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Grex > Agora35 > #28: Prosecution in the case of the Great M-net Crash | |
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| 25 new of 145 responses total. |
bdh3
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response 50 of 145:
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Sep 29 05:34 UTC 2000 |
And once again, a computer is hardware. Its doesn't suffer broken
windows. The hardware may die, but it is not because of someone
breaking into root or throwing a manikin onto the Information
Superhighway in front of it.
If you allow real world analogies to be applied to the Internet you risk
real world people making big mistakes that you may not like. (I remember
one A2 Judge who's quote "I've seen _WARGAMES_, I know what you can do."
absolutely chilled me to the bone -that this Judge was presiding over
litigating something he knew absolutely nothing about.)
Too often, administrators of systems on the Internet find that it is
far easier to blame the script kiddy for their own lack of care and to
try to shield themselves from potential liability in the event their
system was used to attack elsewhere (as is perhaps the case here?).
In addition, cooperation with authorities beyond what has been
established as legal might just offer a precedent that you might not
like. Right now in England ('common law' is base of our system) there
is or has passed a law to require that all ISPs install and maintain (at
their own expense?) to allow Law Enforcement to monitor activity.
("Carnivore" is only the tip of the iceberg, folks.)
((I'm starting to sound like glr...))
In this case it sounds like some people went overboard (to actually
work as an 'undercover informant'...indeed...). In general, ISPs and
Internet-izens should cooperate with authorities only to the extent of
giving them precisely what they ask for, but not operate as agents of
the State. Further, they should fight seizure of hardware offering that
a backup on media offers all the information they need. To use a real
world analogy, its like the computer system is your house and the police
come to your city (real house) to offer a search warrant. Instead of
merely searching your house for evidence, they take your whole house,
the trees, the driveway, the cable hookup, etc., and any other houses
you might own, cart them away, leaving you out on the street. Hardly
seems a 'reasonable' search to me.
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scg
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response 51 of 145:
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Sep 29 06:18 UTC 2000 |
ISPs have a legal obligation to protect the privacy of their customers, and
that includes not handing private data over to law enforcement without a court
order. Crime victims are under no such restrictions, and it is in their
interest to hand over whatever evidence will get the case solved. In this
case, M-Net was in the role of the victim, not the service provider.
I suppose the question here is whether it should be illegal to maliciously
break something, causing highly paid professionals to have to spend long
periods of time putting it back together, as long as whatever is broken isn't
something physical.
Anyhow, did anybody go to the court hearing?
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bdh3
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response 52 of 145:
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Sep 29 10:18 UTC 2000 |
'Highly paid professionals' who are on their own time members of a
little club? My point is not that m-net was not precluded from
participating in the 'feel good' law enforcement 'justify budget'
operation but that it was imprudent in doing so in the long run and
in the greater scheme of things.
My real point is that I personally believe that 'the Internet' per se
ought to be given a 'time out'. It is the first 'lawless open frontier'
in the last 150 years (which saw the last of the last ones) and ought to
be treated very carefully lest the 'citizens' (netizens?) throw the baby
out with the bathwater and simply reitterate the mistakes of the past
instead of taking the opportunity of creating something new and
different *even* if 'netizens' use past knowlege base to do so.
And not to point a finger, but the 'victims' of this particular user are
his fellow users of a system that didn't use appropriate care in making
sure that this particular system was secure or so I'd bet 5 bucks (and
that is a big bet for me). I bet the method the 'bad guy' cracked root
was well published on a number of professional sites that the 'm-net
staff' ought to have been monitoring and been aware of and long prior
corrected. (If not and this kid is a super genius of 'mdw' class or
better than all the more reason not to fuck up his life.)
Look, traditional government State doesn't like you, or even the idea of
the Internet in the first place. It has to deal with it because
Business has seen its potential, but it doesn't have to like it or take
a hands off approach; it wants to control it. For the first time in 150
years I can potentially sell 3 million barrels of oil and you can pay me
for it without the State having even a clue that such a transaction took
place much less tax or control it. That is the real issue here (not to
mention I could, if 'cybercash' existed to a great extent offer an
anonymous auction for the assasination of Saddam Hussein for example
where if enough individual 'netizens' joined in), not that 'criminals'
would use 'cryptology' but that ordinary citizens can.
So while you see a little isolated case of a 'script kiddy' who cracked
root on m-net because he was allowed to due so probably because of
inattention and not incompetence on the part of m-net staff, I see a
whole ton of bricks coming down on the whole concept of individual
freedom on the Internet.
As I said before, knowing what little information is posted on m-net and
grex I think the kiddy ought to be publically spanked ('caned') by his
parents and that be the end of it. If it were my child I'd have spanked
same long ago and would be rather indignant at State interest, but that
is me, and I think of meself as a responsible parent of a child I
spawned.
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jerryr
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response 53 of 145:
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Sep 29 13:28 UTC 2000 |
he didn't only "damage" m-nut, so y'all can get your panties out of their
twisted state about what m-nut is or isn't.
besides, he's in plea bargain negotiations as i type this. he waived his
rights to a preliminary exam. he had legal representation. so step back,
take a deep breath and wait for the other shoe to drop. or not.
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brighn
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response 54 of 145:
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Sep 29 14:43 UTC 2000 |
Computers are objects in the real world.
Real world laws apply to them.
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gull
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response 55 of 145:
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Sep 29 14:56 UTC 2000 |
It occurs to me that bdh's arguments could also be applied to justify
phreaking to make free calls on the phone company's tab. Nothing physical
is being broken, is it? Nothing tangible is being stolen, only time.
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jazz
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response 56 of 145:
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Sep 29 15:54 UTC 2000 |
I don't entirely buy the explanation that a system's security staff
are responsible for any security compromises, to the point to which the script
kiddie is off the hook, any more than a warehouse's security staff is
responsible to the point to which a cat burglar is off the hook. Especially
when it comes to freenets, it's not always possible to patch an exploitable
program or OS immediately, and sometimes it's not possible for a matter of
months. People with nothing to do and a subscription to bugtraq will always
be faster.
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polygon
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response 57 of 145:
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Sep 29 16:00 UTC 2000 |
"Cat burglar"? Now there's a term I haven't heard in many years.
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jor
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response 58 of 145:
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Sep 29 17:37 UTC 2000 |
well whaddya call someone who breaks into the cat warehouse
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tod
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response 59 of 145:
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Sep 29 17:51 UTC 2000 |
pussy whipped
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jerryr
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response 60 of 145:
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Sep 29 18:32 UTC 2000 |
that's how "big pussy" got his name, on the soprano's
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krj
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response 61 of 145:
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Sep 29 20:49 UTC 2000 |
Answering scg's question in resp:51 :: Over on M-net, willard reported:
#261 Michael Smallwood (willard) Thu, Sep 28, 2000 (14:00):
Just spoke with the AG's high tech crimes office. According to the
gentleman that I spoke to, Salcedo waived his preliminary exam, and was
bound over to circuit court. My understanding is that from here, he can
stand trial or plea bargain.
Perhaps Larry or Aaron or someone can explain "preliminary exam"
and "bound over to..."; these terms come up a lot in Michigan
criminal news stories and I don't really fully understand them;
I didn't grow up here and I don't recall hearing these terms in
Maryland.
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jerryr
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response 62 of 145:
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Sep 30 00:18 UTC 2000 |
yeah, ignore response #53
the prelim is a hearing where the d.a. presents enuff evidence to try to
convince a judge that there is sufficient evidence to support the charges
against an accused. if the judge so finds, the defendent is "bound over"
- which means, the accused gets a trial. there can also be evidentuary
and other motions presented to the judge at that time.
one of the more famous prelims was the televised one before judge kennedy,
in california, where o.j. simpson plead "aboslutely, 100% not guilty."
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richard
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response 63 of 145:
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Sep 30 06:45 UTC 2000 |
if I were the kid's lawyer, I would have mnet's box subpoenaed..unplug
the thing and bring it in to courtand introduce it into evidence. There's
no doubt that any jury could have the impression that mnet is a bigger
and more substantial system than itis. So they should see "mnet",
see that its just a box, a used box that didnt cost $1,000.
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scott
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response 64 of 145:
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Sep 30 12:45 UTC 2000 |
They can have it, since M-Net upgraded to a new box anyway.
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senna
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response 65 of 145:
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Sep 30 13:45 UTC 2000 |
<laugh>
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jerryr
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response 66 of 145:
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Sep 30 14:53 UTC 2000 |
this is becoming quite amusing. one more time: the economic impact had to
do with entities in *addition* to those that might have involved m-nut
directly.
shall i type that a few more times, or do you think you might finally get it?
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gull
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response 67 of 145:
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Sep 30 17:32 UTC 2000 |
I think the point that's being made is just because the system is run by
volunteers doesn't mean that their time has no value.
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jerryr
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response 68 of 145:
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Sep 30 18:13 UTC 2000 |
their time indeed has value. however, all the people volunteering to help
defend this moron are doing so because they believe there wasn't an economic
impact to m-nut in excess of $1,000.00
whether or not that is true, is irrelevant to this case. he caused damage in
excess of $1,000.00 not involving the hardware or hourly workload of staff
of m-nut.
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jp2
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response 69 of 145:
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Sep 30 18:36 UTC 2000 |
This response has been erased.
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scg
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response 70 of 145:
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Sep 30 18:38 UTC 2000 |
The old M-Net was actually quite a substantial looking box. It took two
people to lift it. But I fail to see how that's relevant to anything. There
are certainly smaller looking boxes wtih considerably more processing power,
that are used as mission critical servers in expensive corporate networks.
Your point, Richard?
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jp2
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response 71 of 145:
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Sep 30 18:46 UTC 2000 |
This response has been erased.
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tpryan
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response 72 of 145:
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Sep 30 23:15 UTC 2000 |
Does your Apollo have a richard hatch?
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bhelliom
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response 73 of 145:
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Oct 1 01:01 UTC 2000 |
Thoe whole affair sounds rather sad. What are the implications if the
person in question gets convicted?
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tod
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response 74 of 145:
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Oct 1 13:32 UTC 2000 |
A confessed cracker gets a penalty for breaking a law. Simple.
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