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Ex-NSA Employee Gets 5 Years In Prison For Taking Home Top Secret Files (cnet.com)

Former NSA employee Nghia Hoang Pho, 64, was sentenced to five and a half years in prison for taking top secret U.S. defense files to his home. Pho pleaded guilty in December to willful retention of national defense information, the U.S. Justice Department said in a statement. The maximum sentence for this crime is 10 years, but prosecutors were recommending a sentence of eight years. CNET reports: Pho, a naturalized U.S. citizen originally from Vietnam, worked in the NSA's Tailored Access Group, the agency's team that focuses on tools that can directly hack surveillance targets. Between 2010 and March 2015, Pho took home paper and digital copies of U.S. government documents and writings that contained national defense information on them, the Justice Department said. Pho reportedly had antivirus software from Kaspersky Lab on his home computer network and the software scooped up the top secret information as part of its virus scanning process. Kaspersky has acknowledged that its software lifted hacking tools from a home computer in 2014 but said it wasn't part of an intentional effort to steal information from the NSA. Pho said in court he took the materials home so he could put in more work to earn a promotion, according to CBS Baltimore.

10 of 174 comments (clear)

  1. Extra work by datavirtue · · Score: 5, Insightful

    In this case it looks like bringing work home did in fact affect his work life balance.

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    I object to power without constructive purpose. --Spock
  2. Scooped Up Information cough cough by rtb61 · · Score: 5, Interesting

    Basically the kaspersky anti-virus tool picked up on hacking software by it's coding signature. Strings of code, designed to hack other computers, it is recognisable when you do scans, especially when you do https://en.wikipedia.org/wiki/... ie sound likes, looks like, hacking code.

    Now as it turns out when you scan for virusy like code, whether it is the tool to apply the code or the applied code itself, well, it's going to contain the same hacking code, be identified and been contained and a copy sent back for further analysis if you allow it. SO the twisty swervy version of that, ohh ahh, the Russians stole information (no the sent a copy of the code, containing hacking heuristics for further analysis, as the user agreed to when they installed the product).

    The main reason the US government wants to ban kaspersky, it is the intention of the US government to back door all security software and obviously they will not be able to do that to a Russian program. Still not as bad as the wobbly told be the fellow claiming he took it home to do extra work on it, that near retirement, it was taken home to fund retirement in various non legal ways.

    I will at least take the fellows recommendation for the use of Kaspersky software, why because clearly the NSA hates it, makes life all together too difficult for them. They much prefer software with individually identified security upgrades so they know exactly the user getting the security upgrade, to ensure they get a downgrade instead, instead of a lock and wide open back door but I suppose it's still better to allow those third grade anal retentive tech types to hack your computer to spy on nothing rather than have them kicking your front and back doors down, accidentally repeatedly shooting you and stealing your computers.

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    Chaos - everything, everywhere, everywhen
  3. Missing facts by mseeger · · Score: 5, Interesting

    There IMHO some important facts missing in the description:

    a) He did not have a Office license, so he downloaded a key generator.

    b) The Kaspersky software would not let him run that generator because it considered it harmful

    c) He disabled Kaspersky, ran the key generator and got his PC infected

    d) He re-enabled Kaspersky, the software detected an infection and began looking for malicious files

    e) The software found the NSA written malware and did exactly what it was supposed to do: it was configured to upload new suspicious files to Kaspersky.

    f) The upload server was under surveillance by the Israeli secret service.

  4. Don't work at home. Sleep at work. by Anonymous Coward · · Score: 4, Insightful

    Yah. Perverse work morale.

    I do feel sorry for this guy. OTOH, I hope he learns the lesson: If you kill yourself at work, your boss won't give a shit. If you don't kill yourself at work, (s)he won't, eiter. What to do?

    Kill your boss, of course.

  5. Lesson learned by bobstreo · · Score: 4, Interesting

    NEVER TAKE WORK HOME!

    And nobody was interested if his name is pronounced Fa?

    The lack of any apparent controls at the NSA regarding removing classified information should cause some serious investigations of the agency and it's processes.

    1. Re: Lesson learned by c6gunner · · Score: 5, Insightful

      The Europeans who colonized the Americas by ship were no more "naturalized immigrants" than the Asians who colonized it by walking over the Bering Strait. Don't let your racist tendencies cloud your view of history.

  6. Comey said as much by mpercy · · Score: 4, Informative

    "There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation.

    "To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.

    1. Re:Comey said as much by commodore64_love · · Score: 4, Insightful

      I'm glad someone mentioned Hillary. She did the same thing as this convicted felon, but faced no consequences. (Even a trial that ended "not guilty" would have been better than nothing.)

      Two justices exist in this world: Us and them. Us get punished and Them rarely do, even when they break the same laws.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Comey said as much by dublin · · Score: 4, Informative

      Worse yet, there wasn't even a real investigation. Just preemptive exoneration before she had even been "interviewed" (The quotes around interview are justified in that when an interview finally was done, she was not under oath, as is normal practice in cases involving Top Secret/SCI information...)

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
  7. Re:One rule for the rank and file... by MachineShedFred · · Score: 5, Insightful

    The ignorance defense wasn't worth shit, as the documents found had the classification markings still on them. There's no chance you become Secretary of State without being able to recognize a classification marking, and receive training on the proper care and handling of documents with those markings.

    This is completely a double standard.

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