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Andrew Auernheimer Case Uncomfortably Similar To Aaron Swartz Case

TrueSatan writes "Andrew Auernheimer doesn't appear suicidal, no thanks to U.S. prosecutors, yet he has been under attack for his act of altering an API URL that revealed a set of user data and posting details of same. 'In June of 2010 there was an AT&T webserver on the open Internet. There was an API on this server, a URL with a number at the end. If you incremented this number, you saw the next iPad 3G user email address. I thought it was egregiously negligent for AT&T to be publishing a complete target list of iPad 3G owners, and I took a sample of the API output to a journalist at Gawker.' Auernheimer has been under investigation from that point onward, with restrictions on his freedom and ability to earn a living that are grossly disproportionate to any perceived crime. This is just as much a case of legislative overreach and the unfettered power of prosecutors as was Swartz's case."

7 of 400 comments (clear)

  1. And people wonder why hackers often... by eksith · · Score: 4, Interesting

    Dump and humiliate instead of disclose "responsibly". That word applies to both parties; when a vulnerability is revealed "responsibly", and the end result is for the powers that be to act irresponsibly with no regard to measured response, what's the incentive to do good?

    Delicacy is over. Expect nukes.

    I'm just gonna grab the popcorn and enjoy how the restless kids will respond to the power high prosecutors expect to get massaged.

    --
    If computers were people, I'd be a misanthrope.
  2. US Attorneys by ShakaUVM · · Score: 5, Interesting

    Yes, US Attorneys are the most powerful, and least controlled, people in our government. Even the president has more checks and balances on his power than what these guys get away with.

    A US Attorney is trying to seize the assets of a friend of mine, who is guilty of doing nothing but leasing land to some farmers, that grew pot on it without his knowledge. He's running into debt fighting the case, but the US Attorney is going full bore anyway, since it doesn't cost *him* anything to try to make an example out of someone.

    I think we should institute loser-pays in all lawsuits involving US Attorneys. (Unless we have this already? I don't know.) There's a reason why 90%+ of all cases with them are plea bargained out - the US Attorneys have effectively unlimited resources, and can drain you dry fighting them.

    1. Re:US Attorneys by Anonymous Coward · · Score: 4, Interesting

      There's a reason why 90%+ of all cases with them are plea bargained out - the US Attorneys have effectively unlimited resources, and can drain you dry fighting them.

      That's not true. Large corporations kick their asses every day due to the budgetary restrictions on the Justice Department. Large Banks and Investment Firms, Big Pharmaceuticals, etc. can out maneuver and spend the government. They can, and do, drag a case on for years and turn it into a war of attrition. And because everyone in the US loves a winner and abhors a loser, US Attorneys look for easy victories, as picking on David is easier to do than fight Goliath.

      As for the the large amount of plea bargains, that relates to all accused persons--not just the innocent ones. The fact of the matter is, the vast majority of folks being prosecuted are guilty of the crime they are accused of. So, if you are guilty, taking a deal for a lighter sentence in return for not costing the government huge sums of money to prosecute your case only makes sense...

  3. a case of legislative overreach and the unfettered by Anonymous Coward · · Score: 4, Interesting

    a case of a bunch of clueless pricks in the legal system extending jurisdiction to a field they have no knowledge of but feel they need to be responsible for. The fact that the people involved are not so embarrassed that they automatically resign when these acts come to light but instead defend their position also speaks volumes.

    It's as if Jen from the 'it crowd' got a law degree.

  4. Re:Persecute the whistleblower by SirGarlon · · Score: 5, Interesting

    I'm just an observer (not an attorney or prosecutor), but I suggest the hypothesis that the two-tiered system is attributable to prosecutors being lazy and cowardly. The rich and powerful can take full advantage of legal tactics to draw out a trial and delay an inevitable verdict, even when they're guilty as hell. Thus, it is much costlier and more uncertain to prosecute a banker than a hacker. Prosecutors advance their careers and reputations by getting a lot of convictions. Their incentive is to go after the easy prey.

    So, the way to fix this mess is to change the incentives for prosecutors so they are motivated to pursue the most harmful crimes, not the ones that are easiest to convict. Easier said than done.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  5. Just deserts by symes · · Score: 4, Interesting

    As far as I know - this guy highlighted a security flaw that exposed private data to the world. This meant he knew that that data was private and should not be maliciously exploited. He then wrote an application that accessed that data maliciously. The first bit is laudable. The second bit is as stupid as it gets given that he'd just told the company this sensitive data was exposed.

  6. Re:Persecute the whistleblower by Anonymous Coward · · Score: 5, Interesting

    Interestingly, Auernheimer disagrees with this interpretation.

    From TFA: (the techcrunch statement)
    "Ivy league educated and wealthy, Aaron dealt with his indictment so badly because he thought he was part of a special class of people that this didn’t happen to. I am from a rundown shack in Arkansas. I spent many years thinking people from families like his [Swartz] got better treatment than me. Now I realize the truth: The beast is so monstrous it will devour us all. None will be spared."