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ExtraTorrent.cc > Articles > Hacker Trying to Over turn Conviction

Hacker Trying to Over turn Conviction

Hacker Trying to Over turn Conviction

Added: Thursday, March 27th, 2014
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2013, www.extratorrent.cc
Andrew “Weev”Auernheimer is currently serving a 41-month prison sentence, and his lawyers are going to appear in a US court in attempt to overturn a conviction representing serious repercussions for online freedom.

Andrew-Auernheimer-011.jpg

Andrew Auernheimer, a self-confessed online troll and hacker, was found guilty 17 months ago of identity theft and conspiracy to obtain illegal access to AT&T public servers, after he got email addresses of iPad owners. Andrew shared his findings with Gawker, and the latter published them in redacted form. The hacker was charged with a felony under the Computer Fraud and Abuse Act.

Now his lawyers claim that his conviction is flawed and threatens civil liberties on the Internet. They are going to argue that his actions didn’t constitute a misdemeanor, let alone a felony, as he simply accessed a public server, which doesn’t equal to“illegal access”.

In response, the government claims that the hacker’s actions were illegal under the CFAA, as AT&T didn’t want him to have the addresses, even though they were available on its public website. Andrew’s lawyers insist that it is not a crime to visit a public website.

The EFF agrees that Auernheimer’s case was an example of a prosecution aimed at a person, not a crime. Since the CFAA calls it a crime to obtain data from a PC "without authorization", a term that hasn’t been defined in law, the case sets a dangerous precedent. The EFF referred to a case of Isaac Wolf, a journalist threatened with legal action under the CFAA in 2013. He was researching a story on TerraCom, a company providing federally subsidized phone services to people on low incomes, and once ran into social security numbers and other sensitive data while doing a basic Google search. When he revealed that the company had actually left its customers at risk of identity theft, TerraCom called him a hacker and threatened to sue.

Andrew Auernheimer’s appeal will be watched by security researchers and privacy experts. Industry observers admit that the conviction, if not overturned, will have a detrimental effect on security. The problem is that the data the “hacker” helped to access was made available by AT&T to everyone and access was gained via standard protocols used by every user.

A number of third parties, including computer scientists, security researchers and Internet freedom advocates have already filed amicus brief and asked the appeals court to overturn Andrew’s conviction. The list includes the Mozilla Foundation, which argues there are similarities between research tools used by experts to benefit privacy and security and those used by Andrew.

In addition, Andrew’s lawyers argue that the case was improperly brought in New Jersey, because no machine was accessed nor data obtained in New Jersey. Besides, the largest part of Auernheimer’s sentence, due to an alleged $73,000 loss to AT&T, was wrong because the losses weren’t connected with computer costs.

Auernheimer, who is serving his sentence in Pennsylvania, wasn’t allowed to attend the hearing.


By:
SaM
March 27th,2014

Posted by: 
SaM

Date:  Thursday, March 27th, 2014



Comments (12) (please add your comment »)

1
posted by (2014-03-27 15:35:16)
No avatargood job bro keep calm

2
posted by (2014-03-27 17:27:27)
No avatarhi Please please join and share this page, we want to unite pirates and form a fund to fight legal issues for our rights!


3
posted by (2014-03-27 22:32:14)
Dominatez avatarIf you can't do the time. DON'T DO THE CRIME..

I'm sick of these so called hacker pussies who cry like little bitches when they get caught. You know what happens if you hack. You know the consequences. So stop crying and man up. Take a leaf from Barret Brown's book.

And fight for your rights ? What rights ? The right to steal from people ? Yeah. That's a great right. I know i am here and some people could call that "hypocrisy". Not so. I am not asking for any special favours. I know the risks. I know what happens if i get caught. I am under no illusion.

4
posted by Blocked (2014-03-28 03:03:10)
majordik avatarBS. This whiner used an exploit, what is an exploit? Yep a hack. The whiner complains about dial up modems he uses doesn't work. Instead of a dial up modem nowadays is the IP address.
So instead of sending a hard copy letter to AT&T he instead goes to a "writer" and it is published.
The thing is he messed with a telecom Co. and that you don't do.
I watched a couple of his "interviews" and all he dose is rationalize he did no wrong.
The guy is the typical generation of today; no morals, no idea what right or wrong really is nor do they even know their rights.
as @3 says I also know the risks as well being here.

5
posted by (2014-03-28 11:09:57)
tobeannounced avatari believe they should overturn his case and let him go on the simple fact that the information he obtained from them was free public access and it shows that the big bad company screwed up and he simply pointed out the truth. If they went after him 4 messn up their servers, they mite have something. But they didnt and they are tryn to punish him for piontng out thier lunacy. They are just being a big bully cause they have the money 2.

6
posted by (2014-03-28 11:17:03)
tobeannounced avatarthey dont mind 2 sell ur info and not give u a cut of it which should be illegal! So who is the real criminal here, not andrew!

7
posted by (2014-03-28 18:18:09)
No avatarYou could break a guy's jaw and not do as much time as these guys who are accessing public data.
god bless Amurrrica and its "legal" system.

8
posted by (2014-03-28 22:31:17)
jumbo71 avatarif its ok for the nsa to look at peoples emails and their online activities im ok with hackers nicking stuff from authorities ...simple

9
posted by (2014-03-30 06:01:03)
No avatarmajordik I just couldn't help myself man, I had to say something so I signed up with Extra torrent. You clearly are not educated because your comment barely made any sense. You are highly confused with respect to using past, present, and future tenses. As a matter of fact, not only are you grammatically challenged, I would say that you have a tenuous grasp on the English language in general. I have my weaknesses, for example, I have a mild case of OCD; for that reason mainly, it drove me nuts reading your post. The following is what you posted; BS. This whiner used an exploit, what is an exploit? Yep a hack. The whiner complains about dial up modems he uses doesn't work. Instead of a dial up modem nowadays is the IP address.
So instead of sending a hard copy letter to AT&T he instead goes to a "writer" and it is published.
The thing is he messed with a telecom Co. and that you don't do.
I watched a couple of his "interviews" and all he dose -does- is rationalize -his actions and claim that- he did no wrong.
The guy is -clearly a part of- the typical generation of today; no morals, no idea -of- what right or wrong really is-,- nor do they even know their rights. Nor do they even know their rights - big question mark- wow, that last sentence really shows how slow you are; your talking about one guy idiot, who is they and why use the word their when you are referring to a single individual. An appropriate structure of that sentence should have been the following - nor is probably even aware of his rights.-
as @3 says I also know the risks as well being here. WOW MAN YOU ARE SLOW, HOW DOES SOMEONE SPELL THE WORD 'DOES,' DOSE. My keyboard is messed up so I am not able to use the key shift therefore I can't use question marks, fyi. I am going to add in words and make some changes in your post by entering in words and changing the grammar using commas because I can't use shift to put in parenthesis and hyphens. You know what man, forget it. I cant frekin even show you because my keyboard is a piece of crap and is malfunctioning on me. Please man, do yourself a favor and take a basic English course man, read a damn book or dictionary because damn, you obviously do not understand what words like rationalize mean the way you were using it and for the love of god the word does is not spelled dose. How in the world are you a hacker, hackers are smart, you my friend are not. Instead of focusing on dude who got caught and talking shit about him and what he represents, focus on yourself man, because you are slow. I could not help myself people I am sorry that I had to go out of my way and post this bullshit but reading that guys post was driving me absolutely insane. Unless he is 7 freekin' years old there is not excuse for such a gross lack of articulation and basic grammar, spelling, as well as common sense. Please go back to school dude.

10
posted by Kitty (2014-03-30 06:30:39)
Crash1 avatarThe MAJOR issue here is summed up in two sentences from the article.
'conspiracy to obtain illegal access to AT&T public servers' (note ... PUBLIC SERVERS)
'Since the CFAA calls it a crime to obtain data from a PC "without authorization"'

Using these definitions means EVERY INTERNET USER is AUTOMATICALLY guilty, since they haven't received 'Authorization' to view data. According to the CFAA, you'd have to get PERMISSION to access a PUBLIC website, making EVERYBODY a criminal. These a55holes need to be taken out and kneecapped!

OH, and for that Major DICK moron, an EXPLOIT is NOT a hack, it's using something in a way not anticipated by the web designers (like being able to access something by FTP that isn't available by HTTP), or using something they know about but keep secret (Like a backdoor).

11
posted by Site FriendET loverSuperman (2014-03-30 17:30:30)
Embolism avatarSince most of what the MAN does not want us to see,Use or Publish is illegal in one way or another there are many such cases and in overly litigious countries like the USA even a misdemeanour can get some heavy jail time,maybe there is a case for a precedent to be established here but what is more needed is a clear legal classification of what punishment can be expected for internet abuse cases since I have seen some absurd cases whereby for copying or downloading 1 or 2 files people have gotten sentences equivalent to attempted murder or manslaughter and such penalties just do not fit the crime.

12
posted by Blocked (2014-04-01 02:48:02)
No avatargood job



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