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Malware Developer Who Used Spam Botnet To Pay For College Gets No Prison Time (bleepingcomputer.com)
An anonymous reader writes: The operator of a 77,000-strong spam botnet was sentenced to two years probation and no prison time after admitting his crime and completely reforming his life. The former botnet operator is now working for a cybersecurity company, and admitted his actions as soon as the FBI knocked on his door back in 2013. The botnet operator, a 29-year-old from Santa Clara, California, says he was tricked by fellow co-schemers who told him they were not doing anything wrong by infecting computers with malware because they were not accessing private information such as banking or financial records. Furthermore, the botnet operator escaped prison time because he used all the money he earned in getting a college degree at Cal Poly instead of using it on a lavish lifestyle or drugs. This case is similar to the one that MalwareTech (aka Marcus Hutchins) now faces in the U.S. for his role in developing the Kronos trojan, but also after turning his life around and working as a cybersecurity researcher for years.
But hey, it's only a valuable college degree that helped him get a cybersecurity job.
Not like he's gonna live high on the hog off a job like that. He might as well be working at a gas station!
Chas - The one, the only.
THANK GOD!!!
You have to turn to crime to just be able to afford tuition.
Isn't it still entirely unproven that Hutchins had anything to do with writing kronos? Last I heard the FBI has accused him of it, but he hadn't admitted guilt or lost a trial.
... says he was tricked by fellow co-schemers who told him they were not doing anything wrong by infecting computers with malware because they were not accessing private information such as banking or financial records.
I might have believed that claim 30 or so years ago. However, anyone having anything at all even remotely to do with technology would have to be living under a rock in order to not understand that infecting computers that you do not own is considered a serious crime.
That would be like claiming that you thought it was OK to drive yourself home after 6 drinks because you were careful not hit any parked cars or pedestrians and you made it home.
I would call that wilful ignorance.
I was originally going to say that this whole thing sounds like a case of #4 from "The Six Dumbest Ideas in Computer Security". Then I reconsidered because it seemed like he had "good" intentions. However, I cannot imagine who would hire this guy after the claim that he made that he did not know what he was doing was wrong. Definitely sounds like a case of #4.
#russia
Crime is OK if you use the proceeds for education. This seems like a bad precedent to set, especially with computer crime. It's not like we don't already have bunches of script kiddies imagining they're fighting a just cause while committing computer crimes.
So many talented but ethically-challenged kids out there can look at this and say, "Well, if I don't get caught I'm rich and if I do I get probation. Yay, free tuition!"
Does he now earn $50,000 a year in IT in Silicon Valley? I know that guy.
As long as companies lay emphasis on degrees, they will be out of reach of common people. Companies should hire based on some aptitude tests which conveys/suggests the persons ability to pickup technology and work. Of course he will not become Einstein, but for majority of works that is sufficient, and he lives a debt-free life.
He got a degree from Cal Poly, the judge decided he'd suffered enough already.
Inheritance is the sincerest form of nepotism.
Just garnish some of his earnings
“He’s not deformed, he’s just drunk!”
He voluntarily chooses the easiest path by provoking a damage to others, out of the huge amount of other possibilities. He spends all the money egoistically although in something which a priori seems not that bad. As a result of all that, he gets a career, an education and even some fame within the field. The rest of the society gets spam (at least), further promotion of crap(py attitudes, knowledge, outputs, etc.) within the software development industry, the impression that you can get away with things like that and even somehow demotivating people always doing what is right. This doesn't sound fair to me.
Sending him to jail would have perhaps been a bit too excessive; but an important payment or some kind of punishment in the form of restricting his activity might have been quite fair. I am all for second chances and supporting people wanting to improve, but everyone should be responsible for any action damaging others. Nothing even close to an eye for an eye, just some reasonable compensation.
Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
I would be interested to see if his university had anything to do with the lawyers. lol
But honestly I read the whole article and if the kid really is as it reads in the article, then this is a win IMO. I mean all he did was send spam?
Let's be honest. Billion dollar corporations have been sending us spam since there was a medium to put spam on. And they don't even get a slap on the wrist.
I mean literally now someone actually recently got an ad on their flash briefing on Amazon Echo.
This is a win for the kid and I support it.
This case is similar to the one that MalwareTech (aka Marcus Hutchins) now faces in the U.S. for his role in developing the Kronos trojan Should say: This case is similar to the one that MalwareTech (aka Marcus Hutchins) now faces in the U.S. for his ALLEGED role in developing the Kronos trojan.
He spent the money on rehabilitating himself, and will pay taxes with his job. Or would you rather the government lock him up, not receive those taxes, and instead spend even more money on his custody?
An easy sentence for him is to have him write to the owner of every single machine he infected a hand-written letter to tell them he is sorry for what he did and how to make sure not to have their machines infected by botnets in the future, that would fix what he has done and let him know that the more people he screws up in the future, the more work has to be done to fix it!
I can only hope that the portion of the US Administration that is currently investigating Marcus Hutchins is willing to apply a similar outlook that we see handed down here. The law should be fair for all; whilst I respect the value of allowing judicial discretion in certain circumstances, I do think it is important to be implemented in a neutral way.
lack of bankruptcy for student loans drives costs up as it's very easy to get one. 100K for a masters mid-evil study's with small hope of getting a job that can pay that off is no problem for the banks.
This guy, CS Agents who deactivate Cheeto Mussolini's Twitter Account, or anyone who has "Down Perriscope!" tattooed on their private parts. All hired.
Yes, in order to avoid encouraging everyone from paying for college with criminal activities.
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It's a waste of taxpayer's money if he's to be punished as a deterrent. If he's to be punished for retribution then prison might be harsh. Probation seems a bit easy as the victims should receive some compensation for their troubles, though I suppose that's a civil matter.
he and his 'co-schemers' took one of their office printers out into a field and beat the crap out of it.
It is amazing how people intellectually breeze past the fact that he is still a criminal.
From a social impact of the individual's criminality, the threat has passed, hence, there's no need to lock him up at our expense.
From an economic impact/motivational factor for society, there's civil suits. Let him have his pockets drained until he's repaid the costs he caused others to incur.
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
Will be paying for decades - I've paid about $95,000 for my 80K worth of tuition and still have about 5 years and another $55k to pay off. And I'm part of the 9% who has paid off or is paying down the principal on their loans. The student loan industry is going to implode within the next decade, and watch out when it does. . .
...there's no need to lock him up at our expense.
Your right; we should just exile him.
taking on unforgivable college loans for the full amount and sending the money to something charitable.
Along with a suspended jail sentence waiting for him if he goes back to the dark side.
Jail means I pay for his room and board, and may make a hardened criminal, which doesn't seem right.
The 'yes, crime pays' solution definitely doesn't seem right.
"Never ask for permission, always ask for forgiveness" confirmed.
Incarceration isn't just about rehabbing criminals.
Chas - The one, the only.
THANK GOD!!!
Then you could make the same argument for any illegal activity, e.g. drugs, robbery, pickpocketing, etc. At 25 he was more than old enough to understand what was done was both illegal and understand that the spam was almost certainly sent to perpetuate scams (e.g. online pharmacies).
Incarceration isn't just about rehabbing criminals.
Correct. Incarceration is also about protecting society from dangerous individuals.
If he can show that he has been rehabilitated, or is making progress towards rehabilitation, and is not deemed a danger to others, then he should not be in prison.
Probation (aka monitoring his behavior for a period of time) is a valid choice. See also: "suspended sentence".
Requiring that he pay fines/ make restitution is a separate consideration from prison/probation.
I would rather they lock him up. Or would you rather a criminal that steals your wallet go free as long as they're using the money to pay for college?