Man Convicted of Hacking Despite Not Hacking

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Convicted of hacking without actually hacking anything?

Among other things, what the jury concluded was that he coaxed, sometimes through monetary payments, his former colleagues at Los Angeles-based executive search firm Korn/Ferry International to access the firm’s proprietary database and provide him with trade secrets to help him build a competing firm. Those associates cooperated with the government and were not charged.
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Must have had a good plan if the other guys got off. They are probably collecting unemployment though.


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What really is crazy in this twisted story is why in hell the DA or a Grand Jury, whoever it was that levied the charges, why didn't they use a traditional criminal charge instead of this BS application of this computer fraud law. It's plain that he did something wrong and his motive seems clear enough.

Sounds like they screwed up charging him with the wrong offense and now they are just trying to warp it to fit the crime instead of properly charging him.

And there is this thing about not being able to try a person twice for the same crime. That's is probably at the heart of it.
 
lcpiper said:
What really is crazy in this twisted story is why in hell the DA or a Grand Jury, whoever it was that levied the charges, why didn't they use a traditional criminal charge instead of this BS application of this computer fraud law. It's plain that he did something wrong and his motive seems clear enough.

Sounds like they screwed up charging him with the wrong offense and now they are just trying to warp it to fit the crime instead of properly charging him.

And there is this thing about not being able to try a person twice for the same crime. That's is probably at the heart of it.
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It's possible that it's intentional, and if they do manage to convict using this law, then the law they will have successfully broadened the range of how and what it can be used for.
 
Mitnick used actual OS exploits, even the exploitation of the transit system as a youth showed ingenuity and later ham radio and phone phreaking which did involve a lot of social engineering were actually hacking related. This is pure and simple social engineering as a con, not hacking. Has hacking gotten a bad name or what.
 
It's possible that it's intentional, and if they do manage to convict using this law, then the law they will have successfully broadened the range of how and what it can be used for.
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No, that's not enough to satisfy precedent. Eventually an appeal should free this jerk. I wouldn't want him to get away with being a criminal asshole, but I bet that is the only reason they keep upholding this conviction. They would rather keep him under any 8-ball, even if it's the wrong 8-ball, for as long as possible cause they know sooner or later the scumbag is getting off.

The dumbass that charged him under this law instead of normal charges like fraud, etc, should be fired.
 
lcpiper said:
No, that's not enough to satisfy precedent. Eventually an appeal should free this jerk. I wouldn't want him to get away with being a criminal asshole, but I bet that is the only reason they keep upholding this conviction. They would rather keep him under any 8-ball, even if it's the wrong 8-ball, for as long as possible cause they know sooner or later the scumbag is getting off.

The dumbass that charged him under this law instead of normal charges like fraud, etc, should be fired.
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Maybe, but if this doesn't stick, then the DA could still go back and charge him with a more traditional charge.
 
RangerXML said:
Mitnick used actual OS exploits, even the exploitation of the transit system as a youth showed ingenuity and later ham radio and phone phreaking which did involve a lot of social engineering were actually hacking related. This is pure and simple social engineering as a con, not hacking. Has hacking gotten a bad name or what.
Click to expand...

I don't even see this as social engineering, sounds like he asked for access or paid for access. Social engineering involves some kind of deception from the person performing it.

"Among other things, what the jury concluded was that he coaxed, sometimes through monetary payments, his former colleagues at Los Angeles-based executive search firm Korn/Ferry International to access the firm’s proprietary database and provide him with trade secrets to help him build a competing firm. "
 
Agreed, I guess I missed the monetary part and focused on the coaxing. I really don't see how hacking figures into this at all.
 
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