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Florida Teen Charged With Felony Hacking For Changing Desktop Wallpaper

colinneagle writes: A 14-year-old middle school student in Holiday, Florida, was arrested this week and charged with "an offense against a computer system and unauthorized access," which is a felony. The student reportedly used an administrator password to log into a teacher's computer and change the background image to a photo of two men kissing.

The student also revealed his secrets after he was caught – the password was the teacher's last name, and the teacher had typed it in in full view of the students. The student said many other students used these administrators' passwords (their teachers' last names) so they can screen-share and video chat with other students. The student was briefly held in a nearby detention center, and the county Sheriff warned that other teenagers caught doing the same thing will "face the same consequences."

37 of 629 comments (clear)

  1. thank God they didn't have computers.... by OutOnARock · · Score: 5, Insightful

    when I was a kid

    the things I might have done....

    picking the mimeograph of the test out of the trash if its in public isn't even a criminal offense...

    1. Re:thank God they didn't have computers.... by tnk1 · · Score: 4, Insightful

      Yes, but this isn't in public. The fact that they had easily learned the password and were regularly using it isn't the same as it being "in public".

      I don't think this should be a felony, but just because I leave my front door unlocked and slightly ajar doesn't give you permission to enter it.

      On the other hand, I don't know why schools are so quick to call the cops for something like this. Kids must do something at this level of annoying multiple times a day, every day. If they called the cops for every one of those, we'd have to move the classes to prison.

    2. Re:thank God they didn't have computers.... by jythie · · Score: 4, Insightful

      The defense will probably (assuming it goes to trial) rest on the point that not only were the passwords public knowledge but were being used with the teacher's knowledge in other instances. To expand the analogy, it would be like keeping your key under a rock so any number of people can come in to feed your cat, but then one of those people scrawls something on the wall.

      'hacking' needs to have some lower bounds, and this sounds more like a case of simple vandalism then any kind of intrusion.

    3. Re:thank God they didn't have computers.... by Shakrai · · Score: 5, Insightful

      I don't think this should be a felony, but just because I leave my front door unlocked and slightly ajar doesn't give you permission to enter it.

      It shouldn't even be a criminal charge. It may be a crime by the letter of the law, but c'mon, this couldn't be handled in-house?! A moronic stunt like this calls for in-school suspension with a few extra and tedious academic assignments. I can't decide what's more pathetic, the fact that the school couldn't handle this internally or the fact that law enforcement took the "case."

      Coming soon, the 2015 remake of The Breakfast Club; it begins with all four kids in handcuffs, charged with felonies for their misadventures, and ends with the parents bankrupted by legal fees while the kids lose any hope of becoming productive members of society.

      --
      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:thank God they didn't have computers.... by amiga3D · · Score: 4, Insightful

      Maybe they could just have the punishment fit the crime? When I was in school this would have meant bending over the Principal's desk and getting 5 swats with a piece of wood called a paddle. Now we're so much more civilized. Instead of bruising his ass cheeks we'll just ruin his entire fucking life. So much better.

    5. Re:thank God they didn't have computers.... by amiga3D · · Score: 4, Insightful

      The school over reacted and it became a mess. Time to put the Principal on the unemployment line. The voters there need to take back their schools from the idiots they've left in charge.

    6. Re:thank God they didn't have computers.... by mrchaotica · · Score: 3, Insightful

      Well, if folks would calm down they'd realize that this is more likely just an attempt to scare the kid and set and example

      SO?! That's still NOT OKAY!

      What you've just described is a police state using tactics of fear and intimidation to subjugate the public. That's what you're defending here!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:thank God they didn't have computers.... by mrchaotica · · Score: 3, Insightful

      Doesn't every computer geek who grew up in the 90s have a story like that? As far as I'm concerned, benignly hacking your teacher is a completely normal and expect part of growing up!

      If all schools start reacting to that kind of thing like the one in TFA did, they really will need H1Bs because all the Americans who otherwise would have become developers will be in prison!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  2. Re: Must example set of him by Anonymous Coward · · Score: 3, Insightful

    Justice system is retarded.

  3. Abusive authority breeds abusers, not obedience by Art+Popp · · Score: 5, Insightful

    The question every person in authority should be in the habit of asking is: "Am I using the least amount of my authority possible to accomplish my immediate goals?"

    To get a peace officer badge, A Clockwork Orange should be mandatory viewing with a discussion to follow, and an arrest for not understanding it. I think peace officers who don't understand the point of that movie are at least as likely to commit serious crimes as 8th graders who tamper with screen savers. I'm willing to be proven wrong.

  4. Re:Must example set of him by Anonymous Coward · · Score: 5, Insightful

    Especially because he put GAY GUYS on the computer, the horrors. If he had changed the wallpaper to a cat picture this would not have happened I guarantee it.

  5. Rare arguement for jury nullification by davidwr · · Score: 5, Insightful

    It's rare that a jury should exercise "jury nullification" but cases like these, where the punishment does not fit the crime, are one of them.

    Acquitting a guilty person when the charge is over-the-top for the circumstances sends a loud message to prosecutors to dial-it-back to something sane the next time around.

    If there wasn't a history of other students doing the same thing, filing misdemeanor criminal charges in juvenile court with a pre-arranged deal where they charges would be dismissed and the arrest expunged within 1-2 years would not be inappropriate.

    Because there is such a history, even this is too much. This should have been handled as an internal disciplinary and/or re-training matter for the student and, in parallel, for the faculty so this kind of thing doesn't happen again.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Rare arguement for jury nullification by Anonymous Coward · · Score: 3, Insightful

      I think to it shows a complete disconnect from what computers are and the seriousness of what the student did.

      If a teacher were to leave a spare set of keys to the Teacher Lounge under a mat and students saw this. Then some of students sneaked in and stole some coffee, etc. And one student sneaked in and changed one of the boring motivational posters to one of two men kissing. That would be the physical world equivalent of this crime!! No one in their right mind would charge the student with federal burglar charges.

      If this goes to court, Am hoping a several lawyers will write as a friend of the court with something like the above.

  6. Well, yeah... by jargonburn · · Score: 5, Insightful

    Obviously, he should have set it to a photo of two women kissing. Then the teacher wouldn't have been so mad!

  7. Felony hacking by Anonymous Coward · · Score: 5, Insightful

    More serious than misdemeanor manslaughter.

    1. Re:Felony hacking by SoCalChris · · Score: 5, Insightful

      Except with a felony conviction he'll automatically lose rights for life, and will have a much harder time getting a decent job once he's out of school.

  8. True Justice. by Anonymous Coward · · Score: 5, Insightful

    Finally, we are teaching our children that justice is truly blind. It cannot see that we are charging the child, a 14 year-old, with a felony that will last the rest of his life. Never mind any jobs that the kid may try to get in the future. He is now a felon and shall be treated as such.

    Seriously though. He is just a child. I believe in making sure it is shown that what he did was wrong, but treating him as a full blown felon? Disgraceful.

  9. AUP by Anonymous Coward · · Score: 4, Insightful

    Most acceptable use policies would require the teacher to understand that actions taken with his credentials are his responsibility. As the teachers own password was used, he or she should bear the responsibilities of the action.

    1. Re:AUP by turkeyfish · · Score: 2, Insightful

      You don't understand. The photo that was placed on the screen clearly indicates this kid could grow up to be a Democrat. It is essential the felony charges stick so that this kids voting rights will be permanently eliminated.

  10. Protect the children by davydagger · · Score: 3, Insightful
    Oh, wait, it seems that we only care about "protecting the children", when its an excuse to cram morals based on superstition and mythology, or we want to ban something with the intent of arresting people, or give the police new powers to arrest people, harshen sentances, or errode the rights of the accused.

    But really, there are some pretty loud crickets when the state gets a hardon for arresting/harrassing children.

  11. Tech illiteracy at its finest by mcfatboy93 · · Score: 5, Insightful

    If you obviously don't understand what the kid did, they how do you expect people to believe that your judgment is fair?

    Its clear in this situation the kid is the only one who knows that a computer isn't a magic box with pretty lights.

    --
    Its not my fault, someone put a wall in my way.
  12. Wow ... by gstoddart · · Score: 5, Insightful

    Sometimes you have to look at how these laws are being applied, and fight back the overwhelming urge to slap the stupid from the people who pursue these charges. And it might take a lot of slapping.

    This is a high school prank, nothing more.

    Honestly, the people who are filing felony charges of complete morons.

    --
    Lost at C:>. Found at C.
    1. Re:Wow ... by gstoddart · · Score: 3, Insightful

      Well, let's not make the lazy, incompetent people who run these computers and assigned terrible passwords out to be at fault here.

      That's just blaming the victim and using common sense.

      Honestly, anything he did after they already knew he had the password makes them complete idiots.

      --
      Lost at C:>. Found at C.
  13. Re:Insanity by scrib · · Score: 4, Insightful

    I live in Florida and this embarrasses me.
    However, I think giving Florida back to Spain might fix the problem. I don't think this is a Florida problem as much as a U.S. problem. In this country, we criminalize everything and take common sense out of the picture.

    --
    Help! Help! I'm being repressed!
  14. Re:Insanity by schwit1 · · Score: 4, Insightful

    THE problem is a lack of consequences when government officials act like asshats ... unless one of them shoots a guy in the back 8 times.

  15. They have to do something to keep the prisons full by wizkid · · Score: 3, Insightful

    Since states are now legalizing POT, the numbers are starting to Drop. So they've made the bar way lower on computer mucking!

    We gotta do something to keep the damn prisons filled!

    --
    I take no responsibility for what I say. Even though I'm never wrong :)
  16. punish the administrators. by nimbius · · Score: 4, Insightful

    As a sysadmin this brings me to tears of anger because this isnt the kids fault and instead of learning about the system or security, theyre just learning what it feels like to be incarcerated without due process.

    a competent IT department for the education system has likely determined a best-practices for passwords but been overruled by administrators and staff citing computers, their difficulty, and their ironic unwillingness to themselves learn. Result: easy passwords. Instead of paperwork, meetings with staff, meetings with IT, and a documented record of a potential lapse in workplace best practises the educators have decided to railroad some poor kid into a trial offer of the prison pipeline and continue with school, business as usual.

    --
    Good people go to bed earlier.
  17. Detention? by pr0t0 · · Score: 4, Insightful

    Was a simple, after-school detention not an option for some reason? I mean, really? You called the police? Did da big bad hacker scare you wif his eweet skills? Jumping Jesus on a pogostick! They're kids, mischievous by nature. Give the kid a detention, and institute a sane fucking password policy!

    If I were a parent of a child in this school, I'd be outraged. I'm outraged right now, and I don't live anywhere near Florida!

    --
    I'm sorry, but your opinion seems to be wrong.
  18. Re: Must example set of him by MitchDev · · Score: 4, Insightful

    Because a 14 year old that did the equivalent or pray-painting graffiti is a much safer "collar" that stopping real criminals out on the street....
    THe story is another example of why America is a laughing-stock...

  19. Makes perfect sense. by Anonymous Coward · · Score: 5, Insightful

    Kids need to learn the consequences of embarrassing powerful people. That is one of the golden rules of modern society; thou shalt not embarrass thy superiors. Snowden forgot that, and this little punk forgot that.

    You respect your betters, or you get tossed in a cage. That's the law. Ingrain that into your kid's brains before puberty hits, or they will wind up in a cage too.

    1. Re:Makes perfect sense. by Anonymous Coward · · Score: 3, Insightful

      That's what you are upset about? If voting had any actual power behind it, the politicians would have made it illegal long ago.

      Incidentally, if you think you are better than women or blacks, then you don't know your place. There are only three tiers in humanity: the super-rich, the rich, and the poor. That's it. Based on the fact that you posted on slashdot, I am willing to wager that you are among "the poor." As much as it might hurt your fragile pride to realize this, you are just as insignificant as any other member of your class.

      I know, people in the lower classes like to mentally divide the class up into a few more levels. It is all foolishness. For all practical purposes, you are one of them. The sooner you know your place, and act appropriately, the sooner your lot will improve.

  20. Re:Unauthorized access is illegal. Period. by Anonymous Coward · · Score: 3, Insightful

    Yes, and trespassing (in the real world) is a misdemeanor, generally speaking. Not a felony, a misdemeanor. Why should the equivalent on a computer be any different?

    That said, I doubt most prosecutors would bother if someone reported that someone else had trespassed to leave a photo. They'd probably tell you to lock your door.

  21. Re:Must example set of him by Sarius64 · · Score: 4, Insightful

    Personally I think the kid did him a favor. If someone with ill intent had the password I'm thinking a lot more problems than wallpaper changes could have occurred. It is definitely the teacher's fault that this happened.

  22. Re: Must example set of him by tompaulco · · Score: 3, Insightful

    So how does changing a wall paper (which could easlily be switched back) equate to FELONY which is supposed to mean "serious crime", right up there with murder, rape, bank robery, kid napping, and a number of others.

    It doesn't, but that was not the crime. That was one of the byproducts of the crime. The crime was hacking into the computer. Even if you know the password, if you the authorized user for the account used, then that is hacking. If you don't like the law, there are two things you can do. Either 1. Don't break the law. or 2. Appeal to your congresscritter to get the law changed.
    That being said, changing desktop wallpaper or other configuration on someone else's computer is extremely rude and not befitting of a member of society.

    --
    If you are not allowed to question your government then the government has answered your question.
  23. Re: Must example set of him by Anonymous Coward · · Score: 3, Insightful

    How old are you? There's this thing called "perspective" that gets applied to crimes... usually. See, if we put everything through your black/white strainer, then the toddler who takes an extra candy at the teller window is effectively committing bank robbery. Do you understand how absurd that is, or would you like to stick to your guns and start putting toddlers in prison?

  24. Re: Must example set of him by ShanghaiBill · · Score: 5, Insightful

    Justice system is retarded.

    This kid's parents aren't too bright either. Parents have a responsibility to ensure that their kids understand their legal and constitutional rights. I have a teenage daughter, and I have taught her that if she is questioned by the police, she should say exactly four words:
    1. I
    2. want
    3. my
    4. parents.
    Then she should say NOTHING else, until I am there. The police have no right to interrogate a kid without a parent or guardian present. I also made sure my kids watched this video: Never talk to the police. The kid is TFA is in trouble because he mouthed off, and made the authorities look stupid.

  25. Re: Must example set of him by Anonymous Coward · · Score: 3, Insightful

    Adults should keep the exact same strategy in mind, with one minor substitution. Replace parents with lawyer.