Palin's E-Mail Hacker Imprisoned Against Judge's Wishes

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Palin's E-Mail Hacker Imprisoned Against Judge's Wishes

Posted by Soulskill on Friday January 14, 2011 @03:09AM from the grizzly-justice dept.

Em Adespoton writes "It was a computer security story that made headlines around the world, involving the private emails of a woman who could have become Vice President of the United States. And now, it's ended with a young man sent to a federal prison, hundreds of miles from his family home. David C Kernell, the hacker who broke into Sarah Palin's personal Yahoo email account, is reported to have been sent to jail despite a judge's recommendation that he should not be put behind bars."

73 of 502 comments (clear)

Too fucking bad.. by intellitech · 2011-01-14 03:09 · Score: 5, Insightful

"That is not the situation that his friends and family were hoping for, however."
No offense, but too fucking bad. Considering the state of our legal system, the guy was lucky to not get boned for the full four crimes he was initially charged with (which would have been a lot longer than just a year, by the way). He committed a crime, one that I personally feel has far-reaching effects as one's e-mail inbox should be considered fairly private. Yes, it was Sarah Palin, and I can't stand her either. Doesn't mean that this guy shouldn't be held accountable for his actions.

"The US Bureau of Prisons, however, has decided to make Mr Kernell serve out his term in the low-security prison camp nearly 300 miles from his home in Knoxville, Tennessee."
Seriously guys, when you're incarcerated, you don't have a choice which facility you will be housed in. The USBOP is obviously making an example out of this guy, and I can totally understand why. What I don't understand is why this article seems to be doing a lot of crying on behalf of Kernell. Don't commit the crime if you're going to whine all the way to prison. It's that simple.

--
vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
1. Re:Too fucking bad.. by Pojut · 2011-01-14 03:12 · Score: 3, Interesting
  
  Pretty much. In this day and age, it surprises the hell out of me that he thought he could get away with something as easily noticeable as hacking a presidential candidates email...unless he knew he wouldn't get away with it, and didn't care.
  
  --
  Living With a Nerd
2. Re:Too fucking bad.. by zach_the_lizard · 2011-01-14 03:17 · Score: 5, Insightful
  
  Perhaps they feel, as I do, that the punishment is out of proportion with the crime. Should he be punished? Yes, he should; he accessed email without permission. Maybe levy a hefty fine; no one was physically harmed or deprived of property, and he is no danger to society. As such, he doesn't deserve being locked away in a hole with more dangerous individuals.
  
  --
  SSC
3. Re:Too fucking bad.. by Amorymeltzer · 2011-01-14 03:18 · Score: 5, Insightful
  
  It's probably because of this:
  
  BBC News, however, reports that US government officials have intervened, and Kernell has begun serving time at federal correctional institute in Ashland, Kentucky.
  When most people think of an ideal criminal justice system, they think of judges and juries, not government officials. This system does not seem to be a well-oiled machine:
  
  The BOP is not bound by judicial recommendations, one legal expert said federal sentencing was often "arbitrary". "The judge can give either incarceration or probation, but if it's incarceration the state gives power to the Bureau of Prisons to determine the nature of incarceration," said Professor Robert Weisberg, director of the criminal justice center at Stanford University in California. "There is not a general or uniform US rule," he added. "There is huge local variation."
  
  --
  I live in constant fear of the Coming of the Red Spiders.
4. Re:Too fucking bad.. by Anonymous Coward · 2011-01-14 03:19 · Score: 5, Interesting
  
  Do you have any idea how expensive it is to keep a person in jail?
  Locking people up because they are stupid is enough to bankrupt any country. A much better punishment for nonviolent crimes would be community service (scaled to fit the gravity of the offense), where there's a net gain for society.
5. Re:Too fucking bad.. by Anonymous Coward · 2011-01-14 03:20 · Score: 5, Insightful
  
  I see it the other way around, for such a crime to deserve a prison sentence it should be much more severe. Guessing someones password to yahoo mail, does not seem like a severe crime to me, if anything Sarah Palin should be schooled on password security and disciplined for sharing sensitive information over yahoo of all things. I work for a bank, and if i had emails on yahoo related to my work and got caught, i would be dismissed, end of story.
  Making examples of people just because they have upset a celebrity figure is barbarian and i'm glad i'm not an American if this sort of thing is acceptable there. Where i come from everyone is equal, a crime against a politician holds the same weight as a crime against your average citizen.
6. Re:Too fucking bad.. by kalirion · 2011-01-14 03:23 · Score: 2
  
  ITT stupidity is a crime.
7. Re:Too fucking bad.. by bill_mcgonigle · 2011-01-14 03:23 · Score: 2
  
  "The US Bureau of Prisons, however, has decided to make Mr Kernell serve out his term in the low-security prison camp nearly 300 miles from his home in Knoxville, Tennessee." ...The USBOP is obviously making an example out of this guy, and I can totally understand why.
  Actually it sounds like USBOP is doing him a favor - putting him in a regular Federal rape-cage closer to his home would not be in his best interest. IIRC, his father is well-connected politically.
  
  --
  My God, it's Full of Source!
  OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
8. Re:Too fucking bad.. by Anonymous Coward · 2011-01-14 03:23 · Score: 5, Insightful
  
  Let me preface this by saying that the guy was an idiot and had absolutely no right to go reading someone else's email. He deserves some form of punishment. The legal system is supposed to be fair and consistent, however, and that does not in any way appear to be the case here. Take a look at a few other crimes which have been treated equally harshly.
  
  Seriously guys, when you're incarcerated, you don't have a choice which facility you will be housed in.
  Sure you don't get a say, but I find it a little surprising that the judge's recommendation was ignored.
  
  The USBOP is obviously making an example out of this guy, and I can totally understand why. What I don't understand is why this article seems to be doing a lot of crying on behalf of Kernell. Don't commit the crime if you're going to whine all the way to prison. It's that simple.
  The fact that they are making an example of him seems to reinforce the view that an individual invading the privacy of a political figure is somehow worse than the reversed situation. Sounds like a very bad message to be sending, to me.
9. Re:Too fucking bad.. by Anonymous Coward · 2011-01-14 03:27 · Score: 3, Insightful
  
  You seriously think some kid breaking into someone's e-mail is a danger to society? Basically you're equating it to a violent crime where they need to be locked away.
  Your attitude it precisely what's wrong with the US justice system. Why don't we try to rehabilitate people? Even the lightest punishment would be enough to teach this kid his lesson. Give him probation and community service and he will probably never hack anything again in his life. I don't want to pay to keep him locked up in a prison for something that could be taken care of a lot easier, without the brutal punishment of the federal pen.
  Sure, habitual offenders might need something a little more tough but in this case we're talking about someone who never broke any laws before.
10. Re:Too fucking bad.. by Monkeedude1212 · 2011-01-14 03:28 · Score: 5, Insightful
  
  This.
  Most people argue that the prison system is to seperate the dangerous individuals from society. This guy is not a danger to society, no one is in danger of getting hurt. Put him on Parole for 2-4 years with community service where all his network access has to be reviewed by a parole officer. Long reaching, annoying punishment, that contributes back to society instead of sapping money.
11. Re:Too fucking bad.. by TaoPhoenix · 2011-01-14 03:28 · Score: 4, Interesting
  
  Oh, there's lots of oil.
  
  --
  My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
12. Re:Too fucking bad.. by wzinc · 2011-01-14 03:31 · Score: 2
  
  Wow, that's actually a really good idea. You'd still have to pay guards to keep them working, but w/o housing, you'd save a lot. Another benefit is, say you have them repairing buildings for the city or whatever; you're also teaching them a trade that they can use when they get out of jail. Maybe they'd learn the value of work and go legit. I'm sure there are some downsides, like this might not work for violent criminals, etc.
13. Re:Too fucking bad.. by Americano · 2011-01-14 03:33 · Score: 4, Informative
  
  He's going to a minimum or low security facility, which is typically almost completely unsecured, and has a focus on work and job programs. We are not talking about "hard time" here. He'll be serving alongside white-collar criminals, not exactly a dangerous bunch.
  From the BOP web site:
  
  The Federal Correctional Institution (FCI) Ashland is a low security institution housing male inmates with a satellite camp that houses minimum security inmates.
  And since the article calls it low security, but references the prison camp, he might be housed at either the low or min- security facility. Here's a description of the type of facility he's going to:
  
  Minimum Security: Minimum security institutions, also known as Federal Prison Camps (FPCs), have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. These institutions are work- and program-oriented; and many are located adjacent to larger institutions or on military bases, where inmates help serve the labor needs of the larger institution or base.
  Low Security: Low security Federal Correctional Institutions (FCIs) have double-fenced perimeters, mostly dormitory or cubicle housing, and strong work and program components. The staff-to-inmate ratio in these institutions is higher than in minimum security facilities.
14. Re:Too fucking bad.. by jeffmeden · 2011-01-14 03:34 · Score: 5, Insightful
  
  Net gain to society? WTF. Are we advocating low impact crimes to help society? I can see some PSA's now - "Forget Jobcorps, come hack email accounts with us and help your community!"
  This line of thinking also states for future potential crimelords that if you hack into email, your time is a walk in the park. If there is no deterrent then what is the point of the criminal justice system?
  Wow, way to completely miss the point. Read sentences much? He meant that the COMMUNITY SERVICE was a net gain for society, since the perp has to do something productive to earn his forgiveness, instead of being locked up and supported by taxpayers.
15. Re:Too fucking bad.. by Anonymous Coward · 2011-01-14 03:40 · Score: 5, Insightful
  
  Pretty much. In this day and age, it surprises the hell out of me that he thought he could get away with something as easily noticeable as hacking a presidential candidates email...unless he knew he wouldn't get away with it, and didn't care.
  
  Oh, he was dumber than that. He was dumb enough to leave identifying information in the screencap (screencap is SFW, some of the ads are NSFW) he took.
  By leaving the URL visible, it didn't matter how many proxies he was behind. There was a clear chain of evidence linking him to The Incident. Unsurprisingly, the Party Van showed up, and the rest is history.
  Anonymous is legion, but on occasion, some Anonymous are very, very stupid. When Anonymous ceases to be anonymous, Anonymous thinks it's pretty funny.
16. Re:Too fucking bad.. by Monkeedude1212 · 2011-01-14 03:46 · Score: 2
  
  It surprises the hell out of me that he thought he could get away with something as easily noticeable as hacking a presidential candidates email.
  Well, I think he would have gotten away with it too if he hadn't gone and posted what he found right away.
  I don't know if Yahoo does this, but Gmail does this thing at the bottom of the page, "Last account activity: 7 hours ago at IP whatever.whatever.whatever.whatever" - And do you think Palin regularily checks something like that?
  If this guy had any brains about him, he could have easily gotten away with the 'hacking' the email account part. Seriously, suppose someone knew the answer to your security question right now, and was casually reading your already read emails. Assuming you don't look at logs, and they aren't closing your session on you, Would you even suspect something?
17. Re:Too fucking bad.. by zeroshade · 2011-01-14 03:50 · Score: 2
  
  Except that the judge reccomended he be placed in a halfway house. Which would have been closer and less restrictive.
18. Re:Too fucking bad.. by Capt_Morgan · 2011-01-14 03:51 · Score: 2
  
  IMO shoplifting and even SPEEDING are more dangerous crimes
  
  --
  It takes a big man to cry, but it takes a bigger man to laugh at that man.
19. Re:Too fucking bad.. by horatio · 2011-01-14 04:03 · Score: 2, Interesting
  
  WTF. Are we advocating low impact crimes to help society?
  I don't see this as much different than the cash-for-clunkers program. The idea is that after rendering all moving parts inoperable so they can't be sold as used replacements, you smash what was a perfectly good car. Then you give someone $8000 ($4000?) in tax payer money to buy a new car. This helps the economy. If that is really true, we should start leveling houses - to boost the construction industry. We should start breaking legs - to show how beneficial single payer healthcare services are. We should have the National Guard out to burn our wheat fields - so farmers can plant organic crops.
  The same logic applies to "low impact crimes can help society". We should encourage these so-called "low impact" crimes so we can increase the pool of "low impact" criminals that will do community service. Except, the criminal smashed something that belonged to someone else. In this clown's case, it was someone's privacy and their personal property (email account). The logic is so absurd it is almost funny - until you find out the people advocating it are completely serious.
  
  --
  There is very little future in being right when your boss is wrong.
20. Re:Too fucking bad.. by Temposs · 2011-01-14 04:06 · Score: 5, Insightful
  
  The reality is that the US prison system is formed around the principle of punishment. If threat isolation was the primary motivation, our prison system would look much different than it does.
  The system we have is descended from the mode of Christian thought that when a sin(crime) is committed, penance.is needed in order to make the person right with God. So, the prison system is set up as a kind of forced penance through societal punishment, This is why we still have the death penalty, too, while most other developed countries do not.
  
  --
  Knowledge is just opinion that you trust enough to act upon. -Orson Scott Card
21. Re:Too fucking bad.. by MisterZimbu · 2011-01-14 04:07 · Score: 3, Funny
  
  Another benefit is, say you have them repairing buildings for the city or whatever; you're also teaching them a trade that they can use when they get out of jail.
  Good luck with the unions allowing that!
  Simple answer to that- outlaw unions, throw them in jail, then they can repair all the buildings they want.
22. Re:Too fucking bad.. by anti-pop-frustration · 2011-01-14 04:11 · Score: 5, Insightful
  
  Exactly, do you even think for a second that this guy would be sitting in a federal prison if he had guessed your neighbor's Yahoo account security question?
  
  This is very much a case of a commoner being dealt a disproportionally harsh punishment because the victim is part of the ruling class.
  
  And Sarah Palin didn't even get a slap on the wrist for using her private email to shield government business from public scrutiny.
  
  I remember September 2008, wasn't this the time wall street bankers nearly crashed the world economy? Anybody charged, convicted or sitting in a federal prison yet?
  
  The system works.
23. Re:Too fucking bad.. by joeyblades · 2011-01-14 04:14 · Score: 4, Insightful
  
  if anything Sarah Palin should be schooled on password security and disciplined for sharing sensitive information over yahoo...
  I had a neighbor that was robbed. However, like many crooks, these guys were none too smart and got caught. They tried to defend their actions by claiming that the victim had left a window unlocked and therefore deserved to get robbed...
  Your argument sounds a lot like that...
24. Re:Too fucking bad.. by DerekLyons · 2011-01-14 04:15 · Score: 4, Insightful
  
  BBC News, however, reports that US government officials have intervened, and Kernell has begun serving time at federal correctional institute in Ashland, Kentucky.
  When most people think of an ideal criminal justice system, they think of judges and juries, not government officials. This system does not seem to be a well-oiled machine
  Then 'most people' need to get their heads out of clouds and learn a) the difference between an 'ideal' system and one that must function in the real world, and b) how the real systems works. (And it actually does work very well.)
  
  Not to mention the summary and article are vastly misleading - if you read just the summary or the first part of the article, you'll be wrongly outraged. The truth of the matter is, he was sentenced to imprisonment and (drum roll please!) he was duly imprisoned. The judge's recommendations ('wishes') that he spend his time in a half way house have zero legal force or standing. The only 'intervention' by the 'officials' was to obey the (legally binding) result and sentence handed down by the court.
25. Re:Too fucking bad.. by Lumpy · 2011-01-14 04:19 · Score: 2
  
  Yup the man was a retard.
  if you think you can get in, you do it from a public open Wifi point. you drive a city away and go to a starbucks to do it.
  then you sanitize the screencaps. Sanitize them hard.
  Finally you release the info 100% anon. from a different public wifi point.
  If you are going to do this kind of stuff, you need to CYA, this kid did not CYA in any way. In fact from what I remember, he was looking for some notoriety from it. A very dumb thing to do.
  
  --
  Do not look at laser with remaining good eye.
26. Re:Too fucking bad.. by rickb928 · 2011-01-14 04:28 · Score: 4, Insightful
  
  "no one was physically harmed or deprived of property, and he is no danger to society."
  Ok, so what in fact DID he do?
  - Violated someone's privacy. This is a harm, and if you think emotional harm is not as intense as physical harm, I encourage you to say that out loud. You are wrong on that count.
  - Oh, and this required the McCain/Aplin campaign to suspend use of email for a short period to reestablish security. How short a time? At the moment, even an hour could have had consequences. How about you giving up your email address and having all of your contacts notified of your new address. Much trouble for you?
  - HIPAA violations carry penalties also. Do we want to start qualifying the nature of the privacy violation? No, you don't want to do that.
  - Remember, his father was active in Democratic Party politics, he disclosed a fair amount of private information, and this was done at the 'height of the 2008 Presidential campaign'. This was not a random act of identity theft. Oh, and he did send stuff to Wikileaks. I'm not blaming Julian for publishing that, that's a separate issue, but Mr. Kennell knew what he waa doing, and it had an impact.
  Oh, and to add to my concern that we are not properly understanding the FBOP decision, the judge recommended that this young man spend his time in a 'halfway house'. Besides the reality that he would have been in a 'halfway house' with 'more dangerous individuals' (a qualitative assessment I'm not qualified to make), that is not the result required by Federal law. The law specifices incarceration, and perhaps FBOP decided that this convict should first serve time in an actual facility, and then qualify for the relaxed status, as other convict have to. Or more succinctly, like any other convict, he does time like they do, special treatment is unwarranted.
  Perhaps the judge should have sentenced him to probation? But that would open the judge to criticism of being improperly lenient, which is he is now getting a full dose of.
  A lot of the responses questioning the DBOP decision seem to be focused on minimizing this young man's crime based on his age, naivete, and *apparent* lack of harm caused. For those of you who forgot, some of the impacts of his actions:
  - 'Abusive' phone calls to most of the Palin family.
  - Disclosure of other email addresses against the wishes of those owners.
  - Disruption of communications with family, friends, co-workers, campaign staff.
  This whining is another case of minimizing a 'soft' crime. Not much different from trying to excuse any number of crimes committed by young individuals, primarily based on their age. Be careful. The next victim could be you. Will you be forgiving based soley on their age?
  
  --
  deleting the extra space after periods so i can stay relevant, yeah.
27. Re:Too fucking bad.. by misexistentialist · 2011-01-14 04:28 · Score: 2
  
  Bad analogy as nothing was broken. It's more like if someone enters through an unlocked window, and then just takes pictures of the inside of your house before leaving. It's some sort of crime, but most victims would be more concerned with making sure it can't happen again than with punishing the perpetrator.
28. Re:Too fucking bad.. by postbigbang · 2011-01-14 04:29 · Score: 2
  
  And hacking into someone's email box, whether Palin's or a Slashdot Slouch like mine's, is a federal offense.
  He shouldn't have been doing "this kind of stuff". This isn't white-hat/grey-hat stuff, this is cracking an account with bad intentions and result.
  I'm amazed that he got a low security prison. Would someone whose father was not a Democratic party functionary have received the same treatment?
  
  --
  ---- Teach Peace. It's Cheaper Than War.
29. Re:Too fucking bad.. by Restil · 2011-01-14 04:34 · Score: 3, Informative
  
  Sure you don't get a say, but I find it a little surprising that the judge's recommendation was ignored.
  It wasn't ignored. However, it's just a recommendation, not a mandate. If the judge didn't want him in prison, he should have probated the sentence.
  -Restil
  
  --
  Play with my webcams and lights here
30. Re:Too fucking bad.. by Tanktalus · 2011-01-14 04:43 · Score: 2, Insightful
  
  If he had hacked in to his neighbour's Yahoo! account and posted those details everywhere, his neighbour might not even find out because there would likely be no interested partisans wishing to harass him or his family. However, when you post private details of a famous person, the amount of interest goes up, and the harm follows the interest. A lot of people disagree with Palin, and, in any group of some size, there are wackos who take it too far, and that's what happened here. Wackos got hold of the information and started harassing Palin and/or her family.
  It's about the same reason why a DUI gets a lesser punishment than a DUI-causing-bodily harm which gets a lesser punishment than a DUI-causing-death. It's simple: the harm is different, thus the punishment is different.
  Should Palin be required to better secure her email? Of course. Her handlers are somewhat to blame here - much like Obama, I don't expect either of them to be IT experts, but I expect that they have some on staff. However, being large targets, with sufficient pools of wackos opposed to them, it's merely a matter of time before web-based email gets hacked for either one of them, regardless of the strength of their passwords or reminder questions/answers. In Obama's case, his accounts merely need to survive his one-or-two terms in office, then interest will wane. Palin's weak security just allowed it to happen faster.
31. Re:Too fucking bad.. by TheGratefulNet · 2011-01-14 04:47 · Score: 2, Interesting
  
  what is hacking? when is your email 'inbox' private?
  its not so private as you think. if you are at work, your employer has the right (so they say and so they act) to look at your emails (live or on disk) all they want. they can tap your phone, too, at work.
  lets talk about the gov, now. all govs (world wide) want to have the ability to peer into your inbox. probably about half of them already can do this and the US most certainly can (it 'owns' the backbone router points and so it 'owns' the net for all practical purposes).
  federal offense only for peons to invade privacy.
  but if you're even slightly higher than a peon and have some official power or title, you can get access to email contents without a huge amount of effort.
  I don't agree with the hacking (so to speak) but I also see a huge mixed message about 'privacy' and the world, as it is, has not really figured out who GETS absolute privacy and who does not.
  why is it ok for all traffic in the US to be pattern sniffed, thresholded and triggered - yet one guy guesses a password and now he's being thrown into a bottomless pit?
  too many conflicting 'ethics' headaches with all of this. different rules for different ruling classes. yeah...
  
  --
  
  --
  "It is now safe to switch off your computer."
32. Re:Too fucking bad.. by postbigbang · 2011-01-14 04:57 · Score: 3, Interesting
  
  CIting exceptions doesn't make what he did legal or ethical at all, did it? Was Palin his employer? No. I'm self-employed. I own my own emails. Your circumstances may be different.
  If governments are looking into my email, it's without legal standing. Peon or not, it's still not legal or ethical.
  You may or may not be pattern sniffed; I operate within the construct that my actions are legal, and protected constitutionally. Ethics are real, and sadly absent. Reviving them is a way back to civility and the common good.
  
  --
  ---- Teach Peace. It's Cheaper Than War.
33. Re:Too fucking bad.. by jahudabudy · 2011-01-14 04:59 · Score: 5, Interesting
  
  The reality is that the US prison system is formed around the principle of punishment.
  
  And profit. Prisons are sub-contracted to private interests, that are paid in part on a per convict basis. There are documented instances of judges being convicted of taking kickbacks to supply more "product" to the prison industry, i.e. prisoners. There are simply some functions in a civilized society that must be stripped of profit motivation in order to insure justice.
  
  --
  ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
34. Re:Too fucking bad.. by zach_the_lizard · 2011-01-14 05:03 · Score: 5, Insightful
  
  I think that it's gone far from some idea of penance. It seems that it's merely about retribution, a model of justice that serves no one.
  I take that back; it does serve a few; the prisons and police get large amounts of taxpayer money, and the prosecutors and politicians get their "tough on crime" bona fides. The rest of us, though, suffer.
  
  --
  SSC
35. Re:Too fucking bad.. by Culture20 · 2011-01-14 05:14 · Score: 4, Informative
  
  The system we have is descended from the mode of Christian thought that when a sin(crime) is committed, penance.is needed in order to make the person right with God.
  A more Christian thought regarding penance is "Go, and sin no more." the roman catholic version of penance is not Christian in origin.
36. Re:Too fucking bad.. by operagost · 2011-01-14 05:26 · Score: 2
  
  Like the democrats are going to screw their base like that.
  
  --
  
  Gamingmuseum.com: Give your 3D accelerator a rest.
37. Re:Too fucking bad.. by geekoid · 2011-01-14 05:34 · Score: 2
  
  except he wasn't convicted of that. He was convicted of obstruction of justice because he panicked and tried to cover his tracks.
  So his treatment his actually harsher then it would normally be. If you are going to cast suspicions, then it's would be far more likely a supporter of Pail is involved in the placement process and decided this guy should be unduly punished.
  
  --
  The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
38. Re:Too fucking bad.. by jollyreaper · 2011-01-14 05:38 · Score: 5, Insightful
  
  The fact that they are making an example of him seems to reinforce the view that an individual invading the privacy of a political figure is somehow worse than the reversed situation. Sounds like a very bad message to be sending, to me.
  That's precisely the problem. I doubt I could get the cops to even talk to me if I said someone hacked my account. We have a case of a bad divorce and a guy reading his wife's email getting a felony conviction. I wonder just who her daddy is.
  When justice is not applied equally and fairly, we have a serious problem. Someone steals my car, the cops aren't likely to ever catch him. Someone steals Palin's car, he's probably going to get 20 years in supermax.
  
  --
  Kwisatz Haderach
  Sell the spice to CHOAM
  This Mahdi took Shaddam's Throne
39. Re:Too fucking bad.. by uvajed_ekil · 2011-01-14 05:40 · Score: 2
  
  I work for a bank, and if i had emails on yahoo related to my work and got caught, i would be dismissed, end of story.
  
  Well, yes, you or I should be dismissed for being reckless with sensitive information. But in Palin's case, you can't fire a quitter!
  
  ...i'm not an American... Where i come from everyone is equal, a crime against a politician holds the same weight as a crime against your average citizen.
  
  You caught the difference already - things are different for us, and the American justice system is not fair or equal for all. The system greatly favors those who wield political power, have powerful friends, or are rich. There is a real disparity between how minorities and poor people are sentenced compared to wealthy or otherwise notable white people. The statistics don't lie, and poor minorities are disproportionately represented in the prison population, to a great degree.
  Folks who can't afford their own lawyers are found guilty of crimes at a much higher rate than those who have money, and they are also sentenced more harshly. Even some laws are skewed as they exist on the books, before court even comes into play, such as the way possession or sale of crack cocaine (a drug whose users are disproportionately black and poor) often carries much heftier penalties than a similar crime involving powder cocaine (which is effectively the same drug but used mainly by whites and has been considered glamorous at times). Even the pre-trial bond release system is unfair, as it places an unrealistic burden on people of meager means.
  
  Considering past precedent (which our justice system claims to rely so heavily on), guessing a password and publishing someone's email without permission should probably warrant probation and a small fine for anyone without a lengthy record of prior criminal activity. Federal prison is completely out of line with normal sentencing, and the BoP's curious decision is quite ridiculous when our prisons are already filled to capacity and community-based sanctions have been proven to work reliably and efficiently.
  
  --
  This is a hacked account, for which the owner can not be held responsible.
40. Re:Too fucking bad.. by SuricouRaven · 2011-01-14 05:51 · Score: 2
  
  I just entered 'palin residential address' into google. The second hit not only gives her address, but an overhead photo showing exactly where to find it.
  
  http://alaskareport.com/news109/x71361_sarah_palins_home_address.htm
  
  So anyone who wants to harass Palin in person doesn't need compromised emails. There she is. Go for it.
  
  Though for someone of her prominence, I imagine there is a razor-wire fence, alarm system and a few guards to stop that happening.
41. Re:Too fucking bad.. by twright0 · 2011-01-14 05:55 · Score: 2
  
  He's going to a minimum or low security facility, which is typically almost completely unsecured, and has a focus on work and job programs. We are not talking about "hard time" here. He'll be serving alongside white-collar criminals, not exactly a dangerous bunch.
  The wisdom of Office Space seems applicable here.
  
  Y'know, minimum-security prison is no picnic. I have a client in there right now. He says the trick is: kick someone's ass the first day, or become someone's bitch. Then everything will be all right. Why do you ask, anyway?
42. Re:Too fucking bad.. by hypergreatthing · 2011-01-14 06:26 · Score: 2
  
  ohh, so he's getting tutored by all the fraudulent investment bankers and upper management staff from Enron and the like?
  This kid as a bright future ahead of him then.
43. Re:Too fucking bad.. by Americano · 2011-01-14 07:09 · Score: 2
  
  His dad's a congressman.
  I'd say his chances of being corrupted by his surroundings are pretty much even.
44. Re:Too fucking bad.. by QRDeNameland · 2011-01-14 08:08 · Score: 2
  
  I don't see this as much different than the cash-for-clunkers program. The idea is that after rendering all moving parts inoperable so they can't be sold as used replacements, you smash what was a perfectly good car.
  "Clunker" == "perfectly good car"? No...you miss that the main stated purpose of the program was to get old, poor mileage, highly polluting vehicles off the road in favor of newer less polluting vehicles. In order to qualify, your old car had to meet certain specifications as "clunker" (see here).
  That said, I think in the end the main purpose of the program *was* as a sop to the ailing auto industry. However, the logic of your rant implies that the justification for the program was simply an application of the broken window fallacy, which is clearly not true.
  
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Not "hacked" by slimjim8094 · 2011-01-14 03:11 · Score: 2, Informative

Not even cracked. Please stop talking about this guy like he has some computer wiizardry - he guessed at recovery questions. If I leave a riddle taped to my safe that gives the combo when solved, how angry can I be when somebody figures it out?

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1. Re:Not "hacked" by JustOK · 2011-01-14 03:18 · Score: 4, Insightful
  
  was there a pizza in the car?
  
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  rewriting history since 2109
2. Re:Not "hacked" by RazorSharp · 2011-01-14 03:21 · Score: 3, Insightful
  
  It's more like having a spare key taped to the sub-frame. Her 'security questions' all had answers that were public information.
  
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3. Re:Not "hacked" by slimjim8094 · 2011-01-14 03:22 · Score: 2
  
  That's different. Cracking the window glass is more like cracking (heh) since it's unauthorized by design. It may have been a bad analogy but the point stands.
  Consider those cars with the entry code buttons - you punch in the code and the door unlocks. What if, on an old car, three of the buttons were very worn and the rest untouched? Sure, getting into my car by trying any of the 6 combinations would be wrong, but you wouldn't be a master thief.
  
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4. Re:Not "hacked" by slimjim8094 · 2011-01-14 03:24 · Score: 2, Insightful
  
  Not what I said. But if somebody robs my house if I leave it unlocked for a week while away, and I tell them "a maaster robber took my stuff", I'll get some funny looks.
  
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5. Re:Not "hacked" by Lord+Ender · 2011-01-14 03:30 · Score: 2
  
  In English, words can have multiple meanings. "Hack" is such a word.
  The word "hack" in this context means "circumvent computer security." He clearly 'hacked.' As one who hacked, he was a 'hacker.'
  There is another definitions of the word "hack:" to cleverly use something in an unintended way. This may be what you are thinking, but this is not the definition being used in the article. Remember back to grade school and "context clues?" Use your context clues in the future to figure out which "hack" is intended by the author.
  
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It's for his own protection... by ArsenneLupin · 2011-01-14 03:16 · Score: 2, Funny

... lest Palin draws a gunsight around his head...
1. Re:It's for his own protection... by I8TheWorm · 2011-01-14 04:26 · Score: 3, Insightful
  
  Ahh, there's the speculation that's ruining objective journalism!
  Where's any proof at all that she was shot as a result of the Palin map?
  
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2. Re:It's for his own protection... by kevinNCSU · 2011-01-14 06:09 · Score: 2
  
  I heard many of the districts she targeted were also hit with heavy snowstorms. Coincidence? I think not!
Palin was the one breaking the law... by Anonymous Coward · 2011-01-14 03:16 · Score: 2, Insightful

Palin was conducting government business in that personal yahoo email account. So what does she get for doing that?
This kid exposes her wrong doing and he goes to prison? Did we become soviet during the 2008 election?
1. Re:Palin was the one breaking the law... by zeroshade · 2011-01-14 03:57 · Score: 2
  
  Technically since he was not law enforcement, it wouldn't get thrown out.
  It's like if a burglar breaks into your home and finds your weed stash and you call the cops. You can still get arrested for that bag of weed, even though the burglar obtained it illegally.
yeah...if you piss someone off.. by Anonymous Coward · 2011-01-14 03:19 · Score: 5, Informative

I speak from first hand experience that even if you're innocent, the system will do their best to get their hands on you in the worst possible way if they want to make you pay for something, possibly unrelated. For me it was a friend who did stupid stuff and I was trying to talk him out of it. The caught me on a technicality and got me in jail and then "accidentally" shipped me off to a medium security prison where I stood toe to toe with a guy who was facing 246 years(that is not a typo). All just to make me talk. I never did..fuck 'em.
Punishment - Crime by symes · 2011-01-14 03:20 · Score: 4, Insightful

I think the sad thing here is that this guy's future is pretty well screwed for what was (from memory) a fairly impetuous and unsophisticated crime. Sure he should be held accountable, but sending the kid to an institution where he is more likely to be released into a world of criminality with contacts that may like to exploit his rudimentary skills is probably not serving the best interests of his community.
1. Re:Punishment - Crime by Anonymous Coward · 2011-01-14 04:02 · Score: 4, Informative
  
  Sure he should be held accountable, but sending the kid to an institution where he is more likely to be released into a world of criminality with contacts that may like to exploit his rudimentary skills is probably not serving the best interests of his community.
  Posting anonymously, for obvious reasons. According to the BOP's inmate locator, David Kernell is at FCI Ashland, which has an adjoining camp (FPC Ashland). He's almost assuredly at the camp since he's a non-violent criminal with less than a year until his release. I don't believe you can be at a camp if you have more than 5 years until your release.
  I spent a few months at a camp and it wasn't too bad, for being prison. Everybody was just trying to do their time and get home. No gang fights. I never once had people asking me how to pull off some new crime. We played a lot of cards, and I read a lot of books, and played a lot of piano and guitar. It was a learning experience, seeing that we were all just a bunch of normal people who made some bad choices and who wanted to get home.
Judicial recommendation =/= prison placement by celticryan · 2011-01-14 03:20 · Score: 5, Informative

FTFA:

"The judge can give either incarceration or probation, but if it's incarceration the state gives power to the Bureau of Prisons to determine the nature of incarceration," said Professor Robert Weisberg, director of the criminal justice center at Stanford University in California.
If the Judge didn't want him to go to prison maybe he shouldn't have sentenced him to prison time...
In case anyone forgot by royallthefourth · 2011-01-14 03:22 · Score: 4, Informative

The account he broke into was being used by Palin to conduct state business that she wanted to hide from being recorded in her official state email account.
Just a reminder.
1. Re:In case anyone forgot by royallthefourth · 2011-01-14 03:46 · Score: 2
  
  Yes; she was sentenced to writing a bestselling book and having her own TV show.
2. Re:In case anyone forgot by jbssm · 2011-01-14 03:52 · Score: 2
  
  The account he broke into was being used by Palin to conduct state business that she wanted to hide from being recorded in her official state email account. Just a reminder.
  Yeah, and very awakwardly, I didn't notice Palin going on trial about this. Hum, I wonder where all those equallity principles that USA constitution talks about do lie.
3. Re:In case anyone forgot by royallthefourth · 2011-01-14 03:52 · Score: 2
  
  To expose a corrupt official? Absolutely!
  If your opponent is cheating but you say you are above that, you will lose every time!
4. Re:In case anyone forgot by Anonymous Coward · 2011-01-14 05:25 · Score: 2, Informative
  
  absent any proof whatsoever
  Um, leaked email inbox contents from a personal, non-governmental mail address where she was illegally conducting governmental business? You know, the governmental business that she's legally required to conduct exclusively through the government provided/sanctioned/monitored email account? That she was side-stepping? Illegally? Which she then confirmed as actually being her mail, thus proving that it was her illegal actions being documented?
  Oh right. She's a rich politician. If she'd just been some schlub, she'd already be in jail for it. Being caught red handed and publicly admitting that yes, that was you, isn't proof when you're a rich politician. Society would crumble in it's entirety if the laws actually applied to the people who make them.
5. Re:In case anyone forgot by Noren · 2011-01-14 06:50 · Score: 3, Informative
  
  You believe a falsehood. Evidence unlawfully obtained by a private person is admissible, and Kernell wasn't a government employee. The Fourth Amendment protects against actions by government officials, not other private individuals. See BURDEAU v. MCDOWELL where a thief stole private papers which were nevertheless later used to prosecute the owner of the papers.
Re:Why is Palin using a Yahoo account? by guruevi · 2011-01-14 04:01 · Score: 3, Informative

Yes, there were job-related e-mails in there that according to the law have to go into a government repository and for some reason she didn't want those messages to go on record. She was not punished for this.
Likewise she will not get punished for inciting violence and shootings, for being just plain dumb or for the air time she squandered with her show.

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Seems fitting by pak9rabid · 2011-01-14 04:03 · Score: 2

To everyone saying he "shouldn't be locked away in a hole with more dangerous people", this kid's being put into a "minimum security resort", not a "federal pound-me-in-the-ass prison", to quote Office Space. The worse people he'll run into are probably embezzlers.
another part of the story is missing here by zuki · 2011-01-14 04:21 · Score: 3, Interesting

Another potential crime which is not often spoken about was that in doing so, he also inadvertently managed to prove that the then-governor of Alaska was using her private email account for conducting state business, something against which there are very strict compliance rules, and that according to many was a clear breach of protocol on her part. These emails are supposed to be archived and later visible to anyone who wishes to see how state business is conducted, but cannot if she used a private account. In a similar vein, the Republicans in power during the Bush years suffered an unfortunate and accidental 'total erasure' all their emails from the White House servers including any backups there may have been for a period of well over a year, which only the more cynical among us would link to the possibility that this may just have been done so that no incriminating evidence could ever be found with regards to what was really discussed when the war in Iraq was started under false pretenses, and other trivial, inconsequential matters. "Real Americans" would far more readily accept the idea that the government losing all of this data and never keeping a single backup of it was a totally unexpected thing, and that's that.

Yes, I think that what this young man did is reprehensible, but so are the other points above, none of which ever got pursued (to my knowledge). That stinks of a real and pretty obvious double-standard of accountability. Sweeping them under the carpet by employing some other distraction was the only magic trick required...

No wonder they hate ***leaks so much. The sort of action which might just begrudgingly force them to come clean about their own practices and start having to play by the rules themselves. For that reason, expect stiffer sentences for similar crimes in the future, to prevent anyone from ever seeing all of this dirty laundry being aired.
The Rule of Law. . . by JSBiff · 2011-01-14 04:25 · Score: 2

Please, protecting people and businesses from having others illegally gain access to their private accounts is not some obscure, ridiculous 300 year old law. It's completely reasonable for it to be a felony to illegally access other people's accounts. It's also completely reasonable to send someone who broke the law by hacking into someone else's account to jail for doing so. You do the crime, you do the time.
We're not talking about one of those legal technicality laws that make criminals out of almost everyone. We're talking about purposely using technical features to gain access to an account which you have not been authorized to access by either the person who 'owns' the account, or by a court through a search warrant. (Yes, I realize that there are issues of the federal government itself doing warrantless wiretapping of the Internet, but that's another issue; yes, it's hypocritical, but at the same time, just because the government is violating our rights, doesn't mean it should be ok for everyone to violate our rights - you don't solve problems by creating additional problems).
It's not so bad by morgauxo · 2011-01-14 04:43 · Score: 4, Interesting

I know someone who went to a minimum security prison. I suppose they might not all be alike but if they are sending him to one anything like my friend went to he has a year vacation to spend playing playstation games and/or in a gym occasionally interrupted by a class or two.

Now.. trying to find a good job with a conviction on his record once he gets out... That's the part which will suck for him.
Grrr, growf, we're gonna get him!!! by bradley13 · 2011-01-14 05:18 · Score: 4, Informative

Folks, take a look at the charges he was convicted of. Then think about this sentence.
Mr. Kernell was convicted of two charges. For breaking into Sarah Palin's email account, he was convicted of a misdemeanor for unlawful computer access. But a misdemeanor isn't enough payback for embarrassing one of the political elite. So he was also charged with a felony account of obstruction of justice. The FBI says that he erased data off of his computer. Specifically, he deleted his copies of Palin's emails, and then defragged his disk. He also cleared his browser history.
Well, duh. The kid did something stupid. When he saw what an uproar he had created, he tried to make it all go away. Wow, that really is grounds for a federal felony charge.
This isn't justice folks. This is payback for embarrassing one of our betters.

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Justice for all huh? by McTickles · 2011-01-14 05:25 · Score: 2

So this is what it all comes down to ?
The "greatest" country in the world found to be run based on the tantrums of an elite few ?
Who would have thought...
If the elite doesn't like you, it doesn't matter what the judge say, they'll get rid of you anyway.
It seems more and more obvious that the Ameritards are simply bullies who like to boss people around.
Europe and Asia should really cut relations with them soon because no matter what they'll be always the school's bully.
Can we please free ourselves from the american-spread misconception that they are the best ? Can we please stop handing them over whatever they like ? Can we please stop bending over backwards for them ?
We are only feeding their endless greed and tantrums by giving in to them.
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