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Scott McPherson's picture
Scott McPherson

Tiptoeing Through Minefields

Throw the book at Palin's email hacker

BLOGGERS NOTE, 10/9/2008: This is an edited blog.  I have removed some descriptive verbiage.

Today, a federal grand jury formally indicted one David Kernell, age 20, a student at the University of Tennessee, in the deliberate hacking of the Yahoo email accounts belonging to Alaska Governor Sarah Pailn, the GOP nominee for vice-president of the United States.

Good work, grand jury.  Now let the federal prosecutors refuse a deal, convict him on all counts and incarcerate him for the full length of his sentence.  Fine him to the $250,000 maximum.  And before anyone gives me any nonsense like Anonymous did to the author of the article, I would say the exact same things had he hacked Obama's Blackberry or Biden's home PC. 

When I read about the sentencing of persons convicted of Internet crimes such as identity theft or hacking, I feel the perp got off too lightly in many cases.  And I am amazed when people in our profession feel differently.  Information security is something we can barely hold onto with our fingernails on a good day.  When arrogant perps -- I am sorry, alleged arrogant perps -- such as Mr. Kernell come along, his actions define criminality.  He allegedly deliberately stole Ms. Palin's identity in an effort to dig through emails looking for dirt.  What he apparently found was a recipe for moose stew -- and a surefire recipe for BIG trouble, plus a lot of prison friendships to look forward to.

So don't give me any of that claptrap about "Oh, don't be so harsh, the poor boy didn't know that what he was doing was so wrong. Nobody got hurt, so why hate?"  Moosecrap.  He knew EXACTLY what he was doing.  And he was so arrogant about his exploits he posted his criminal success everywhere he could, for all to see. 

Shall I also mention the conspicuously-placed last line of the Computerworld article?  He is the son of a longtime Democrat state representative.  Which immediately escalates this into the realm of a campaign dirty trick, sanctioned or unsanctioned. 

Bottom line is this:  People such as Mr. Kernell need to be made examples of, in order for cyberspace to be a safer place.  Let others learn and heed.  Hacking someone's email account is not just unethical, it is CRIMINAL.  ILLEGAL.  And I also think we all should demand more security from Webmail providers such as Yahoo.  Perhaps tougher challenge-response questions like "when was the last time you field dressed a moose?" would be good, instead of stuff you can pick up from Wikipedia.

But for hapless little perp David Kernell, his challenge response should be "How many years were you incarcerated for the federal offense of hacking?"

What People Are Saying

Get real - not the crime of the century

Get real. What he did doesn't even qualify as hacking, and there was no great harm done.

It's not like he murdered American soldiers, by lying the country into war, or anything.

This is not about politics....

This is about protecting the rights of those who innocently use the Internet from scofflaws and perps who think they can get away with anything simply because they are smart and clever.

Get off your high political horse.

Scott

Scott, you go on and on

Scott, you go on and on about how the ends don't justify the means, and how all lawbreakers should be punished. This entire country was founded on lawbreakers to where it got to the point where we needed a WAR for the citizens--the people, not the rulers, to get a country founded upon democracy. Was that war worth the end? Were all those lives worth the end? The country we live in today because of that war, is it not worth it because it was brought about due to illegal means? Apparently not because according to you, ends dont justify the means.

First of all, this was not a hack. If we call kernell a hacker, then your insulting all who actually know how to hack. Did he make an intrusion into someone else's private information? Yes, he did. Should he be convicted of a light charge? Possibly so, but 5 years and a quarter of a million fine? No, he just showed all the undecided voters how Palin treats government business. But his actions, regardless of how "heinous" they were, alerted a very big potential problem for Americans if McCain/Palin were elected. Would you want classified government files and documents transferred over a free email service with little to no protection like Yahoo? I certainly wouldn't. There is a reason why government officials have a secure email to conduct private and official business.

It irks me because you have a 1990s shrewd conception of the internet. Nobody calls it "cyber-space" anymore. You have no idea what a hacker is or does. So you should stop ranting on your blog about this "punk" (that seems to be your only consistent vocabulary) about things you have no idea about.

Uh, anonymous....

Well, let's take your rant one point at a time.

First of all,plenty of people still call it cyberspace. Many of them are in government. The feds call it cyberspace, and that makes it legit. Just because you have moved on does not mean everyone has. Do not demean those readers who have not.

Second, don't dare try to lecture me on information security terms. I know full well what a hacker is and does. My track record speaks directly to that. In another post, I draw the distinction between the old "hacker" and "cracker" and explain that the latter term has vanished from the popular lexicon.

I remember the days when hacking was an honorable pursuit and was done to try and warn people about their soft spots. That day has come and gone, my friend. There is no more honorable hacking unless you are an "ethical hacker" practicing that craft for a company that performs it for a fee to expose corporate or government vulnerabilities. People who hack outside of those margins are a nuisance at best, felons possibly, and terrorists in the worst case.

Your vitriol underscores your problem and you make my point: You are clearly against McCain/Palin, so you believe that the end justifies the means. You see nothing wrong in what this punk did. I am certain that if someone had done this to Obama, you would be calling for the hacker's head.

This is not about politics: It is about rulesets and securing cyberspace/Internet in order for more people to do more things free from worry. It is about putting miscreants and cyberfelons in their place, which is prison.

This punk (yes, he IS a punk in my book) is not a whistleblower, is not a hero, and is not worthy of any accolade. He is someone who has done these things before (check the clips), is emboldened to do them again, and was so cock-sure of his abilities that he posted someone else's emails all over the Internet for people to see. He has proved no point about government documents going out over Webmail accounts, has proved no point at all, other than he allegedly committed a federal crime and he is in a world of hurt.

And in order for others to obey the laws of this nation and resist the temptation to commit similar crimes, he must be made an example of.

So divest yourself of the political leanings you might have, and ask yourself: What if this had happened to Barack? Or your mother? I will bet your take becomes different. And that is what this is about. It is about people being free from worrying if some smarmy know-it-all is preparing to hack their email accounts, databases, or banking activities (yes, hack is the operative word, because hacking is synonomous with illegal entry into a computer, regardless of what was accessed).

If you side with this punk, then you've taken the wrong side both morally and legally. You have no high ground. Only quicksand.

Scott

A couple of observations: I

A couple of observations:

I think I missed something here. When did an indictment become the same thing as guilty? No trial, no conviction, but already a punk, a miscreant, already guilty, already in jail.

Not siding politically either way, it seems to me there were more vitriolic comments in your post than in that of Anonymous, and your political persuasion is as obvious as his/hers.

I would offer the following:
IF and When found guilty, he should get a punishment equal to the crime - no more, no less. The same as anyone else would get for the same crime. I do not now, nor would I ever support making an example of anyone. That is not justice.

And, yes, it is about politics. If it were my email that was broken into, it never would have made the Podunk Gazette.

If he's innocent....

If he is found innocent, then I agree to apologize on this site. If he's guilty, I expect everyone who is railing against me to apologize to me. And if he is indeed guilty, then he is also by my definition a perp.

That seems fair.

Scott

So much for courts?

I am truly disappointed that this discussion revolves around how much time Mr. Kernell should do. Am I the only one here who would like a jury to consider the question of guilt prior to sentencing?

A question of rulesets...

Of course you are right, Joyce, all this is academic until the trial. A look at the media coverage of the evidence, however, seems pretty cut and dried.

The issue is not Palin; substitute "Biden" and I would feel the exact same way. The issue is charging and punishing those who make the Internet/cyberspace an unsafe place. We must have rulesets to govern and protect those who use it innocently. Whether it be Palin or a housewife in Peoria, they deserve the same protections from smarmy punks who think it is their right to go anywhere and poke their noses into everything, just because they can.

We call these people "sociopaths" when they do it to conventional institutions. It is time to apply the same label here.

Scott

My Yahoo! account

Right on Scott! I sure hope nobody hacks into my Yahoo account before I delete our secret emails from the 2000 Florida election! Good job, by the way. Without you as a part of the Victory 2000 team in Florida, we never would have been able to keep Al out of the Whitehouse! Can you imagine the trouble this country would be in now if we had allowed all those votes to be counted?

Sorry, sir, you are mistaken....

In 2000, I was working on the Census 2000 project, universally praised in Florida by both parties, the NAACP and the media for its nonpartisan effort to count everyone, regardless of who they were. After that, I built the Florida Office of Information Security, the first state government enterprise-wide cybersecurity office in the nation.

So I was not involved in Victory 2000, sir. All you had to do was ask Jeb. I did tell Greta Van Susteren two days after the election that it would all come down to "chaff," what we called computer chads back in Miami in the 1980s. And I was right.

Scott