Submitted via IRC for SoyCow3997
Two security contractors were arrested in Adel, Iowa on September 11 as they attempted to gain access to the Dallas County Courthouse. The two are employees of Coalfire—a "cybersecurity advisor" firm based in Westminster, Colorado that frequently does security assessments for federal agencies, state and local governments, and corporate clients. They claimed to be conducting a penetration test to determine how vulnerable county court records were and to measure law enforcement's response to a break-in.
Unfortunately, the Iowa state court officials who ordered the test never told county officials about it—and evidently no one anticipated that a physical break-in would be part of the test. For now, the penetration testers remain in jail. In a statement issued yesterday, state officials apologized to Dallas County, citing confusion over just what Coalfire was going to test:
"The scope is everything," Roseblatt explained. If the scope is only vaguely defined, "you could find yourself exposed to legal liability."
Coalfire's Justin Wynn and Gary Demercurio, who are still in jail [Update: They appear to have made bail on Thursday], have been charged with third-degree burglary and possession of burglary tools. Their bond has been set at $50,000, and they are scheduled to appear for a preliminary hearing on September 23—in the same courthouse they were caught breaking into.
(Score: 2) by NotSanguine on Tuesday September 17 2019, @10:16PM (5 children)
IANAL either. However, i do know that some laws have "strict liability" [wikipedia.org] which does not require mens rea to be proven.
The laws in question:
Burglary in the Third Degree [iowa.gov] [PDF]
Possession of Burglar's Tools [iowa.gov] [PDF]
do not state whether strict liability is in play for these offenses. Which probably means it is not. Then again, IANAL. YMMV.
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 4, Informative) by sjames on Tuesday September 17 2019, @11:24PM (4 children)
The possession of Burglar's tools explicitly states with the intent to use it in the perpetration of a burglary. They can't make it strict liability without outlawing hammers, screw drivers, tire irons, and other common tools.
Iowa defines Burglary as:>/p>
Since Burglary in the 3rd degree incorporates that definition by reference, it too hinges on the intent.
(Score: 3, Insightful) by mhajicek on Wednesday September 18 2019, @12:35AM (3 children)
So what they're really banning is intent to burglarize.
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 2) by sjames on Wednesday September 18 2019, @12:49AM
Exactly..
(Score: 2) by DeathMonkey on Wednesday September 18 2019, @05:42PM (1 child)
Means (tools), motive (intent) and opportunity. [ipfs.io]
(Score: 2) by mhajicek on Wednesday September 18 2019, @09:24PM
And yet having the means, motive, and opportunity does not ensure that one will commit the crime.
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek