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Palin E-Mail Snoop Gets Year In Prison

netbuzz writes "David Kernell, whose prying into Sarah Palin's personal e-mail account caused an uproar two months before the 2008 presidential election, was today sentenced to a year and a day by a judge in Knoxville, Tenn. Kernell was convicted of misdemeanor computer fraud and felony obstruction of justice back in April. His attorney had argued for probation on the grounds that what Kernell did amounted to a prank that spun out of control."

417 comments

  1. As I recall by Anonymous Coward · · Score: 2, Insightful

    It was guessing the answer to her Security Question that was publicly available on the internet. If that's "hacking" then I'm fucking Kevin Mitnick.

    1. Re:As I recall by DurendalMac · · Score: 4, Informative

      Do you see "hacking" in there? He was convicted of computer fraud as he accessed an account that was not his. He also got busted for obstruction of justice by panicking and wiping his drive, which is what landed him the real jail time.

    2. Re:As I recall by Pojut · · Score: 4, Insightful

      I gotta say, hacking a high-profile politician's email account (ESPECIALLY when they are running for vice president, which means everything of theirs is being watched 24/7) is a really stupid idea. There's pretty much no way you can get away with that nowadays...

    3. Re:As I recall by schmidt349 · · Score: 2, Insightful

      For better or worse, laws against computer hacking are generally phrased in terms of "unauthorized access" to computer resources, "unauthorized" meaning when you know or ought to know you have no right to them. The law isn't cognizant of how involved or intricate the legwork necessary to obtain access is. A similar situation obtains with the DMCA and its poorly worded prohibition of "circumvention" of "effective" anticopying measures. Is ROT-26 "effective" as a matter of law? What about ROT-13?

      You might compare someone being charged with breaking and entering into a house, the door to which was secured with a strip of masking tape.

    4. Re:As I recall by countertrolling · · Score: 2, Funny

      ...I'm fucking Kevin Mitnick.

      Fag!

      --
      For justice, we must go to Don Corleone
    5. Re:As I recall by jez9999 · · Score: 3, Funny

      If that's "hacking" then I'm fucking Kevin Mitnick.

      I think Kevin Mitnick might have something to say about that.

    6. Re:As I recall by Anonymous Coward · · Score: 0

      I think Kevin was better known for his phone phreaking forays, or his succulent social engineering successes, might I recommend:

      "If that's 'hacking' then I'm fucking Albert Gonzalez"

    7. Re:As I recall by drougie · · Score: 1

      I gotta say, hacking a high-profile politician's email account (ESPECIALLY when they are running for vice president, which means everything of theirs is being watched 24/7) is a really stupid idea. There's pretty much no way you can get away with that nowadays...

      clearly you don't fully appreciate the seductiveness of epic lulz for which this was done

    8. Re:As I recall by Anonymous Coward · · Score: 0

      It was guessing the answer to her Security Question that was publicly available on the internet. If that's "hacking" then I'm fucking Kevin Mitnick.

      Leaving aside the unintentional irony of citing Mitnick in this context (and if it was intentional you may stop reading and start laughing at me), I suppose you mean you would have used a far more costly, complex, technically advanced set of techniques in your failed attempts to access the account.

    9. Re:As I recall by amicusNYCL · · Score: 4, Insightful

      I gotta say, hacking a high-profile politician's email account (ESPECIALLY when they are running for vice president, which means everything of theirs is being watched 24/7) is a really stupid idea. There's pretty much no way you can get away with that nowadays...

      You think that when Sarah Palin became the candidate, that the government started monitoring traffic on her Yahoo account? That's not how this kid was caught, he was caught because he changed the password and posted it online.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    10. Re:As I recall by Pojut · · Score: 1

      No, I think she (or at least people close to her in an official capacity) started paying closer attention.

      Besides, my point wasn't even directed at her specifically, just in general.

    11. Re:As I recall by RealGrouchy · · Score: 5, Insightful

      It was guessing the answer to her Security Question that was publicly available on the internet. If that's "hacking" then I'm fucking Kevin Mitnick.

      Most people's (snail) mail boxes are unlocked, but it's still mail fraud to go picking through them.

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    12. Re:As I recall by alen · · Score: 4, Insightful

      might not be hacking, but he still had no business going into her email

    13. Re:As I recall by MozeeToby · · Score: 2, Insightful

      Is it somehow more illegal to trespass someone's house if they have 5 locks on their door vs only one? Why should it be more or less illegal to do something based on how difficult it is? It is the behavior that the effort allows that is being punished, either trespassing or accessing someone else's email without permission.

    14. Re:As I recall by Feyshtey · · Score: 1

      By this line of reasoning if I find the key to your front door hidden under your doormat, then it's acceptable for me to enter your home.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    15. Re:As I recall by Anonymous Coward · · Score: 0

      At least it is not Matt Damon or Ben Affleck

    16. Re:As I recall by arivanov · · Score: 1

      So is the answer to the question "Should I destroy evidence". He got away lightly on this one.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    17. Re:As I recall by SuricouRaven · · Score: 1, Informative

      They probably did - which is sort of ironic, considering the reason for the scandal. The not-a-real-hack revealed that Palin had been using her private Yahoo email account to conduct government business in order to hide from FOIA requests and such accountability.

    18. Re:As I recall by Anonymous Coward · · Score: 0

      I would actually guess it's a large black man who's fucking Albert Gonzalez at the moment.

    19. Re:As I recall by clone53421 · · Score: 2, Insightful

      You might compare someone being charged with breaking and entering into a house, the door to which was secured with a strip of masking tape.

      Someone can be charged with breaking and entering. In fact, the door doesn’t need to be locked at all. If they even just open the door, they are breaking and entering. If the door is already open, they are only trespassing unless/until they steal something.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    20. Re:As I recall by Charliemopps · · Score: 0

      Hi Kevin!

    21. Re:As I recall by badboy_tw2002 · · Score: 3, Insightful

      Of course, nothing ever came of that, did it? Sounds more like "shoot the messenger" to me.

    22. Re:As I recall by RsG · · Score: 4, Insightful

      Thank you, someone else who gets it.

      Crime is not about how hard it was for the perpetrator to commit it. Crime is about intent, or sometimes criminal negligence. "But the door was unlocked" is not, has never been, and should not be a legal defence.

      Now, "intent" itself can sometimes be vague or fuzzy enough to leave room for doubt. You cannot be tried with trespassing on land that a reasonable person would not have known was off limits. And the balance of the law, the concept of innocence until guilt is proven, should favour the accused; if there is reasonable doubt, acquittal should be the outcome.

      But that was not the case here. There was no doubt as to the accused's guilt, both in the crime itself and the attempted cover-up. Political angles aside, this would have been criminal no matter who the victim was, or what the perp's motive.

      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    23. Re:As I recall by drcheap · · Score: 2, Informative

      Is it somehow more illegal to trespass someone's house if they have 5 locks on their door vs only one? Why should it be more or less illegal to do something based on how difficult it is?

      It's not that it is more or less illegal, but rather a higher difficulty sure reflects intent better. Intent, when proven, can have quite an impact on judgements in a legal case.

    24. Re:As I recall by Shakrai · · Score: 1

      He also got busted for obstruction of justice by panicking and wiping his drive

      Should have used encryption......

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

      Sounds more like "shoot the messenger" to me.

      The messenger broke the law. If I break into your house and discover that you are the next incarnation of Jeffrey Dahmer should I get a pass on the B&E charges that would otherwise be coming my way?

      --
      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:As I recall by Anonymous Coward · · Score: 1, Funny

      "more lube?"

    27. Re:As I recall by ArcherB · · Score: 2, Informative

      The not-a-real-hack revealed that Palin had been using her private Yahoo email account to conduct government business in order to hide from FOIA requests and such accountability.

      I don't remember seeing that. I remember that is what people were looking for, but nothing was found as I recall. Seeing as how the messages were posted online, can you direct me to the emails where she was doing gov't business on her Yahoo account to hide from FOIA requests?

      Thanx.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    28. Re:As I recall by Mister+Whirly · · Score: 2, Informative

      Something tells me if you offered the police evidence of a serial murderer, they would probably give you immunity to the breaking and entering part. It is up tho the discretion of the DA whether or not to prosecute crimes. Just becasue you commit a crime does not automatically mean you will be charged.

      --
      "But this one goes to 11!"
    29. Re:As I recall by Anonymous Coward · · Score: 0

      Are you saying that Kernell paniced?

    30. Re:As I recall by Shakrai · · Score: 1

      But that's not what this guy did. He didn't break into Sarah Palin's account, discover evidence of a crime and run down to the US Attorney's office to cut a deal. He broke into her account and tried to cover his tracks. I'm not very likely to receive an immunity deal for breaking into a house, discovering evidence of a serial killer then keeping my mouth shut until the cops find my fingerprints on the doorknob.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    31. Re:As I recall by DrSkwid · · Score: 1

      The door was unlocked is a valid defence in the UK.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    32. Re:As I recall by PRMan · · Score: 1

      Actually, if the door is already open, they are only trespassing if they have been asked not to be on the premises in the past.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    33. Re:As I recall by PRMan · · Score: 1

      Except, as noted above, when it is the founder of Facebook...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    34. Re:As I recall by c6gunner · · Score: 4, Insightful

      There's pretty much no way you can get away with that nowadays...

      Pure unadulterated nonsense. Drive around town and find an open WiFi access point. Use an internet cafe. Use the TOR network. Hack a couple foreign computers (for some reason, Korea is especially easy), and bounce the connection through them. For best results, combine all of the above. There's pretty much no way you could NOT get away with it, unless you're a complete idiot. Which this guy obviously is since not only did he not bother to cover his tracks while breaking into the account, but he also didn't take any precautions when he released the information. He was just begging to be busted.

    35. Re:As I recall by SuricouRaven · · Score: 0

      Win? :>

    36. Re:As I recall by __aagmrb7289 · · Score: 1

      You know, if the answer if "NO", then how about you just gawdamn say so, instead of wasting everyone's time hunting through stories that just restate the speculation? Jeez.

    37. Re:As I recall by ArcherB · · Score: 0

      Right. I've seen the emails. Now which of these are official Alaska government business? There may be some politics in there, but I'd be offended if she was using official Alaskan email servers for politics. So, which of these emails contain business of the government of Alaska?

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    38. Re:As I recall by amicusNYCL · · Score: 4, Insightful

      Really? The Gawker article in particular has plenty of screenshots showing government correspondence. Do you think an email from another government official title "veep talking points" is personal? What about a draft of a letter to Schwarzenegger about a tax? Is that also personal business? Why use an email account which is not required to be archived for government business? What about the emails asking how to hide communications between each other?

      We both know there's no way of proving intent, but that's a hell of a lot of circumstantial evidence, youthink?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    39. Re:As I recall by LordSnooty · · Score: 1

      There's pretty much no way you can get away with that nowadays...

      I can think of one way - keep quiet about it. But that's not the Anonymous way.

    40. Re:As I recall by amicusNYCL · · Score: 1

      How about the one from her deputy chief of staff's official government account with the subject "Draft Letter to Governor Swarzenegger / Container Tax"?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    41. Re:As I recall by CharlyFoxtrot · · Score: 1

      I'm sure he's used to that kind of thing, having gone to federal 'pound me in the ass' prison and all.

      --
      If all else fails, immortality can always be assured by spectacular error.
    42. Re:As I recall by forkfail · · Score: 1

      She was using it for official business.

      Even if we don't get the bodies of all the emails, simply the number of communications (in the thousands) with aides and government officials suggests that she was either (1) spending all her time gossiping instead of actually, you know, doing her job, or that (2) she was using the private account for government business.

      http://www.washingtonpost.com/wp-dyn/content/article/2008/09/17/AR2008091703304.html

      --
      Check your premises.
    43. Re:As I recall by koreaman · · Score: 1

      [citation needed]

    44. Re:As I recall by MozeeToby · · Score: 1

      So wait... you accidentally walked up to the front door, accidentally defeated the lock somehow, and then accidentally walked through the front door. And in this case, changed the lock so the original owner couldn't get it and invited all your friends over for a party at your new place. Intent is pretty well established here, and I highly doubt that you could gain entrance to a strangers email unintentionally. Well, maybe if you found their account logged in on some public machine, but in that case you'd have a very, very good case and wouldn't be doing jail time.

    45. Re:As I recall by ArcherB · · Score: 0

      How about the one from her deputy chief of staff's official government account with the subject "Draft Letter to Governor Swarzenegger / Container Tax"?

      Was that official government business? Was she sending this letter to Gov Arnold in her official capacity as governor? Was the email actually sent to Gov Arnold from her Yahoo account or was she requesting editing help from someone else?

      Again, I would not consider asking for an opinion of a "draft" letter to be official government business. Now if a letter was sent to the CA governor trying to set up some type of deal, say to set up an energy trade or something, you'd have something. But that's not what this was. This was a draft letter that may or may not have been sent to Gov Arnold. This request for edit help on this draft letter had absolutely no effect on Alaskan policy.

      Try again.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    46. Re:As I recall by sumdumass · · Score: 4, Insightful

      They probably did - which is sort of ironic, considering the reason for the scandal. The not-a-real-hack revealed that Palin had been using her private Yahoo email account to conduct government business in order to hide from FOIA requests and such accountability.

      Well, using it to get around FOIA requests is a but misleading. It was never proven that was the reason. It could have been the result but the laws on it do not take the result as the reason automagically. It was argued by Palin and staff that it was a messup detailing that the blackberries used had both personal and government emails attached to them and by selecting a contact, it showed the name of the contact not the email address and it was simply a mistake that personal email addresses ended up being used. This was supported by numerous other politicians as well as businesses claiming they have realized the same problems in the past or present.

      Stating the idea that the use was in order to to hide from FOIA requests and such accountability is nothing but speculation and inferred opinion. It could be but all official investigations into it determined that it was an accidental oversight caused by the complexity of having both accounts on the same phones. You may want to believe otherwise, but you shouldn't state your opinion as fact when it is little more then your opinion.

    47. Re:As I recall by clone53421 · · Score: 1

      Actually, no, trespass occurs whenever you intentionally enter property that you know belongs to someone else.

      Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally (or in Australia negligently) enters the land of another without a lawful excuse.

      However,

      In most jurisdictions, if a person were to accidentally enter onto private property, there would be no trespass, because the person did not intend any violation.

      In practice, this means that you can pretty easily defend yourself in some cases by arguing that you weren’t aware that you were on private property. So what you said is usually more or less correct, in practice, although technically not really correct.

      Walking into someone else’s house (even if the door was open) is pretty difficult to justify under either of the claims that you didn’t realize that it was private property or you thought it was supposed to be okay for you to go there, unless perhaps there was some kind of sign telling you to come in or something. I’m not sure how far courts would let you take that, though... I rather doubt that they’d swallow the claim that an open door, a Welcome mat and a plaque reading “mi casa es su casa” would be permission to walk in, put a football game on TV, and raid the fridge for some halftime snacks.

      http://en.wikipedia.org/wiki/Trespass_to_land

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    48. Re:As I recall by ctetc007 · · Score: 1

      Would the evidence be admissible in court though? I mean, the 4th Amendment still carries some weight in this day and age...

    49. Re:As I recall by sycodon · · Score: 1

      What's worse, in the UK you can't even shoot the bastard when he does break down the door.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    50. Re:As I recall by sycodon · · Score: 1

      I find it hard to square the traditional Slashdot zeal for privacy in all things with the rank ambivalence and even "she deserved it" attitude over this particular privacy breach.

      So a breach of privacy is fine as long as the person who is the victim is a political enemy?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    51. Re:As I recall by amicusNYCL · · Score: 1

      Was the email actually sent to Gov Arnold from her Yahoo account or was she requesting editing help from someone else?

      She was receiving a draft from her deputy chief of staff. The letter was probably mailed.

      Was she sending this letter to Gov Arnold in her official capacity as governor?

      As opposed to a personal friendship? Yeah, I'm thinking the reason two governors are talking about a tax has something to do with official business in their capacities as governor. Likewise, the draft from her deputy chief of staff would also be official business.

      Again, I would not consider asking for an opinion of a "draft" letter to be official government business.

      You think a deputy chief of staff sending a draft to a governor is not state business? What exactly is it?

      This request for edit help on this draft letter had absolutely no effect on Alaskan policy.

      That is not the point of the law, my friend. The point of the law is that, as public servants, the official correspondence of these people is a matter of public record and needs to be archived. They do not have the discretion to decide what is and is not covered under the law. In fact, that discretion is given to the courts, and it's certainly not given to you and your opinions. As a public servant, if they are corresponding with another official on a matter related to their official duties, then their correspondence is a public record. That's it. "Try again", indeed. Therefore, the fact that they are using unmonitored, unsecured, unarchived accounts for this purpose is a direct violation. So why haven't they been prosecuted? Because the people with access to the mail account didn't bother to save anything before sharing the password with the world, and both of Sarah Palin's Yahoo accounts (she had 2) were deleted the same day shortly after the breach was known, before an investigative agency could even put an injunction on it. "So what", you say, could have been anything in there. And yeah, that's exactly the point, anything could have been in there, we have plenty of circumstantial evidence pointing to the very likely possibility that there was in fact official government correspondence in those accounts (including her secretary directing other people to contact her at those accounts), and there's no way to prove either way. All we have are things like subject lines. And yes, a draft of a letter to another governor on an official matter is in fact official business, regardless of whatever your opinion on the matter is. Was it actually a draft of the letter? I don't know! Would it have been illegal if it was? Yes.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    52. Re:As I recall by Score+Whore · · Score: 2, Informative

      Do you know the difference between government business and politics? Do you know that government officials are barred from using government services for political activities? So a republican politician writing to another republican politician about a republican activity, such as "veep talking points" not only isn't government business, but they cannot use their official computers/email/networks/telephones for that kind of email.

      And I looked through the screen shots in the gawker link and do not see anything that is government business in there, no email's to the governator or anything else.

      You should probably get someone to explain to you the difference between the responsibilities of the governor of alaska, the responsibilities of a vice presidential candidate, and the responsibilities of a family member. Also have them help you understand which are government activities, which are political activities and which are private activities. Then have them give you a quick run down on the idea of appropriate use of public equipment and money.

    53. Re:As I recall by david_thornley · · Score: 2, Insightful

      The Fourth Amendment protects against unreasonable police searches. If a citizen committing an illegal act reports on another citizen, that may be sufficient information to start an investigation and perhaps get a search warrant - and the results of that are admissible in court. The Bill of Rights is much more concerned with limiting the power of government than limiting what people can do.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    54. Re:As I recall by ArcherB · · Score: 1

      ...and there's no way to prove either way...

      DING-DING-DING-DING! We have a winner!

      The original post said:

      The not-a-real-hack revealed that Palin had been using her private Yahoo email account to conduct government business in order to hide from FOIA requests and such accountability.

      ...and that, as you stated, has never been proven, nor can it ever be. No one knows what was in the emails and no one will ever know. That's why it's not really fair to claim as fact that Sarah Palin was using Yahoo email to "...to conduct government business in order to hide from FOIA requests and such accountability."

      As for your email, it could have been deputy chief of staff asking Palin if his/her email to Arnold stating, "I, as a private citizen and in no way relating to my duties as an employee of the state of Alaska, think your policy sux and you have a stupid name" spells Arnold's name correctly. We don't know and we will never know.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    55. Re:As I recall by Actually,+I+do+RTFA · · Score: 2, Insightful

      Do you think an email from another government official title "veep talking points" is personal?

      Actually, kinda. I mean, it's not "personal" but it's not "government business". That is, the purpose of the official accounts are to conduct state business through. But her running for another office (or maybe even re-running for governor) is actually done as Sarah Palin(R) not Gov. Sarah Palin.

      Hell, remember the hell Gore got in for using his office phone to make a call about his campaign?

      --
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    56. Re:As I recall by Anonymous Coward · · Score: 0

      Those are good questions. You should ask them to the people who wrote the DMCA.

    57. Re:As I recall by amicusNYCL · · Score: 1

      Just out of curiosity, why do you think that, after they had regained control of the accounts, they deleted them? Why would anyone delete any communication? Either 1) because you don't need it, or 2) because you don't want anyone else to see it. So either she didn't need her entire 2 personal email accounts, or she didn't want anyone to be able to prove what the contents were. She had control of the accounts, and they knew that whatever was already exposed was exposed, so why delete the accounts under your control? Does it matter that this was in the midst of an investigation where the investigators were seeking the contents of emails that she refused to provide? What about her "special assistant", Ivy Frye, whose emails you see in the personal account, being subpoenaed in the investigation about the emails she was sending to Sarah and several other government officials? It's not exactly a stretch to assume that she was conducting business as the governor through her personal accounts. I emphasize assume because that's all I've ever done, regardless of what you want to say here:

      it's not really fair to claim as fact that Sarah Palin was using Yahoo email to "...to conduct government business in order to hide from FOIA requests and such accountability."

      As for your email, it could have been deputy chief of staff asking Palin if his/her email to Arnold stating, "I, as a private citizen and in no way relating to my duties as an employee of the state of Alaska, think your policy sux and you have a stupid name" spells Arnold's name correctly. We don't know and we will never know.

      I agree. It makes perfect sense and is entirely reasonable that someone would do something like that. Surely it makes more sense to assume that than to assume that someone who has actively sought to try and hide her communication from being archived has .... wait for it ... actually hidden her communication.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    58. Re:As I recall by badboy_tw2002 · · Score: 1

      Nope, but I'd still expect the guy with a bunch of heads in a freezer to be prosecuted. Are you saying because this guy broke the law Sarah gets a pass?

    59. Re:As I recall by Mister+Whirly · · Score: 1

      Ah, but I wasn't talking about what the email guy did, I was answering your direct question about breaking and entering and discovering a serial killer. 2 very different situations.

      --
      "But this one goes to 11!"
    60. Re:As I recall by clong83 · · Score: 1

      Of course she didn't want anyone to read them! That's why she had a password set up in the first place! If she wanted her emails to her Aunt Sally regarding Tripp's bout with strep throat or whatever to have been public, then she would have broadcast them for all to see in the first place! I don't disagree with you in general, but let's be real and not crucify her for getting embarrassed and deleting her personal emails after the debacle. She might have something to hide, but her deleting them after the fact is not evidence of that. I might do the same, and I don't have any state secrets or illegal activity to hide either.

    61. Re:As I recall by sethstorm · · Score: 1

      They probably did - which is sort of ironic, considering the reason for the scandal. The not-a-real-hack revealed that Palin had been using her private Yahoo email account to conduct government business in order to hide from FOIA requests and such accountability.

      The more reason to see that Palin's family wanted blood, and got Kernell.

      It's a shame that the messenger with politically unsavory evidence got shot. While Kernell's opposition gets away clean for doing the very same thing.

      Truth, it burns Palin fans as much as it burns Chicago Machine politicians.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    62. Re:As I recall by tqk · · Score: 1

      Holy hyperbole, Batman. JD cf. "Hah! The potential next VP of the USA uses $blah for a pword on her personal/commercial/unsecured web acct! Ha, ha, ha, ..."

            == jail time? Yah, it was dumb; kids do dumb things all the time. Jail time?!? That's cruel and unusual ...

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    63. Re:As I recall by DeadCatX2 · · Score: 1

      Stating the idea that the use was in order to to hide from FOIA requests and such accountability is nothing but speculation and inferred opinion.

      And you're right. We will never know. Because Palin destroyed evidence when she deleted her email accounts. Funny how only Kernell is serving time for destroying evidence...

      all official investigations into it determined that it was an accidental oversight caused by the complexity of having both accounts on the same phones.

      So you're telling me that she never, ever logged into her personal Yahoo email account from a computer? I highly doubt she typed all her personal emails on that tiny Blackberry keyboard. Sooner or later, you know that she logged into Yahoo from a PC. And when she did, she would see plain as day that some of her official government business was being conducted with the wrong email address.

      If you think the "same phone" excuse passes the sniff test, then you need to buy yourself some Sudafed.

      --
      :(){ :|:& };:
    64. Re:As I recall by cayenne8 · · Score: 1
      I think he also was stupid enough to admit it publicly to the cops/feds, etc. Wasn't his dad an in office politician at the time? I think they thought if he fessed up to it quickly, it would blow over as a prank.

      He should have immediately lawyered up, and shut up. And hiding his tracks? What did he do, drag things to the 'garbage can' on his computer?

      Why did he not do a zero it out type erase, then, take the drive out and smash it to bits?

      I know the feds have good forensics, but I gotta thing that would have been a bit harder for them to get anything admissable as evidence?

      Chances are...the time to be served is more for the obstruction of 'justice' than for the actual crime of breaking in.

      But first rule of anything when dealing with the cops...ESPECIALLY if you ARE innocent, is don't say a damned thing. Lawyer up...the authorities are NOT there to help you out, they are there to try to gather evidence to convict someone...hopefully the guilty, but that's not always who they go after right off to bat.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    65. Re:As I recall by ArcherB · · Score: 1

      I agree. It makes perfect sense and is entirely reasonable that someone would do something like that. Surely it makes more sense to assume that than to assume that someone who has actively sought to try and hide her communication from being archived has .... wait for it ... actually hidden her communication.

      Look, I agree that it smells fishy. Then again, Obama stalling on releasing his birth certificate smells fishy. Does that mean I'm a wacko if I go around saying that Obama is not an American citizen? You bet it does. You could say the same thing for Sarah Palin's email. Yeah, it looks fishy that she deleted them. But you know what, if someone hacked my email and posted all my emails, complete with pictures of my teenage daughters for the whole world to see... I'd delete them too! All of them.

      Yes, Sarah Palin is a public figure, but that doesn't mean that everyone needs to have complete access to everything she, and her kids do. I mean, she could have conducted government business in her bed with her husband Todd. Does that mean we need to place a camera in her room to make sure that she's not trying to hide anything in there? What if she completes state business on the crapper? Do we need to mic her toilet and install a live, 24-hr webcam? Of course not! She may be a public figure, but that doesn't give you access to every aspect of her life.

      I don't see people screaming for Obama's Blackberry text logs. Why Sarah Palins? I don't agree with a witch hunt. I really don't agree a witch hunt that is one sided. It's one thing for the press (or hackers) to go over the line and be overzealous in their investigative reporting. It's something else entirely when they only do it one side.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    66. Re:As I recall by crudd · · Score: 1

      Its not a breach of privacy if its (suppose to be) public record. Which the emails are alleged to be. And why is it ok for Palin to delete the evidence of her alleged wrong doings and the kid gets a year in jail? Yeh, hes dumb. Hes a kid. He'll grow out of it... But not in prison. Just think, it coulda been your dumb ass kid.

      --
      I only post when im drunk.
    67. Re:As I recall by sumdumass · · Score: 1

      And you're right. We will never know. Because Palin destroyed evidence when she deleted her email accounts. Funny how only Kernell is serving time for destroying evidence...

      Wow, do you just invent whatever you need to in order to support your mad Ideology? I mean seriously, this is not anything resembling the truth. Also, the Alaskan AG investigated it and said there was nothing outside an innocent mistake associated with trying to maintain two email accounts on the same devices. She didn't delete anything, and even if she did, it wouldn't matter because the Kernel dude downloaded/screenshot all her email and posted it on the internet. You can still find it with a simple google search.

      So you're telling me that she never, ever logged into her personal Yahoo email account from a computer? I highly doubt she typed all her personal emails on that tiny Blackberry keyboard. Sooner or later, you know that she logged into Yahoo from a PC. And when she did, she would see plain as day that some of her official government business was being conducted with the wrong email address.

      You know, Yahoo doesn't need a web browser to compose and send emails. You can use things called Email client applications. There are lots of them available and some are called outlook, outlook express, thunderbird, and so on. I'm sure Palin logged into yahoo from a computer, but I'm more certain that she didn't always have to. And with the limited amount of cross over information, it doesn't mean she would automagically see the mistakes. When I log into Yahoo from remote computers, I only get about 15 or so messages displayed at a time.

      If you think the "same phone" excuse passes the sniff test, then you need to buy yourself some Sudafed.

      Perhaps you should actually look into the situation and compare reality to whatever you have cooked up in your mind. There wasn't many cross over emails, and they all were emails to or from people she also had a personal relationship with outside of the governorship.

    68. Re:As I recall by Anonymous Coward · · Score: 0

      1. Private email is NOT Public record.

      2. The kid had no idea what was in the emails until he broke in...so much for being a public crusader.

      3. You make his point. For someone who is absolutely convinced that terrorists should be able to talk on cell phones without being wire tapped or pedophiles should be able to keep their drives encrypted, you seem perfectly happy that this guy broke into her email because you don't happen to like her.

      Hypocrite.

    69. Re:As I recall by dbIII · · Score: 1

      For one thing it should have shown that she could not be trusted to do the job the taxpayer was paying her for. Anyone a bit lower down the tree would have been fired and may even have faced jail time.

    70. Re:As I recall by DeadCatX2 · · Score: 1

      She didn't delete anything, and even if she did, it wouldn't matter because the Kernel dude downloaded/screenshot all her email and posted it on the internet. You can still find it with a simple google search.

      You like making stuff up, huh? Partisan hacks tend to do that...

      If Kernell downloaded all of her email, then why don't we just go read the email about taxes and the Governor of CA? Oh, right. Because you're wrong, Kernell only screenshotted a few emails and grabbed a page of subjects, and that's it.

      And if all this information is still widely available, as you say...then did Kernell actually destroy evidence? He only deleted his copy.

      You know, Yahoo doesn't need a web browser to compose and send emails. You can use things called Email client applications.

      mmmm...salty. I use my phone to handle both my personal email account and my business account, without any issues at all.

      And when I log into my Outlook at work, I see my work emails. And when I log into my personal email account, I see my personal emails. Usually, when people log into their email applications, they're doing so in order to look at their email.

      And let me guess, Outlook was being used for both personal and government emails, huh? (not that you would know, but you will certainly try to use that as a defense). Does Outlook also suffer from this "hiding the address" that her Blackberry does?

      You want to tell me that she had no idea a work email went through her Yahoo? Gimme a break. it might have been an innocent mistake to start, but you know she would have seen it sooner or later. She just didn't care. It was just a stupid sunshine law and she thought she was above abiding by it because it was just so troublesome to do things according to the law.

      Regarding "about 15 messages", I would be surprised if she can go all that time sending more than 15 personal emails after each work email before logging in.

      Nope! Try again.

      There wasn't many cross over emails, and they all were emails to or from people she also had a personal relationship with outside of the governorship.

      Stating that there were a limited number of crossover emails based on the tiny amount of information at your disposal is nothing but speculation and inferred opinion.

      Either way, I love how you try to minimize the fact that Palin was currently under investigation for this stuff, and she deleted the accounts during this investigation. However, you must like Palin, and your partisan alignment encourages you to defend her. It's okay that she deleted two email accounts while under investigation, even though only one of her accounts was broken into. There was no harm. Limited crossover emails. Besides, FOIA is a stupid law. Government officials shouldn't be accountable for the things they do in their elected capacity.

      ---

      For the record, I'm not trying to get Kernell out of trouble. He broke the law. He needs punished, and you won't find me saying otherwise anywhere. People also need made aware of the attack vector that is your Security Question; to me, THAT is the real story, not whose email got broken into by whom.

      --
      :(){ :|:& };:
    71. Re:As I recall by sumdumass · · Score: 1

      That's probably true, but it wasn't unusual in the past for people in these positions or levels of positions to not get into trouble for what amounts to incompetence. There seems to be a level of compassion for the incompetent when they are the governor or president or in between to some degree.

    72. Re:As I recall by sumdumass · · Score: 1

      If Kernell downloaded all of her email, then why don't we just go read the email about taxes and the Governor of CA? Oh, right. Because you're wrong, Kernell only screenshotted a few emails and grabbed a page of subjects, and that's it.

      It was posted to wikileaks. And yes, that's all that was there at the time. And no, Kernell didn't have to download all the email, he posted the new password online and allowed others to have access to the site.

      And if all this information is still widely available, as you say...then did Kernell actually destroy evidence? He only deleted his copy.

      Are you really that stupid? Yes Kernel actually did delete evidence. What do you think the purpose of wiping his hard drive was for? And no, the emails weren't the only evidence, cookies and other traces of his activities were on the computer too. And in this case, the evidence was if the person obtained unlawful access to a computer account- not if Palin used personal email for government work.

      If you can't keep someone as fundamental- yet as simple- as that together, you probably have absolutely no right talking about the subject.

      mmmm...salty. I use my phone to handle both my personal email account and my business account, without any issues at all.

      Well, good for you. And if everone in this world was just like you, we wouldn't have any war, automobile accidents, or anything wrong in the world too. The simple reality is that not everyone is like you so stop pretending they are.

      And when I log into my Outlook at work, I see my work emails. And when I log into my personal email account, I see my personal emails. Usually, when people log into their email applications, they're doing so in order to look at their email.And if that was the only way to set up a mail client, I would be with you. But it's not the only way so don't pretend it is. You can set both emails to be checked at the same time so neither account needs to be logged out of. Stop thinking everything is how you have your shit set up. It may be a better set up, but as we discussed earlier, not everyone is you.

      And let me guess, Outlook was being used for both personal and government emails, huh? (not that you would know, but you will certainly try to use that as a defense). Does Outlook also suffer from this "hiding the address" that her Blackberry does?

      Dude, what are you? Some idiot that has never set up an email account before? Yes outlook can be set up to use nicknames instead of the email addresses. In fact, it's the typical default. And yes, it's a feature, not something anything suffers from. You need to get out of your moms basement a little more if your going to talk about shit that's pretty common knowledge on a geek site.

      You want to tell me that she had no idea a work email went through her Yahoo? Gimme a break. it might have been an innocent mistake to start, but you know she would have seen it sooner or later. She just didn't care. It was just a stupid sunshine law and she thought she was above abiding by it because it was just so troublesome to do things according to the law.

      SO what if it was? The law has absolutely no penalty for it even if it happened only the way you set out and prescribe. So what? The only thing that can be done as a penalty is for any legislation talked about in it to be over turned. But then again, they can just reenact it at any time. So fucking what? I mean you are acting like this is the coming of the four horses of the Apocalypse and the end of the world is near. It's not, and the work emails that did get mixed up was barely worked related.

      Regarding "about 15 messages", I would be surprised if she can go all that time sending more than 15 personal emails after each work email

    73. Re:As I recall by amicusNYCL · · Score: 1

      But you know what, if someone hacked my email and posted all my emails, complete with pictures of my teenage daughters for the whole world to see... I'd delete them too! All of them.

      Why? What would doing so accomplish?

      Then again, Obama stalling on releasing his birth certificate smells fishy.

      No it doesn't. He says he was born in Hawaii. You ask Hawaii for his birth certificate. Right there, on the bottom, is a line of text indicating that what you are looking at is prima facie evidence of live birth in Hawaii, and it's good enough for the court system. Case closed. The issue with that was that some people assumed that what was good enough for the court system was not good enough for them, that for some reason they required additional evidence. That's what makes those people wackos.

      Yes, Sarah Palin is a public figure, but that doesn't mean that everyone needs to have complete access to everything she, and her kids do.

      You're right, there are no laws about public figures. But there are laws about certain public servants, and they do at least say that any time she sends a written communication about official government business that it needs to be archived. I'm being vague there because I don't know the actual text.

      I mean, she could have conducted government business in her bed with her husband Todd.

      Todd isn't a government official, so she couldn't. Unfortunately the possibility of streaming a First Blow Job online is very low.

      What if she completes state business on the crapper? Do we need to mic her toilet and install a live, 24-hr webcam?

      Without seeing the legal text, I would assume they only need to archive the phone call or the written messages. Her location is not important, if she wants to call Ahnold while she's pinching one off that's her thing.

      She may be a public figure, but that doesn't give you access to every aspect of her life.

      But it does require access to the aspects that deal with her official duties as governor.

      I don't see people screaming for Obama's Blackberry text logs. Why Sarah Palins? I don't agree with a witch hunt. I really don't agree a witch hunt that is one sided. It's one thing for the press (or hackers) to go over the line and be overzealous in their investigative reporting. It's something else entirely when they only do it one side.

      First, I have no idea whether or not Obama's BlackBerry gets archived, but in order to comply with the laws I would assume that they have his server set up so that it complies with everything. I don't see anything one-sided or political about this, I think that Palin should have been investigated and I think any other politician in any other state subject to the same laws should also be investigated if they try to hide. Just like a partisan witch hunt is a bad idea, it's also a bad idea to let her off the hook for political reasons. She should have been investigated, regardless of which letter she chooses to put by her name. Hell, I'm drawn in most by the hypocritical aspect of it, not the political aspect. She campaigns on how open and honest she is, and then it looks like she's intentionally trying to hide what she's doing (and then quits). String her up, make an example of her for others aspiring to be in her position. If only she didn't destroy the evidence...

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    74. Re:As I recall by crudd · · Score: 1

      1. Private email is NOT Public record.

      If she is conducting official business she shouldnt be using a private email, and it is a matter of public record.

      2. The kid had no idea what was in the emails until he broke in...so much for being a public crusader.

      So if someone breaks into a house and finds dead bodies/bombs/molested children, the homeowner should not be prosecuted/investgated because the evidence was found legally?

      3. You make his point. For someone who is absolutely convinced that terrorists should be able to talk on cell phones without being wire tapped or pedophiles should be able to keep their drives encrypted, you seem perfectly happy that this guy broke into her email because you don't happen to like her.

      Im only convinced that tapping cell phones and decrypting harddrives doesnt stop/fight terrorism or pedophilia

      Hypocrite.

      Yawn. Ok.

      --
      I only post when im drunk.
  2. lol by Anonymous Coward · · Score: 0

    lol status: lol'd.

  3. Year and a day? by Anonymous Coward · · Score: 2, Interesting

    What is the point of adding a day onto the sentence?

    1. Re:Year and a day? by shentino · · Score: 1

      Probably to make sure it got counted as a felony.

    2. Re:Year and a day? by Cthefuture · · Score: 1, Informative

      Because jails often can only hold people for one year. They give that extra day so he goes to prison instead of jail. ie. it's a worse punishment.

      --
      The ratio of people to cake is too big
    3. Re:Year and a day? by Anonymous Coward · · Score: 0

      yeah judges love to do that, a year and a day just to count it a as felony and when applying for a job and the application asks have you been convicted of a felony in the last 8 years you answer yes and don't get the job or say no and hope they don't find out

    4. Re:Year and a day? by sethstorm · · Score: 1

      Sounds like something with how the crime was classified; the extra day being used to (minimally) meet any "over a year" requirement.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    5. Re:Year and a day? by Moridineas · · Score: 5, Informative

      Or, as the article says, he was sentenced:

      by a judge who recommended that the time be served in a Knoxville, Tenn. halfway house

      A little bit different!!

    6. Re:Year and a day? by cduffy · · Score: 5, Informative

      Because jails often can only hold people for one year. They give that extra day so he goes to prison instead of jail. ie. it's a worse punishment.

      Actually, no, it's a more lenient sentence -- a year and a day means you're eligible for sentence reductions based on good behavior and the like; any less and you aren't.

    7. Re:Year and a day? by Anonymous Coward · · Score: 0

      In many states, sentences of a year or less are not eligible for parole. By adding the extra day he becomes eligible.

    8. Re:Year and a day? by Anonymous Coward · · Score: 0

      Translation: We tacked on the extra day to make use of a loophole just to fuck with him as much as possible.

    9. Re:Year and a day? by DogAlmity · · Score: 1

      Dude, if you don't know the answer don't just guess. The extra day makes him eligible for time off for good behavior, so he'll likely get out early. Sheesh.

    10. Re:Year and a day? by Anonymous Coward · · Score: 1, Informative

      >They give that extra day so he goes to prison instead of jail. ie. it's a worse punishment.

      Maybe worse, but I've heard a few first-hand accounts of certain prisons being far more tolerable -- all things considered -- than certain jails. Smaller institutions can be more abusive than larger, more visible ones, and there are economies of scale that can work to the inmate's benefit in a larger institution.

      One person I know who spent some time in prison told me how it would be awful to get transferred from a state facility to a smaller jail, which happened every so often. Going to a smaller jail meant you were stuck with a very transient population, had to deal with huge overcrowding, much worse food, no employment prospects, more harsh rules about stuff like dress code or whether you were allowed to have reading or writing material, etc. Going back to "State" was seen as a relief. It still royally sucked, but at least it was consistent and somewhat more professionally managed. There's also the factor of a stable population (e.g., nobody is going anywhere, any time soon) compared to a small jail (some people are there for a year or two, but most of them are in for a few months at the most.)

    11. Re:Year and a day? by ottothecow · · Score: 1
      That doesn't make any sense...aren't halfway houses usually used for some sort of rehabilitation or reintegration? Either to give you a place to stay where you can be monitored and supported against alcohol/drug type relapses or to give you a place to help you step back into the world after being locked up for many years.

      This guy committed a stupid crime and is on his way to prison for almost certainly less than a year. When he gets out, the world won't be a different place that he no longer knows how to live in (and its not like he needs a drug-style program to keep him from relapsing into his political email stealing addiction).

      Basically if he gets to live in a halfway house...his punishment is simply "live in a crappy area with some possibly unsavory housemates for a year" which really doesn't sound so bad for a felony.

      --
      Bottles.
    12. Re:Year and a day? by dhickman · · Score: 2, Informative

      Probably to make sure it got counted as a felony.

      Yep.

      It also guarantees that his life is now crap.

      He will not vote ever again.
      He will not be able to own a gun.
      His ability to travel can easily be restricted.
      His ability to get a future job is greatly impaired.

    13. Re:Year and a day? by Shakrai · · Score: 2, Insightful

      Don't do the crime if you can't afford to do the time.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    14. Re:Year and a day? by Anonymous Coward · · Score: 1, Informative

      Your answer is on the right track, Cthefuture, but it needs some correction. Actually, county jails in the US often hold people longer than one year. I apologize for not being able to cite the relevant statutes, and I'm not even clear if the controlling law is state of federal, but I just "toured" (for 15 days) the Johnson County Adult Detention Center at Gardner, Kansas, and several people I met were doing sentences longer than a year, even up to three years. Sometimes these sentences were for multiple misdemeanor counts ran consecutively (one after another), and sometimes even for felonies (technically, the jails were "holding" the prisoners for the state Department of Corrections (DOC); the prisoners were officially in the custody of the DOC; again, I can't cite the relevant laws).

      And on this subject, although county jails are supposed to be for minor crime or pre-trial (legally innocent) inmates, and although prisons are supposed to be for more serious crime inmates, the county jails are usually substantially more uncomfortable than prisons. There are also often release options available to prison inmates that are not available to county jail inmates. These options may be parole, certain overcrowding releases, certain in-home (like house arrest) custody options, or good time sentence reductions.

      It's a complicated subject, and everything changes with jurisdiction. But in short, as a defendant, you are usually better off to receive a year and a day rather than a year.

    15. Re:Year and a day? by Anonymous Coward · · Score: 0

      Generally, in the US, a "recommendation" by the sentencing judge holds no legal weight, and thus is usually ignored by Department of Corrections. Moreover, there are limits to what a judge can "order" regarding a sentence. Usually, a state judge cannot specify which facility will house a sentenced inmate. (The controlling law varies by jurisdiction.)

      ~~ Nehmo

    16. Re:Year and a day? by davev2.0 · · Score: 1

      In most locations, any time less than 1 year is served in jail as opposed to prison. A year and a day ensures he serves his time in prison.

    17. Re:Year and a day? by chudnall · · Score: 1

      Except he's going to federal prison. No parole in federal prison. He can get time off for good behaviour, though.

      --
      Disclaimer: Evolution comes with NO WARRANTY, except for the IMPLIED WARRANTY of FITNESS FOR A PARTICULAR PURPOSE.
    18. Re:Year and a day? by icebraining · · Score: 1

      Or be smart and get your ass behind a decent proxy and use a public Wifi without registration. Tor + Starbucks + clean browser is enough.

    19. Re:Year and a day? by Anonymous Coward · · Score: 2, Insightful

      Whats the point of costing us money for him to be "Punished"? How about letting him give restitution by teaching PC skills at a public school, pick up trash for so many hours. Why do we think locking someone in another cage is doing anything to help the victim?

      Jail should be only for violent or particulary dangerous people, the rest of them we should be coming up with ways to restore the loss to the victims of these crimes.

    20. Re:Year and a day? by Stregano · · Score: 2, Funny

      Now you understand why I no longer watch MTV

      --
      The world is how you make it
    21. Re:Year and a day? by lgw · · Score: 1

      Yes, being an ex-felon sucks (by design), but it's not as hopeless as you make it out to be.

      Many states have a way for an ex-felon to restore his right to vote and/or to own a gun after some time has passed. Many larger employers will still hire you as long as the felony wasn't related to violence, drugs, or embezzlement/fraud (which, admittedly, doesn't leave much). Canada probably won't ever let him in, however.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    22. Re:Year and a day? by dhickman · · Score: 1

      Don't do the crime if you can't afford to do the time.

      While your statement is true.

      I would think loosing fundamental rights for the rest of your life is a bit much for something like this.
      When committing a real crime that actually hurts someone will get a less sentence for a first time offender.

      But since this is a CYBER crime affecting someone important...

    23. Re:Year and a day? by Anonymous Coward · · Score: 0

      Here in the southern U.S., our local jail is supposed to be worse than prison.

      Someone I know was sent to jail and spent several months in the local county jail before being sent to the state prison for the remainder of his sentence. In the jail the food is always the same, everyday. Oatmeal for breakfast, baloney on white bread for lunch and beans and corn bread for dinner. At the jail, they were allowed one visitor once a week for no more than 1 hour. No phone calls were allowed. No packages were allowed. Some of the local jails even have chain gangs that they use for cleaning up litter, etc.

      In the prison, the food was much better and there is even a commissary where you could buy other things. They allow weekly phone calls and packages. Also, no chain gangs.

      It's not a cake walk either way, but I would suspect that the prisons are at lot more standardized and less prone to local "get tough on crime" politics.

    24. Re:Year and a day? by Anonymous Coward · · Score: 0

      No, it's to make the crime a 'Class E' felony. i.e. unless superseded by state statute, a prison term greater than one year, but less than five. i.e. kiss your precious rights goodbye.

    25. Re:Year and a day? by Anonymous Coward · · Score: 0

      Probably to make sure it got counted as a felony.

      Yep.

      It also guarantees that his life is now crap.

      He will not vote ever again.

      He will not be able to own a gun.

      His ability to travel can easily be restricted.

      His ability to get a future job is greatly impaired.

      Cry me a river.

      Would you be so despondent had he done this to, say, Obama?

    26. Re:Year and a day? by cduffy · · Score: 1

      No, it's to make the crime a 'Class E' felony. i.e. unless superseded by state statute, a prison term greater than one year, but less than five. i.e. kiss your precious rights goodbye.

      "Superseded by state statute" is pretty darned common. We'd need to actually do our research and look at whether the statute he was charged under specifies the type to determine this.

    27. Re:Year and a day? by Anonymous Coward · · Score: 0

      Yes. Any more stupid questions?

    28. Re:Year and a day? by sumdumass · · Score: 1

      The length of sentence imposed does not determine if something is a felony or not. That's done by statute.

      You could get into a fight with three people and get the maximum sentence for three first degree misdemeanor assaults (6 months *3) and serve an effective 18 month or a year and a half and not be charged with one felony. You can also be charge with and convicted of a felony and not be sentenced to a complete year for the single offense. The offense is generally listed as a felony or misdemeanor by it's sentencing guidelines in which the year long definitions are in play. But all this is determined well before you reach a trial and is not dependent on your sentence post conviction at all. You are either convicted of a felony offense or not. It's not up to the judge to decide at the last minute if it's going to be a felony or not. You have a constitutional right to know what you are being charged with before you are on trial. This is why some laws can be misdemeanor or felony offenses depending on the mens rea and you will be charged with both and the judge or jury can pick which one you are convicted of.

    29. Re:Year and a day? by sumdumass · · Score: 1

      The crime is already a felony or not. The judge cannot simply make up sentencing terms at his whim. These all need to be laid out in law before you even violate the laws otherwise it violated the post facto, and fair and impartial, clauses of the constitution.

      You simply cannot have a law that says If you do X, you can be charge with a crime that will be determined after your trial. What you have is laws saying if you do X, it's a misdemeanor or a felony and then what degree. The law can also say if Y or Z was a factor, it can be a misdemeanor or felony of some greater degree or even jump from a misdemeanor to a felony so that X+Y or X+Z could be a felony. If it's a class E felony, then the minimum sentencing is 1 year.

      IF you only get the minimum, you are not eligible for accrued sentence reductions like time served for good behavior or whatever. This is why you see 1 year plus one day. It's not the minimum and allows good behavior, work system rehabilitation credits and so on. With those, it's possible that half to one third of his sentence could be negated completely as time served being counted in excess of the physical time due to participation in some rehab program or because of his conduct while incarcerated.

      The sentencing doesn't determine if it's a felony or not, the sentence is determined because of it it's a felony or not. You have cause and effect backwards.

    30. Re:Year and a day? by Anonymous Coward · · Score: 0

      And knowing people who have been to prison and jail, most would rather spend 1 year in prison than 6 months in jail (which can be far rougher).

    31. Re:Year and a day? by Anonymous Coward · · Score: 0

      Jail should be only for violent or particulary dangerous people, the rest of them we should be coming up with ways to restore the loss to the victims of these crimes.

      Cynical response: I absolutely agree, but that expects people to make rational, intelligent, responsible decisions, which is a rather absurd expectation.

      More cynical response: If we did that, it would severely damage our enormous, precious prison economy.

    32. Re:Year and a day? by Score+Whore · · Score: 2, Informative

      No, it's so to be sure that the guy qualifies for good behavior time. If someone is sentenced to a year and they are a model prisoner they will serve a year. If they are sentenced for a year and a day and are a model prisoner they will serve about ten months. In other words it's about not fucking him.

    33. Re:Year and a day? by Actually,+I+do+RTFA · · Score: 1

      Probably to make sure it got counted as a felony.

      Sentence and felony status aren't connected in that way... now felonies tend to have longer sentences (usually misdemeanors are less than a year, by statute in some states, and felonies are strictly longer than a year), but whether something is a felony or not is determined by the jury. The judge coming along later has nothing to do with it.

      Now, a year and a day may be the shortest sentence the judge can give for a crime. And considering the judge sentenced him to go to a halfway house, it seems reasonable to think the judge wasn't being an ass.

      --
      Your ad here. Ask me how!
    34. Re:Year and a day? by Actually,+I+do+RTFA · · Score: 1

      the rest of them we should be coming up with ways to restore the loss to the victims of these crimes.

      Or helping society. I tend to really think it's a strength of our system that the prosecutor is the state, not the person the crime was committed against. The person the crime was committed against should get restitution if applicable, but the person's punishment should benefit the state.

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      Your ad here. Ask me how!
    35. Re:Year and a day? by Anonymous Coward · · Score: 0

      So then the question is, does the halfway house get a second year's money minimum for the 1-day added on? And does the judge know the administrator of the halfway house? Does the administrator of the halfway house finance the judge's elections?

    36. Re:Year and a day? by Anonymous Coward · · Score: 0

      How many pancakes does it take to shingle a dog house?

    37. Re:Year and a day? by NotBornYesterday · · Score: 1

      The American criminal justice system is running right off the rails. We are achieving the opposite of rehabilitation.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    38. Re:Year and a day? by Anonymous Coward · · Score: 0

      Don't forget a randomized MAC address... perhaps just use an external USB NIC and keep the internal Wi-Fi off.

    39. Re:Year and a day? by Anonymous Coward · · Score: 0

      It is even worse nowadays. When I was looking for a job, almost all job applications demanded to see my *arrest* record. Not convictions. Not convictions for moral turpitude offenses. Not felonies. They demanded arrest records regardless of conviction or other disposition status.

      I asked HR people about this, and the answer was "if someone was arrested for something, regardless if they were acquitted, charges dropped, or convicted, the resume hits the round file. A jury can be swayed by defense attorneys; judges can be bought. But, if a cop thinks someone is guilty enough to take the time to pull out the handcuffs, they are criminals and will not be working here."

      So, just having fingerprints and mugshots on file even due to public intoxication can keep people from a lot of jobs in life.

      Even with no convictions, arrest records are forever; fingerprints stay on file permanently, and every cop who pulls you over for a traffic stop will see if a person has been jailed or not. And this information is public domain and every insurance company, employer, and ex has access to this.

    40. Re:Year and a day? by mlts · · Score: 1

      This reminds me of one class in criminal justice 101 when someone asked exactly this. The answer pretty much was:

      It all depends on the prison and the jail. In some places, a jail can be just boring with the cellie being a DWI or someone who got caught peeing in some bushes, while a min security prison can have lots of things for prison labor, be it furniture, metalwork, license plates, etc. Other jails can be bullpens where people are tossed in into a room-full of gangbangers looking to "blood in", similar with prisons. In general, the worse the economy and the more populated the area is, the rougher the incarceration time will be.

    41. Re:Year and a day? by Anonymous Coward · · Score: 0

      Because we have some very large businesses who make lots of money from filling up bed space. They have very high powered lobbyists to ensure that the bed spaces remain full.

      This is why you see tougher and tougher sentences for nonviolent crimes. It puts money in the pockets of private prisons and jails.

      Were it up to me, I'd not waste taxpayer dollars on nonviolent stuff like this. The US as a nation needs computer savvy people. I'd give him a choice between enlisting in the Armed Services for 2 years, having a job as a teacher at someplace that needs it, some community service (lots of charities need good admins), or if none of those please him, then stick him in the cooler and give him a conviction. You can't force people to do things, but if given a choice between a permanent conviction for a felony or working somewhere with decent pay in a needed area, most likely would go that route.

    42. Re:Year and a day? by Anonymous Coward · · Score: 0

      Many states have laws that require a felony conviction to carry at least one year and one day in prison. Some states also have 'wobblers' which are charged as a felony but become a misdemeanor if the sentence is a year or less. This was a federal case so I don't know how things work in this specific case. The statute the defendant was convicted under doesn't cite a minimum penalty.

    43. Re:Year and a day? by rockout · · Score: 1

      Incorrect, see above in at least 2 posts. Anything over a year offers the opportunity for time off for good behavior. If the judge wanted to fuck him, he'd have given him exactly one year - and the kid would serve 1 year, regardless of good behavior.

      A year and a day is actually hooking him up. An odd quirk of our legal system, but one that every defense attorney is intimately familiar with.

      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    44. Re:Year and a day? by sumdumass · · Score: 1

      Many states have laws that require a felony conviction to carry at least one year and one day in prison.

      Yes, but this is known before sentencing is imposed or criminal prosecution commences. That was my point, the sentence doesn't dictate if it's a felony or not.

      Some states also have 'wobblers' which are charged as a felony but become a misdemeanor if the sentence is a year or less.

      There are a few in the federal level too. However, it's not up to the whim of a judge to determine if this happens or not, it's sentencing guidlines and mitigating factors that challenge the mens rea the impose this. And all this is laid out in law before criminal prosecution is imposed. A judge simply does not have the option to say two of the three people charged with the same charge who committed the same acts will get a misdemeanor charge and the third will get a felony charge. Their individual actions involved in committing the crime will determine this.

      There is an exception however. It's not important with this case since it wasn't even brought up. The government can ask for, and the judge would then be allowed to, reduce sentencing below the sentencing guidelines and/or reduce felonies to misdemeanors based around the convict's cooperation in the investigation or willingness to testify against another person or offer incriminating evidence that solves a larger problem. But these are the exceptions to the rule and always require special and specific circumstances.

      This was a federal case so I don't know how things work in this specific case. The statute [cornell.edu] the defendant was convicted under doesn't cite a minimum penalty.

      An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—

      It goes by the maximum sentence available under the statute if it isn't specifically spelled out. So if the max sentence is 20 years, it would be a class C felony independent of an actual sentence of 12 weeks or whatever. The only time it would differ would be in one of the special exceptions. The exceptions are after the fact BTW.

    45. Re:Year and a day? by Nyder · · Score: 1

      Because jails often can only hold people for one year. They give that extra day so he goes to prison instead of jail. ie. it's a worse punishment.

      Actually, no, it's a more lenient sentence -- a year and a day means you're eligible for sentence reductions based on good behavior and the like; any less and you aren't.

      I know in King County in washington state, the any sentence over a year (thus the year and a day) can go to prison, otherwise they have to stay in county jail.

      Which if you've ever stayed in King County's jail in Seattle, you'd rather do the time in prison.

      --
      Be seeing you...
  4. If he gets a year... by ickleberry · · Score: 5, Funny

    Then I wonder what punishment the guy who uncovered this has waiting for him.

    1. Re:If he gets a year... by DurendalMac · · Score: 1

      I lost it at "Vladimir Putin, Sultan of Love".

  5. Computer Fraud by Anonymous Coward · · Score: 1, Insightful

    Worse than regular fraud, because I don't understand computers.

    1. Re:Computer Fraud by Infonaut · · Score: 1

      Worse than regular fraud, because I don't understand computers.

      Computer fraud isn't some special set-aside in addition to "normal" fraud. It's just a subset of fraud, akin to mail fraud, identity fraud, tax fraud... the list goes on and on.

      --
      Read the EFF's Fair Use FAQ
  6. actually by Anonymous Coward · · Score: 1, Informative

    he got sentenced to a year and a day in a halfway house, not a prison.

    Theres a difference.

  7. Sentence by UninformedCoward · · Score: 5, Informative

    I am pretty sure the actual sentence was 1 year 1 day in custody; to be served at a halfway house.

    The local source - http://www.newschannel5.com/Global/story.asp?S=13490313&Call=Email&Format=HTML

    1. Re:Sentence by MysteriousPreacher · · Score: 1

      The title is indeed misleading. Where he spends his time is yet to be decided.

      --
      -- Using the preview button since 2005
    2. Re:Sentence by UninformedCoward · · Score: 1

      Agreed, I should have noted "recommended to be served at a halfway house".

    3. Re:Sentence by Anonymous Coward · · Score: 0

      Yes, he could very well serve as a pimp in whorehouse

    4. Re:Sentence by Loadmaster · · Score: 1

      Or, he could very well serve as a Patrick Swayze in Roadhouse.

    5. Re:Sentence by Americano · · Score: 1

      "That was awesome! And it's message is timeless!"

    6. Re:Sentence by Bill+Dog · · Score: 1

      In Roadhouse, Patrick Swayze serves you!

      --
      Attention zealots and haters: 00100 00100
  8. Why? by wjousts · · Score: 4, Insightful

    He committed a crime, so he goes to jail. What damage is it you want to mitigate here?

    1. Re:Why? by Monkeedude1212 · · Score: 1

      Taxpayer money spent upkeeping the institutions.

    2. Re:Why? by wjousts · · Score: 1

      So we shouldn't put anybody in jail because it costs money?

    3. Re:Why? by Anonymous Coward · · Score: 2, Insightful

      He committed a crime, so he goes to jail.

      With logic like that, I can see why your imprisonment rate is about ten times the world average.

    4. Re:Why? by fishbowl · · Score: 2, Insightful

      >What damage is it you want to mitigate here?

      He's taking space and other resources that are not available to a violent criminal. At best, he is raising the cost of incarcerating violent criminals. That's harm to society, to the economy, and weakens the value of a criminal justice system.

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Why? by Monkeedude1212 · · Score: 0

      I would agree with that sentiment.

      I think the money spent on jails could be thrown at education - which has been shown time and time again to be the best way to reduce crime. Something like 80-90% of people in jail don't have any post secondary education, some of them not even a high school diploma.

      There are other ways to deal with crime. I mean as barbaric as the death penalty may seem some of the benefits are that it provides distinct closure to the victims or victim's family members and it incurrs no extra cost - the biggest issues with it being that killing someone for killing someone else suggests that all of morality is flawed and you're really no better than the killer. And then of course - the false positives, people have been killed by the death penalty when they were in fact innocent. So I'm not saying that I condone the death penalty (especially not for hacking an email account anyways) but then again I don't approve of the existing system anyways, so there's no reason I can't bring it up.

      Also in the olden days there was this thing called Exile, where you were banished from the lands. Take all the criminals, ship em to Australia. Worked for the Brit's, Didn'it? Deportation is nothing new.

      I mean, jails don't properly rehabilitate criminals to not be repeat offenders. Sticking all your bank robbers in one place only lets them collaborate on the next bank heist when they get out.

    6. Re:Why? by Shakrai · · Score: 0, Offtopic

      I think the money spent on jails could be thrown at education

      What makes you think the problem with our educational system is a lack of money?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    7. Re:Why? by Golddess · · Score: 1

      Should Australia have a say in having people shipped to them?

      That's the problem with deportation. You need a place that won't refuse to take the people you are deporting. Now I've not done any research into this, so it could still be a viable option, but it feels like there are fewer hospitable places to deport someone to than there were back when Australia was still a penal colony.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    8. Re:Why? by Monkeedude1212 · · Score: 1

      Did you have to pay for an education?

    9. Re:Why? by Shakrai · · Score: 0, Flamebait

      Why don't you try answering the question I asked before asking one of your own?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    10. Re:Why? by Anonymous Coward · · Score: 0

      Also in the olden days there was this thing called Exile, where you were banished from the lands. Take all the criminals, ship em to Australia. Worked for the Brit's, Didn'it? Deportation is nothing new.

      They'd probably just get elected over there. :)

    11. Re:Why? by Monkeedude1212 · · Score: 1

      I answered your question WITH my question. (I think part of the problem is that not everyone has access to post secondary education because it is so expensive.)

    12. Re:Why? by wjousts · · Score: 1

      So you'd have criminals just run lose on the streets then?

    13. Re:Why? by wjousts · · Score: 1

      I doubt he's going to a maximum security "pounded it in the ass" federal prison here. So no reasons taken from violent criminals. Besides, the OP wasn't saying give him some lighter (or non-custodial) sentence, he said pardon him, i.e. let him get off scot-free.

    14. Re:Why? by wjousts · · Score: 1

      I'll be interest to hear exactly where you suggest we exile people to. I'd also suggest that maybe your opinion isn't the opinion of all families of victims of violent crime, re: closure.

    15. Re:Why? by gangien · · Score: 1

      No. the reason is because we have barbaric laws about what people do with their own bodies. Not because people who did crimes go to jail. Besides this guy was recommended to a halfway house. But hell, i would agree that probably probation would have been enough in this case.

  9. Could have been worse by Shoten · · Score: 2, Insightful

    Let's face it; he hacked the email account of a Vice Presidential candidate. Regardless of how one feels about Sarah Palin (I can't stand her myself...the things she says makes me want to slam my head in a file cabinet drawer) it's not rocket science to recognize that what he did is a bit more severe (and consequence-prone) than going after your typical person. He should consider himself lucky that he only got a year, really...I figured they'd do much worse.

    --

    For your security, this post has been encrypted with ROT-13, twice.
    1. Re:Could have been worse by ickleberry · · Score: 4, Insightful

      No really how is that different to someone hacking the email of the randomer next door or anyone else?

      After all a candidate is only a candidate and anyone whose email is hacked can have their reputation ruined for the next job interview or anything else.

      If she was an actual vice president you could possibly attach some national security element to this but even that's a stretch, and giving these people extra protection will just promote the idea of government secrecy, big brother "we need to see your communication but you can't see ours" kind of thing. and there is no doubt in my mind she wouldn't fully back any kind of new mass surveillance initiative.

    2. Re:Could have been worse by Dolphinzilla · · Score: 1

      I agree, I'd say he did pretty well, it could have been much worse consequences - I hold his dad partially responsible for not teaching him any tolerance for the opposing views. My own 17 year old daughter is on the complete opposite side of the political fence from myself and we have healthy debates about conservatism vs liberalism, the democrats and republicans etc. She respects my views and I respect hers - This kid was so brainwashed by his father that he felt it was OK to break into another persons e-mail account to affect a presidential election, it sure seems like dad could stand to bear a little of the blame and punishment !!

    3. Re:Could have been worse by MysteriousPreacher · · Score: 1

      Criminal law shouldn't make such a differentiation. The penalty should only be greater if the information released is specifically protected by law. e.g. corporate espionage or disclosure of state secrets. Allowing a difference here would be like saying that murderer of hoboes should receive a lighter sentence than someone who kills the same number of rich guys. In reality crimes involving powerful people are probably more likely to attract greater attention (and maybe more aggressive sentencing) but in principle this shouldn't really happen.

      All things being equal, a civil suit is where a high profile victim would expect a larger payout based on the more significant losses they can prove as a result of their reputation being damaged and/or loss of earnings.

      --
      -- Using the preview button since 2005
    4. Re:Could have been worse by Anonymous Coward · · Score: 0

      he hacked the email account of a Vice Presidential candidate. Regardless of how one feels about Sarah Palin (I can't stand her myself...the things she says makes me want to slam my head in a file cabinet drawer) it's not rocket science to recognize that what he did is a bit more severe (and consequence-prone) than going after your typical person.

      Why? Sorry, I don't see this at all. Do you mean that if he had hacked, say, MY email account, he shouldn't have gotten the same sentence, simply because I'm just a small fry and Palin's a well-known and influential politician?

      We do NOT have aristocracy in this country yet. How much money or power or influence or connections the victim of a crime has has no bearing on the sentence the perpetrator will receive; or at least that's the theory, and the ideal we all strive for. It may not always be true in practice, but it's what we want, and it's what is right.

    5. Re:Could have been worse by Feyshtey · · Score: 1

      My neighbor, who happens to be a farmer, isnt likely to have anything in his email that could have national political ramifications. While I agree with your premise in principle (that all victimes be given equal consideration under the law), there are crimes which are far more damaging depending on the victim. And the law specifically allows for that variability.

      Threatening to commit bodily harm to your neighbor will definately get the local law enforcement spotlight shone on your for a while, and maybe even produce a little jail. Threatening the President, however, will get you a hell of a lot more attention.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    6. Re:Could have been worse by Anonymous Coward · · Score: 0

      That's so wrong. Everyone is supposed to be equal to the law, right? That's one of the fundamentals in a free society. Are you rejecting this? Also, if Sarah fucking Palin is dumb enough to use a public, poorly protected commodity service for in order to avoid leaving any "papertrail" that's _her_ problem, not something the guy who accesses it should get a special treatment for.

    7. Re:Could have been worse by dkleinsc · · Score: 3, Funny

      I can't stand her myself...the things she says makes me want to slam my head in a file cabinet drawer

      See, this is what makes me different from you. The things she says makes me want to slame her head in a file cabinet drawer.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    8. Re:Could have been worse by hedwards · · Score: 1

      That's how that works. Whenever there's a range of possible sentences, the prosecutors tend to seek tougher sentences when they value the victim than when they don't. It's both human nature as well as the natural consequence of how our judicial system is set up. It's easier to get a death sentence if the victim is valued by the jury than if it's just some random homeless person.

    9. Re:Could have been worse by Anonymous Coward · · Score: 0

      So, in short, there is no equality. If a peon happens to inflict some sort of nagging on a member of the upper cast he must be punished more severely than if he did the same action to a fellow peon.

    10. Re:Could have been worse by Anonymous Coward · · Score: 0

      Because the access of a candidate's email implies intent to do it for the purpose of affecting the outcome of the election (either by gaining secret information or by embarrassing the candidate). As a result, there is an element of election tampering, or at least the intent to tamper, associated with the access.

    11. Re:Could have been worse by Dragon+Bait · · Score: 1

      there is no doubt in my mind she wouldn't fully back any kind of new mass surveillance initiative.

      Forget the fact that on the surface, this sentence contradicts the rest of your post ...

      You do mean measures like the naked body scans at airports? The sexual assault by TSA officials against those who oppose naked body scans? Or are you referring to the same technology being put into vans roaming neighborhoods?

      At least once Obama takes office these things won't happen. Oh, wait ...

    12. Re:Could have been worse by Anonymous Coward · · Score: 0

      he hacked the email account of a Vice Presidential candidate

      No. He looked up the answers to her security questions. That is not "hacking".

    13. Re:Could have been worse by clone53421 · · Score: 1

      “Hacking” is defined as any unauthorized access to a computer system.

      He reset her password, logged into her account, and read her e-mail. His actions were unauthorized.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    14. Re:Could have been worse by Schadrach · · Score: 1

      So you are saying that you feel that it's a *good* thing if politicians are given greater protection under the law and larger penalties are wielded against those that commit crimes against them, and not simply the innate failure of a system run by people that they would put themselves above others?

    15. Re:Could have been worse by Schadrach · · Score: 2, Insightful

      Even if she were an actual vice president, there's no national security element unless she was breaking the law in precisely the manner she was as governor, using a private email account to prevent things from being on the record and potentially accessible to FOIA requests.

    16. Re:Could have been worse by Schadrach · · Score: 1

      ...and if Palin had not been using that particular account to violate the law herself, then nothing in it would have had national political ramifications beyond possibly some embarrassment on her part if she'd had embarrassing personal photos/messages in there.

    17. Re:Could have been worse by Belial6 · · Score: 1

      Even worse, he hacked a private account, that as far as I understand it, would be illegal for her to use for any government business. The only way that any kind of 'National Security' could be attached to it would be if you have already have accepted that she was committing crimes herself. So, how much time did she get? Oh, yeah....

    18. Re:Could have been worse by Red+Flayer · · Score: 1

      We do NOT have aristocracy in this country yet. How much money or power or influence or connections the victim of a crime has has no bearing on the sentence the perpetrator will receive; or at least that's the theory, and the ideal we all strive for.

      HA HA HA

      What country do you live in where this is true, and how can one emigrate there from the US?

      This country is run by, and on behalf of, the wealthy and politically connected. Sure, it's not 100% hereditary, so it's not technically an aristocracy. But it sure damn well feels like it.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    19. Re:Could have been worse by Shakrai · · Score: 1

      Even if she were an actual vice president, there's no national security element unless she was breaking the law in precisely the manner she was as governor,

      Sure there is. Presumably the VP uses his or her personal e-mail to confirm and arrange appointments with friends. You don't think the day to day location of the VP is something that foreign governments/agents would be interested in knowing?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    20. Re:Could have been worse by Anonymous Coward · · Score: 1, Insightful

      She respects my views and I respect hers

      No you don't and no she doesn't. Respect implies agreement.

      You simply both respect civility.

    21. Re:Could have been worse by Anonymous Coward · · Score: 0

      Personal email can contain information that could be used to track or blackmail a politician. Hence there is a national security element to it.

    22. Re:Could have been worse by Buelldozer · · Score: 1

      I must have missed the incriminating emails. Can you link me to them? All I saw when I read them was a bunch of crap that had nothing to do with FOIA requests.

    23. Re:Could have been worse by PRMan · · Score: 1

      But wasn't the result that nobody ever DID find evidence of that?

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    24. Re:Could have been worse by Anonymous Coward · · Score: 0

      Last check the news 2 years ago? The judge went through all her email and still found it an fellony invasion of privacy (and why he was sentenced as a felon). In other words she was not breaking the law by using her private email for government duties, and it was just his excuse to get off of the charges. Enough said.

    25. Re:Could have been worse by nedlohs · · Score: 1

      No.

      The felony was deleting the evidence, the actual invasion of privacy part was a misdeamenor. Even the damn summary makes that clear, FFS.

    26. Re:Could have been worse by Late+Adopter · · Score: 1

      An attack against a high ranking public official is an attack against the state. Assassination is treated as more serious than murder, and so should it be with other crimes.

    27. Re:Could have been worse by tirefire · · Score: 1

      Let's face it; he hacked the email account of a Vice Presidential candidate. Regardless of how one feels about Sarah Palin (I can't stand her myself...the things she says makes me want to slam my head in a file cabinet drawer) it's not rocket science to recognize that what he did is a bit more severe (and consequence-prone) than going after your typical person. He should consider himself lucky that he only got a year, really...I figured they'd do much worse.

      Yes, hacking the e-mail account of a member of the ruling class is a serious crime. The scoundrel should have been placed in the stocks for a day before being drawn and quartered. God save our gracious Queen.

    28. Re:Could have been worse by Anonymous Coward · · Score: 0

      I respectfully disagree. Often, what passes for "respect" is really just keeping your chuckles on the inside. But not always. It is entirely possible to hold actual respect for a position you don't agree with.

    29. Re:Could have been worse by Anonymous Coward · · Score: 0

      That's the layman's usage of the term, and we should probably just cede the point. But geeks are stubborn things, and we make a distinction between "hacking" and "cracking".

      This is /., so if you come in here and start spouting the non-geeky definitions of words, expect to be perceived as a non-geek, and treated accordingly.

    30. Re:Could have been worse by shadowrat · · Score: 1

      She's more important than most people. It's not a measure of worth. It's just the way the world works.

      the impact of a transgression is I^2 * T where I is the importance of the victim and T is the importance of the transgression. Most people are of fractional importance so for anyone to care what happens to you, the importance of the transgression has to be huge. Murder and robbery and rape are big so people will care.

      Achieve some celebrity and your I might get over 1. then people will care about little things happening to you. They probably care more because just being in your proximity raises their I value some.

      If you (though i don't know who you are) or I complained about someone breaking into our email accounts, nobody would care. People would agree you were a victim, but they would have no incentive to pursue anything. If you achieve fame, which is synonymous with importance in our society, then people will care.

    31. Re:Could have been worse by sumdumass · · Score: 1

      But that still doesn't change what he said, the doing illegal activities wasn't a defense. The judge still found it a violation of law which upheld the charges. The claim of exposing wrongdoings was just a defense.

    32. Re:Could have been worse by Actually,+I+do+RTFA · · Score: 1

      No really how is that different to someone hacking the email of the randomer next door or anyone else?

      PR. When DAs care more about getting a conviction, they are less likely to plead out, and will devpte more resources to the trial. There's a lot more political pressure on the DA to convict when people care about the crime. And people cared about the crime because they cared about Sarah Palin.

      --
      Your ad here. Ask me how!
    33. Re:Could have been worse by Dr+Damage+I · · Score: 1

      I seem to have missed the part where she was convicted of anything?

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    34. Re:Could have been worse by Feyshtey · · Score: 1

      Really? So if they were discussing how they were going to respond to talking points it would not give her opposition unfair advantage over the debate of national political events? It would not potentially sway a Presidential election? You don't think that's relevant? Even if she was breaking the law with that email account NO ONE had a right to breach it without credible evidence, least of all some snot-nosed blogger with no law enforcement authority whatsoever.

      How did our nation's morals get so out of whack that people actually justify unethical and criminal activity by saying that the ends justify the means?

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    35. Re:Could have been worse by Anonymous Coward · · Score: 0

      As Governor of Alaska (yes, now former) she had a very high security clearance (just below VP level actually). This is the result of national security implications with ICBMs from Russia and our detection and defenses there. So there definitely could be classified material. National security or not, somebody breaks into my email account they should get a year in jail as well.

    36. Re:Could have been worse by Dolphinzilla · · Score: 1

      I respect her right to form and support her own position and views - but the point of my post was that kids parents put such a hatred of the opposing views in him that he felt compelled to break the law and rationalized it as being a just democrat !

  10. Meanwhile, billionaire Mark Zuckerberg skates by mosel-saar-ruwer · · Score: 5, Insightful

    How Mark Zuckerberg Hacked Into Rival ConnectU In 2004
    Mar. 5, 2010
    http://www.businessinsider.com/how-mark-zuckerberg-hacked-connectu-2010-3

    ...At one point, Mark appears to have exploited a flaw in ConnectU's account verification process to create a fake Cameron Winklevoss account with a fake Harvard.edu email address.

    In this new, fake profile, he listed Cameron's height as 7'4", his hair color as "Ayran Blond," and his eye color as "Sky Blue." He listed Cameron's "language" as "WASP-y."

    Next, Mark appears to have logged into the accounts of some ConnectU users and changed their privacy settings to invisible. The idea here was apparently to make it harder for people to find friends on ConnectU, thus reducing its utility. Eventually, Mark appears to have gone a step further, deactivating about 20 ConnectU accounts entirely...

    1. Re:Meanwhile, billionaire Mark Zuckerberg skates by characterZer0 · · Score: 5, Interesting

      If you are rich, you get away with stuff. It is the American way.

      http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062

      --
      Go green: turn off your refrigerator.
    2. Re:Meanwhile, billionaire Mark Zuckerberg skates by bjourne · · Score: 1

      That is very scandalous how a rich person can buy a DA like that. If everyone else who is getting pissed of by this signs this petition then maybe the decision can be reversed.

  11. The mistake this guy made... by jez9999 · · Score: 4, Insightful

    ... was not being in the Federal government. If he had been, his actions would've been deemed legal.

    1. Re:The mistake this guy made... by Anonymous Coward · · Score: 1, Insightful

      If you want to look at it that way, murder is only murder because it doesn't have government sanction. Do it on your own and you're a monster, do it because the government told you to and you're a hero.

    2. Re:The mistake this guy made... by hedwards · · Score: 5, Insightful

      I'm glad I'm not the only one noticing the irony. Ms. Palin has been really supportive of the NSA's illegal wiretap program. I'm not sure what she thinks the problem is that it was her stuff being accessed or that it wasn't an NSA goon doing it for her protection.

    3. Re:The mistake this guy made... by sumdumass · · Score: 1

      I guess the big distinction is that the federal government is supposed to only do it in relation to terrorist investigations and they are supposed to only release information pertinent to an arrest and conviction. This guy was different as it didn't limit the actions to a gross need to keep people safe and released everything possible outside of any need to prosecute or arrest anyone.

      In other words, the two actions are not comparable because of artificial limitations put in place on one party in the actions. It's like saying your 5 year old brother is a world series baseball player because he's good a T-ball. granted, they are doing similar things, but they are more then technically different.

    4. Re:The mistake this guy made... by Coolhand2120 · · Score: 1

      I'm pretty sure that if someone at the NSA had destroyed evidence that they had committed a crime they would be going down for a felony as well. The ironic part is that the guy was politically motivated and is now a felon and can no longer vote. Now that's a laugh. Sara took his right to vote away. There's some poetic justice in that fact alone.

  12. It is all in who the victim is.... by jythie · · Score: 4, Insightful

    So this kid gets a year in prison... but most cases like this will not even get a return call from the police. I guess it is not just 'how much justice can you afford' but 'how much your victim can afford'.

    1. Re:It is all in who the victim is.... by abigsmurf · · Score: 1

      You are severely misguided if you think sentencing shouldn't be influenced by who the victim is.

      I would expect someone who shot a random 5 year old to get a worse sentence than someone who shot a random 30 year old because the former crime is far worse, despite the only difference being the victim.

      If a random person's emails were hacked and posted online, they get what... 5 people reading them? No one cares about a stranger's email (especially if no CC info was in them) . Palin's a public figure, 10,000s will have gone through the emails. Not to mention she was a potential vice president, even personal information that had nothing to do with her job could have national security implications (or endanger family and friends).

      Yes crimes are sentenced based on the victims, that's because, the nature of who the victim is can mean the crime is more damaging to them compared to most people.

    2. Re:It is all in who the victim is.... by Anonymous Coward · · Score: 0

      ...with liberty and justice for the rich and famous.

    3. Re:It is all in who the victim is.... by Anonymous Coward · · Score: 0

      cards on the table : I'm a 30-something IT-professional, not conservative, and not living in America. But as an outsider, to me it does not seem all that strange that someone that messes with a key vice-presidential candidate -during an election period- is attracting more attention than someone who is doing the same thing but with his neighbours? Don't forget that his actions destabilised her campaign. What would have hapenned if it was someone hacking Joe Biden's account?

      Now, in terms of the actual severity of the punishment, for me as a European it seems absolutely disproportionate, but it seems relatively lenient when compared within the US context. I mean, considering that the US has the biggest prison population in the world, and has approx 1% of society locked up.

    4. Re:It is all in who the victim is.... by NoSig · · Score: 2, Insightful

      I would expect someone who shot a random 5 year old to get a worse sentence than someone who shot a random 30 year old because the former crime is far worse, despite the only difference being the victim.

      Huh, I'd put it the other way around. Is this kind of like how clubbing a baby seal is worse than clubbing a baby raccoon or baby rat? I don't think clubbing any kind of animal is a good thing to do, but being cute or otherwise emotionally appealing doesn't make it worse or better. Do you have some other reasoning? The benefit to society of a 30 year old is higher because such a person is likely to have special skills that can make a contribution, while the 5 year old will have to be heavily invested in to reach that point (with high enough age that relationship reverses). In fact I bet fewer people are likely to shoot 5 year olds than 30 year olds, despite the fact that children are less capable of defending themselves, so that there in fact is more of a need for discouraging the shooting of 30 year olds. I'd put the two things as about equal in terms of deserving or needing punishment, but if there had to a distinction, shooting the 30 year old is worse because it is equally damaging to the victim and more damaging to society. I'm thinking you are a parent, is that true?

    5. Re:It is all in who the victim is.... by osgeek · · Score: 4, Insightful

      I completely don't understand your viewpoint.

      Kernell increased the notoriety of the crime himself by trying to interrupt a very public political campaign. Contrary to your assertion, it isn't like Sarah Palin singled him out and sent her hounds after him. I'd be surprised if she was involved at all in the event beyond turning over evidence and cooperating with law enforcement.

      Kernell cranked the system up to 11 trying to take down a vice presidential candidate of the US... and got burned. You break the law trying to subvert a presidential election and you should get your ass handed to you.

      You might have a point if some criminal stole Sarah Palin's car without knowing who it belonged to then SHE turned the spotlight on him... but that wasn't the case at all. Kernell broke the law in such a way that brought national media attention to it. He has no one to blame but himself for the falling dominoes that he set into motion.

    6. Re:It is all in who the victim is.... by jythie · · Score: 1

      Well, I imagine the 'random person' cares quite a bit, but because they do not have political power the crime should not be considered as serious? Crimes against popular people are more important?
      And I would disagree that killing a 5 year old is worse then killing a 30 year old.. the kid's life is no more valuable or precious. Kill a random person and their age or popularity should not decide what sentence you get.

    7. Re:It is all in who the victim is.... by jythie · · Score: 1

      See, more attention I can see.. that is a media issue. However, a judge should not go to CNN to decide on sentencing. And let us not forget there are plenty of people out there who have lost jobs (or not gotten them) due to background checks that can look inside people's accounts... yet not only are those not punished, they are somehow legal. So simply saying it 'effected their job prospect' does not automatically make the case unique....

    8. Re:It is all in who the victim is.... by Johnny5000 · · Score: 1

      And let us not forget there are plenty of people out there who have lost jobs (or not gotten them) due to background checks that can look inside people's accounts...

      Wait... what? Got more info on this? I've never heard of it happening.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    9. Re:It is all in who the victim is.... by kenh · · Score: 1

      The flip-side is the kid wouldn't have gone and hacked into a random citizen's email, and if he had, the findings wouldn't have been plastered all over the internet/mainstream media like this was two years ago.

      Yes, it's all in who the victim is - a politician on the national level, likely being guearded by Secret Service agents at the time, and without knowing his motives, the breech of a vice presidential candidates private email, which could revel travel plans and compromise security, the Secret Service/Feds took it seriously.

      This kid got what he deserved - with sentence reduction for good behavior, I suspect he won't serve much more than 6-9 months, but that federal conviction is gonna mess up his future employment chances, I do say...

      Hope his 15 minutes of fame were worth it!

      --
      Ken
    10. Re:It is all in who the victim is.... by nedlohs · · Score: 1

      Raccoons and rats are pests, a bunch of seals are endangered species.

      And for the 5 year versus 30 year old it depends on how you count "damaging". Killing a 30 year old likely deprived the victim of 50 years of living. Killing the 5 year old likely deprived the victim of 75 years of living. 75>50 so by one metric killing the 5 year old is worse.

      Economically, along the same lines as your argument, killing the 30 year old is worse. Since there are likely more sunk costs into their education and training.

      From the perspective of a Social Security administrator killing the 5 year old is worse, since the 30 year old dieing before they retire reduces the payouts that would have been made to them, while still collecting 10 years of payins...

      In reality the 5 year old murder is usally considered worse because the 5 year old is far more defenseless, far less likely to have harmed the murderer, and far less likely for their be carrying large sums of money/etc. Of course that means it isn't actually about the victim, the victim is merely correlated with the likelehood of the crime being more "serious" (assuming you consider killing someone or fun worse than killing someone because they resisted being robbed or killing someone because they cut you off in traffic - not a safe assumption I admit).

    11. Re:It is all in who the victim is.... by nedlohs · · Score: 1

      The judge didn't go to CNN, he sentenced signiciantly lower than the minimum end of the federal sentencing guidelines for the conviction.

    12. Re:It is all in who the victim is.... by nedlohs · · Score: 1

      How dumb the offender is at advertising and bragging that he did done it also plays a part.

      And it's not really "afford", it's more "how much does it make life uncomfortable for the cops and hence get pushed up the priority list". Having the damn media bother you for updates puts it higher on the list. The prosecutor, being a politician of sorts, wants things wrapped up before the spotlight goes away so he can have some it - the higher up cops have their own political aspirations or at least want to be on the good side of the prosecutor (and even havea favor outstanding with him), so they'll make sure it's at the top of the underling cop's todo list.

      None of which involve the victim actually doing anything or pushing for anythign at all.

    13. Re:It is all in who the victim is.... by whoop · · Score: 5, Insightful

      What I don't understand from the left side of American politics is how they pick these targets for political "assassination." Obama had substantial lead over McCain in polls and such from the beginning. I could see him winning with little effort, as long as he didn't screw things up himself.

      So then McCain goes for a long shot VP choice, a woman, etc. Sarah wasn't much of a politician herself, some nobody from Alaska honestly. She came out saying your average Republican catch phrases, smaller governement, less taxes, etc. I still didn't see her as helping McCain all that much. Yet, from that moment, the left came out viciously against her, more so than they were against McCain. Who is she? She isn't anybody. Mayor/Governor in Alaska? That's not even a real state. That doesn't count. She doesn't know anything about the "real" America. McCain's old and going to die and she'll be King of the Land. Oh my, we're done fer now if they win. She's stupid too, look, she messed up two words in onne sentence! She's got too many kids. Look at that last one, she can't even breed right. Her daughter's pregnant and unwed, how's that for Republican "values" for ya.

      This cycle, it was just like that with Christine O'Donnell. Again, she had little chance from the beginning. The other guy was ahead by ten or more points much of the time. Yet, the left came right out every day with the same visceral hate. A witch! A witch I tell ya! She's stupid. A duck is stupid. Therefore she's a witch! Then the week before election, they dig up a guy who "slept" with her after one night out at bars one Halloween some years ago. See, she's a slut. She'll sleep with anybody. Republicans and their stupid values. Oh, she only slept at the guy's apartment, no sex? Oh well, she's still a slut!

      Meg Whitman. Well, that one was a little close, within five points at times. Then it's fine if Jerry's wife calls her a whore. She was one after all.

      I think this kid got wound up in this extreme ferver to demonize their opponent to the point that he thinks he'll become a hero finding out Sarah's massive number of secrets that she's discussing with people in her emails. Honestly, what are you going to find? Photos from a family reunion? The secret plans of the Bildeburgers, Illuminati, etc? Still, why not target the actual political enemies for this sort of stuff? McCain, people in much closer elections your side might lose, etc?

    14. Re:It is all in who the victim is.... by Anonymous Coward · · Score: 0

      I would put that conviction on the top of my resume! Hell I would hire the guy on the spot just for that.

    15. Re:It is all in who the victim is.... by feepness · · Score: 1

      I'm thinking you are a parent, is that true?

      Speaking as the parent of a 5 year old, more often than I like I imagine shooting a 5 year old as justifiable homicide.

    16. Re:It is all in who the victim is.... by NoSig · · Score: 1

      I'm talking about the reaction people have to specifically clubbing baby seals, i.e. the method of killing, not the status of the species as endangered. People object to it because baby seals are cute and they are cute because the look a little like human babies - they appeal to our emotions more and so we don't like the thought of them being clubbed to death. Rats are annoying and not cute, so club away, is what is going on there. In the same way parents are miswired to consider child deaths to be more serious than other deaths, because child deaths threaten their genes' investment in having children - this is so strong that it even extends to baby seals.

      Any other reasons are stories we make up to justify that. E.g. the circumstances of a murder already play into how we view it and how it is punished, so there would need be no special status for killing children other than in that that may correlate with certain circumstances. That's not what it is about, e.g. according to your argument that children are less likely to carry money we should view a contract killing of a child as less serious than otherwise. I don't see how that makes sense, in fact I'd expect contract killings to be punished more harshly. The defenseless part is a red herring too - everyone is defenseless to being killed by a non-moron with access to guns. It is also not about years left to live, as we don't consider a killing of a 30 year old to be less serious than a killing of a 25 year old, and people don't get reduced sentences for killing 50 year olds either. It is about the emotions parents have about children, and those parents vote and hold positions of power.

    17. Re:It is all in who the victim is.... by Sibko · · Score: 1

      Kernell cranked the system up to 11 trying to take down a vice presidential candidate of the US... and got burned. You break the law trying to subvert a presidential election and you should get your ass handed to you.

      Except he didn't. I was watching the thread the guy posted on 4chan going "LOL LOOK AT WHAT I GOT ACCESS TO GUISE, SHOULD I POST SOME EMAILS!??!?"

      And then he gave everyone the password and some whiteknight immediately changed it and notified the authorities.

      You'd think that if he were trying to discredit Palin he would've, oh I don't know, saved all the emails and posted them somewhere? The guy was an idiot, but a malicious idiot he was not. He wasn't part of the "left" he wasn't told to politically assassinate Palin and end her chances at election. He was an idiot who thought it'd be funny to break into a presidential candidates' email and brag about it to people on 4chan. Do you know what the catchphrase "for the lulz?" means? That's what this was at its heart. No more motivation than "oh man it'd be fucking ace if people got to see Palin's emails." She just happened to be the low hanging fruit with a bad password.

      It still amazes me how this story has been twisted by demagogues to be completely different from what actually happened.

    18. Re:It is all in who the victim is.... by Actually,+I+do+RTFA · · Score: 1

      I don't understand from the left side of American politics is how they pick these targets for political "assassination."

      That's because you're trying to understand the motivations of a random phenomenon. Whatever story develops first tends to stick. I mean, "Gore exaggerated his importance" is a common story with no proof (I mean, he bragged, but factually). Dan Quayle cannot spell potatoe. Palin got picked on because she wasn't intelligent and had gotten promoted beyond her ability to deal. O'Donnell said a bunch of absolutely retarded things on camera. It's not "a Democratic plot to manipulate the media", it's "the media lazily going after low-hanging fruit".

      . She came out saying your average Republican catch phrases, smaller governement, less taxes, etc. I still didn't see her as helping McCain all that much.

      She portrayed herself as an expert on foreign affairs because Alaska is geographically close to Russia. She wasn't able to describe the Bush Doctrine. She gave embarrassingly inept interviews. And she may have cost McCain the election.

      the left came out viciously against her, more so than they were against McCain.

      Have you ever heard McCain speak? He's thoughtful. Look at some of the bills he sponsored and wrote. Listen to him speak (well, before and early in the election). The reason is because people respected McCain.

      Her daughter's pregnant and unwed, how's that for Republican "values" for ya.

      Yes, hypocrisy is a good story. That's why gay Democrats are openly gay, and gay Republicans get arrested in airport bathrooms. That's also why Republicans cheating on taxes get fined, but Democrats get stories written about them.

      A duck is stupid. Therefore she's a witch!

      For fuck's sake, she said she dabbled in witchcraft on TV. She was a moron.

      Honestly, what are you going to find?

      Her talking points, correspondence with the Governator, and more. But he was hoping to find definite proof she violated recordkeeping laws. I don't know if he did, but I do know that they brought out some crazy technical problem of multiple aliases on some devices merging or getting confused or something to explain the e-mails.

      --
      Your ad here. Ask me how!
    19. Re:It is all in who the victim is.... by Anonymous Coward · · Score: 0

      Sorry if this has gotten stale in my mind, but didn't some of those records include official government business that couldn't legally be handled on a private account that didn't have government record-keeping systems in place? I thought that was his reason for going public (whistle-blower). Was he just wrong about that?

    20. Re:It is all in who the victim is.... by osgeek · · Score: 1

      Yeah, so everyone got it all wrong. The guy didn't track down her email account, guess her password, download some of her emails, post some of them, hand out the password to others, target her because she was a political figure he didn't like. Nope, none of that malicious, illegal stuff.

      He was walking along the internet, minding his own business when whoops! He tripped and fell into her email account, knocking a few emails out by accident.

      I'll agree that he was an idiot. I'll agree that he probably wasn't part of some dark left wing conspiracy. He was, however, from a political family, focused on a political candidate he didn't like, and trying to do her harm doing something that even an idiot would have to know is illegal.

      The rest are all minor distinctions that he can clarify to people in prison.

    21. Re:It is all in who the victim is.... by nedlohs · · Score: 1

      Rabbits are generally considered cute, yet people have very little aversion to killing them in huge numbers when they reach pest levels.

      And parents are not "miswired" regarding their childs death, the species as a whole is correctly wired to prioritize protecting children. Sure you might be an evolutionary throw back to a time before humans had evolved to the point where children take a decade to be self sufficient, luckily most of us aren't and hence the species is still around.

      It isn't a "parent" thing, it's a human thing. Even people who are not parents are hardwired to protect children (for the most part) of their own group (not just family).

      My only point about "defenseless" was, given two randomly chosen killings:

      Killing 1: A 5 year old child.
      Killing 2: A 30 year old man.

      There's an astronomically higher chance that the 30 year old did something to "deserve it". Was robbing a bank at the time he was shot, was picking fights with bikers just before he was clubbed witha crowbar, etc, etc. Hence there's a greater chance the child's killing was more "serious".

    22. Re:It is all in who the victim is.... by NoSig · · Score: 1

      Rabbits are not clubbed to death. For the rest, ad hominem isn't an argument.

    23. Re:It is all in who the victim is.... by NoSig · · Score: 1

      On second thought, I stated that you employed ad hominem, and that isn't true. You were instead mixing poor argumentation and rudeness, but your poor argumentation did not depend on being rude, it merely coincided with rudeness and that isn't ad hominem. It becomes no more interesting to engage with for not being ad hominem, though.

    24. Re:It is all in who the victim is.... by nedlohs · · Score: 1

      The only possible "rudeness" was "evolutionary throwback", and even that doesn't seem rude - just a simple fact that if you think it's a "miswiring" for people to have a desire to protect children then clearly your wiring is missing the stuff evolved along side being social group based animals. It says nothing about whether than is good or bad and hence I can't see how it can be classified as rude.

      Unless your so liberal that anything "old" must be bad, but that seems unlikely.

  13. He should have been a rich banker by Anonymous Coward · · Score: 5, Informative

    Rich banker gets to escape felony hit and run charges, because the judge felt "a felony charge would hurt his ability to make shit tons of money"

    http://dailybail.com/home/outrage-morgan-stanley-banker-escapes-felony-charges-for-hit.html

    1. Re:He should have been a rich banker by firewrought · · Score: 2, Interesting

      Rich banker gets to escape felony hit and run charges, because the judge felt "a felony charge would hurt his ability to make shit tons of money".

      It was the DA, not the judge, who decided to seek two misdemeanor charges instead of a felony charge.

      Googling for "Martin Joel Erzinger" and consulting the non-emotional news items [such as this one], it seems the DA thought this course of action more likely to (1) guarantee conviction [thereby resulting in damage to his permanent record and maybe prison time] and (2) guarantee restitution.

      Perhaps the DA is a scumbag with a special place in his heart for rich people, but I'm so sick of media (and blogger) spin that I'm going to say that maybe, just maybe, he knows more about the ins and outs of Colorado felony hit-and-run convictions than I do and was acting in good faith.

      --
      -1, Too Many Layers Of Abstraction
    2. Re:He should have been a rich banker by aztektum · · Score: 1

      Actually it was the prosecuting DA that dropped it, not a judge. If the guy is ordered to pay a bunch of money, he wanted to make sure the guy would be gainfully employed and positioned to make a ton so he could pay. If he is a convicted felon, he wouldn't be eligible for his rich banker job.

      Not that I agree with the reasoning.

      --
      :: aztek ::
      No sig for you!!
    3. Re:He should have been a rich banker by Anonymous Coward · · Score: 0

      Rich banker gets to escape felony hit and run charges, because the judge felt "a felony charge would hurt his ability to make shit tons of money"

      http://dailybail.com/home/outrage-morgan-stanley-banker-escapes-felony-charges-for-hit.html

      Quote:
      UPDATE:
      District Attorney Mark Hurlbert told HuffPost on Monday afternoon that news reports about the prosecution have been inaccurate. "We charged him with a felony, first of all," he said.

      What's happening is that prosecutors offered Erzinger a plea bargain for restitution and two misdemeanors potentially carrying two years of jail time. What the victim wants, Hurlbert said, is for Erzinger to plead guilty to the felony of leaving the scene of accident, causing serious bodily injury. Under that deal, judgment would be deferred and the felony would be cleared from his record after a few years of good behavior. The misdemeanors, though, would stay on Erzinger's record permanently.

      "This is the right plea bargain given the facts of the case, the defendant's prior criminal history and his willingness to take responsibility," Hurlbert said. "We feel this is far more punitive than the felony deferred."

      Hurlbert did not offer details on the restitution, except to say it would be "significant."

      "As far as employment, in any case where there is significant restitution we certainly take that into account....but it is not the overriding concern. In this case it was not the overriding concern," Hurlbert said. He added that he'd received mixed signals about how a felony or misdemeanor rap would affect Erzinger's ability to do his job.

      http://www.huffingtonpost.com/2010/11/08/martin-erzinger-morgan-stanley-hit-and-run-_n_780294.html

  14. Lesson about VPN servers by Anonymous Coward · · Score: 0

    IIRC one reason why this guy got caught. He used only one anonymous VPN server between his IP and the target. The VPN server was also located in the US.

    Just a note -- don't do hanky panky using a VPN, or else you will get caught. This also applies to P2P, as well as getting false access to an account, especially one of a likely future US President.

    1. Re:Lesson about VPN servers by Anonymous Coward · · Score: 2, Informative

      He wasn't using a VPN, he was just using a web based proxy.

  15. Politically raised charges by Palin's folk. by sethstorm · · Score: 0

    N/T

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Politically raised charges by Palin's folk. by Anonymous Coward · · Score: 0

      What politically raised charges? He accessed her account unlawfully; that's computer fraud. Then he tried to wipe his hard drive; that's obstruction of justice. He probably would have gotten away with a house arrest for 2 or 3 months and no computer access if he didn't wipe his hard drive. The serious time he's looking at is from the obstruction of justice. That's not from Palin's group, that's his own fault and the DA following the law.

    2. Re:Politically raised charges by Palin's folk. by wjousts · · Score: 3, Insightful

      So are you claiming he didn't illegally access her account? This isn't a political thing, he clearly broke the law.

      If he accessed your account, my account or Barack Obama's account, it'd still be a crime.

    3. Re:Politically raised charges by Palin's folk. by abigsmurf · · Score: 0

      The crime was political in nature. She wouldn't have had her account broken into and the details made public if she wasn't such a high profile political figure.

    4. Re:Politically raised charges by Palin's folk. by Dragon+Bait · · Score: 1

      Yes, but if he accessed your account or my account no one would care. If he accessed Obama's account most people taking sides would flip their position.

    5. Re:Politically raised charges by Palin's folk. by Anonymous Coward · · Score: 0

      So are you claiming he didn't illegally access her account? This isn't a political thing, he clearly broke the law.

      If he accessed your account, my account or Barack Obama's account, it'd still be a crime.

      One clearly political thing in all this is the folks claiming the prosecution and sentencing is political because all David Kernell did was hack Sarah Palin's email account and they loathe Sarah Palin so they find it easy to excuse his behavior. Now if, for example, James O'Keefe, had hacked Barack Obama's email account these same people who are so eager to excuse David Kernell would do a full 180 and be screaming bloody murder and demanding that James O'Keefe be thrown in jail to rot forever and ever for defiling the email account of Barack Obama.

      My opinion is that he hacked the email account of a candidate running for one of the highest political offices in the country and so therefore he did more than enough to go to jail.

    6. Re:Politically raised charges by Palin's folk. by Schadrach · · Score: 1

      No, if he accessed my account or your account and proved we were engaging in significant unlawful behavior, he'd probably be praised. If he did that to Obama, there'd be Tea Party protests demanding he be pardoned outright for proving that Obama is corrupt and trying to avoid legally mandated oversight.

    7. Re:Politically raised charges by Palin's folk. by gknoy · · Score: 1

      He'd likely still be prosecuted (if he read your or my mail), as he'd be acting as a vigilante.

    8. Re:Politically raised charges by Palin's folk. by Anonymous Coward · · Score: 0

      And that's how you know that liberals don't truly believe in the reasonings they give. They're not against political breakins, or wars, or deficit spending, or corruption, or lies, etc. It's only bad when it's not being done by one of their own.

    9. Re:Politically raised charges by Palin's folk. by Anonymous Coward · · Score: 0

      No, it wouldn't. Ever had someone you know access your e-mail account without your permission? Call the cops and watch them laugh at you and do absolutely nothing.

    10. Re:Politically raised charges by Palin's folk. by cusco · · Score: 1

      You're making the common conservative mistake assuming that liberals are as partisan and blindered as you are, which isn't the case most of the time. I think you'd find that if Kernell had gotten into Obama's or Clinton's email and found that they're conducting blatantly illegal activities, and Kernell had then exposed those activities, most liberals would be applauding him and complaining about his sentence. The even bigger difference between the liberals and you guys is that we'd then be COMPLAINING ABOUT THE EXPOSED ILLEGAL ACTIVITIES and trying to hold our candidate responsible for them. Conservatives have gone to great lengths to make sure that the entire story is about illegally accessing the account, and absolutely **NOT** about Palin's illegal use of them. After all, it's all right if your guy does it, right?

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    11. Re:Politically raised charges by Palin's folk. by davev2.0 · · Score: 1

      Would you feel the same way if it were YOUR email account he compromised and your information he distributed?

    12. Re:Politically raised charges by Palin's folk. by wjousts · · Score: 1

      For the record, I despise Sarah Palin and think she's a dangerous nut job, and yet I'm the one saying that I think jail is appropriate. I guess your broad generalizations don't really work out so well do they?

    13. Re:Politically raised charges by Palin's folk. by NotBornYesterday · · Score: 1

      Well, if Palin used it illegally, why doesn't someone bring charges against her? From everything I've seen and heard, the snooper was looking for damaging stuff, but found nothing damning.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    14. Re:Politically raised charges by Palin's folk. by sethstorm · · Score: 1

      I'm not a high-profile political figure that puts on a charade about how average I am, yet is not afraid to politically destroy someone with not-so-average-person power.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    15. Re:Politically raised charges by Palin's folk. by davev2.0 · · Score: 1

      Ah, so it is OK to break the law as long as the victim is someone you don't like. You are a person, she is a person, the perp is a person.

      You are also a hypocrite and you didn't answer my question.

      Would you feel the same way if it were YOUR email account that was compromised and your information that was distributed?

    16. Re:Politically raised charges by Palin's folk. by Dragon+Bait · · Score: 1

      If he did that to Obama, there'd be Tea Party protests demanding he be pardoned outright

      Like I said, people taking sides would flip their positions.

  16. Holy shit a year? by falldeaf · · Score: 2, Insightful

    That's a long time for making such a small mistake... There's got to be some sort of easily phrased lesson to be learned here. "If you're going to anger politically powerful people, do it anonymously" ? He should have sent all the data he found to wiki leaks then burned his computer.

    --
    check out the Mp3 Garbler I built!
    1. Re:Holy shit a year? by Moridineas · · Score: 1, Insightful

      Really? Breaking into someone's private email and then distributing what they found -- with clearly malicious intent -- is "such a small mistake" ?

      Furthermore, when you say "He should have sent all the data he found to wiki leaks then burned his computer," that's exactly wrong! Had he not wiped his disk and tried (ineffectively!) to hide the evidence, he probably would have gotten substantially less punishment. In fact HIDING the evidence (obstruction of justice) is what got him the felony. The actual act was just a misdemeanor.

      So in short, you're wrong bout everything!

    2. Re:Holy shit a year? by falldeaf · · Score: 1

      Point taken, I agree that it wasn't right to do. But if he had broken into some random persons email would it have been a year sentence? And if the fact that it's a political figure matters that much this seems more like political disobedience than purely malicious intent. Though I admit I have no idea what his intent was. Sending the evidence to wikileaks would have at least looked more politically motivated. Finally, to your point that I was 'wrong bout everything', if he had burned the computer correctly that would have been more effective that his method and he may have successfully hidden the evidence.

      --
      check out the Mp3 Garbler I built!
    3. Re:Holy shit a year? by Feyshtey · · Score: 1

      An easily phrased lesson? How about this:
      Poke a cat with a stick you might get scratched. Poke a tiger with stick and you'll prove validity in Darwinism.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    4. Re:Holy shit a year? by falldeaf · · Score: 1

      Poke a cat with a stick you might get scratched. Poke a tiger with stick and you'll prove validity in Darwinism.

      Nice, there it is.

      --
      check out the Mp3 Garbler I built!
    5. Re:Holy shit a year? by Hatta · · Score: 2, Insightful

      Really? Breaking into someone's private email and then distributing what they found -- with clearly malicious intent -- is "such a small mistake" ?

      Compared to the crimes committed by the Bush administration, it's a very small mistake. Compared to the crimes committed by investment bankers, it's a very small mistake. Compared to the crimes committed by BP/Transocean/Halliburton/the MMS, it's a very small mistake.

      I don't see anyone responsible for any of the above crimes facing any criminal punishment at all. Yet these crimes cost us hundreds of millions of dollars and cost many people their livelihoods, if not their lives. When people are getting away scot free with crimes of this magnitude, putting someone in jail for a little email hacking really does seem outlandish.

      --
      Give me Classic Slashdot or give me death!
    6. Re:Holy shit a year? by Jah-Wren+Ryel · · Score: 3, Insightful

      Really? Breaking into someone's private email and then distributing what they found -- with clearly malicious intent -- is "such a small mistake" ?

      I gotta disagree there. I don't think his intent was malicious at all - his goal was to expose corruption. He was clearly partisan in his motives, but if that's all it takes to legally qualify for "malicious intent" then all of congress should be in jail too.

      My understanding is that Palin only got away with it because the alaskan court ruled that the state law forbidding what she had done was too ambiguous. But the intent - keeping official government business communications on the record for accountability purposes - was clearly violated, even if the letter may not have been.

      --
      When information is power, privacy is freedom.
    7. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      What happens when you poke the sleeping giant enough times? The government and it's employees will get a bitch slap the likes of which have not been seen in several hundred years. And seeing a stupid kid get a year, while a fund manager walks away from what should have been felony hit-and-run, is the little stick poking away at the sleeping giant. And when it awakens, things are going to burn. And those who were apologists for the corrupt government, or had cute little answers, much like yours, are going to face a reckoning.

    8. Re:Holy shit a year? by Blakey+Rat · · Score: 1

      Trying to influence a Presidential election through illegal means is "a small mistake?" Bullshit.

    9. Re:Holy shit a year? by lwsimon · · Score: 1

      He didn't expose corruption - he changed the password to the account, then posted it on a public forum. Had he hacked it, found evidence, and released the evidence, that would be an entirely different story in my eyes.

      --
      Learn about Photography Basics.
    10. Re:Holy shit a year? by nedlohs · · Score: 1

      The "burned his computer" part is what got him in trouble, so no that's spectacularly bad advice.

    11. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      Committing a crime in order to manipulate an election. This is not substantially different then Watergate, except in the level of ineptness displayed. He criminally tried to manipulate an election and he got a year at a halfway house. I think the system is being completely reasonable, and realized this assault on the nature of our government was a juvenile stunt, not part of a cabal.

    12. Re:Holy shit a year? by Hatta · · Score: 1

      Maybe you know something I don't. As far as I'm aware Obama hasn't lied his way into a war, or authorized torture. Not that I'm any fan of Obama, he is responsible for the lack of justice here.

      --
      Give me Classic Slashdot or give me death!
    13. Re:Holy shit a year? by iceperson · · Score: 1

      So she only got away with it because it wasn't against the law?

    14. Re:Holy shit a year? by Moridineas · · Score: 1

      Two wrongs don't make a right. Just because one crime goes unpunished for some reason does not mean that another -- totally different -- crime is suddenly ok. I guess you and I just have totally different beliefs about the rights of Americans to privacy. Your world quite frankly scares me.

      And like it or not, maliciously breaking into a famous person's email account in an attempt to harm that person is different from you doing it to a neighbor or what not. Sad, but true. People ARE punished for doing this, but as you said, it's harder to get investigations etc going when the case isn't as blatantly malicious (and self-publishing) as this one.

      Lastly, he was not put in jail, nor would he have been sentenced at all probably had he not tried to destroy evidence and obstruct the investigation. Very different situations.

    15. Re:Holy shit a year? by Moridineas · · Score: 1

      I gotta disagree there. I don't think his intent was malicious at all - his goal was to expose corruption. He was clearly partisan in his motives, but if that's all it takes to legally qualify for "malicious intent" then all of congress should be in jail too.

      I completely disagree. If you're just trying to be a good investigator / whistleblower, you DON'T change passwords and post them publicly online for anybody in the world to access. Heck, if his goal had really been to monitor for evidence of "corruption" he would have kept quiet about it and continued monitoring Palin's email. I don't buy your argument at all.

      My understanding is that Palin only got away with it because the alaskan court ruled that the state law forbidding what she had done was too ambiguous. But the intent - keeping official government business communications on the record for accountability purposes - was clearly violated, even if the letter may not have been.

      As I said in another post, two wrongs don't make a right, and 4 or 5 wrongs definitely don't.

      He illegally accessed personal email (wrong)
      He changed the password (wrong)
      He posted the password online (wrong)
      He attempted to destroy evidence (wrong)

      The fact that all four of those things are wrong is not changed at all by whatever Palin may or may not have done. Heck, had he just left it at the first three he would not have had a felony.

    16. Re:Holy shit a year? by Hatta · · Score: 1

      Two wrongs don't make a right. Just because one crime goes unpunished for some reason does not mean that another -- totally different -- crime is suddenly ok.

      Didn't say it did. But if you believe in the proportionality of justice, that the punishment should fit the crime, you can't deny that something is terribly wrong here.

      I guess you and I just have totally different beliefs about the rights of Americans to privacy. Your world quite frankly scares me.

      Perhaps. I happen to think that the systematic wiretapping of American telephones without warrant or court oversight is a bigger crime than this. Either prosecute them both, or prosecute no one. A world in which anyone is above the law frankly terrifies me. Unfortunately, that's the world in which we live.

      --
      Give me Classic Slashdot or give me death!
    17. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      Maybe you know something I don't. As far as I'm aware Obama hasn't lied his way into a war, or authorized torture. Not that I'm any fan of Obama, he is responsible for the lack of justice here.

      And Bush didn't "lie us into a war" either you stupid brain-dead fuck. If he did would you kindly: a.) quote his lies verbatim, and b.) provide proof that the statements were false at the time he said them.

    18. Re:Holy shit a year? by Moridineas · · Score: 1

      Didn't say it did. But if you believe in the proportionality of justice, that the punishment should fit the crime, you can't deny that something is terribly wrong here.

      Well, what do you think the punishment should be for breaking into an email account with malicious intent (could that be a hate crime?), downloading private data, changing the password, and then posting the info online, and lastly, attempting to destroy evidence (the felony here)?

      What should the punishment be? As is, the guy has maybe a year at a halfway house. Yeah, it sucks, but he did some pretty maliciously bad things.

      Perhaps. I happen to think that the systematic wiretapping of American telephones without warrant or court oversight is a bigger crime than this. Either prosecute them both, or prosecute no one. A world in which anyone is above the law frankly terrifies me. Unfortunately, that's the world in which we live.

      Well, technically the NSA wiretapping targeted overseas communications, where the overseas end was a known or suspected terrorist/supporter. I'm not sure that qualifies as "systematic wiretapping of American telephones without warrant or oversight" but I get that you don't find it valid. If you hate that--a program that AFAIK has not been shown to have been used in any way against any American citizens?--you should hate what Kernell did too.

      Nothing is 100%, the world isn't black and white, and nothing is perfect. Beyond obvious? Yes, of course. Is the government above the law? In many, many ways of course it is. The government can be scary as crap. I just don't see how you wander from Kernell's clear crime to shouting at Bush. Stick to your guns here, what's wrong is wrong, whether it's done by the government or the political left or the political right.

    19. Re:Holy shit a year? by Moridineas · · Score: 1

      Point taken, I agree that it wasn't right to do. But if he had broken into some random persons email would it have been a year sentence?

      I honestly don't know, I doubt it. Had he breaken into some random person's email, this crime was investigated and he tried to destroy evidence (like the felony in this case) I HOPE he would get some punishment. I hope anybody that breaks into email (or any other kind of invasion of privacy like that) would get punished.

      I guess you are right that if he had done a better job destroying evidence, things might have gone better, but given that a friend flipped on him at the trial and the university/proxy services etc log IPs, I think he was doomed from the beginning.

      btw, I apologize if "wrong bout everything" came across as overly flip -- it was somewhat flip, but the "bout" was a typo, not a deliberate affectation.

    20. Re:Holy shit a year? by Feyshtey · · Score: 1

      There's a big difference between ridiculing something something any rational person would see as criminal, unethical and just plain stupid, and defending the big bad government.

      I'm right there with you that things should be handled with equality. I'm in full agreement that the rich people with buddies in the right places should burn just as badly as the average joe for the same crime. But your evangelic hatred of 'the man' doesnt accomplish anything more than the aforementioned moron poking a tiger. Be constructive, speak up where you see the injustice, and at least have enough balls to do it front and center. Doing it from the anonymous shadows pretty much makes your indignance petty and ineffectual.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    21. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      Heck, if his goal had really been to monitor for evidence of "corruption" he would have kept quiet about it and continued monitoring Palin's email. I don't buy your argument at all.

      Who said his goal was to "monitor?" He was a kid looking for a smoking gun, not a corruption task force. Thing is, he didn't even know enough about what he found to realize the implications. He thought it was all banal but even "clerical" (his words) government emails ought to be subject to open records laws.

    22. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      Well, what do you think the punishment should be for breaking into an email account with malicious intent (could that be a hate crime?),

      What kind of whackadoodle thinks a political party should be a protected group?

      I'm not sure that qualifies as "systematic wiretapping of American telephones without warrant or oversight" but I get that you don't find it valid. If you hate that--a program that AFAIK has not been shown to have been used in any way against any American citizens?--you should hate what Kernell did too.

      The authoritarian personality type is strong in you. That you can't see a meaningful difference between systemic abuse of government power and a one-off by a kid who was a little too smart for his own good is quite telling. Neither Palin nor, presumably, any american citizen were hurt - but only one of those cases pushes up hard against, if not outright violates, constitutional protections.

    23. Re:Holy shit a year? by Moridineas · · Score: 1

      What kind of whackadoodle thinks a political party should be a protected group?

      What does that have to do with the price of tomato in Des Moines?

      The authoritarian personality type is strong in you.

      Ah, the infamous Internet psychologist who pretends to be able to come to some deep understanding of people based on their flawed interpretations of quote snippets on anonymous internet forums. Nice.

      That you can't see a meaningful difference between systemic abuse of government power

      I used to work for the CIA. I quit because I hated the bureaucracy and I hated the government. Systematic abuse of government (ie the NSA wiretapping) is NOT anything that I'm worried about, no. If I had seen then or since ANY evidence that bad things were happening, I absolutely would care, but I haven't. Just what abuses are we talking about?

      and a one-off by a kid who was a little too smart for his own good is quite telling.

      Yet more forgiving the criminal due to his partisanship. What about his actions -- any of them -- was smart?

      Neither Palin nor, presumably, any american citizen were hurt - but only one of those cases pushes up hard against, if not outright violates, constitutional protections.

      How so?

    24. Re:Holy shit a year? by Anonymous Coward · · Score: 0

      What does that have to do with the price of tomato in Des Moines?

      Really? You are that thick? You don't understand what constitutes a hate crime? I guess that must be true since you went and fished up that red herring yourself.

      Systematic abuse of government (ie the NSA wiretapping) is NOT anything that I'm worried about,

      What you are personally worried about means squat, you are not even close to an authority on civil liberties.

      Yet more forgiving the criminal due to his partisanship.

      More bullshit, just because I refuse to accept your exaggeration does not mean I'm forgiving. But that's precisely the way an authoritarian would perceive it.

      How so?

      Really? You are so thick that you need it spelled out that the constitution is what constrains the government so exceeding its boundaries is a constitutional issue?

      Oh yeah, that's right you aren't worried about it, so it isn't an issue. But when you are worried about something, it needs to portrayed in the most extreme way possible. Typical authoritarian lack of perspective.

    25. Re:Holy shit a year? by Moridineas · · Score: 1

      Really? You are that thick? You don't understand what constitutes a hate crime? I guess that must be true since you went and fished up that red herring yourself.

      I think you're confused here. Attacking someone because of their political affiliation is indeed classified as a hate crime in a number of US states (Tennessee isn't one of them however) and countries across the world! California and DC for instance have hate crimes laws that cover this.

      I'll add that I'm personally against all hate crime legislation.

      What you are personally worried about means squat, you are not even close to an authority on civil liberties.

      Sure, my opinion has zero relevance to you, just like your opinion has zero relevance to me. What does that say about either of our opinions and correlation to reality? Disrespecting another person's opinions isn't enough to mean they aren't right! Ad hominems and anger isn't enough to disprove an argument.

      More bullshit, just because I refuse to accept your exaggeration does not mean I'm forgiving. But that's precisely the way an authoritarian would perceive it.

      Which exaggeration is that?

      Really? You are so thick that you need it spelled out that the constitution is what constrains the government so exceeding its boundaries is a constitutional issue?

      I normally don't respond to ACs, and your post really shows why. Calm down, and read what you wrote. You don't answer one question, you don't introduce a single fact, and you don't advance the discussion in any way. You just insult, rant, swear, and avoid the issues. If you read a post like yours, you would say "Troll!"

      I'm always happy to discuss such things (I wouldn't have posted in the first place if I didn't like the subject) but needless to say, if you can't find it in yourself to answer a single one of my questions or arguments, there's no point for this conversation to continue.

  17. In Related News by sexconker · · Score: 5, Insightful

    In related news, Sarah Palin is still on the loose, endangering all sanity as we know it.

    1. Re:In Related News by Anonymous Coward · · Score: 0

      You heard it hear first: the illustrious "sexconker" doesn't like Sarah Palin--geez, and the Palin camp had so hoped you would pull the line. Hey, I just realized what fun it is to make fun of people. What is it you don't like about SP? Is it her inability to engage in political discourse without resorting to name calling and ad hominem attacks against whomever she disagrees with? Oh wait. I guess that's your shtick, ain't it? Geez, what a coward.

      Your pal,

          --Anonymous Coward.

    2. Re:In Related News by slshwtw · · Score: 1

      I think you meant "on the lose"

    3. Re:In Related News by elysiana · · Score: 1

      In related news, Sarah Palin is still on the loose, endangering all sanity as we know it.

      Actually, I was thinking that two well-placed commas in the headline would have made this a vastly more entertaining story!

  18. Given that this is Slashdot by WCMI92 · · Score: 0, Troll

    And on Slashdot you can't say anything bad about liberals, Barak Hussein Obama, etc, that it's considered a BAD thing for the son of a Democrat congressman to go to prison for hacking Sarah Palin's email, while every commentator on this site would howl for the death penalty if the son of a Republican congressman had done the same to Dear Leader?

    Violating people's privacy is wrong regardless of party affiliation.

    --
    Corporatism != Free Market
    1. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 1

      Heh. And I bet you'll think it's a partisan conspiracy when that comment gets modded down.

      It's possible to make even a fairly partisan point without it being flamebait. Your comment doesn't achieve that possibility.

    2. Re:Given that this is Slashdot by Monkeedude1212 · · Score: 1

      while every commentator on this site would howl for the death penalty if the son of a Republican congressman had done the same to Dear Leader?

      You don't know that for sure.

      And I guess we won't know until they try it and get caught.

    3. Re:Given that this is Slashdot by blair1q · · Score: 1

      That's true, and so is the paranoid delusion that the community is biased against you.

      You're just wrong, is all.

    4. Re:Given that this is Slashdot by thijsh · · Score: 1

      Nonsense, almost everyone on Slashdot can find faults in every other person, including their 'Dear Leader'...

    5. Re:Given that this is Slashdot by brkello · · Score: 3, Informative

      I don't think you know Slashdot very well at all. It is primarily a Libertarian site. I don't think they would react any different if someone hacked in to some Democrat governor's site.
       
      Yeah, violating someone's privacy is wrong. But does it deserve a year in prison? That is what people are objecting to...the overly harsh penalties assigned to crimes regarding computers. The less famous/rich you are the higher the chance you will serve a more severe sentence.
       
      And seriously, try not to be such a partisan douche in the future.

      --
      Support a great indie game: http://www.abaddon360.com
    6. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      Violating people's privacy is wrong regardless of party affiliation

      If only it were true, but we all know that isn't. The differentiator isn't party though; it's citizen or oligarch. If you're a citizen, you may be spied on at will without any possible recourse available. If you are part of the oligarchy, you may not be spied on and will see the citizenry face stiff penalties for any attempts to do so. This case has set that policy in stone.

      Nice straw man you set up there though. Set that thing up and knock it down. I'm soooo impressed.

    7. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      I'm sorry but the suggestion that a Republican heir could use a computer or understandard anything 'modern' is so preposterous that your comment is invalidated.

    8. Re:Given that this is Slashdot by SuperKendall · · Score: 1

      Heh. And I bet you'll think it's a partisan conspiracy when that comment gets modded down.

      No, he'd think it was Slashdot, which has steadily slid away from libertarian roots that would have applauded someone revealing personal emails from ANYONE being charged with an offense.

      Though I'll bet you think it was a conservative conspiracy that has modded his statement up...

      When conspiracies come up it's pretty much always liberals claiming there's a conspiracy at hand. As an example, Birthers (wrongly) think Obama doesn't have a valid certificate, but do not think there's a massive cover-up. Truthers (wrongly) think there's a vast conspiracy that sought to kill people for some perceived benefit of the government.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    9. Re:Given that this is Slashdot by Moridineas · · Score: 1

      It's possible on Slashdot, but less likely.

      Try an experiment. Create a new account and make some stupidass post in the first remotely political article that is either anti-republican or anti-democrat. See what happens!

    10. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 1

      Though I'll bet you think it was a conservative conspiracy that has modded his statement up...

      It's sitting at 2: Flamebait right now, so... no.

      As an example, Birthers (wrongly) think Obama doesn't have a valid certificate, but do not think there's a massive cover-up.

      Really? Where are you finding your Birthers, and how can I get the ones I know to be that sane?

    11. Re:Given that this is Slashdot by jayme0227 · · Score: 0, Flamebait

      What's the point in stating his middle name? I hear it all the time from conservative radio personalities, but hear it rarely elsewhere. You hear a lot about George W. Bush, but it's almost never "George Walker Bush." His father is regularly referred to as George Herbert Walker Bush, but only since his son was elected. Bill Clinton did use his middle name, often being referred to as William Jefferson Clinton, but a lot of people of all political stripes did that. I didn't even know Reagan's or Carter's middle names (Wilson & Earl, respectively) until I just looked it up, though that may just be because they were before my time. As I see it, however, no real convention exists for referring to a president by all 3 (or more) names.

      As for Obama specifically, if you look him up, on either Bing or Google, you'll see that referring to him as "Barack Hussein Obama" is almost entirely the province of the right. So I ask again, why do conservatives insist on using his middle name when neither he, nor most others refer to him in that manner?

      --
      But then I realized the cable was blue, so I only gave it one star. I hate blue.
    12. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 2, Insightful

      Try an experiment. Create a new account and make some stupidass post in the first remotely political article that is either anti-republican or anti-democrat. See what happens!

      Well, my point is, if you make that post and it's not a stupidass post, i.e. you're backing up your position with facts and you're not just regurgitating talking points, it probably won't end up mod-bombed no matter what position it takes. It might get slapped with a negative mod or three, but in the long run it will end up at least where it started and probably higher.

    13. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 1

      So I ask again, why do conservatives insist on using his middle name when neither he, nor most others refer to him in that manner?

      Because it makes him sound scarier and less "mainstream America."

      Er, I hope that wasn't a rhetorical question.

    14. Re:Given that this is Slashdot by SuperKendall · · Score: 1

      It's sitting at 2: Flamebait right now, so... no.

      Well, as I said, this is Slashdot. It was at +4 at the time I posted. I don't think of the rapid decline as conspiracy, as much as a much of people who like to censor what conservatives have to say. Not that they are organized in any way, just as I said that there are a large number on Slashdot.

      Really? Where are you finding your Birthers, and how can I get the ones I know to be that sane?

      Go read what they have to say. They pretty much are all arguing what amounts to a minute point of law around the validity of the certificate, as I said I think they are mistaken and pretty stupid for even pushing the matter anyway, when even if they had a point about one document there are so many other factors that would make it OK for him to be president. You can find a range of sanity levels on the Birther thing, whereas any Truther is pretty much for sure going to be well off the deep end in all sorts of other matters.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    15. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 1

      I don't think of the rapid decline as conspiracy, as much as a much of people who like to censor what conservatives have to say. Not that they are organized in any way, just as I said that there are a large number on Slashdot.

      Again, I'll say: there's writing a conservative point, and there's writing conservative flamebait. That post is #2.

      I'd expect a post that claimed that all conservatives were dirty goat-fuckers to get modded down in the exact same way.

      Reasoned discourse between people who disagree benefits everyone. Posting "OMG if this bad thing that happened to my side happened to your side, you'd hate it instead of loving it, you dirty hypocritical bastards!" doesn't.

      You can find a range of sanity levels on the Birther thing, whereas any Truther is pretty much for sure going to be well off the deep end in all sorts of other matters.

      There again I have to disagree. I've met people who felt that the standard story of what happened on 9/11 doesn't add up in some way or in terms of physics doesn't make sense in some way, who haven't (as far as I can tell) made the leap to the idea that it's all Dick Cheney's evil conspiracy to grow the power of the executive branch and steal oil. But maybe you wouldn't call those people Truthers, in which case I'd say that your problem would be that you're trying to draw a false equivalence between two groups of people with differing levels of crazy. (And between two groups of vastly differing size.)

    16. Re:Given that this is Slashdot by Schadrach · · Score: 1

      It's also wrong regardless of political position. If I were to do exactly the same thing to you, you'd be lucky to get the police to give it a second thought, even if you could pinpoint me for them. Politician? Oh, that's different, they deserve the actual protections named under the law.

    17. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      Again, I'll say: there's writing a conservative point, and there's writing conservative flamebait. That post is #2.

      No one believed you the first time you said it (including yourself), so why did you think repeating it would help?

    18. Re:Given that this is Slashdot by Mongoose+Disciple · · Score: 1

      No one believed you the first time you said it (including yourself), so why did you think repeating it would help?

      Wrong!

    19. Re:Given that this is Slashdot by osgeek · · Score: 1

      Yeah, he could have just stuck with that last line and been okay. His sig is very true too.

    20. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      As a Libertarian I believe it is the governments duty to set up laws to protect me from others, in essence "your rights stop here my nose begins" ideology of minimal government responsibility. And, as a Libertarian, I have to object to your statement. I found it appalling that anyone would hack anyone elses private email, and I find the charges appropriate (after clearing that Palin didn't break any laws using a yahoo email address). If you attempt to hack my email and steal all my private correspondence, then I wouldn't want any less of a sentence for you.
       
          It is irrelevant who you are or who I am at the time.

    21. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      I don't think you know Slashdot very well at all. It is primarily a Libertarian site.

      Lol. No, it's not. It used to be, it's now considerably left of center. I don't know if that's because more Europeans are here nowadays, or more likely it's just that more stupid people can get on the internet and blather about how wonderful an idea it was to elect a nobody community organizer and first term senator as President of the United States.

      You're demonstrably wrong if you think Slashdot is predominately Libertarian anymore.

    22. Re:Given that this is Slashdot by Americano · · Score: 1

      Yeah, violating someone's privacy is wrong. But does it deserve a year in prison?

      Go read the commentary here about Facebook and their privacy practices, and the howls for Zuckerberg's blood, and then consider the question.

      If privacy is important enough to warrant safeguarding, it deserves protection from corporate and personal invasion, even if you don't agree with the politics of the person whose privacy is being invaded.

      As far as the severity of the crime, sentencing guidelines call for 15-21 months, prosecution asked for 18 months, and the judge sentenced him to a year and a day (making him eligible for parole, which is usually applicable after serving 1/3 the sentence, or 4 months), and recommended it be at a halfway house.

      As sentencing goes, that seems fairly light considering the felony charges. He'll probably serve 4 months in a halfway house, and then spend a few years on probation. What would you suggest as a more equitable sentence? (Bearing in mind that what he is guilty of is misdemeanor computer fraud and felony obstruction of justice, of course?) If he hadn't attempted to erase the evidence, he probably would have received a comparative slap on the wrist: the misdemeanor charge would have carried with it a sentence of "up to a year in prison," and would most likely have turned into a fine, community service, and probation - given his age, and the relatively light charge.

    23. Re:Given that this is Slashdot by z-j-y · · Score: 1

      that is just fucking bullshit. if Obama's email was hacked and published, the entire internet including slashdot would want the hacker's head off. well, at least NOBODY would argue that one year is too many.

    24. Re:Given that this is Slashdot by gangien · · Score: 0, Troll

      It is primarily liberal. Don't believe me? go to any net neutrality thread and see all the people begging for big brother to protect them.

    25. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      Hate to say it, but Slashdot ceased being primarily Libertarian around November of 2008. The Liberal voices have been drowning out the Libertarian voice for almost two years now, almost to the point that Slashdot has become irrelevant to me as a Libertarian.

    26. Re:Given that this is Slashdot by horza · · Score: 1

      Or overly harsh penalties for non-violent crimes in general. In general, putting people in jail serves three purposes, (a) to protect the public from this person, (b) teach the person a lesson, and (c) serve as a deterrent to others. If it is a crime where the perpetrator is actually pretty low-risk to the public, it seems to make sense to examine how we can adjust (b) and (c) appropriately because sending people to jail tends to turn them into institutionalised criminals (not to mention becoming a burden on the tax payer).

      The question is, what is the best way they can "pay back" their debt to society, whilst serving as a lesson to others. It seems to me Community Service, doing litter picking etc, along with a criminal record is going along the right lines. When it appears that a rapist is serving less time than somebody that has downloaded a few tunes for private enjoyment, then it is clear some form of reform is needed.

      Phillip.

    27. Re:Given that this is Slashdot by Shadowlore · · Score: 1

      Yeah, violating someone's privacy is wrong. But does it deserve a year in prison? That is what people are objecting to...the overly harsh penalties assigned to crimes regarding computers.

      No, slashdotters are reacting so strongly because, being slashdotters, they didn't RTFA and see that he didn't get a year in prison, nor did he get a year's sentenced for violation someone's privacy. The incarceration is for "obstruction of justice". This felony provides for a maximum of 20 years incarceration, yet the guidelines applied to this case recommend 15-18 months. The *total* term sought by the prosecution was 18 months. How is either the request or the result out of the range in the guidelines? Neither the notoriety of the case nor the perp can be credited with affecting the incarceration term. In this case the guy outright posted his goal was to "disrupt her campaign". The breach of privacy was merely a vessel to his goal, and the end punishment of a felony was for destroying evidence during a federal investigation of his criminal activity.

      The misdemeanor penalty he got for the computer offense is apparently too small to be reported on, and/or is "rolled into" the 18 month request.

      --
      My Suburban burns less gasoline than your Prius.
    28. Re:Given that this is Slashdot by Moridineas · · Score: 1

      ~shrug~ it's worth an experiment surely.

    29. Re:Given that this is Slashdot by Anonymous Coward · · Score: 0

      Maybe because libertarianism is unsustainable, any more than dropping all technology except the nipple and rock and going back to live in caves is sustainable?

      Corporations won't be looking out for your interests; they just want your dollars. At least governments try to do the right thing every so often, and do a decent job at keeping antifreeze out of your wine, aniline dyes out of your clothing, water free of benzines and other toxins from the chemical factory down the way, and the air free of smog and ozone.

      Libertarianism is a refuge for the uneducated who have failed government civics and are too naive to think about the consequences.

    30. Re:Given that this is Slashdot by brkello · · Score: 1

      Only because he is president. They would react the same if Bush was hacked when he was president.

      --
      Support a great indie game: http://www.abaddon360.com
  19. Then make O'Keefe a felon as well. by sethstorm · · Score: 0, Troll

    Kernell's only crime was his political alignment. It would only be consistent to do that as well.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Then make O'Keefe a felon as well. by Moridineas · · Score: 3, Insightful

      Really? His "only crime was his political alignment?" Do you actually believe that? I'm personally glad we have laws that make it punishable to access other peoples accounts and spread their private information without permission. Right to privacy and all that.

      Incidentally I'm not sure if you're missing the details or not, but the felony was obstruction of justice -- attempting to hide and destroy evidence (and so on). Had he not done that, he would have been fine (well not fine, he was still hit with a misdemeanor, but less of a big deal than a felony!)

      I haven't followed O'Keefe closely at all -- what did he do that warrants a felony?

    2. Re:Then make O'Keefe a felon as well. by Anonymous Coward · · Score: 1, Informative

      I thought some of the "details" include Palin using her personal email for government business, which I think is illegal?

      I want to applaud this guy, but at the same time, unless he had a reason to think there was something illegal going on, and the authorities weren't doing anything about it, then he's just being douchy.

    3. Re:Then make O'Keefe a felon as well. by Shakrai · · Score: 2, Informative

      I haven't followed O'Keefe closely at all -- what did he do that warrants a felony?

      Gaining access to the communications infrastructure of a Federal building under false pretenses?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Then make O'Keefe a felon as well. by PRMan · · Score: 1

      His only crime was he wasn't as rich and powerful as Mark Zuckerberg.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    5. Re:Then make O'Keefe a felon as well. by linuxrocks123 · · Score: 1

      See, and this is an example of how courts (well, a jury in this case) still don't really understand computers. The evidence for the obstruction charge is that he delete some photos (not related to the incident) and then defragmented his hard drive. Also, he uninstalled one web browser and cleared the cache in another. This interfered with the later forensic probe, sure, but obstruction of justice requires the /intent/ to interfere with an investigation. That defragging the hard drive was done with the intent of interfering with the forensic probe is not only open to reasonable doubt, but the allegation strains credibility. If he was really concerned about destroying the evidence, he would have reformatted the drive or physically destroyed it. And people clear browser caches for all sorts of reasons. I believe the jury was, on this charge, critically confused.

      ---linuxrocks123

      --
      vi ~/.emacs # I'm probably going to Hell for this.
    6. Re:Then make O'Keefe a felon as well. by Moridineas · · Score: 1

      I don't believe your post is very accurate. It's stated here:

      http://www.knoxnews.com/news/2010/apr/23/fbi-kernell-tried-to-destroy-proof-of-e-mail/

      That part of the obstruction charge resulted from testimony that:

      [Kernell] worried the FBI was on his trail and openly pondered the merits of reformatting his hard drive.

      Furthermore, it seems as if material from Palin's account was deleted ("including deleting from the computer material gleaned from Palin's account") and then he took the steps you mentioned. Next, the guy had malware installed on his computer. I I don't think we're talking any computer expert here... it's interesting he even knew that defrag might do something. How many people just happen to delete files, uninstall a browser, delete cookies, and defrag? Coincidence? That plus the testimony that Kernell was trying to figure out how best to destroy evidence, seems to negate your point.

      So basically, no, you're completely wrong about what the evidence is as far as I can tell.

    7. Re:Then make O'Keefe a felon as well. by Moridineas · · Score: 1

      Hadn't read about that, that would do it!

      edit: though when I checked Wikipedia on O'Keefe right now, it states:

      The charges were later reduced to a misdemeanor of entering a federal building under false pretenses; entered with a guilty plea was a factual basis which found no "evidence that the defendants intended to commit any felony."

      So the difference basically is that the testimony and evidence in the Kernell case led the court to a guilty felony, not so much in the O'Keefe. ~shrug~

    8. Re:Then make O'Keefe a felon as well. by Anonymous Coward · · Score: 0

      Incidentally I'm not sure if you're missing the details or not, but the felony was obstruction of justice -- attempting to hide and destroy evidence (and so on). Had he not done that, he would have been fine (well not fine, he was still hit with a misdemeanor, but less of a big deal than a felony!)

      This is probably the best example of the government trying to make everyone a criminal. Okay, in this case they are just trying to make every michevious kid a felon, but close. Seriously, who has knowingly committed a crime and *NOT* tried to hide and destroy evidence? Isn't that what a fucking lawyer does everyday right in front of a judge and jury? Seriously... Bullshit this is.

  20. Punishment based on victim, not crime by Andy+Smith · · Score: 5, Insightful

    Would he have received the same sentence if he had hacked the email of a random neighbour?

    1. Re:Punishment based on victim, not crime by schnikies79 · · Score: 1, Insightful

      Probably not, but he should.

      --
      Gone!
    2. Re:Punishment based on victim, not crime by Monkeedude1212 · · Score: 1

      Welcome to the American Judiciary system.

    3. Re:Punishment based on victim, not crime by Anonymous Coward · · Score: 0

      Victim *and* perpetrator. As also evidenced by the BART cop who liquidated a handcuffed guy, getting a 2y slap of the wrist.

    4. Re:Punishment based on victim, not crime by silas_moeckel · · Score: 2, Insightful

      Yea because people need to go to jail for crimes that hurt nobody? He "hacked" a single email account a handful of hours of community service and nothing on his record. There is nothing to show a pattern or even any real malice intent he guessed a trivial password for haha's.

      --
      No sir I dont like it.
    5. Re:Punishment based on victim, not crime by js3 · · Score: 1

      Is random neighbour protected by the secret service? if yes then YES, if no the NO.

      --
      did you forget to take your meds?
    6. Re:Punishment based on victim, not crime by mapkinase · · Score: 2, Informative

      "real-life" equivalent (snail-mail forwarding):

      http://answers.uslegal.com/civil-rights/privacy/14722/

      A person submitting a false change of address form may be imprisoned for up to five years, or more in certain instances, plus subjected to a fine up to $250,000. The charges may be obstruction or mail, theft or mail, and/or making a false statement.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    7. Re:Punishment based on victim, not crime by Sneeje · · Score: 1

      No, because it wouldn't have had the same impact. His actions had influence on a major election. Would anyone upset by the verdict be as upset if the victim had been Joe Biden?

    8. Re:Punishment based on victim, not crime by Anonymous Coward · · Score: 3, Interesting

      There was an interesting slashdot post I saw a while ago which is relevant here, and which I'll attempt to paraphrase.

      Basically, there are three classes of people in America - the ruling class (politicians, CEOs, and the filthy rich), those who directly protect the interests of the ruling class (the police and military) and everyone else. Call these first, second, and third class respectively. To come to the right sentence, you take a reasonable punishment, and multiply it by 10^([class of victim]-[class of perpetrator]).

      Case in point - BART cop kills relatively unimportant black guy. Class of victim minus class of perpetrator is 2 - 3 = -1. Multiplier is hence 0.1. A reasonable prison sentence for shooting an unarmed, handcuffed person in the back would start at about twenty years, but the multiplier pulls that down to 2 years, as was seen. Also, if you assault a police officer, you can probably expect a sentence starting at about ten times what you would get for assaulting someone random in a bar, unless that person turns out to be a member of one of the higher classes.

      This is a rather extreme example. If you really got unlucky doing this to a member of your own class, the prank might get you a few days in jail. But by pissing off someone two classes higher than himself, our prankster earned himself a sentence multiplier of 100, or about a year in jail. Let this be a lesson to any third class person stupid enough to piss off a first class person. The justice^H^H^H^H^H^H^H legal system frowns on such a disruption of the natural order of things.

    9. Re:Punishment based on victim, not crime by metamechanical · · Score: 2, Insightful

      If you have trivially-bypassed locks on your house, and someone "picks" them and walks in, are they still guilty in the United States of breaking and entering? As much as I hate to so heavily punish somebody for a harmless prank, adding "on a computer" to a crime shouldn't change it dramatically. Harm was done, and traditional breaking and entering typically carries sentences greater than what he received.

      --
      If I had a nickel for every time I had a nickel, I'd be richcursive!
    10. Re:Punishment based on victim, not crime by Demonantis · · Score: 1

      I don't understand why he didn't use that as his defense. It is used consistently in other instances. As much as the system is broken. It is considered that the law must be applied as evenly as possible even if that means it can not be applied. http://en.wikipedia.org/wiki/Equal_Protection_Clause. I don't want to get into if it was legal or not. It would be nice to see people charged for account hacking. I'm just saying that it is a defense.

    11. Re:Punishment based on victim, not crime by Anonymous Coward · · Score: 0

      Just realized I switched the classes of perpetrator and victim in the equation above. It's actually 10^([class of perpetrator]-[class of victim]).

    12. Re:Punishment based on victim, not crime by clone53421 · · Score: 1

      If you have trivially-bypassed locks on your house, and someone "picks" them and walks in, are they still guilty in the United States of breaking and entering?

      It may depend on what state you’re in, but generally speaking, yes. In fact, even if the door wasn’t locked at all, you are “breaking and entering” if an unauthorized person opens it and enters. However, if the door was already open, you’re not breaking and entering (but you are trespassing).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    13. Re:Punishment based on victim, not crime by osgeek · · Score: 4, Insightful

      Probably not.

      1. When you commit a crime in an attempt to make a presidential election go your way, you bring a lot of media attention to your doorstep. The justice system will usually make sure to prosecute you fully when everyone is watching.

      2. Hacking your neighbor's email affects your neighbor and a few other people. Impacting a presidential election with your unlawful actions affects a nation. Shouldn't the impact of your crime play a role in punishment?

    14. Re:Punishment based on victim, not crime by Anonymous Coward · · Score: 0

      No, it probably would have been worse.

    15. Re:Punishment based on victim, not crime by ScentCone · · Score: 2, Interesting

      He "hacked" a single email account a handful of hours of community service and nothing on his record. There is nothing to show a pattern or even any real malice intent he guessed a trivial password for haha's

      You're being every bit as disengenuous as he was. He was hacking into her account to look for dirt in an attempt to manipulate the outcome of a national election. Still, just a misdemeanor. But then he went on to deliberately obstruct the investigation, lying to investigators, attempting to hide evidence, etc. Most of his sentence (which doesn't involve prison time, but of course you know that, and you're just trolling) is a result of his dicking around with the law enforcement agencies, not with the hack itself.

      --
      Don't disappoint your bird dog. Go to the range.
    16. Re:Punishment based on victim, not crime by silas_moeckel · · Score: 1

      And if the kid down the street picked the lock on your shed and took a peek in would you want them to go to jail for breaking and entering?

      --
      No sir I dont like it.
    17. Re:Punishment based on victim, not crime by cusco · · Score: 2, Insightful

      Was Biden using an outside email account to illegally hide official activity from public view? If he was and that evidence got exposed then I'd applaud the guy and I'd complain about his sentence. Then I'd try to hold Biden's feet to the fire for his illegal actions.

      Of course that's the opposite of what the Rethuglicans want, they prefer to applaud Palin's illegal usage of the account and complain about its exposure. Since it's their guy that makes everything A-OK, the only REAL crime is exposing their criminal actions.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    18. Re:Punishment based on victim, not crime by Sneeje · · Score: 2, Insightful

      I dislike Palin as much as the next normal IQ American, but I can't agree with your end-justifies-the-means approach based on your heavily-stereotyped view of a particular group, especially since the reasoning is based on broad speculation and bigotry. It sounds like you are saying what the kid did should be punished based on some sliding scale that takes into account who the victim is and whether or not the victim was doing something you agree with. That sounds awfully subjective and impossible to translate into any population's diverse number of world-views.

    19. Re:Punishment based on victim, not crime by horza · · Score: 1

      1. One of the purposes of handing down a sentence is as a deterrent to others, so the "making an example" is easier if there is a lot of coverage. This can also work against somebody rich or famous, as sometimes the courts will want to make an example that nobody is "above the law". An Olympic athlete failing getting caught for a drug offense may well get a harsher sentence, for example.

      2. As mentioned elsewhere, the sentence was for obstruction of justice and not for accessing the email. However, certainly the impact makes a difference. For instance if you hack your neighbours email and get reported then you may get a slap on the wrists. Unless you happen to be a stalker with a restraining order, in which case it may be taken much more seriously. In general, there will probably be a general punishment for the computer misuse, along with another separate punishment for whatever caused the "impact" (invasion of privacy, blackmail, harassment, etc).

      Phillip.

    20. Re:Punishment based on victim, not crime by MadUndergrad · · Score: 1

      So where's the case against the people who hacked the CRU climate researchers' email? The ones who leaked their email to attempt to make major legislation go their way?

    21. Re:Punishment based on victim, not crime by Anonymous Coward · · Score: 0

      Depends on what's in my shed

    22. Re:Punishment based on victim, not crime by silas_moeckel · · Score: 1

      If my manipulate you mean expose the truth I guess your correct. I'm not of the opinion that people in political power or seeking it should have much privacy. They act as our agents we have to pick them doing so by sound bytes and pr material is foolhardy. Now I don't know if this guy did it for political reasons or for haha's. As to obstructing the investigation yea I would say it is his responsibility to obstruct an investigation as he was the subject of it especially since it seems to have been a politically motivated witch hunt.

      --
      No sir I dont like it.
    23. Re:Punishment based on victim, not crime by cusco · · Score: 1

      Of course it is. One size NEVER fits all, but unfortunately our system of jurisprudence pretends that it does. The father who kills his daughter's rapist is supposed to receive the same sentence as the animal who beats an 80 year-old woman to death in a drunken rage. Sorry, but I disagree.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    24. Re:Punishment based on victim, not crime by osgeek · · Score: 1

      Hell if I know. The people who did it probably weren't stupid enough to post what they did to 4Chan.

      In theory, I'd like to see them receive the same treatment. Being a different country and all, I don't see how you can draw much of a Republican vs Democrat parallel for the purposes of this discussion.

    25. Re:Punishment based on victim, not crime by Sneeje · · Score: 1

      It isn't pretending, it is attempting to meet a standard. Humans always fall short of perfect standards and that is no secret, but that also doesn't mean we shouldn't continue to strive to achieve them. Your suggestion seems to be to give up on that standard and let every sentence be applied without *any* objective standard. It seems to me that your approach would actually end up achieving the opposite of what you want--without any generally agreed upon standard, all sentences would be wildly variable and satisfy even less people. So, yes, I can see why we disagree.

    26. Re:Punishment based on victim, not crime by sesshomaru · · Score: 1

      Oh, I get it, "La Palin" is a World Noble.

      --
      "MIT betrayed all of its basic principles."
  21. Re:Sarah Palin Should Get YEARS In Prison by blai · · Score: 2, Funny

    No. You are intentionally putting her in danger and we know it. The kitchen has the highest number of flaming hot stoves in the house, for hell's sake.

    --
    In soviet Russia, God creates you!
  22. Would he be in jail if by Rooked_One · · Score: 1

    if it were you or I?

    I refuse to take sides on a political debate, but just because someone is a big figure in politics doesn't mean they should get special treatment. I guess that's why they have their lobbyist groups though.

    1. Re:Would he be in jail if by CraftyJack · · Score: 1

      just because someone is a big figure in politics doesn't mean they should get special treatment.

      I guess the Secret Service should stick to chasing counterfeiters?

    2. Re:Would he be in jail if by Rooked_One · · Score: 1

      Well that depends who's in office... If its the president I don't like, then... sure! Heh - just kidding.

    3. Re:Would he be in jail if by osgeek · · Score: 1

      I'm a pretty serious libertarian when it comes to special treatment of government types. They shouldn't get special laws for themselves, special pensions, special healthcare, etc. There shouldn't be a government class that's above the non-government class.

      I do, however, believe in the sanctity of the processes of democracy. Screw with a voting machine, vote twice, stop people from voting who have a legal right to, or otherwise break the law in trying to bring down a political candidate; and you should be lucky that you aren't tried for treason.

      This guy broke the law trying to subvert the legitimate functioning of democracy. He gets no sympathy from me no matter how stupid I think that Sarah Palin is.

    4. Re:Would he be in jail if by cheekyjohnson · · Score: 1

      "This guy broke the law trying to subvert the legitimate functioning of democracy."

      What...? How so? By reading emails he somehow stopped 'democracy' (I wouldn't call a country where the rich can simply bribe politicians to get what they want a democracy) from functioning?

      --
      Filthy, filthy copyrapists!
    5. Re:Would he be in jail if by osgeek · · Score: 1

      Exposing the in-confidence email communications of a candidate can put some pretty out-of-context statements out there and cause a lot of damage to a campaign.

      It subverts the public opinion of a candidate in an illegal way. Sorry, the ends don't justify the means.

      Yeah, our democracy has trouble functioning. Adding more ethical breaches on top of the ones already there doesn't help at all.

  23. Only liberals serve time down here, boy by elrous0 · · Score: 3, Interesting

    This guy just got lucky and guessed a password. But he acted against a conservative in Tennessee, so he got a year in prison. James O'Keefe actually tried to physically bug the telephone of a sitting U.S. Senator. But O'Keefe acted against a liberal in Louisiana, so he walked with probation.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Only liberals serve time down here, boy by clone53421 · · Score: 1

      He got a year in prison because he wiped his hard disk, which was felony obstruction of justice.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Only liberals serve time down here, boy by Straif · · Score: 1

      I believe the actual crime O'Keefe was charged with had to do with entering a federal office under false pretense. No on involved, except a few rabid polticos who jumped the gun, thought he was trying to plant a bug.

      --
      Of course that's just my opinion...... you could be wrong!
    3. Re:Only liberals serve time down here, boy by osgeek · · Score: 2, Informative

      I wouldn't have minded seeing O'Keefe do some prison time. He's a tool, but I don't see how this is a liberal/conservative issue. There were differences:

      O'Keefe didn't actually bug the telephone. All they could actually pin on him was entering a federal building under false pretenses with the INTENT of doing more. It's pretty well established legally that intent is not punished the same as committing the crime. Admitting to the intention to tamper with the phones was probably a part of his plea deal. Otherwise that part of the charge would have been a bit circumstantial.

      Kernell successfully hacked the account and released the email contents to the public. He compounded his problems by trying to hide evidence. No intent, all action.

      Then as far as the sentences go, O'Keefe was sentenced to three years of probation, a fine, and a hundred hours of community service. Kernell has one year in a halfway house, not butt rape prison.

    4. Re:Only liberals serve time down here, boy by Anonymous Coward · · Score: 0

      Silly libral! It's Okay If You're A Republican!

    5. Re:Only liberals serve time down here, boy by Anonymous Coward · · Score: 0

      Something else that plays into it is that this kid did successfully hack into the account, while James O'Keefe didn't actually bug the phone. If O'Keefe had tapped the phone I bet he would have gotten a stiffer sentence.

    6. Re:Only liberals serve time down here, boy by whoop · · Score: 0, Flamebait

      I'm a Republican and I wiped my hard drive last week. I'm not doing any time. Gooooo Team!

      Conspiracy theories for teh win.

    7. Re:Only liberals serve time down here, boy by Anonymous Coward · · Score: 0

      He didn't 'guess a password'. He used social engineering to get the password, aparently using those lovely 'Questions' you have to provide in case you forget your password. It wasn't a case of seeing if her password was the same as his luggage combination; he went and performed identity theft.

      Also, [Citation Needed] on the bugging incident. Particularly actual court indictments, rather than some blogging he said she said.

    8. Re:Only liberals serve time down here, boy by clone53421 · · Score: 1

      Conspiracy theories? You mean the ones that are printed on the official court ruling, which was issued by the actual judge? Those conspiracy theories?

      Yeah, the absurd notion that he was sentenced for felony obstruction of justice is totally a conspiracy theory. If you’re a complete idiot. Which you are.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  24. And if it was my email hacked? by Maclir · · Score: 4, Insightful

    What punishment would the guilty person get? I'll bet you London to brick it wouldn't even get to court.

    One law for the power elite, and the rest of us can bugger off.

    1. Re:And if it was my email hacked? by abigsmurf · · Score: 1

      Nobody cares about your emails. Hundreds of thousands of people care about Palins. Getting your emails broken won't get them plastered on a few thousand blogs.

      Sentencing is based on the damage done, hacking into the email account of the (potential) vice president is clearly more damaging than hacking into a random person's.

    2. Re:And if it was my email hacked? by Biggseye · · Score: 1

      Actually, anyone busting into your account, If they did the same thing would be liable for exactly the same adjudication. Palin did not have a big say in if this person was prosecuted. That is up to the DA. It is true however that they are much more likely to go after high profile occurances of such crimes. As a 30+ year IS professional, I would like to see a lot more of these types of criminals punished. I am not saying put them in jail, no I like the idea of monetary restitution, community service, and a very very public apology. At least for this level of crime.

    3. Re:And if it was my email hacked? by horza · · Score: 1

      I don't know about the USA, but in general in the UK obstruction of justice is frowned upon. If you deliberately wipe your hard drive to erase evidence you will probably get punished. If you have data on an encrypted volume and refuse to hand over the key, you will go to jail for a long time even if you have done nothing wrong.

      Phillip.

  25. Rich HP Pretexter vs. Poor Student Pretexter by theodp · · Score: 4, Informative

    HP Pretexting Charges Dismissed: "Charges against defendants in the Hewlett-Packard pretexting case have been dismissed."

  26. Sarah Palin commented on this... by digitaldc · · Score: 0, Troll

    ...but I couldn't understand anything due to the incessant screeching.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Sarah Palin commented on this... by jDeepbeep · · Score: 1

      If you were a maverick you'd understand. Thank you; come again.

      --
      Reply to That ||
  27. Meanwhile Palin has yet to answer... by Anonymous Coward · · Score: 0

    ..for her multiple yahoo email accounts and use of government resources for personal and financial gain.

    Wag doggy, wag.

  28. If you were thinking more clearly... by Anonymous Coward · · Score: 1, Funny

    you'd want to slam her head in a file cabinet drawer, not your own. :)

    1. Re:If you were thinking more clearly... by Schadrach · · Score: 1

      ...but that's the point -- listening to her makes the part of your brain that thinks clearly turn itself off in disgust, such that slamming head in filing cabinet seems like a good way to make the pain stop. =p

  29. Punishment is based on damage by Anonymous Coward · · Score: 0

    This crime was far more damaging than would likely occur from hacking the neighbour's email. But, let's imagine your neighbour depends on his credibility for his job (Let's say he's a pastor). You find out that your neighbour is having an affair via the email. You then manage to get most of the country knowledgeable about that fact. That person's life is destroyed and as such, you will face a similar sentence.

    If your neighbour, however, was working as, say, a trucker, and you did the same thing, the damage is mitigated somewhat (and you would receive a lighter sentence) based on the fact it won't affect the neghbour's employment prospects (as much). And if you found nothing more than an order for Domino's pizza, unless the neighbour worked for the competition, you'd probably receive the lightest sentence of all.

    But, go ahead, consipracy theories are easier, after all!

  30. the way it should be by Anonymous Coward · · Score: 0

    No, he wouldn't have, and that's the way it should be.

    Do you get the same sentence for threatening the president as threatening your neighbor?

    Do you get the same sentence for obstructing a police officer as for obstructing your neighbor mowing his lawn?

    And as others have said, it doesn't matter whether Palin is a joke of a candidate. She was playing a major role in the political system. Let her lose the election on her own merits, not via crimes committed by those who don't like her.

  31. Injustice by Anonymous Coward · · Score: 0

    he hacked the email account of a Vice Presidential candidate

    And if that resulted in a larger sentence than if it was his next-door neighbor's account, then logically, justice wasn't the motive of the sentence.

    The idea that the elite at the top of the pyramid are more valuable than the common man at the bottom should tell you something about a government's agenda and motive. To be clear, their agenda certainly isn't equality, and it certainly isn't to serve the interest of the common man.

  32. Re:Then pardon him already. by hedwards · · Score: 0, Troll

    I thought Ms. Palin was in favor of having her messages spied on. Oh, wait, she's only in favor of the government doing it "for her own protection." Yes, the same government that she wants to eliminate for being untrustworthy.

  33. Palin's stupid password question by Anonymous Coward · · Score: 1, Insightful

    The real joke is that this kid wasn't some computer genius on the contrary it was Sarah Palin's stupidity that should be sentenced to a year.
    Her password question: What high school did you attend?
    Answer: Wascilla High.
    Palin is an idiot.

    1. Re:Palin's stupid password question by clone53421 · · Score: 1

      No, the real joke is that security types (such as the people who work for Yahoo) appear to think that security questions are actually making our accounts more secure.

      Okay, that’s so unfunny that I take it back. We all know the real purpose of those questions, and it’s not to make the account more secure. It’s to cut back on the hassle of resetting people’s passwords because they can’t remember their old one.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Palin's stupid password question by RapmasterT · · Score: 1

      The real joke is that this kid wasn't some computer genius on the contrary it was Sarah Palin's stupidity that should be sentenced to a year. Her password question: What high school did you attend? Answer: Wascilla High. Palin is an idiot.

      How does that equate to Palin being an idiot? She didn't decide what security questions Yahoo is going to use.

      The problem is the people who implement "security policies" all to frequently forget what their goal is in favor of satisfying bullet point requirements. I have to use an application at work that has an utterly ridiculous password AND account name policy, so strict that you have to write down both the username and password because you'll never remember it. And then their idea of "security questions" are things like "what country do you most want to visit but haven't been to yet", and the answer has a minimum character length of 8. So never mind that you might VISIT the country an nullify it, or the fact that you might discover a NEW place you really want to go, but the minimum length will disqualify countries you want to go to.

      I swear having the word "security" attached to your title gives people free license to go full retard.

    3. Re:Palin's stupid password question by cheekyjohnson · · Score: 2, Insightful

      "She didn't decide what security questions Yahoo is going to use."

      No, but she didn't have to use such an obvious answer. She could have made it simply impossible to answer by using unintelligible garbage. At least that way no random person could answer it.

      --
      Filthy, filthy copyrapists!
    4. Re:Palin's stupid password question by RapmasterT · · Score: 1

      "She didn't decide what security questions Yahoo is going to use."

      No, but she didn't have to use such an obvious answer. She could have made it simply impossible to answer by using unintelligible garbage. At least that way no random person could answer it.

      True, you CAN answer security questions with irrelevant answers, even a cryptic alpha-numeric sequence. In fact, that would be a great security idea...we could call it a "password".

    5. Re:Palin's stupid password question by cheekyjohnson · · Score: 1

      But the fact remains that Yahoo doesn't stop there and forces you to come up with an answer (I think). She knew that if someone guessed this answer, they'd be able to access her account. She is an idiot for not making it impossible to guess.

      --
      Filthy, filthy copyrapists!
  34. Re:Then pardon him already. by Jiro · · Score: 2, Insightful

    Obama is also in favor of increased wiretapping and specifically Internet wiretaps. Would it then be okay to break into Obama's accounts?

  35. don't drop the soap! by Anonymous Coward · · Score: 0

    don't drop the soap!

  36. Depends on whether the offender obstructs justice by Quila · · Score: 5, Informative

    Note he only got a misdemeanor, a slap on the wrist, for the actual computer fraud.

    The government does not take obstruction of justice lightly and tends to give stiff sentences for it.

    Aside from that, yes, an attack on an account for political gain to influence an election would reasonably bring a more severe punishment than simply doing it to see if you can. This wasn't just some kid. His dad is a powerful Democratic state legislator and was then a member of Obama's Tennessee campaign. I wouldn't be surprised if he wasn't doing dad's bidding, and is taking the fall to avoid ruining dad's career. Expect to see the payoff after this clears up, likely a well-paid position in a Democratic campaign in 2012.

    Personally, I think he deserves extra time just for being stupid by using a single proxy that had a policy of turning over evidence of any illegal activity to the police. :)

  37. Meh... by Anonymous Coward · · Score: 0

    Take away one year of a man's life for looking at e-mails? I don't think that is very fair...

    I take privacy very seriously, I know I would hate to have anyone snooping in my private e-mails, but when a politician uses their personal lives (and Palin loves to show how perfect her family is and what a great example of people with good Christian and American values they are) to gain support in an election, then I think their privacy should not be taken too seriously. If a politician wants their privacy to be respected, then they should simply campaign with real arguments, such as what they plan to do if they are elected, and leave personal matters aside instead of turning politics into a game show.

    Of course, I could be completely wrong. It's possible that it's right for Palin to let people put their nose in her private life when it helps her be popular, and to send people to jail for a year when suddenly putting your nose in her private life is not in her best interest. She's a badass politician after all! She should be able to have her cake and eat!

    1. Re:Meh... by clone53421 · · Score: 1

      He got a slap on the wrist for looking at e-mails, and a year for felony obstruction of justice (which the justice department tends to frown upon, strangely enough).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Meh... by cheekyjohnson · · Score: 1

      "I know I would hate to have anyone snooping in my private e-mails"

      If someone did that, what do you think would happen to them? Nothing. Only 'important' (read: useless, corrupt politicians) are protected from actions such as this.

      --
      Filthy, filthy copyrapists!
    3. Re:Meh... by i_b_don · · Score: 1

      The obstruction of justice charge is the strangest part IMHO. Trying to clean up after a crime is a bigger crime than the crime itself? So if I wear latex gloves to commit a murder and then throw them away when I'm done, am I now guilty of obstruction of justice charges as well as the murder? If I shoplift something and then run away before someone can catch me, am I guilty of obstruction of justice charges as well? Is any attempt to remove evidence of a crime make you guilty of a felony? That just seems crazy. Running away is obstructing justice. Wearing a mask while committing a crime is obstructing justice. in fact, anything other than going directly to the police station with evidence in hand is obstruction of justice.

      I don't get how they draw this line so easily for computer crimes but not for other crimes.

      d

      --
      all language nazi's will burne in heil!
    4. Re:Meh... by clone53421 · · Score: 1

      Yes, destroying the evidence is obstruction of justice, and it’s pretty clearly defined from the legal end of things, so I’m not sure what your confusion arises from.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  38. The evidence problem with that by Quila · · Score: 1

    There was exactly ZERO evidence that they intended to bug a telephone. You'd think the arresting officers would have at least found bugging equipment on them. They did not.

    He was charged with the one crime he committed: Entering a federal building under false pretenses. And for that crime, which actually harmed nobody, he got three years probation and 100 hours of community service -- and his part in it was organizing and videotaping. That's pretty severe.

    BTW, the police erased the video he took before giving him his phone back. Hmmm...

    1. Re:The evidence problem with that by elrous0 · · Score: 1

      There was exactly ZERO evidence that they intended to bug a telephone.

      From the wikipedia article:

      O'Keefe and three other conservative activists were arrested by U.S. Marshal Service in New Orleans, Louisiana on January 25, 2010 on federal felony charges of attempting to maliciously interfere with the office telephone system of U.S. Senator Mary Landrieu. Two of the activists had entered the federal building dressed as telephone repairmen, claiming they were responding to complaints that the phones were out of order. One of the Senator's staff members told them "that she did not report any phone problems and that the office was not experiencing any issues with the phone system."[17] They were apprehended after they attempted to gain access to the telephone equipment closet. O'Keefe was present admittedly recording the events on his cell phone.

      So, what do you think they were doing in her telephone closet exactly? Just visiting?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:The evidence problem with that by sideslash · · Score: 1

      How does your desire to believe that they were in the telephone closet in order to bug it translate into evidence? It is perfectly plausible that their request to see the telephone closet was just part of their pretexting cover. While I don't know what they were trying to do, it's pretty obvious that no evidence has surfaced about a plot to bug their phone -- that was a case of their political foes jumping the gun and starting a rumor.

  39. Re:42 days off by tomclntn2 · · Score: 1

    A year and a day means he can earn 42 days of "good time" for early release. In the Federal system you can earn upto 54 days of "good time" per year 5884.04 Good Conduct Time Under the Prison Litigation Reform Act

  40. Maybe... by Anonymous Coward · · Score: 0

    He just wanted to spellcheck it...

  41. Why jail Snoop Dogg? by KatchooNJ · · Score: 1

    What happened now? Sarah Palin e-mailed Snoop Dogg and now he is being jailed? Crazy world we live in.

    --
    "Never give up, for that is just the time and place when the tide will change." -Harriet Beecher Stowe ^_^
  42. Pseudo-average number generator? by VortexCortex · · Score: 1

    hacking into the email account of the (potential) vice president is clearly more damaging than hacking into a random person's.

    You are incorrect. Your conclusion is certainly not clear by definition.

    The current president's email account is included in your "random person" argument, as well as any email account belonging to an agent of the FBI, CIA, NSA, etc. Therefore, "hacking into a random person's" email is clearly (potentially) more damaging than hacking into the email account of a vice presidential candidate.

    The terms "random" and "average" are related, but are typically not interchangeable.

    1. Re:Pseudo-average number generator? by abigsmurf · · Score: 1

      If you're going for asinine nitpicking, then yes, it is clearly more damaging to use targeted hacking than not. Just like a court would recognise it's worse to fire a gun at someone's head than to fire a gun straight up in the air and for it to hit someone 1km away.

      For one the chances of getting someone more high profile than a vice president is probably millions to one.

      For another, if you don't know whose emails you've hacked, you're not going to convince anyone it's worth their

  43. Computer Trespass by scot4875 · · Score: 2, Insightful

    Ok, fine -- throw this guy in jail for computer trespass.

    But while you're at it, throw Sony in jail for their rootkit. Throw Starforce in jail for their rootkit. Throw the "ACORN pimp" in jail for his tampering with the phones in the Democratic office.

    If you're going to apply a law, apply it consistently. The way it's being enforced now is way too arbitrary.

    --Jeremy

    --
    Jesus was a liberal
    1. Re:Computer Trespass by horza · · Score: 1

      Read the threads above, he wasn't thrown in jail for computer trespass.

      Phillip.

  44. What a waste of money by geekoid · · Score: 1

    there is no reason this eprson should see any jail time. It's stupid. He is not a menace, he isn't violent, and this was a prank.

    I'm not saying punishment shouldn't be done, but this is just obscene.

    I mean, instead of costing us money, he could be on parole with a job paying taxes.

    God damn private prisons are ruining this countries legal system.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  45. May be but the justice is... by climenole · · Score: 1

    ...to put Sarah Palin in a Crackpot Asylum! Recently Dubya blasts Palin as 'unqualified' for President and McCain as being 'less of a man' ... http://bit.ly/dmzcJ6 Go Dubya! :D For one time I agree with the father of Barney Bush who bite a journalist! ( Good dog...) :D

    --
    Claude LaFreniere aka climenole
  46. continued (curse the lack of editing) by abigsmurf · · Score: 2, Insightful

    time to read it.

  47. prison halfway house by Anonymous Coward · · Score: 0

    If by prison, you mean a halfway house, then this is correct. You could also say hes being placed in solitary confinement, as long as you understand that this means he's not being restricted in any way from contact with others.

  48. What a ridiculous result. by XenithOrb · · Score: 1

    So someone that illegally access my email will get a year in prison? Highly doubt it. This is just another case of some rich bitch and her political army ensuing their own versions of justice. Do you think for a second she hasn't done or committed something that could potentially have been tried for at least double that time? Fuck this. I guess in hindsight after reading my comment; I think it's bullshit that we only make an example of people that attack the rich and famous and those of us that are normal have to live with the fact that there is no system that gives a shit about protecting us. I doubt there would even be any repercussion at all, probably not even cooperation from the business that said attack was committed on/or from. A big ":("

  49. Re:Depends on whether the offender obstructs justi by Anonymous Coward · · Score: 0

    Aside from that, yes, an attack on an account for political gain to influence an election would reasonably bring a more severe punishment than simply doing it to see if you can.

    So was he charged for election rigging or whatever legal grounds exist for this, and that influenced his sentencing, right?

  50. Re:Depends on whether the offender obstructs justi by Anonymous Coward · · Score: 0

    I wouldn't be surprised if he wasn't doing dad's bidding, and is taking the fall to avoid ruining dad's career.

    Never have I not been so unsurprised by such an accusation. Not that I shouldn't be surprised if he wasn't doing dad's bidding, but neither should you not have been.

  51. So you wish to double down for Palin by sethstorm · · Score: 1

    ...since O'Keefe did just about the same thing and came up clean for it.

    Pardon Kernell, who's only crime was crossing Palin.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  52. Pardon Kernell already, and stop modbombing me. by sethstorm · · Score: 1

    It might not be politically favorable to someone, but it'd at least mitigate the damage.

    Kernell's only crime was his political alignment. It would only be consistent to do that, or make O'Keefe a felon as well.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  53. I hope you liked modbombing me. by sethstorm · · Score: 1

    I guess someone else's nerve got hit close by asking for consistency.

    Pardon Kernell, or recognize O'Keefe as a felon. Same kinds of deeds, except Kernell didn't have Murdoch at his side to clean up loose ends.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  54. Someone who thinks she's average but is not. by sethstorm · · Score: 1

    Their mask slipped, but anyone who says anything about it gets silenced. Such is life.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  55. Irony by Coolhand2120 · · Score: 1

    It is ironic that he hacked the account for political reasons and now has lost his right to vote. That alone seems like the ultimate poetic justice.

  56. Ah, the felon with a good lawyer to plead down by sethstorm · · Score: 1

    Yes, the evidence is there, despite what O'Keefe's lawyer might try to claim.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  57. What irony? He'll be fine, see Citizens United. by sethstorm · · Score: 1

    He won't be able to use the ballot box (until a pardon or commutation), but he isn't financially blocked. He would be free to donate to anyone he wished, and support any candidate he wished. The laugh's on his opponents.

    Especially if it means that he can help get someone to make Tennessee recognize his right to vote. Or get enough support for a politically inconvenient (for Kernell's attackers) pardon.

    He isn't going to suffer as much as you would want him to.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  58. Justice wouldn't be enough for the Palin family. by sethstorm · · Score: 1

    Sanity in sentencing(or even letting the charge stand) wouldn't satisfy the Palin's desire for political destruction.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  59. Also: No jail time if your are a Senator by drainbramage · · Score: 1

    Political heavyweight Jim McDermott acquired an illegally recorded phone call and released it for political gain.
    Privacy issues, you would think....
    Jail time?
    Not even.
    Check out this statement: "Full D.C. Circuit Rules McDermott Had No First Amendment Right to Leak Phone Tape Due to Ethics Committee Rules".
    Really?
    It is only an 'ethics committee' rule violation.
    http://blog.lib.umn.edu/cla/discoveries/2009/10/full_dc_circuit_rules_mcdermot.html

    I am just as surprised as you, they have an ethics committee?

    --
    No brain, no pain.
  60. The feeling's party-neutral by Quila · · Score: 1

    Both sides play dirty tricks, I wouldn't have been surprised if he had been a Republican party operative's son going after Obama.