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Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor
An anonymous reader writes: It's no secret that prosecutors usually throw every charge they can at an alleged criminal, but the case of Aaron Swartz brought to light how poorly-written computer abuse laws lend themselves to this practice. Now, another perfect example has resolved itself: a hacker with ties to Anonymous was recently threatened with 44 felony counts of computer fraud and cyberstalking, each with its own 10-year maximum sentence. If the charges stuck, the man was facing multiple lifetimes worth of imprisonment.
But, of course, they didn't. Prosecutors struck a deal to get him to plead guilty to a single misdemeanor charge, which carried only a $10,000 fine. The man's attorney, Tor Eklund, said, "The more I looked at this, the more it seemed like an archetypal example of the Department of Justice's prosecutorial abuse when it comes to computer crime. It shows how aggressive they are, and how they seek to destroy your reputation in the press even when the charges are complete, fricking garbage."
But, of course, they didn't. Prosecutors struck a deal to get him to plead guilty to a single misdemeanor charge, which carried only a $10,000 fine. The man's attorney, Tor Eklund, said, "The more I looked at this, the more it seemed like an archetypal example of the Department of Justice's prosecutorial abuse when it comes to computer crime. It shows how aggressive they are, and how they seek to destroy your reputation in the press even when the charges are complete, fricking garbage."
*sigh* as always, we have this and that said, no citation. Anyone got a LINK to what he actually DID (excuse me, what he was accused of specifically)
Not sure of full details, but I got this much:
18 counts of cyberstalking: filling out a public contact form on the "victim's" website with junk text.
15 counts violating Computer Fraud and Abuse Act: scanning sites for vulnerabilities using commercial available scanning tools.
Not sure what the other 11 counts were.
The only charge he pled guilty to was a violation of the CFAA, downgraded to a misdemeanor, for trying to log in to the Hidalgo County website server 14,000 times, causing a slowdown that prompted them to hire specialists.