FBI targets Hacker who exposed Steubenville Rape

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Simon_Jester
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Re: FBI targets Hacker who exposed Steubenville Rape

Post by Simon_Jester »

Luke Skywalker wrote:My problem with the case isn't so much that the guy is getting investigated for being a part of an illegal [if not immoral] organization, but rather that he's being threatened with more years in prison than two teens convicted of gang rape. He's even getting more time in prison than Mike Tyson, an adult male, received for rape. Many voluntary manslaughter convicts don't serve 10 years, for crying out loud.
If ten years is the maximum sentence for computer crime, that doesn't mean all people who do use computer crime get ten years.

I can easily imagine a computer crime that would justify ten years in prison- say, stealing a flash drive with the credit card information of several thousand people.

But then, I also think rapists should go to jail for even longer than that.

Side issue- were the Steubenville rapists adults at the time they committed the crime? Juvenile justice works funny.
TronPaul wrote:I'm curious as to how the site was hacked, and what precedent and law are around "hacking". Hacking to many Americans is (fatty)nerds in basements typing a lot and being able to break any system. Hacking, or gaining unauthorized entry into a computer system, tends to be as simple as guessing a password or password hint. Should the act of hacking (ie gain unauthorized access) into an email account by just guessing the password after a few guesses be treated the same way as breaching the server's security using technical methods? If you were to draw differences, where would they be, also how much weight should the actions taken by the "hacker" on the unauthorized system have in their sentencing/charges.
Personally, I think that what matters is what you do, not how you gain access, unless your method of gaining access causes damage.

Using technical means, or unauthorized use of someone's password, to gain access to a system, are both what might be called "virtual breaking and entering:" they can reasonably be called a crime in their own right even if nothing is stolen or sabotaged. But it doesn't much matter which method you used, I think- does the court care whether you got into a house by breaking a window or by crowbarring the lock on the front door?
I feel that if were a simple, ie someone guessed admin as the password and got in, the act of gaining access (and sentencing around it) should be a joke. Now if they somehow caused damage while they had unauthorized access which could be proved to be intentional, then they should be charged around the damage they did.
Thing is, jokingly guessing someone's admin password is like jokingly sneaking into their house by looking under the flowerpots on the front porch for the spare key. You don't have permission to do that. A sensible, law abiding person would take that lack of permission as a sign that they shouldn't be doing it at all.
RogueIce wrote:But I fail to see how hacking a website to post 'apologize or else' is somehow relevant to investigative journalists publishing leaked information, or burglars that found kiddy porn and turned it over to the police, or any other high-minded moral ideal instead of internet vigilantism. Hell depending on the content of that video he could face charges for making threats depending on just how "he threatened action against the players". Being a despicable human being doesn't make you fair game for vigilantes, after all.
Plus, posting a video like that is defamatory: if this "KYAnonymous" character had been wrong about the rape, then his actions would be grossly unfair to the football players. If he believed a crime had been committed, the proper action was to take it to the police, not to boast and bluster about taking it to the police.
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Re: FBI targets Hacker who exposed Steubenville Rape

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RogueIce wrote:How many investigative reporters would be "hacking a Steubenville football fansite" in order to post a video "where he threatened action against the players unless they apologized to the girl"?
They wouldn't have to. They'd have the political clout that comes from being employed by a "serious" media outlet and could actually lean on the cops to get shit done. A private citizen acting on his own, or with a rag-tag coalition of like-minded individuals of no significant means or influence, just has to make do.

And for the record, I don't actually like the idea of summary justice being meted out by an electronic lynch mob, or a literal one for that matter. But you know what? I'd be a lot more sympathetic to arguments against concerned citizens taking the law into their own hands if the police were actually doing anything with it themselves; I haven't followed this case too closely, but from what I can tell from the linked article, the first arrests only happened after the local Occupy rally got to hear about it! And it's not like the case boiled down to one person's word against anothers like usual either, not when the perpetrators are videotaped bragging about it or post incriminating pictures of themselves on Instagram.
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Re: FBI targets Hacker who exposed Steubenville Rape

Post by PeZook »

You know, I can't help but think that only a staggeringly incompetent defence attorney would be unable to get this guy a low and/or suspended sentence :P
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Re: FBI targets Hacker who exposed Steubenville Rape

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Zaune wrote:
RogueIce wrote:How many investigative reporters would be "hacking a Steubenville football fansite" in order to post a video "where he threatened action against the players unless they apologized to the girl"?
They wouldn't have to. They'd have the political clout that comes from being employed by a "serious" media outlet and could actually lean on the cops to get shit done. A private citizen acting on his own, or with a rag-tag coalition of like-minded individuals of no significant means or influence, just has to make do.

And for the record, I don't actually like the idea of summary justice being meted out by an electronic lynch mob, or a literal one for that matter. But you know what? I'd be a lot more sympathetic to arguments against concerned citizens taking the law into their own hands if the police were actually doing anything with it themselves; I haven't followed this case too closely, but from what I can tell from the linked article, the first arrests only happened after the local Occupy rally got to hear about it! And it's not like the case boiled down to one person's word against anothers like usual either, not when the perpetrators are videotaped bragging about it or post incriminating pictures of themselves on Instagram.
The police were made aware of what happened on August 14. Arrests were made August 22, and charges officially filed on the 24 (this story). That's 8 - 10 days from when the police became aware of what happened until arrests/charges filed. If you read this timeline they weren't just sitting around on it, either. They got search warrants and started seizing phones and such on the 16th, and went to the Ohio state investigative authorities (who would have greater ability to investigate the seized evidence than a small town police department) the next day (17th) which means within a week of the evidence being turned over, those arrests were made and charges filed.

Clearly, law enforcement was just sitting on its ass and required the brave hacktivists of Anonymous to hack a website and post a threatening video to do anything.

So maybe the first arrests only happened after an Occupy rally, but that would have more to do with the fact that police don't just take a glancing look at the evidence and go, "Yep we're gonna arrest them" because like it or not, building the facts to arrest somebody and turning that into a criminal case takes time. I doubt people would be any happier if these two suspects were actually acquitted because the investigation was rushed.

I suppose we can ask KS to weigh in on his thoughts about 10 days from a report to arrest and charges filed, but I suspect it's going to rely a lot on many variables, and we don't know what the police knew from the official report, IE: where to start looking (I have seen stories that say the girl has no memory of it) so without even knowing what the police had to initially go on it's difficult to say whether two days from the report to getting warrants is that unreasonable. As well as processing evidence, questioning suspects/witnesses, etc.
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Re: FBI targets Hacker who exposed Steubenville Rape

Post by Kamakazie Sith »

RogueIce wrote:
I suppose we can ask KS to weigh in on his thoughts about 10 days from a report to arrest and charges filed, but I suspect it's going to rely a lot on many variables, and we don't know what the police knew from the official report, IE: where to start looking (I have seen stories that say the girl has no memory of it) so without even knowing what the police had to initially go on it's difficult to say whether two days from the report to getting warrants is that unreasonable. As well as processing evidence, questioning suspects/witnesses, etc.
With major cases that time lapse is pretty normal. Many variables ranging from evidence processing, warrants, locating/interviewing witnesses, locating the scene, and locating/interviewing suspects all can shorten or extend the time a case takes to go from reported to arrests and then charges.
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