Hacker News Reader

Comment by jcpham2 | Hacker News Reader

“Law Enforcement wants to put you in jail for a very long time”

The CFAA[1][2] is an arcane and ancient piece of legislation that could use an overhaul, especially with some of the vague language it contains. A person would definitely want to make sure they are authorized prior to touching a computer or even data that may not have authorization for.

Unauthorized use of a computer is the easiest felony to commit accidentally it would seem. Although in this case I don’t think that’s a legitimate argument to be made. This person or persons knew they were committing crimes.

I’m not defending the hacker either, the quote at the end of the article rings true.

[1] https://www.justice.gov/jm/jm-9-48000-computer-fraud

[2] https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act

View on HN

> The CFAA[1][2] is an arcane and ancient piece of legislation that could use an overhaul, especially with some of the vague language it contains.

I imagine that this is the reason why the charge is "unlawful transfer of confidential phone records", which is something much more specific.

From PACER, it's also stated that he filled out the CJA23 financial affidavit to demonstrate his inability to afford a lawyer (it's quite something to get caught like this and not even manage to earn enough to pay for a lawyer).

Additionally, "the defendant waives the rights provided by Rule 5 and/or Rule 32.1 of the Federal Rules of Criminal Procedure" means that he is choosing to streamline the initial procedures and is waiving supervised release or probation, suggesting that the prosecution's case is strong and that he is opting for an expedited process.

One fun thing is personal recording isn't a protected right in the military and has to be stated if you're recording in an office for personal reasons. (official recording is usually stated as a usage agreement), or literally put on the device as a sticker.

He's also a low level enlisted so its not surprising he was unable to afford a lawyer.

In Illinois it is specifically a criminal act to violate the terms of service of a web site under the Computer Tampering law:

(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3) Sec. 17-51. Computer tampering.

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=0720...

(it starts as a misdemeanor, but rises to a felony if you do it multiple times)

Archaic? Yes, but its typically pretty easy to prove if its not required within their job to use. Unauthorized use is basically the "did anyone say you could or couldn't do this" in written/signed form. Basically accidental breaking of it has to fail the intent and purpose reason most of the time.

Reply on news.ycombinator.com