Should this not be a crime?
AT&T put this information on a public interface and relied on obscurity of serial integers to protect it, then cried foul when someone crawled their unprotected data and claimed felony unauthorized access to a computer system because they didn't explicitly authorize him to download the contents of those publicly-accessible pages.
This conviction is a travesty.
Because that's pretty much the equivalent of what happened here. You say "AT&T put this information on a public interface and relied on obscurity of serial numbers to protect it"; this phrasing puts the blame on AT&T. Yes, they should not have done that. But that's about equivalent to forgetting to lock a file cabinet; it's a mistake that someone made. Weev then took advantage of that mistake to violate the privacy of thousands of people, providing their personal information to a news organization.
Now, I don't necessarily think that they should have been convicted of everything they were convicted of. Unless there are facts that I haven't seen, they haven't come anywhere close to committing identity theft. But you do have to admit that Weev did not exactly handle this responsibly, and did invade people's privacy.
In my opinion the crime isn't in requesting or obtaining that information, it's in the way that he handled that information afterwards.
If he would have used it with the pure intention of showing that the system is insecure, he would have been right and nobody would have been able to blame him of improper conduct.
Instead he sold/handed over that information to Gawker, which is where he went wrong in my opinion, because he took another organisation's information and decided to put that information on the market against their will or consent.
Honestly, to me, it feels like he's being run down because someone got embarrassed, and he's being railroaded with archaic laws that can be applied in vague and nebulous ways to make just about anyone a criminal if it's useful.
> In my opinion the crime isn't in requesting or obtaining that information, it's in the way that he handled that information afterwards.
I think that the fact that he requested a hundred thousand records probably didn't work in his favor. If he had requested just a dozen or so, to confirm that the problem existed, it would have been one thing; once he hit thousands, it makes you wonder if he had ulterior motives. Past the first dozen or so, there was nothing left to prove about the security flaw.
> Instead he sold/handed over that information to Gawker, which is where he went wrong in my opinion, because he took another organisation's information and decided to put that information on the market against their will or consent.
Yes, this was the biggest mistake. And I don't remember the source, but I recall that someone mentioned that he had considered selling the information as well, before deciding to just give it to Gawker.
Of course, in some ways I don't blame him for not going to AT&T first; there have been researchers who have discovered flaws, and disclosed them to the company, only to have the company accuse them of criminal acts for having even tested for the flaw in the first place. That kind of behavior creates a catch-22, and a very chilling effect on security research.
Crime is leaving such a file cabinet in such manner, especially if it contains private data of your clients.
It's a scary, scary world when you can get prosecuted for scraping a web site.
This is old, but some people seem to misunderstand it still. If your neighbor has a weak lock, telling him about it is OK. Picking the lock, coming in and going through his private things, while keeping some copies of his bank statements, credit card numbers, etc. - is not OK and has a high chance of landing you in jail. And no, "he had a sucky lock" is not a good defense. You knew it wasn't your property and it wasn't a public place.
There was no lock, not even a sucky one, if you want to use a physical analogy then the one burpee posted above is good.