible thing you could ask for. Except for all the alternatives.

      People will trust authority over facts, judge bases on clothing and hairstyle and attitude over facts and ignore anything that disagrees with a pre-existing idea about the world (e.g. their religion.) The selection process is supposed to catch a lot of this. Sadly, stacking the Jury is as old and the Jury trial itself.

    9. Re:The new definition of "jury nullification" by BengalsUF · · Score: 1

      Yes, I was on the jury. I have a much longer post (and responses) further down.

    10. Re:The new definition of "jury nullification" by BengalsUF · · Score: 4, Insightful

      Yes, I was on the jury (see my post further on down). An essential part of jury deliberations is keeping an open mind, explaining your thoughts and opinions, and listening to the opinions of others. This was not the case here. I really won't go into the details on the matter as to not reveal personal information or background on the juror, but not only did he not do those items above, he also refused to follow the jury instructions and the legal definitions as provided by the judge that we had to use in our determination of the facts.

      While you are allowed to look at testimony differently and debate that, you can't decide that a legal definition as provided by the judge is something you don't agree with and therefore won't follow. Essentially, you're supposed to follow the facts and then come to a conclusion. The problem here was that one person had a conclusion beforehand, and wanted to change the facts to fit it. It just doesn't work that way.

    11. Re:The new definition of "jury nullification" by mangu · · Score: 1

      An essential part of jury deliberations is keeping an open mind, explaining your thoughts and opinions, and listening to the opinions of others

      Is this in any law? As far as I know, the only absolute thing in a trial by jury (under the American law) is this: in case of doubt, the accused is innocent.

      he also refused to follow the jury instructions

      This may come as a surprise to you, but THE JURY IS ALLOWED TO DISREGARD INSTRUCTIONS

    12. Re:The new definition of "jury nullification" by tnk1 · · Score: 1

      This may come as a surprise to you, but THE JURY IS ALLOWED TO DISREGARD INSTRUCTIONS

      If you read the same Wikipedia article I did, you'd have seen that Nullification has a very mixed reception in the US and the Second Circuit court did rule at one point that jury members can be removed from the panel if there is evidence that they intend to nullify the law.

      It is probably possible for nullification to occur, but I doubt that it can be done if the great majority of the jury doesn't want to, as in this case. In cases where the jury does want to nullify the law, they simply vote to acquit and stay silent about their motivations.

    13. Re:The new definition of "jury nullification" by Anonymous Coward · · Score: 0

      you can't decide that a legal definition as provided by the judge is something you don't agree with and therefore won't follow.

      False. That is the wool pulled over your eyes by the legal system and people running it.

      Do some research on Jury Nullification.

    14. Re:The new definition of "jury nullification" by randyleepublic · · Score: 0

      Excuse me but don't you mean, "Someone who *tells you that he has formed* a final opinion...

      --
      Social Credit would solve everything...
    15. Re:The new definition of "jury nullification" by randyleepublic · · Score: 0

      >> you can't decide that a legal definition as provided by the judge is something you don't agree with and therefore won't follow

      *Brace for Godwin!*
      You can't decide that a legal definition of this person as a non-person provided by the Comandant is something you don't agree with; you just do your job and turn on the shower!!

      --
      Social Credit would solve everything...
    16. Re:The new definition of "jury nullification" by randyleepublic · · Score: 0

      The decision on law came down to the question of who was "authorized". "Authority" is the root of the word "authorized". From my reading there was no authority, i.e. no written protocol. In that vacuum, Child's decision to withhold the data until in the sole presence of the mayor, however poorly presented, however appearing of selfish motivation, has as much, if not more, validity as any other reasonable course. Pal, you don't send a man to prison for being a graceless churl. You. Just. Don't. I hope that someday you get in a situation where someone is holding a loaded gun to your head and you don't have any idea what to say to make sure that he doesn't pull the trigger. You deserve it.

      --
      Social Credit would solve everything...
  149. Bullshit by Sycraft-fu · · Score: 1

    Sorry but posting as an AC, with no references to what company you are talking about rings extremely hollow. If you truly mean it, and you are truly in a position to make said offer then how come you don't stand behind it? Why don't you post form an account, and name the company?

    Oh, and if your idea of "security" is "Only one guy has the passwords," I think I'd like the name of your company so I can avoid it :P.

  150. Re:Poor jerk. by Daengbo · · Score: 1

    All right, I see tasering, beating, and kicking, but where's the execution? And by execution, I mean on-the-spot, declared-guilty-under-law-and-shot-in-the-head kind, not the "the cop got acquitted in court after a year by a jury of civilians" kind.

  151. Re:Poor jerk. by George+Beech · · Score: 1
    ... Actually he expressly did NOT follow policy.

    All production system-level passwords must be part of the security administered global password management database.

    In fact, if the passwords had been in that database, then he would A) probably never had been asked for them and B) would have been able to say "you need to request access from the security department" Now HE may have thought they were "user" passwords because the system was his baby, but if you truly agree with that ... then well this is going to be like arguing with a religious person about the existence of god.

  152. This is not true. by HBI · · Score: 1

    In IOS, there is a possibility of a single enable password, but that means that there is no AAA and no local usernames specified. That means anyone can gain console access, within the limitations of access lists and the configuration of the vty lines. This is not the norm in anyplace that cares a whit about security. Your statement is disingenuous.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  153. By Neruos by Anonymous Coward · · Score: 0

    If you're a sys admin, you have to leave the system in a state where another sys admin of your level or higher can take over. If you are the ONLY sys admin and you want to leave, then you will disclose this to your replacement after a knowledge share has occured. If you quit and fail to give the passwords back, this is no different then keeping a set of keys or a access badge/card to the server room.

  154. And by mahadiga · · Score: 1

    "Experience is the name everyone gives to their mistakes." --Oscar Wilde

    --
    I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
  155. Physical access by Anonymous Coward · · Score: 0

    As anyone here will tell you: the city had physical access to the ALL of the machines - they can manage any part of it they want and don't need the passwords. They were simply too cheap to pay for his replacement and resetting costs after his boss got the shits. I agree with droopus - this sets a terrible precedent, and we should all be VERY afraid and VERY careful what we say and when. The idiots have us by the balls...

    1. Re:Physical access by Skyshadow · · Score: 2, Informative

      The city didn't have the configurations stored anyplace else, and the routers were configured in such a way as to not allow password recovery. If you look at the list of city services that were being handled by this system, it's not exactly something for which you can simply declare "planned downtime" and go to work.

      What folks here need to get their heads around is that (a) the managers responsible for this system are badly incompetent and handled this in the worst possible way*, and (b) at the end of the day that still doesn't matter for shit -- he still broke the law, he dug himself a hole and he paid (and likely will continue to pay) the price.

      The jury found the guy guilty because he was guilty -- the mitigating factors here don't justify or excuse his actions. That's exactly what they're supposed to do, and I'm certain it's what I would have done in their place.

      * One of the jurors was quoted saying this: "We had a lot of sympathy for him... He was put in a position he should not have been put in... Management did everything they possibly could wrong... There was ineffective management, ineffective communication. I think that if they put the city on trial, they would be guilty, too."

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
  156. Nice simplicity by Anonymous Coward · · Score: 0

    > Glad they found him guilty.

    And who do you think deserves to be punished more, Childs, or his idiot supervisors who, obviously, had no contingency plan in the case that Childs suddenly died?

  157. Time Served by DrugCheese · · Score: 1

    and let him go

    --
    *DrugCheese rants*
  158. Re:Poor jerk. by darkpixel2k · · Score: 1

    All right, I see tasering, beating, and kicking, but where's the execution? And by execution, I mean on-the-spot, declared-guilty-under-law-and-shot-in-the-head kind, not the "the cop got acquitted in court after a year by a jury of civilians" kind.

    They always get acquitted.

    I was speaking about cops taking the law into their own hands--that happens a *lot*. As far as 'murder' under the color of law, that happens less frequently. But keep reading that site--they're good for a handful per month.

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  159. Doesn't make any sense by Anonymous Coward · · Score: 0

    He did not 'kill the network', he protected it. Clearly they can now arrest and convict anyone in charge of the computer system. Time to not work for these people. What if he just quit? What if the system went down due to their incompetence, after he quit? The words "just give me everything that I want, I don't care about your civil liberties" really sounds stupid, but thats what we are talking about here.

  160. Re:Poor jerk. by Protoslo · · Score: 1
    Read the article (I know, I know...); the juror leading the charge in this case was another sysadmin. It is no wonder that this happens: to determine criminal guilt, you must make a probabilistic judgment, based on unreliable evidence.

    Research has revealed that judging probability accurately is extremely difficult for human. Beyond that, since all the evidence can be unreliable, there is really no place for reliable deductive logic. Whenever people come to an inductive conclusion, however, there is very little "logic" involved. The brain weights everything with emotion. When someone is experiencing depression or mania, things seems perfectly and absolutely logical that would seem totally absurd at another time. What someone believes at most times is not, therefore, "logical," it's just...normal.

    If the defendant is extremely unsympathetic, it can be extremely difficult to deliberate independently of that fact.

    The article doesn't mention what, if any, instructions the judge issued to the jury. He may have ruled on who constituted an "authorized user," and thus practically decided the case, since the facts were not really in dispute, only their interpretation. The jury could have still found "not guilty," of course (based on, say, whether there was any criminal intent), but why would they do so when it was so easy to return the guilty verdict that they wanted anyway?
    This is the law, California Penal Code 502(c)(5), which he was charged with violating.

    (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:
    ...
    (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.
    ...
    (h) (1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his or her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment.

    So you see, it was actually extremely relevant whether the acts were "reasonably necessary" for his job. The jury had to decide if following the written policy in that case was "reasonable," but they thought (perhaps rightly) that Childs was a paranoid whackjob. I don't think there is any question that he thought it was reasonable, though. Depending on what the judge said about this, Childs may have grounds for appeal...assuming he can afford it now. Since he's already spent two years in jail, he may very well be sentenced to time served, which is going to make appeal even less...appealing.

    Regardless of whether he is guilty or not, consider that he has now been jailed for two years for having a snit with his boss. Laws really do cover nearly anything; "computer crime" laws seems particularly heinous in this regard (e.g. "sexting," or felony prosecution for violating the MySpace EULA). We are all at the mercy of prosecutorial discretion. God help us (metaphorically, of course).

    I leave you with the Megan Miers Cyberbullying Prevention Act, introduced by a representative from California. So short. So broad.

  161. Re:Poor jerk. by darkpixel2k · · Score: 1

    All right, I see tasering, beating, and kicking, but where's the execution? And by execution, I mean on-the-spot, declared-guilty-under-law-and-shot-in-the-head kind, not the "the cop got acquitted in court after a year by a jury of civilians" kind.

    Ok--here's an example from the first page of that site: A man operating a motor vehicle is tased while the vehicle is in gear, causing him to lose control of the vehicle. The police naturally go into "OMFG HE'S TRYING TO KILL US" mode and shoot him 7 times in the back...

    Story

    That's murder.

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  162. Why was this "difficult"? by Anonymous Coward · · Score: 3, Interesting

    Was there no clearly identified chain of authorization here? Why didn't SF quickly provide evidence of who was authorized? You would think this would be the very first thing they would provide, the hammer that would efficiently drive the nail in Childs' legal coffin. The fact that you had to wade through reams of document and "divine" such a key piece of info is telling. If it took a group of 12 persons to sift through this, how was Child supposed to summon this knowledge too?

    1. Re:Why was this "difficult"? by BengalsUF · · Score: 5, Interesting

      It was more difficult because there is no legal definition of "authorized user", and in that case we are left to use a common sense definition of the term. That may be easy to do, but the harder part is determining who those people are, because in different companies and organizations, policies in place many time determine who they are. So now we have another problem here in that there was no formal policy or procedure in place to determine who is an "authorized user", so we had to use the evidence available to us to determine who Terry Childs would reasonably believe an authorized user would be.

      To do that, we had to look through a lot of testimony, in addition to pieces of evidence which showed who he had previously determined to be "authorized users". In the end it was our determination that he knew the person requesting access was authorized to have it. Like I said, this was really the hardest question for us to answer, but after examining job descriptions, job vacancy bulletins, performance appraisals, numerous emails, etc., we were able to reach the conclusion we did.

      Terry Childs already had this knowledge (as evidenced in the emails). We had to spend the time to sift through all the information to make sure we were beyond a reasonable doubt about this conclusion.

    2. Re:Why was this "difficult"? by twmcneil · · Score: 2

      Thank you for taking the time to explain your thoughts here on /. I was very upset to learn of the conviction but you have helped me understand how and why it happened. Sounds like you and the other 11 jurors worked very hard for a long time to make certain you were doing the right thing. My hat is off to you Sir.

      --
      "The ferrets, they're every where I tell you!"
    3. Re:Why was this "difficult"? by tomcat47 · · Score: 1

      I'm still not sure how this could be a valid way of applying the law. There was no existing written definition of "authorized user". Having to sift through mounds of evidence to determine who Childs believed was an "authorized user" further indicates there was no firm official definition of this, and now this definition is essentially based on Childs' own opinion. This seems far away from how the law normally works. Normally what is illegal must be explicitly spelled out. This also seems dangerously close to an ex post facto situation, where something is determined illegal after the act, when it was not clearly so before the act. The jury has no choice but to obey its instructions. But I'm wondering here if the jury instructions on this weren't problematic. This feels like a misapplication of law. This also feels like something that could go to appeal.

    4. Re:Why was this "difficult"? by catmistake · · Score: 3, Interesting

      I thank you for your service and for posting slashdot. But I do have a question, and not having all the facts, I ask for your tolerance. One thing here gets repeated over and over, and I'm not sure it's true. Was Childs fired BEFORE he was asked to give up passwords? Doesn't this mean anything? Also, Child's is convicted, can you explain the law he broke and how he broke it (specifically what choice of action he made was illegal and a felony? One more thing... if Child's had better representation, do you think the outcome might have been any different? From what I know, and it isn't much, I can't understand why the case wasn't dismissed... wrong laws applied to a non-crime. But I must defer to your personal experience. And thanks again... sounds like shit work, and most would have done anything to get out of it. Your sense of civic duty is appreciated.

    5. Re:Why was this "difficult"? by BengalsUF · · Score: 5, Informative

      Thanks for your comments, I hope I can address them all. First, he was not fired before asked for access to the FiberWAN. And there's a big distinction there -- not only was he asked for passwords, he was asked for "access". I can understand not giving up your personal username and password, but also not allowing anyone else there own access is entirely different. However, he did go into this meeting knowing that he was being "reassigned", so I'm of the frame of mind that he actually thought he was being fired. After a long period of different claims -- including that he didn't remember them, that he himself had been locked out of the system for three months (even though he was working on it that morning), providing incorrect passwords -- he was placed on administrative leave. He was even scheduled to have a meeting the next week with the CTO of the city to discuss the matter. However, he made one of the biggest mistakes then that he could have. While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      His representation was very good and did a great job in presenting his defense. However, the prosecution was also very good and presented some pretty damning evidence. The law that he broke was a section CA Penal Code 502, specifically that he disrupted or denied computer service to an authorized user and he did so without permission. We had legal definitions provided for many terms, including "computer service" and from this we were able to determine that the ability to manage or configure the routers and switches of the FiberWAN is a "computer service". So, in a nutshell, he broke the law by denying to the COO and others within the IT group the ability to manage those routers when ordered to do so.

      I too really wish the case had been dismissed, but I think the city let this story get too large and didn't want to lose face by dropping all the charges. However, as a juror I cannot allow myself to make decisions based on why I think the city did what it did or whether I think that was right or wrong. I really had to take all the facts before me and apply them to the law, and I would hope that if I were ever in court that twelve other people would do the same for me.

    6. Re:Why was this "difficult"? by Skyshadow · · Score: 1

      Yeah, look -- we're gonna need you to stop providing informed, rational commentary. This is Slashdot.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    7. Re:Why was this "difficult"? by Loser4Now · · Score: 3, Insightful

      "We were not swayed at all by emotional opinion, because if we were we probably would have acquitted because we all agreed that the situation Terry Childs was put in was not called for. However, the facts in the case bore out the verdict we reached.

      Quite simply, we followed the law. I personally, and many of the other juror, felt terrible coming to this verdict."

      You just did what you were told to do. When one of your fellow jurors refused to go along, he or she was replaced.

      http://en.wikipedia.org/wiki/Milgram_experiment

      "Ordinary people, simply doing their jobs, and without any particular hostility on their part, can become agents in a terrible destructive process. Moreover, even when the destructive effects of their work become patently clear, and they are asked to carry out actions incompatible with fundamental standards of morality, relatively few people have the resources needed to resist authority." - Milgram

      You've punished a man for something you don't think was wrong. May those who judge you be of greater morality.

      -L4N

    8. Re:Why was this "difficult"? by jefftp · · Score: 4, Interesting

      The law that he broke was a section CA Penal Code 502, specifically that he disrupted or denied computer service to an authorized user and he did so without permission.

      Refusing to provide a password is absolutely not a denial of service. That's like claiming losing keys to a rack in a data center is a denial of service.

      However, he made one of the biggest mistakes then that he could have. While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      How this is a criminal act? Was he under court order to stay within the state of California and not touch his money? This whole case was never a criminal matter.

    9. Re:Why was this "difficult"? by infinite9 · · Score: 1

      However, he made one of the biggest mistakes then that he could have. While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      Is this illegal?

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    10. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      And the large cash withdrawals and leaving the state are matters of intent. The Juror has to weight the why of such matters. Just as facts they are useless one way or the other for the case. Jurors often need to judge intent of the actions just as in this case.

      I really had to take all the facts before me and apply them to the law, and I would hope that if I were ever in court that twelve other people would do the same for me.

      One cannot use facts that only become relevant with understanding intent and mechanically apply law at the same time. I call shenanigans.

      Laws have and should have an intent behind them: a purpose for application, a limit to scope.

      Miss-application of law worse than breaking it. Applying a law without consideration for it's purpose is certainly a miss-application. It is how people grow powers for the governed that were never given them, it is how innocents are made guilty on irrelevant facts. It is how horrible acts are justified as 'just following the orders.' It is the reason civil disobedience exists: to fight bad law and bad laws.

      Jury Duty is not daytime soap opera where details like 'truth' can be hand-waved by technicality. And frankly, the legal definition of 'computer service' given is using technicalities with intent to do greater harm. But that is a whole other, larger topic.

    11. Re:Why was this "difficult"? by BengalsUF · · Score: 5, Informative

      It's not merely the act of not providing a password that was a denial service. It was the over-arching issue of refusing to provide access at all. Furthermore, there was no way to gain access without significant disruption to the network. He was told he was being reassigned. Therefore somebody else had to take over those administrative duties, but nobody could as he would not provide them. He denied the COO and the entire IT group the ability to administer their own devices.

      As to leaving the state, that is not itself a criminal act. Actually, these are facts I learned from the inspector after we reached our verdict. During the trial itself we did not learn the exact reason he was arrested when he was, because that information was not provided to us. From what I understand, he was already suspected of violating the penal code that he was tried on, and when he made those moves (large cash withdrawals, leaving the state), the police were worried he was planning on possibly sabotaging the network or possibly leaving, and that's when they decided to go forward with the arrest and charges.

    12. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      However, he made one of the biggest mistakes then that he could have. While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      Can you elaborate a bit on this? If it only became criminal after he was arrested why was he under surveillance? Was he not allowed to leave the state? Was he not allowed to withdraw money from the bank of his choice? I know you cannot carry more than $5k across state lines without proof of ownership but that is not the basis of the case. So why is that his big mistake and relevant to the trial?

      Thanks, AC

    13. Re:Why was this "difficult"? by Cramer · · Score: 1

      Refusing to give anyone else access, however, is. The legal question then becomes who determines who is "an authorized user"? In the minds of everyone but Childs, that's people other than Childs. But, he's over-protective of the network he created and refused to let anyone else touch it. The city did exactly what any employer should... they fired his insubordinate ass. He continued his refusal to turn over control ("access") until he'd sat in jail for a while. Of course, once it's reached that point, the city cannot walk away -- there's too much invested financially, and politically.

      Losing a set of keys deprives yourself of access as well. However, intentionally "losing" (read: destroying) said keys... well, that's covered by different laws.

    14. Re:Why was this "difficult"? by St.Creed · · Score: 1

      The law that he broke was a section CA Penal Code 502, specifically that he disrupted or denied computer service to an authorized user and he did so without permission.

      Refusing to provide a password is absolutely not a denial of service. That's like claiming losing keys to a rack in a data center is a denial of service.

      However, he made one of the biggest mistakes then that he could have. While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000. He was arrested, and that's where it became a criminal matter instead of simply an employment matter.

      How this is a criminal act? Was he under court order to stay within the state of California and not touch his money?

      This whole case was never a criminal matter.

      Please re-read all the replies before that post. The problem wasn't the refusal of providing a password, but the refusal of providing ANY access at all. Combine that with the attempt to leave the state and it looks likely that he was going for a Denial Of Service in the most literal sense of the word. That's what got him convicted, not a refusal to hand over a password.

      To rephase the issue, the city accused him of Denial of Service. His actions support that accusation. There are penalties for DOS-attacks and he got hit with 'em. Now, the DOS-attack would never have taken place if the city management had not been completely incompetent - that is very clear. But if I had been a juror on this, and with the explanations given above, I would have considered him guilty too.

      That said, I might still have hesitated to actually vote that way, given the circumstances. But it looks like he did a Denial of Service on the city and yes, that carries a stiff penalty.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    15. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      But this isn't a DOS attack. A DOS attack is an active attack, this was passive refusal. Fire him, sue him, whatever, but anyone with any sense knows it's not a crime and that the statute that was used to convict him refers to an attack on the network, not dereliction.
      Here's a thought experiment: Bob is a network administrator. Bob sets the password for the network but doesn't write it down directly. Instead, he just writes down a reminder. Bob gets hit by a bus, and the only thing everyone has to go on is a scrap of paper that says "the private nickname I had for my first girlfriend". So, they track down his first girlfriend and ask her what the password is. For her own reasons, she refuses to tell them, even after they prove to her that they are authorized users. So, based on this law, she is knowingly and without permission disrupting or causing the disruption of computer services or denying or causing the denial of computer services to an authorized user of a computer, computer
      system, or computer network. Using the definition of that law that was used to convict Childs, she would be just as guilty as Childs has been found. The only thing in the law that she might be able to argue is the permission bit, but clearly she doesn't have permission from anyone to deny them access to their network, so she's a felon. The fact that she's not an employee of the owner of the network doesn't protect her. In fact, the law specifically grants extra protections to employees, so it should be even easier to convict her than Childs.

    16. Re:Why was this "difficult"? by The_Deacon · · Score: 2, Insightful

      I too really wish the case had been dismissed, but I think the city let this story get too large and didn't want to lose face by dropping all the charges. However, as a juror I cannot allow myself to make decisions based on why I think the city did what it did or whether I think that was right or wrong.

      I'm sorry, but this is where you failed in your role as a juror. The whole point of a trial by jury is that you, the juror, is the last line of defense against injustice in all its various forms. You are supposed to use not only your intelligence, but also your common sense and personal sense of morality to render a truly just verdict.

      The jury is a speed bump, a safety device, to prevent runaway application of the "just the facts" letter-of-the-law approach, and put the human element back into the justice machine. That's how the system was designed.

      In your comments, you state that you wish the case had been dismissed, that the city was really crucifying Childs just so they could save face, etc. Obviously, you felt that finding Childs guilty was not just -- but you found him guilty anyway. I'm sorry, but if you truly felt what you state in your comments, then you failed miserably as a juror in this case.

    17. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      So you think your analysis is better than a f*cking juror from the case? get bent, moron.

      Refusing to provide *his* password wasn't the problem. Denying access was the problem.

      When your boss asks for access, don't deny access. Sheesh.

    18. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      Thanks for sharing the information. I lived in a police country before and know how easy it is the put someone to misery. For example, a girl was arrested when talking to a male on street. The reason? She used to be a prostitute, the male had cash in his pocket, the street where people do that kind of trade.

      I just smell something similar in this case:
      pieces of evidence which showed who he had previously determined to be "authorized users"
      Previous authorized users don't necessary become authorized users for another password, especially when these people have record to misuse the passwords.

      "While under police surveillance, he decided then to leave the state and make cash withdrawals of over $10,000"
      Why what he wants makes him criminal?

    19. Re:Why was this "difficult"? by Anonymous Coward · · Score: 0

      Sir I would like to thank you for your service. I worked with Terry Childs for several years and know his team well - these are hard working people who were forced to work with a tyrannt. The longer Terry worked here the worse he got. His boss, Herb Tong, was no prize either, and let Terry do whatever he wanted as long as Herb looked good.

      I read the article in Computer World and thought you had about 90% of the story correct. However, what you missed is that Terry was a 4 time convited felon who lied to get his job, intimidated and made life miserable for his co-workers to keep it, and in the end used an act of terrorism as his curtain call. Had that network crashed, the consequences could have been catastrophic and some innocent person could have been injured or died as result of Terry's actions.
      No one would think Terry Childs was a hero then, would they?

      While the Department of Technoloigy may have its faults, the only one Terry can blame is himself.

    20. Re:Why was this "difficult"? by DaveV1.0 · · Score: 1

      Excuse me, but did you say this guy failed?

      This guy was a juror and heard all the evidence, you did not. What makes you think you are more informed than he is? Please explain to me and everyone on Slashdot what makes you think your limited information gleaned from summarizations by uninformed people allows you to make a better decision in this case than someone who was provided all the facts and is trained in the subjects concerned in this case.

      Your arrogance is amazing and you need to STFU.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    21. Re:Why was this "difficult"? by The_Deacon · · Score: 1

      Excuse me, but did you say this guy failed?

      This guy was a juror and heard all the evidence, you did not. What makes you think you are more informed than he is? Please explain to me and everyone on Slashdot what makes you think your limited information gleaned from summarizations by uninformed people allows you to make a better decision in this case than someone who was provided all the facts and is trained in the subjects concerned in this case.

      Your arrogance is amazing and you need to STFU.

      Yes I did, and I qualified it. Control your knee-jerk "OMG STFU!!11" reaction and finish reading my comment. Specifically, where I said:

      ...if you truly felt what you state in your comments, then you failed miserably as a juror in this case.

      ...and the entire paragraph where that quote came from. Then, read up on the Juror's Handbook http://www.fija.org/docs/JG_Jurors_Handbook.pdf or any other document describing the rights and responsibilities of juries in the USA, paying attention to the portions about "voting your conscience"; or just google the phrase "jury vote your conscience" yourself. Hopefully this requires no further explanation.

    22. Re:Why was this "difficult"? by DaveV1.0 · · Score: 1

      The "American Jury Institute"? Is that really what you want to throw out?

      What a crock of shit. A bunch of people out to get criminals off by trying the law instead of the criminal. They and you are a group who deserve to be the victims of crimes.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    23. Re:Why was this "difficult"? by jimnorcal · · Score: 1

      That's an interesting concept and, to be honest, I hope something like that happens soon so it brings real attention down on the stupid laws that are. If something like that happened, it would become a huge media frenzy (one would hope anyway, for her sake). Sadly, it will probably take a case just like you described in order to protect other innocent people from being fried due to a law that is poorly written out by those (politicians) who don't understand technology.

    24. Re:Why was this "difficult"? by jimnorcal · · Score: 1

      I'm new to this AJI. What is so bad about it? I have to agree and wonder about what 'The Deacon' said in that the jury is the last line of defense. When the juror said that the jury is told exactly how they are allowed or not allowed to apply the letter of the law, that make me wonder why we have a jury at all. If a jury isn't allowed to make informed decisions over every aspect of the evidence (including moral turpitude and actual intent) an not just the exact letter of the law, then our justice system is in serious trouble and it begins to explain why so many innocent people are rotting away in prisons today.

    25. Re:Why was this "difficult"? by jimnorcal · · Score: 1

      I have to admit that after reading just the first page of the juror's handbook, I come to find myself realizing that those facts have always been a reality for me; juries are there to make sure people are not convicted of crimes for which they are not guilty or otherwise be punished by laws that may be too severe for the nature of the crime committed. Mr. Childs was convicted for a crime in which the law wasn't specifically meant to be used for. In such a case, the jury should have found him not guilty instead of saying "yes mr. judge, we'll do whatever you instruct us to do" which would seem to the case after the what the childs case juror said. This is another sad day in judicial history.

    26. Re:Why was this "difficult"? by DaveV1.0 · · Score: 1

      Ok, I am going to work this backwards.

      it begins to explain why so many innocent people are rotting away in prisons today.

      Please provide the number of "innocent people are rotting away in prisons" and the percentage of the same as to the whole prison population. Remember, pretty much everyone in prison claims to be innocent, even those who have been convicted of rape because their DNA was present INSIDE the victim.

      If a jury isn't allowed to make informed decisions over every aspect of the evidence (including moral turpitude and actual intent) an not just the exact letter of the law

      One can claim their intent was benign, but that doesn't mean that their actions were legal or even moral. A man who killed a doctor who provides late term abortions stated his intent was to save the lives of babies. In this case, Childs stated his intent was one thing, but his actions showed they were another. Also, please define "informed", because I want to know if your definition of "informed" includes being told things that are misleading at best and outright lies at worst. Do you believe that questionable claims should be allowed as testimony?

      When the juror said that the jury is told exactly how they are allowed or not allowed to apply the letter of the law, that make me wonder why we have a jury at all.

      So, you think it is wrong for an expert (the judge) to instruct laymen what the law says and how they need to consider it, right? Interesting concept you have there. So, you would have no problem with a jury finding someone guilty of murder because the shooter claimed he was defending himself when he shot his victim in the back after said victim mugged the shooter, because that could be considered self-defense because the dead man could have gone to the shooter's house or may have mugged someone else. (Yes, I have seen that reasoning used). The fact is most people do not know or understand the law and need instructions on how to apply it while on a jury. Otherwise, one ends up with different people on the same jury using their own (mis)interpretations of the law. Until we have professional juries who are provided with an education in the law via university, etc., there will have jury instruction.

      I have to agree and wonder about what 'The Deacon' said in that the jury is the last line of defense

      They are, in a way. First and foremost, the jury is supposed to be impartial, so as to provide the defendant a fair hearing. The jury can also decide the evidence does not meet the criteria of "beyond a reasonable doubt", especially if they do not trust the police and/or prosecution. The jury, if it decides a law is unjust, can vote to acquit. But, the jury must understand what the law is and how it applies and must not be led astray by its emotions, apathy, or influence by sources that are less than trustworthy. That is why jurors are not supposed to watch the news or read reports on the crime or trial, so as not to bias the jury against the defendant or the prosecution.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  163. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Haha, the password still works too!

  164. Re:Poor jerk. by shermo · · Score: 1

    Ah ha! Bad analogy guy reveals his other UID.

    --
    Insanity: voting in the same two parties over and over again and expecting different results
  165. Re:Poor jerk. by Anonymous Coward · · Score: 0

    Fighting against it is your duty as a responsible human being, regardless of what happens to you. If nobody stands up, then things will only get worse.

    The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.
    --Albert Einstein

  166. Throw the book at him by rlh100 · · Score: 1

    He was an idiot who broke the law by denying his managers and the City of San Francisco access to controlling their network.
    I don't care how big an Idiot the boss is, you still give them the root password when they directly ask for it. You might hand it over in a sealed envelope with a long lecture on why it is best they not use it, But you still hand it over.

    The City owns the network not Terry Childs.

    1. Re:Throw the book at him by Pop69 · · Score: 1

      And if your contract specifies who you can hand the passwords over to ?

      What happens when your boss isn't on that list which appears to have been the case here ?

    2. Re:Throw the book at him by anonymous+cupboard · · Score: 1

      To give an example. I was running a futures an options exchange network. I had enough passwords to cut right through the security. However also being somewhat of a security geek, I organized a scheme whereby I was not the only password holder and that the boss of the exchange technical department held onto the passwords in a sealed envelope in a safe. If emergency access was needed, the envelope would be passed to someone competent, who would then be responsible. As I was also responsible for the random password generation/distribution script for the routers, there were times when I was the only person who knew the passwords - but I did my damndest to minimize the exposure.

    3. Re:Throw the book at him by tuomoks · · Score: 1

      If I ever need to hire a person who knows how and why to secure things without some manager telling them, I'll call you.

      Seriously, this is the procedure used by stock exchanges, etc a long, long time. Sometimes frustrating (for support) trying to get the access passwords (a person can't be accessible 24h a day all the time) but on long run the best solution with some extras.

      Now, of course, there are some problems as usually - LOL. I have had two incidents where the "boss" was the bad guy breaking to the systems - we found out giving the fake credentials which routed the access to honeypots. So, trusting the boss may cost you (corporate, enterprise) millions or, as we have seen, even billions! Be careful!

  167. Re:Poor jerk. by moronoxyd · · Score: 1

    Do you want to imply that only illegal aliens sue in such cases or that only illegal aliens break into other people's houses or is this just a case of conservative nuttery?

    I'm sure citizens of the USA are much more likely to sue in such absurd cases.

  168. Re:Poor jerk. by moronoxyd · · Score: 1

    It's basically punishing them for not pleading guilty and trying to defend themselves.

    Actually, it's punishing them for BEING guilty and not admiting it.
    When they're found not guilty they certainly don't have to pay.

  169. Re:Poor jerk. by moronoxyd · · Score: 1

    The "Do not share County passwords with anyone, including administrative assistants or secretaries." line is most certainly refering to the way you should handle your passwords in day to day business.

    It sure does not apply to the event of your emplyment ending. In that case you HAVE to give the root passwords et. al. to somebody.

    So how about you quote the regulations for that event?

  170. Re:Poor jerk. by moronoxyd · · Score: 1

    The main lesson from this seems clear:

    Never assume that you own the network that you build/administer. You're just an employee. Don't build back doors into a system for your own convenience. Don't be a jerk.

  171. Re:Poor jerk. by Marful · · Score: 2, Informative

    In the USA if the police knock on your door and ask to come in you can tell them to go away - And they have to.

    Hahaha...

    Oh wait, you are serious about believing that?


    Having been a recipient of a corrupt cop lying in order to come up with a reason to arrest me so he could impound my car and perform a "custodial inventory" (re: search without a warrant), sitting in the back of his squad car for 3+ hours, and then having to pay the impound yard $280 per hour, plus $55 per night plus a $75 processing fee, totaling $970 to find absolutely nothing at all... please don't tell me the cops in america aren't corrupt.

    The only difference is that the bribes (in this case kickbacks from the impound yard) have to go through 1 more layer of obfuscation before the cop gets his cut from the tow yard vs. paid directly.


    For some reason my word alone isn't enough to counter the cops witness testimony, but the cops witness testimony is enough to convict.


    All this because a racist white cop saw an asian in a sports car in an area that is predominantly hispanic and just had to find those drugs that didn't exist

    The irony is that what the cop claims happened is not physically possible for any consumer car (let alone a sports car that costs less than $25k) yet in order to prove in court that the numbers don't add up it would require $25,000+ in expert witnesses to fight.

    P.S. in America, the cops will knock down your door, steal loose cash, shoot you, then plant cocaine on your person and claim they just did a drug bust.

  172. Re:Poor jerk. by makomk · · Score: 1

    That's assuming not only that no-one's found guilty when they're actually innocent, but also that the police and prosecutors never intimidate anyone who's innocent into thinking that they'll be found guilty. Neither of these assumptions are true, especially the second one.

  173. $1 million in damages by Anonymous Coward · · Score: 0

    `The city has spent nearly $1 million in efforts to regain control of the network and conduct vulnerability testing, according to Del Rosario'

    I don't suppose there is any hard evidence for this statement. Who conducted the `vulnerability testing', what were their names, what was the name of the testing company.

  174. Re:Poor jerk. by KDR_11k · · Score: 1

    You can sue because the sky is blue but did they win?

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  175. Re:Poor jerk. by KDR_11k · · Score: 2, Funny

    Kinda related but in first aid training we were told never to give first aid to an American because they'll sue you.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  176. Re:Poor jerk. by KDR_11k · · Score: 1

    Supposedly you were allowed to opt out of the execution squads, of course all the other positions in the concentration camps were still available then.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  177. Re:Poor jerk. by TheVelvetFlamebait · · Score: 1

    In other words, the law is fucked up

    *facepalm*

    a jury of 12 retards

    *facepalm*

    scare them with "wooh this was scary internets stuff"

    *facepalm* *facepalm* *facepalm*

    a paid-off judge give the jury bad instructions

    *bang head repeatedly against the wall*

    Excuse me guys, but I'm going to go. My faith in human intelligence is shattered, and I think my head is bleeding.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  178. Re: "Pop Tort" by Allnighte · · Score: 2, Insightful

    Funny thing: illegal aliens breaking into houses HAVE sued the homeowners for such things as falling on a knife and injuring their legs. Kids screwing around on the roofs of schools have sued the school district when they, illegally trespassing, nevertheless fell through a skylight and injured themselves.

    In other words, the law is fucked up, and the fact that you can manage to empanel a jury of 12 retards who don't understand the law & policy, scare them with "wooh this was scary internets stuff", and then have a paid-off judge give the jury bad instructions doesn't help.

    I see you got that chain email too.

    Care to show us these cases? I've started googling and have only come up with sites debunking it.

    I know they're so easy to believe since the [skewed] McDonald's hot coffee case, but let's try and be skeptical when we hear about any ridiculous lawsuits.

  179. Non-technical red flags: Bailiff! Remove that man! by SgtChaireBourne · · Score: 1

    There are so many things wrong with that trial that it's hard to fathom how it got as far as it did. But one thing stands out, that is mentioned here elsewhere that is absolutely shocking and ought to be understandable and worrisome to all citizens, technical or non-technical:

    "The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours."

    What the heck is that for a travesty of process? It looks like the One Microsoft Way of thinking entering the courts with fakery all through. He was a city employee, arrested by city cops who had assisted in inappropriate baiting (conference call), held in a city jail, prosecuted by a city district attorney, in a trial presided over by a city judge, tried by a city jury, and presumably staying and continuing to stay in a city jail. That's not going to result in even the possibility of a fair trial. Then when the jury drags in deliberation, it's rebuilt to return the verdict desired by all these other city employees.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  180. Ask someone who works there by SgtChaireBourne · · Score: 1

    In a situation like that the correct answer, before hanging up, is, "I do not recall. I don't work there anymore. Ask someone who works there. Have a nice day. Bye."

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  181. Re:Poor jerk. by Anonymous Coward · · Score: 0

    In many parts of the world they'll kick your door in without asking, trash your house, and rape your daughter for good measure.

    This is actually the image most Europeans have of the US.

  182. The legal definition was in the contract by Anonymous Coward · · Score: 0

    The legal definition was in the contract. That's why you have "the party of the first part (hereafter called Fred)" in contracts.

  183. Re:Poor jerk. by Hognoxious · · Score: 1

    Yes following the rules to the detriment of the entire company/city while it maybe satisfying will get you a felony count

    What specific crime are you committing by following rules?

    I think being a mean old poopyhead is only a misdemeanor.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  184. You believe this was professionalisnm? by Concern · · Score: 2, Insightful

    You think he was acting professionally and following policy? Look, I'm aware that his defense spread some story about the rules. You haven't read them, but I have. Here's from their rulebook:

    "In accordance with these strategies the following policy statements apply to the key areas and functions of the Security Perimeter. In all statements where the “County Authority” (CA) is mentioned, depending on the County reporting structure, this can be the CIO, CISO, CTO, CEO or COO and implies the CA or their designee(s)."

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

    Obviously he hated having to do what his boss told him enough to go to prison. But something tells me that if we go through the records of all the people who asked him for the passwords (and by the end it was certainly more than just his boss), we would find that among them were at least one person "in Information Security," or who was "CIO, CISO, CTO, CEO or COO and implies the CA or their designee(s)." [emphasis added]

    You can see for yourself his actions don't match policy. He was just crazy enough to think he could still use password-blackmail to torch his boss to the mayor - from jail.

    And that's even without looking at the detailed information that emerged from the trial:

    "This jury was not made up of incompetent people. ... I myself am a network engineer with a CCIE and thirteen years experience. ... No matter what you think ... you do not have ... even 10% of ... the full story. I am confident that we reached the correct verdict. ...
    One of the most difficult questions for us to answer ... [was] who is an "authorized user"? ... We did ultimately determine ... beyond any reasonable doubt ... his boss' boss was an authorized user."

    More here - this juror is a /. user and these are from his posts.

    Funny how the truth gets buried and ego is always at the wheel.

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    Tired of Political Trolls? Opt Out!
  185. Re:Poor jerk. by Hognoxious · · Score: 1

    You don't need to see any evidence to work out that someone who is committing a crime and injures himself in the process doesn't deserve a penny compensation from anyone, least of all the victim.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  186. Re:Poor jerk. by The+Only+Druid · · Score: 1

    This is one of those situations that seems to draw out the difference between people who understand how policies work (as opposed to laws) and those who do not. A policy is an internal rule generated by an organization. Violating it exposes you to internal punishments and (in some situations) contractual civil liability. In other words, violating your policy might lead to some sort of penalty but not jail time. However, a law is above and beyond the scope of your organization, even when that organization is the government itself. The law that this idiot violated superseded the policy considerations. He was correct in his policy interpretation, I believe, but he was grossly incorrect in his legal interpretation. While the policy bound him against divulging the passwords, the law bound him against NOT divulging the passwords. He was in an ugly situation - one initiated by his boss - but this idiot is the one who broke the law to protect a policy.

    --
    "Stumble before you crawl"
  187. Re:Poor jerk. by someone1234 · · Score: 1

    He didn't judge who is skilled enough to know the password. (The mayor was not skilled enough).
    He did judge who is authorized to have it.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  188. Re:Poor jerk. by Hognoxious · · Score: 1

    The "Do not share County passwords with anyone, including administrative assistants or secretaries." line is most certainly refering to the way you should handle your passwords in day to day business.

    Is it? It doesn't say so.

    You don't think handing over the passwords to your immediate boss when you leave creates 1) a huge security risk to the organization and 2) opens you up to getting the blame for anything he does?

    As I understand it he gave the passwords to someone n levels higher up. That person would then have the responsibility to choose whether to hand them down to the middle-minions or not.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  189. This might help... by BLKMGK · · Score: 1
    --
    Build it, Drive it, Improve it! Hybridz.org
  190. Re:Poor jerk. by moronoxyd · · Score: 1

    Is it? It doesn't say so.

    Well, it say's that you should share your passwords with nobody.
    If you take that literally, it would mean that root passwords and stuff would be completly lost when you leave the company.
    So there has to be an exemption for such cases.

    As I understand it he gave the passwords to someone n levels higher up. That person would then have the responsibility to choose whether to hand them down to the middle-minions or not.

    You think?
    At the end of the day, your (former) superior is responsibly for your place of work, he appoints somebody to fill in for you until somebody permanent is chosen, he needs to make sure that the show is going on.
    So yes, your superior is the one you should give the passwords to (not without getting in writing that you did so and he now bears the responsibility). The mayor doesn't know shit about the network, who does what and what needs to be done.

  191. Re:Poor jerk. by moronoxyd · · Score: 1

    Sorry, but when a jury of your peers found you guilty, we have to assume you are, until new evidence appears.
    Otherwise, we couldn't send anybody to jail or fine anybody, because they *might* be punished for a crime that they *might* not have commited.

  192. Re:Poor jerk. by Critical+Facilities · · Score: 1

    Terry Childs did the right thing by not giving out the passwords to anyone but the Mayor.

    Here we go again with this bullsh*t!. You are absolutely incorrect. According to the very same policy that you're selectively quoting from, it states:

    All production system-level passwords must be part of the security administered global password management database.

    Terry Childs was required by policy to make these "system level" passwords available. This was nothing more than arrogant grandstanding. The guy decided to try to play hardball, and he got taught a lesson.

  193. Re:Poor jerk. by Anonymous Coward · · Score: 0

    If your car moves toward an officer then you're going to get shot. That's just basic common knowledge. If you're drunk and refusing orders and you do something that makes your car move toward a cop then you're going to die. Looks like he is nothing more than the recipient to the consequences of his own choices and actions and another entry for the Darwin Awards.

  194. Re:Poor jerk. by makomk · · Score: 1

    Sorry, but when a jury of your peers found you guilty...

    we have to assume you're more guilty than someone who actually plead guilty? This is enough of a problem already, with innocent people ending up spending much longer in jail because they refuse to admit to a crime they didn't commit. If they're charged for legal fees, potentially convicts' families will be punished for them pleading innocent, given how common shared finances are.

  195. Re:Poor jerk. by DigiShaman · · Score: 1

    touché

    --
    Life is not for the lazy.
  196. Re:Poor jerk. by JohnnyDoh · · Score: 1, Insightful

    Show me the case law. You are citing urban legends...

  197. Re:Poor jerk. by thePowerOfGrayskull · · Score: 1

    maybe he was a jerk about it, but that doesn't make you right about him.

    Actually, it does. No matter what the policy is, if your management says "hand over the passwords" -- you hand over the passwords. Maybe you get a lot of documentation around it, maybe you make sure HR signs off on this breach of policy, but you DO hand them over. If an auditor says it, you follow the same process -- talk to management, leave a paper trail, get sign-off from anyone necessary in the bureaucracy. OR obtain confirmation that you don't have to comply (not the case here).

    You don't flounce off like a child having a tantrum because someone else might screw up your precious network. That network isn't yours -- it's your employer's.

  198. Is this criminal though? by jdev · · Score: 3, Insightful

    So let's assume that he violated policy in refusing to give the password to his boss's boss or create accounts for people. How does this amount to a criminal offense?

    If he violates policy, then fire him. But it's the fault of his boss to let him be the only person with access to the system for this long. They should have had other qualified people working with him to help maintain what is described as such an important system. I'm confused about when this goes from being a personnel matter to a criminal matter. Is this just because he was a government employee, or does this extend to the private section? The implications of this become very scary.

  199. A better response by Necron69 · · Score: 1

    IMHO, based on everything I've read about this case, I think Childs should have done the following:

    - Demand that a city HR person be present while he argues his case against divulging
    - Formally put his objection into his personnel record
    - When still ordered to by his boss, divulge the passwords

    Where on Earth does it say your corporate IT policy is supposed to be a career suicide pact? I, for one, think that Childs made a life-altering, serious mistake. He started out trying to be principaled, and ended up breaking the law.

    I do hope that he ends up only being sentenced to time served, but I can guarantee you he doesn't have a job waiting at my company. This guy's judgement is seriously impaired.

    Necron69

  200. Re:Poor jerk. by AshtangiMan · · Score: 1

    I suppose that your acceptance of the analogy is indicative of where we differ. Had he been the fire marshal in the building, and had keys to the elevators, and rather than set the fire, discovered it and took appropriate action by alerting the fire department, locking the elevators, etc. Now the analogy would continue that the building super demands that he provide the keys to the elevators, and he refuses as they should only be given to the fire department once they get there. He is then fired, but still gives the keys to the fire department. He is then thrown in jail and convicted of setting a bomb in the elevators.

  201. Re:Poor jerk. by Anonymous Coward · · Score: 0

    He followed the fucking city policy

    His real problem was that there were no adequate policies. Had there been a proper security policy it would have defined the process for replacing an admin.

    Trying to dictate policies after a situation arises and everybody's emotions are involved is a guarantee for disaster.

  202. Simple Solution by kenp2002 · · Score: 2, Interesting

    I helped set up a simple solution to this scenario years ago for a local hear aid provider.

    The root password for their systems was double-blind. The CIO came in and set the password. The Lead network engineer changed the name of the root account (but didn't know the password).

    Each component was forwarded to legal records hold for archiving in separate email.

    Since no one was allowed to use the root\admin accounts (everything via sudo effectively, hence the double blind setup) in the event of an emergency a simple phone call to legal records hold would retrieve the information if the CIO and admin were not available. Add the two together and problem solved.

    Child's could have just as easily secured the password before hand with a policy doing something as simple as a 2-part cypher with 1 part in the hands of the govenor and the other part documented with instructions on retriving the 1st part from the govenor.

    e.g. passwd
    (Disable backspace key sequence)
    (Admin types first 4 characters, leaves room)
    (CIO types last 4 characters hit's enter.)

    Admin and CIO email legal record hold with their portions.

    This was about paranoid liability of someone busting the network, not securing a core password.

    I've had to L0phat more then one NT server that a rogue admin tried to lockout the system after getting canned during my career (retired geek now thank God). The most recent one was a net admin that had a $100,000 quarterly budget but we could only find 22k worth of assets at the company (And why did he need 3 22 inch monitors and had every workstation running NT Server edition even though they only paid for 4 licenses of Server....).

    From a liability standpoint Terry, or anyone can follow this simple guideline:

    If your company has a legal record hold service, periodically gather your configuration files and documentation and forward that information to legal record hold. If not periodically print them, label them as "Legal Record Hold" or "Legal Retain" and sign and date them.

    Most government offices have a legal record hold office. If you are terminated and they come back after you you can have your lawyer request the last copy of the configs you sent to legal records hold and compare the current config. Not only that but a quick check of the config's last modified date will confirm if you you have legitimately made that change. In addition if they try and come back and say you came into the system after being canned, the burden of proof is one them to show you had access. It would be a staggering embarrasment if they didn't change master passwords you had access to.

    If possible I would go further and use mandatory CVS\RCS\Git etc... for config files of any kind in your process with an audit. The RCS system should be in the hands of the legal records retainment (i.e. independent of netOps) for auditing. Liability then can be quickly determined (Jeff left the company on 3/12 and no issues. On 3/24 Eric made a change and all hell broke loose. No point in going after Jeff, no liability. Eric likely broke it... wait Eric was on vacation and lives in Utah, the VPN came from Washington... where Jeff lives with a similar IP as Jeff's last! Oh shit call the cops!)

    Network admins tend to forget\overlook the need to audit the configs, not just for operational purposes, but for legal due-dilligence reasons as well.

    Revision Control on Configs + Audits + Double Blind Root\Admin + Mandatory sudo = Reasonable Liability Tracker.

    I'm retired now ... almost 5 years now I think and I am sure things have changed so don't take my suggestions as gospel but at least out of this we can starting thinking a bit more on how we manage our networks, not just from an operational standpoint but Risk, Liability, Business Continuity, and Legal viewpoint as well.

    AND USE A RCS FOR CONFIGS!!! IT'S NOT JUST FOR TRACKING CODE CHANGES! IT'S AN AUDIT TRAIL AS WELL!

    --
    -=[ Who Is John Galt? ]=-
  203. Terry Child - Precident by dontgetshocked · · Score: 1

    I fear precident has been set here.So may incites have been raised here with good reasoning.Supposedly you are to be judged by your peers which should verify that all jurors truly be knowledgeable enough to make such a decision.I don't think this was the case and so justice was not served.A sad day for all the admins indeed.

  204. Re:Poor jerk. by Princeofcups · · Score: 1

    As we can see from the city policy, telling your boss is already out, and talking about your password in front of others (the individuals on the other end of the phone line) is also a no-no. Terry Childs did the right thing by not giving out the passwords to anyone but the Mayor. Did Childs' boss ever get in trouble for breaching city policy? Probably not.

    No, no, no. That's about sharing your password with secretaries, NOT with giving your passwords to you supervisor. That's not spelled out because it does not need to be. You ALWAYS give your passwords to your supervisor if requested.

    --
    The only thing worse than a Democrat is a Republican.
  205. Nonsense. by Anonymous Coward · · Score: 0

    I work in a bank.

    If I would do that (give my password to my boss, the CEO, the security guy, or anybody for that matter) I would be fired, and rightly so.

    If the organization where this guy worked is so rubbish that there were fully dependant on this guy handling the passwords I frankly fail to see why he should be held responsible for anything frankly.

    Obligatory car analogy: it is like blaming an F1 driver for not winning after giving him a car with no steering wheel.

    The fact that one single person had so much control and could not be overuled demonstrates that the organization he was working for is utterly incompetent.

    I find it scandalous that the defense lawyer could not bring expert witnesses to explain how people that know what they are doing have no "give your boss the password" rule under any circumstances.

  206. Florida by Frank+T.+Lofaro+Jr. · · Score: 1

    Florida is also the state where innocent people (mostly Black) were listed as felons and purged from the voter rolls in order to influence the election.

    It is also the state where someone got the death penalty for allowing someone to borrow their car and that person committed a crime where someone was killed. The death penalty, for lending your car to someone who decides to use it in a crime.

    And Florida also makes a lot of things felonies that are misdemeanors or legal in other states.

    And Florida is one of few states that permanently revokes voting rights from anyone convicted of a felony, even juveniles.

    And Florida also is one of few states that executed juveniles, until it was made illegal, and still sentences juveniles to life without eligibility for parole. Taking kids, and throwing away the key, and if the Supreme Court didn't outlaw it, injecting poison into children, and calling it justice.

    And Florida is really bad in how Black people are treated. Likely worse that the states that usually come to mind.

    Florida is about to as close to fascism as one can get in the US. It's a shame, the weather down their is nice, and it is nice to visit, but forget about justice.

    --
    Just because it CAN be done, doesn't mean it should!
  207. Re:Poor jerk. by Anonymous Coward · · Score: 0

    That was the "acquitted by a jury of civilians after a year" case. Yeah, it sucks. It's still not pulling you over, declaring you an enemy of the state, putting you on your knees, and executing you on the spot and in the open because they don't like you, then putting some drugs on your dead body in order to make summarily executing you legal.

    Get some perspective. The cops in the U.S. trial freaked out and overreacted, and they killed someone. (Yeah, it's wrong and I'm not defending it.) Thaksin's police executed over a thousand people on purpose and with forethought.

  208. What you keep saying just does not make sense. by Anonymous Coward · · Score: 0

    It just doesn't.

    Any serious security policy will ensure tha there is no "give your boss, or employer, or anybody else the passwords you are custodian off".

    I would be fired in the spot if I did such a thing.

    If the policies of the employer are wrong to start with, how for the love of god can the law find this chap guilty?

    Just don't get it. I don't understand how you have been convinced of the rigtheoussness of the verdict.

    1. Re:What you keep saying just does not make sense. by Doctor+Memory · · Score: 1

      Any serious security policy will ensure tha there is no "give your boss, or employer, or anybody else the passwords you are custodian off".

      So, you're on call 24/7/365? Can't go anywhere that you can't get a VPN connection, because you and only you have the critical system passwords? Sounds more like a serious *insecurity* policy to me.

      --
      Just junk food for thought...
  209. Humm. by U8MyData · · Score: 1

    I was writing a reply and realized something important. No one gives a sh_t about the opinions of the technical types. Too often we say no, we whine a lot, make ourselves far to important, and cost too much. What's the law with out enforcers? What's google, facebook, youtube with out us?

  210. Re:Poor jerk. by neurovish · · Score: 1

    In the USA if the police knock on your door and ask to come in you can tell them to go away - And they have to.

    Hahaha...

    Oh wait, you are serious about believing that?

    Having been a recipient of a corrupt cop lying in order to come up with a reason to arrest me so he could impound my car and perform a "custodial inventory" (re: search without a warrant), sitting in the back of his squad car for 3+ hours, and then having to pay the impound yard $280 per hour, plus $55 per night plus a $75 processing fee, totaling $970 to find absolutely nothing at all... please don't tell me the cops in america aren't corrupt.
     

    Sounds like you were being a real asshole, so he fucked you over the best he legally could. Why were you originally pulled over?

  211. Re:Poor jerk. by Grishnakh · · Score: 1

    Fighting against it is your duty as a responsible human being, regardless of what happens to you. If nobody stands up, then things will only get worse.

    I don't agree. Yes, you're right, things only get worse if no one fights against injustices. However, fighting against these things, like any fight, is only worthwhile if you have a decent chance of winning, unless you have nothing left to lose and can afford to take extreme chances.

    People try to fight against corruption in the US all the time, by going to the voting booth. It isn't working; the system is completely rigged. There aren't many candidates who aren't corrupt, and the problem gets worse as you go up the ladder (i.e., your local cop probably isn't corrupt; the local school board members probably aren't corrupt, but the chances of corruption go up as you go higher: local government, state government, national government). The only thing left to do is violent revolution, and that's a step you only take if you're either reasonably sure you have a good chance of winning (not likely in this country, esp. since there's not enough popular support), or you have nothing left to lose. Worse, the system is just so gargantuan that it wouldn't be easy to overthrow anyway. Overthrowing the government of, say, Singapore (a single city-state), or Brunei Darussalem, is one matter, but overthrowing all the levels of government in the US (since they're all tied together) is entirely another. So unless you're a nut like Tim McVeigh or the guy who flew into the IRS building, it simply makes far more sense to just put up with the problem (while complaining, since we still have that right, for all the good it does us), and minimize your exposure to it (like by not working in a government IT agency), or just move somewhere else where things are better.

    Remember the movie Braveheart? He tried fighting against evil, and in the end succeeded in doing nothing but getting himself tortured to death. The time to fight against evil is when you have lots of support on your side, and are able to win the fight.

  212. Re:Poor jerk. by sbeckstead · · Score: 1

    Yeah I suppose you could argue that.
    What he really got convicted for (not of) is being an arrogant asshole who upheld the letter of the rule (it wasn't a law) rather than reasonably complying with requests from his superiors. In order for him to have been correct you have to assume that he had the moral/legal authority to predetermine that his compliance would result in a situation worse than the one he caused by doing what he did.

    There are times usually when great financial harm or great bodily harm are imminent that he may have been correct but that was not the case here.

    By doing what he did he caused great financial harm rather than preventing it. So by following the letter he violated the spirit and caused the harm he was trying to prevent thereby stepping in the shit and then failing to scrape it off his shoe.

  213. Re:Poor jerk. by Grishnakh · · Score: 1

    There was recently an incident in the Bay Area where a cop executed a guy on the ground.

  214. Re:Poor jerk. by Grishnakh · · Score: 1

    Probably for DWA. Sounds like he's in California.

  215. Re:Poor jerk. by pyrr · · Score: 1

    I don't see this result as surprising.

    I understand why he did some of what he did, but it honestly seems to me (based on statements he made) that he was just trying to make a massive stink against people he didn't respect or like, using legalistic justifications while ignoring pragmatism.

    At the end of the day, I wonder what the worst that would've realistically happened to him could've been, had he just handed all the network passwords over to the incompetent asshole supervisor as he walked out the door. At that point, let them all dig their own graves and jack-up the network if they truly don't understand. Would there realistically be criminal charges for failing to follow the employee handbook regarding password security once he was no longer an employee, so long as he didn't disburse passwords in a malicious way?

    I'd really love to see that, testimony for such a case would be downright laughable.

    City Attorney: "Your honor, the City fired Mr. Childs for insubordination because he refused to turn-over the passwords, as demanded of him. At that point, as the City police were summoned, he handed the passwords over to his supervisor as demanded, so he could walk out the door a free man and get on with his life. That supervisor then proceeded to fuck-up the city's MAN and it went down and cost millions of dollars to repair due to incompetence. I ask that you hold Mr. Childs criminally liable for the damage another City employee, his supervisor, did to the network. He did not follow the proper procedures outlined in our Employee Handbook!"

    Perhaps I'm missing some element that he could've been held accountable for beyond his employment with the City, since the penalties for violating a handbook are usually limited to termination of employment as long as they aren't also covered by criminal code or a breach of an actual contract with the employer. Perhaps he wasn't just being obstinate and doing his best to make things difficult after he lost his little power play. Perhaps there really are employees whose loyalty to their employers comes at their own expense, even after their employers attempt to screw them over.

    I'm not a hero like that. I wouldn't go out of my way to hurt a former employer (as that WOULD be unethical and potentially criminal), but I don't think I would consider that I owe them a single thing after being fired in the unceremonious manner Mr. Childs was. I'd give them the means to access all work I'd done for them while in their employ, holding nothing back. What they do with it is their business; I would not help them to figure it out or repair it without consulting fees. I sure as hell wouldn't risk arrest to protect their interests after they ceased paying me to do so. If I trusted someone up the chain enough to inform them of what went down, I might do so in hopes of maybe straightening things out, but if I trusted nobody enough to do so, I'd have to ask myself why I'd even want to get my job back, or why I was even working there in the first place, if everyone is so incompetent, spiteful, and dishonorable.

  216. What im wondering is, by unity100 · · Score: 1

    where the buck stops.

    so, you are brought into an office with your manager's manager, a hr rep, two police officers, and asked to provide access to the system to someone who you know that is able to screw up so grandly (like how they disclosed live user/passes as evidence in public court to a live system with sensitive info) and potentially expose millions of citizen's or the local authority's very sensitive data and pave way for insane hacking and stealing.

    you would give the access to the idiot ? you would save your own ass, and you would do what is TECHNICALLY and legally right, but, would it be the RIGHT thing to do ?

    if we exaggerate the concept a little bit, we can come up with an exaggerated example still in the same format with this :

    you are an officer in a nuclear silo, and you are ordered to launch, practically ending the lives of countless people, and maybe ending the world. you know that who is ordering you is a top of the notch idiot that screws up.

    what would you do ?

  217. Why do we have juries, anyway? by wufpak · · Score: 5, Insightful

    As an American, I am profoundly depressed by this thread. I respect the juror who is posting his perspective here, and greatly appreciate the fact he's taking the time to explain what happened from an insider's perspective. But his account reveals a terrible devolution of our system of justice: the ordinary citizens on a jury no longer protect us against an inappropriate or unfair application of the law.

    It makes me furious every time I hear a juror come out of the jury room and say "I don't think he really did anything bad, but according to the judge's instructions, I had no choice but to convict." No, you had a choice. The brilliantly cynical and untrusting rebels who wrote the Constitution put you there to make the choice. Not an unfeeling robotic choice, not a judge-directed decision, but an independent decision that truly reflects the informed judgment of a "jury of peers."

    The jury has become, not an independent check against the juggernaut of government prosecution, but a mere puppet of the system. In such a legal system, any one of us can be sent to jail for life on the government's whim, because there's not one of us who doesn't -- knowingly or unknowingly -- violate several laws daily; we count on juries to say, when appropriate, "ok, maybe he technically violated the law, but this prosecution is unreasonable, and we're not going along with it."

    Our system was designed to make it really, really hard to convict. And really easy to acquit. If the prosecutor doesn't like the case, he can toss it out. If the judge doesn't like the case, he can toss it out. Heck, if the judge doesn't like the jury's "guilty" verdict, he can toss it out (but he can't set aside a "not guilty" verdict). Why has the jury come to believe they can't exercise at least the same power as the prosecutors and the judge routinely do: the power to toss out a case that just ain't right?

  218. Re:Poor jerk. by Anonymous Coward · · Score: 0

    That's exactly the kind of thing I'm talking about. Imagine it happening three times a day in just one small U.S. state, and you'll get an idea of Thailand's war on drugs in Chiang Mai and Chiang Rai.

  219. Re:Poor jerk. by Daengbo · · Score: 1

    That's the "acquitted by a jury of civilians after a year" case. Yeah, it sucks. It's still not pulling you over, declaring you an enemy of the state, putting you on your knees, and executing you on the spot and in the open because they don't like you, then putting some drugs on your dead body in order to make summarily executing you legal.

    Get some perspective. The cops in the U.S. trial freaked out and overreacted, and they killed someone. (Yeah, it's wrong and I'm not defending it.) Thaksin's police executed over a thousand people on purpose and with forethought.

  220. Re:Poor jerk. by jd · · Score: 1

    Shows how much you read what I wrote. I never said I disliked him, or that I disliked people who act like jerks, I never even assumed that other people disliked him or disliked those who acted like jerks.

    I merely stated that it is a known fact that certain personalities will get convicted whether they are innocent or guilty, and that if this is truly a problem, then it is a problem that needs to be treated and not punished. Geek Syndrome is not a crime, although it is treated as such.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  221. this will have big implication for IT folks by Anonymous Coward · · Score: 0

    the biggest implication is not to be a dumbass and hold your employers network hostage with a password only you know. I've been hoping for a guilty plea and now I must say its a pretty satisfying feeling knowing I was right in the first place.

    C'mon folks this idiot IT guy didn't even have a "hit by a bus" plan, he expected to be the only guy who could maintain the city's network and this is GROSSLY unprofessional to an EXTREME degree. Whoever doesn't agree with this guilty verdict is a pimply nerd out of touch with IT reality.

  222. Re:I guess my gut feeling was right: Fuck the user by U8MyData · · Score: 1

    Is it just coincidence that we call our customers "users" aka drug "users"? "Pst, I got some technology over here..." as I, gently and without suspicion, lift the lapel of my rather worn trench coat.... as the story continues... Seriously, that is what it feels like anymore. Everyone wants it now and if you don't give it to 'em everyone goes all goofy.

  223. Re:Poor jerk. by Altus · · Score: 1

    More importantly, have an exit strategy.

    When he set up this system he should have had a system or policy in place for passing along the passwords after he left (or was fired) from the job. It sounds more like he setup this network thinking he would be working at this job forever.

    What if he had been hit by a bus and died? how can an entire network be managed by only one password that is only in one guys head?

    --

    "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  224. Re:Poor jerk. by CarpetShark · · Score: 1

    Apparently it cost the city 200,000 dollars they wouldn't have had to spend. He caused a trial that cost more money.

    No. He stood up for the right thing, and the stupid corporate types above him didn't like it, so they abused their power and public funds to crush him.

  225. Re:Poor jerk. by mosb1000 · · Score: 1

    What is DWA? Driving While Asshole?

  226. Mod up, mod up, mod up by XanC · · Score: 1

    This is a major check on the power of government which has been all but ignored.

    If you are on a jury, you may acquit for any reason. The judge won't tell you that, but it's true.

    1. Re:Mod up, mod up, mod up by Entropy98 · · Score: 1

      From the SF Gate article:

      The jury deliberated for several days before a lone holdout against conviction was removed from the panel, for reasons that were not disclosed. After an alternate was put in that juror's place, the panel started over and reached a decision in a matter of hours.

      Also see: http://yro.slashdot.org/comments.pl?sid=1633482&cid=32010292

  227. demanding anything by Anonymous Coward · · Score: 0

    Demanding anything from your superiors has a name, insubordination.

  228. Re:Poor jerk. by chaboud · · Score: 1

    I think, after 2 years in jail, the specifics may not matter so much.

    I don't particularly mind giving someone my passwords (provided they have the legal authority to have them) as long as the transfer of that username and password pair is *heavily* documented. At that point, anyone trying to associate information or action with my username has a field of possible suspects. When I quit my last job, my information just stopped working. I didn't have to hand any private data to anyone.

    I'm pretty shocked that an IT guy on the jury wouldn't hold to that. As soon as you set up a system, you should have *two* (or more) admins. You fire one, you're still good.

  229. Re:Poor jerk. by Grishnakh · · Score: 1

    Driving While Asian

  230. As an American, I wish we'd THINK before speaking by Anonymous Coward · · Score: 0

    GP didn't say he thought Childs was completely innocent.

    He didn't say that it was only because of a judge's instruction that he convicted, or that he thought he didn't have a choice.

    He only said that he was not swayed by emotional appeals; that he was convicted despite not being the only person at fault. Like, you know, you'd expect someone making a decision based on law to act.

    But don't let me stop you from going off on your own personal tangent.

  231. Told ya... by alexo · · Score: 1

    Told ya.

  232. Those weren't police, stop with your doublespeek by Anonymous Coward · · Score: 0

    It said that police have the ability to coerce passwords out of that administrator's custody. Upon authentication awaiting for police to coerce those passwords, none qualified as police because they lacked the ability to "coerce passwords" from that administrator.

    I hear Malox has the ability to coerce bowel movements through an intestine, and it is a prove fact. Police are supermen, but it's just too bad there aren't any being trained that way nowdays. I just can't find myself to calling anyone with a GED and Football-bully training as Police, and it's the same reason I don't call a No-Tech license holder a HAM Radio Op.

    English, do you speak it m*th*rf*ck*r?

  233. Re:Poor jerk. by darkpixel2k · · Score: 1

    It's still not pulling you over, declaring you an enemy of the state, putting you on your knees, and executing you on the spot and in the open because they don't like you, then putting some drugs on your dead body in order to make summarily executing you legal.

    Bah! We skip all that by sending in the SWAT team because some 'informant' said they saw you smoking a joint. The SWAT team swoops in, shoots your dog, then shoots you because they thought you had a weapon. Saves a lot of time and hassle. No declaring you an enemy of this or that, planting evidence, etc... ;)

    Get some perspective. The cops in the U.S. trial freaked out and overreacted, and they killed someone. (Yeah, it's wrong and I'm not defending it.) Thaksin's police executed over a thousand people on purpose and with forethought.

    I agree. There's a difference between premeditated murder of thousands verses simply shooting someone for 'contempt of cop' without any forethought.

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  234. Re:Poor jerk. by iamhassi · · Score: 1

    stop worrying, personal recording devices will save the day. Won't be long before cops can't dump without it being public information.

    --
    my karma will be here long after I'm gone
  235. What about the $200,000 in damages? by slashqwerty · · Score: 2, Interesting

    There has been very little quality reporting on this case. Thanks for posting your comments on it. It would be really nice if you could take your 200 pages of notes and write up a summary of the key evidence (or maybe just post the notes).

    According to the linked article there must have been a finding that Mr. Childs caused at least $200,000 in damages. I have not seen this addressed anywhere*. Would you care to comment on that? How was this number arrived at? Would the damages have been different if he had been hit by a bus?

    *The article has been amended to indicate the city incurred $1 million in expenses to regain control of the network and do vulnerability testing.

  236. anonymous coward by Anonymous Coward · · Score: 0

    I was in a similar situation about 6-7 years ago working for a departmentat at Emory University in Atlanta.

    I took the situation to HR.They sided with the department andof course things went hay wire, and to the left.

    My point is, if there is no or lack of policy enforcement, lack of oversight by management, Project Management, lack ofchange and fault management, Infosec practices, RFC review, and skilled IT directors, this can happen.

    I feel for Mr. Childs and he got a RAW deal !!

    This could have easily been resolved by all parties amicabally without losing respect for one's position, by HR mediating or interceeding to protect his rights as a employee and position.

  237. Irony is... by ibsteve2u · · Score: 1

    ...one court convicting someone of "denial of service" even though he denied no service after another court has told Comcast that they can deny service for any old reason that they please.

    We're not seeing the application of "justice" in America; we're seeing the application of that malapropism: Might makes right.

    --
    Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
  238. It does not matter who makes the rules. by Anonymous Coward · · Score: 0

    If the rules are broken to start with (people serious about security demand that nobody shares or gives passwords to anybody else) there should be no chance to convict somebody for following the rules.

    If an entity is incompetent enough to corner itself in depending in one individual only in order to access their own resources, then it is not the individual who is to blame, it is the entity that didn't have any forethought about a situation in which the doorman was not there anymore (whatever the reason).

    If the law protects such organizations then the law is a sham.

  239. Re:Poor jerk. by darkpixel2k · · Score: 1

    stop worrying, personal recording devices will save the day. Won't be long before cops can't dump without it being public information.

    Yeah--except that now it's illegal to record cops in at least one state. I don't recall which one, but it's on the east coast. You record 'em, you go to jail. Awesome.

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  240. Anonymous Coward. by Anonymous Coward · · Score: 0

    When the lawyer turned politicians write law, they only have a vague idea about their intention and leave the interpretation of the law to the appeals courts. Lawyers never acknowledge their mistakes and correct them. However, Mr. child had the city property - intangible yet still having value was the password. Every thing he creates using the city's property and at his paid time belongs to the city. Even if he is fired, he has to return the city's
    property which is citizen's property too. When his ego and stupid stubborn refusal to respect the law and terms of his employment he was guilty. If you challenge each law at our own convenience, US society will become a Middle East Mullas (not actual law) controlled state and defeat the purpose of creating a democratic society. He got himself into his trouble without first consulting a lawyer about the ramification of his refusal to give away the pass word.

  241. Re:Poor jerk. by sbeckstead · · Score: 1

    Wow, again, saying this drivel is insightful is like saying Reverend Jones saved their souls in Guyana.

  242. Isn't that frustrating? by mbessey · · Score: 1

    We had someone like that on the jury I served on for a Federal case. One of our jurors decided that she didn't want to be responsible for sending someone to prison, so she was going to vote "not guilty". We had to explain to her several times that that wasn't her decision to make, and that we were supposed to be determining whether or not the defendants were guilty of the crimes they had been charged with. I was worried that she'd have to be removed from the jury, and that'd result in us not being able to come to a decision.

    Eventually, she agreed to discuss the case, and we managed to come to a decision. Well, 6 decisions, actually, since we had 2 defendants, each charged with three different crimes.

  243. Sprocket "perfectly" blown right away by Anonymous Coward · · Score: 0

    #1. Don't pay sprocket any mind, he is a bullshit artist. #2. http://slashdot.org/comments.pl?sid=1293667&cid=28621185 where sprocket was totally "perfectly" (the word he refused to define along with his evading all questions put to he) #3. Sprocket also likes to put words in others mouths they never even said and tries to state they "implied it" when his dull brain obviously cannot interpret written english properly because when asked by the person replying if sprocket could find where said person supposedly stated what sprocket said he did? Sprocket ran or evaded all questions there. I bookmarked that for everyone's reference so this no mind Sprocket could see it again and regret his stupidity in being a wanna be computer expert (not). He certainly got his ass handed to him there. Read it yourselves, and decide how "expert" sprocket really is.

  244. Sprocket "PERFECTLY" blown away by Anonymous Coward · · Score: 0

    #1. Don't pay sprocket any mind, he is a bullshit artist. #2. http://slashdot.org/comments.pl?sid=1293667&cid=28621185 where sprocket was totally "perfectly" (the word he refused to define along with his evading all questions put to he) blown away #3. Sprocket also likes to put words in others mouths they never even said and tries to state they "implied it" when his dull brain obviously cannot interpret written english properly because when asked by the person replying if sprocket could find where said person supposedly stated what sprocket said he did? Sprocket ran or evaded all questions there. I bookmarked that for everyone's reference so this no mind Sprocket could see it again and regret his stupidity in being a wanna be computer expert (not). He certainly got his ass handed to him there. Read it yourselves, and decide how "expert" sprocket really is.

  245. Sprocket "PERFECTLY" blown away by Anonymous Coward · · Score: 0

    #1. Don't pay sprocket any mind, he is a bullshit artist. #2. http://slashdot.org/comments.pl?sid=1293667&cid=28621185 where sprocket was totally "perfectly" (the word he refused to define along with his evading all questions put to he) #3. Sprocket also likes to put words in others mouths they never even said and tries to state they "implied it" when his dull brain obviously cannot interpret written english properly because when asked by the person replying if sprocket could find where said person supposedly stated what sprocket said he did? Sprocket ran or evaded all questions there. I bookmarked that for everyone's reference so this no mind Sprocket could see it again and regret his stupidity in being a wanna be computer expert (not). He certainly got his ass handed to him there. Read it yourselves, and decide how "expert" sprocket really is.