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Russia Today America reports:
A 14-year-old middle school student is facing felony computer hacking charges after he admitted to accessing a teacher's computer during class without permission. If that wasn't bad enough, he then displayed an image of two men kissing.
Domanik Green, an eighth grader at Paul R. Smith Middle School in Holiday, Florida, was arrested on Wednesday and charged with an offense against a computer system and unauthorized access: a third-degree felony under Florida state law.
[...] The school had distributed a single password for all teachers to use, approximately two years ago. One educator had shared it with a student, who soon let his classmates in on the secret.
The Tampa Bay Times notes:
Green, interviewed at home, said students would often log into the administrative account to screen-share with their friends. They'd use the school computers' cameras to see each other, he said.
Green had previously received a three-day suspension for accessing the system inappropriately. Other students also got in trouble at the time, he said. It was a well-known trick, Green said, because the password was easy to remember: a teacher's last name. He said he discovered it by watching the teacher type it in.
(Score: 2, Insightful) by Anonymous Coward on Monday April 13 2015, @09:13AM
If you read the article, this boy will likely receive pretrial intervention, which is the juvenile court version of a traffic ticket. You pay a couple hundred bucks, and they dismiss the charges. You have to make restitution (I guess they make him change the screensaver back) and usually do some community service. No time in juvie hall and since the charges are dismissed, there is no criminal record, not even a juvenile one. In some states you can even get the arrest record removed.
That still doesn't change the fact that this should never have gone to the criminal justice system in the first place; but it's not as if he's going to spend the next five years in jail. A day or two of detention seems like the right punishment for this.
And he's already got his college essay topic. If he wants, he could end up with a future as a civil rights lawyer.
(Score: 2) by q.kontinuum on Monday April 13 2015, @09:28AM
If there is any justice, he should be able to decut those bucks from his consultant-fee to the school for security-reviewing their setup, or - if there is no such fee because there was no contract - the school should voluntarily pay to reward the vast boost on the average IQ on that school this boy seems to provide.
Registered IRC nick on chat.soylentnews.org: qkontinuum
(Score: 2, Insightful) by Anonymous Coward on Monday April 13 2015, @09:44AM
Justice? In America? You must be delusional.
(Score: 2) by q.kontinuum on Monday April 13 2015, @01:21PM
I'm not sure anymore it would play out better in Germany... (at least compared to the likely outcome in this case, where the boy will probably only pay a penalty < 1000$)
Registered IRC nick on chat.soylentnews.org: qkontinuum
(Score: 0) by Anonymous Coward on Monday April 13 2015, @09:39AM
That still doesn't change the fact that this should never have gone to the criminal justice system in the first place
It's his second offense of unauthorized access of this system. At what point does it become worthy of criminal charges?
- Should it be a felony? No.
- Should the school implement even basic security? Yes.
- Should he know better? Yes.
- Should he stay out of any computer system that he does not have permission to use? Yes.
- At 14 shouldn't he know right from wrong with regards to this type of behavior, especially since this is his second offense? Absolutely.
- Did he violate the terms of his first offense? Probably.
- Did he intentionally violate the law? Yes.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @09:42AM
It's worthy of criminal charges when there is intent to cause damage, and not before. The number of previous offenses is not relevant except perhaps that it might increase his in-school, non-criminal punishment. Of course he should not be doing this, but the reality is that most kids do this sort of thing and it is absolutely not criminal.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @10:38AM
Except you've now traded one ambiguity for a different ambiguity.
At what point does "intent to cause damage" occur, where is that boundary line.
To a computer knowledgeable individual, changing the screen saver picture is not "causing damage" because it is trivial to change it back.
To someone lacking even basic computer skills [1] the changing of the screen saver picture was a huge amount of damage, because now their system is all messed up and they don't know how to undo any of it (or it will take them hours to figure out how to fix).
Same action - two very different viewpoints upon whether it is "damage". Who's viewpoint gets to be the 'cutoff' for legally flipping between the two outcomes?
[1] which would fit these teachers and this IT department, because had the teachers had even basic computer skills they themselves would have known their last names were not secure passwords, and had the IT department had even basic computer skills, they would never have handed out systems programmed with the teachers last names as passwords.
(Score: 1, Insightful) by Anonymous Coward on Monday April 13 2015, @10:52AM
Establishing criminal intent is a long-standing task faced by juries in trials. It marks the difference between murder and manslaughter, between arson and negligence, or between felony and misdemeanor drug possession. It is in no way an unusual or difficult problem. In fact, one of the biggest problems with these sorts of computer crime laws is that they do NOT have any requirement for intent, making large classes of harmless computer activity into felonies.
This action is about as damaging as sneaking into the classroom and turning the desks upside down, and should be treated the same, strawmen about "what if the poor helpless teacher has never seen a computer before" notwithstanding.
(Score: 1, Insightful) by Anonymous Coward on Monday April 13 2015, @11:32AM
Personally, I would go with the viewpoint of the person that *isn't* a moron. But that's just me.
(Score: 2) by Joe Desertrat on Tuesday April 14 2015, @02:12AM
To someone lacking even basic computer skills [1] the changing of the screen saver picture was a huge amount of damage, because now their system is all messed up and they don't know how to undo any of it (or it will take them hours to figure out how to fix).
In my mind, such a person should not be teaching a class, especially since their job requires use of a computer. Anyone with any curiosity would have figured that out long ago. The teacher should have just changed it back without any acknowledgement, thus deflating the kid's perceived value of his prank. He could have done a whole lot worse. I also wonder if they are still using the same password.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @05:24PM
t's worthy of criminal charges when there is intent to cause damage, and not before.
Trespassing has nothing to do with causing damage, and yet it is still against the law. This is "computer trespass".
Considering the atrocious security the school is practicing, who knows what type of PII may be accessible via the system he accessed? They may have everything in one big pile of data. If that system had any health related information about any students, teachers or staff (even if it's just allergies) it violates HIPPA (which is bad for the school, and possibly even worse for the student charged in this matter).
(Score: 0) by Anonymous Coward on Tuesday April 14 2015, @09:55PM
Trespassing on a computer shouldn't result in an unjust level of punishment. In fact, I'd say the school should've dealt out the punishment in this case. The way they handled this is horrible.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @09:56AM
He intentionally violated the rules given to him by the school. But did he actually know that he was violating a law that way? Because that would be necessary for him to intentionally violate it.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @05:18PM
It's a pretty safe bet that he (and his parents) were informed that it was against the law the first time he was caught doing it.
(Score: 0) by Anonymous Coward on Tuesday April 14 2015, @04:04AM
Ignorance of the law is no excuse (unless you're a cop, then you can break any law you want with impunity, and "ignorance" is a legitimate defense).
(Score: 0) by Anonymous Coward on Monday April 13 2015, @10:48AM
Most teenagers are not equipped to realize the consequences of their actions: http://www.npr.org/templates/story/story.php?storyId=124119468 [npr.org]
http://www.nimh.nih.gov/health/publications/the-teen-brain-still-under-construction/index.shtml [nih.gov]
Even adults have problems with such stuff, but at least there's scientific data to show that expecting 14 year olds to be liable and responsible just like adults are is like expecting a 3 month old baby to not soil his/her diapers.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @05:26PM
He should be aware of the consequences considering this is his 2nd offense with regards to the same computer system.
(Score: 2) by GreatAuntAnesthesia on Monday April 13 2015, @07:34PM
You completely failed to read or understand the post you replied to. Please try again.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @08:03PM
Looks to me like GP read GGP's post; he just disagreed. And comparing a 14 y/o with a 3 m/o is simply bullshit. Enough bullshit as to diminish any credidibily the rest of that post may have had to offer.
If you and GGP think a 14 y/o and his parents are incapable of understanding "what you did was very bad, and the next time you do it you will be charged with a crime" then you two need to "please try again".
I'm not saying this kid should be charged with a felony, or even prosecuted for a misdemeanor, but to say "a 14 y/o kid is incapable of understanding a previous warning that also resulted in a suspension" is just making excuses for him.
(Score: 2) by GreatAuntAnesthesia on Tuesday April 14 2015, @10:48PM
the post included a link to scientific research that demonstrates that teenage kids have not yet developed the wetware to properly grasp the consequences of their actions. Where's the citation for your assertions?
(Score: 1, Interesting) by Anonymous Coward on Wednesday April 15 2015, @06:29AM
Maybe the other AC doesn't have a well connected/developed enough brain to get the point ;)
Yes teenagers can understand some consequences, but not as well. And often at the spur of the moment - the perceived fun overrides/drowns out all other consequences.
Happens to adults too but for practical reasons we have to draw the line somewhere.
However I do find it weird that in many/most countries there are many lines - "legal adult", age of consent, drinking, driving, military enlistment and voting ages are different ;).
Might be good to have more of the ages the same and have some fancy ceremony where the kids are told they are now an adult (esp the young guys - you are now a man, congratulations, behave like one). Seems to work for tribes.
Maybe the rite of passage would be to walk down an aisle full of tempting/cool stuff (and maybe hot guys/girls) and make it to the end without taking, destroying, or even touching anything, except maybe picking up any litter on the floor, keeping it and putting it in the garbage can at the end.
If you can't do it, you're not legally an adult - you don't get the responsibilities/liabilities, but you don't get the privileges either (adults fucking you will be charged for rape ;) ).
(Score: 0) by Anonymous Coward on Tuesday April 14 2015, @09:57PM
Even adults have problems with such stuff
Most adults, in fact. The difference between the two is so minor it's almost nonexistent. Most people in general are no equipped to realize the consequences of their actions.
(Score: 5, Insightful) by sjames on Monday April 13 2015, @09:49AM
Not as bad as it could be, but a far cry from what should have happened. In a sane world, the police should have chewed out the incompetent moron that can't deal with a juvenile prank in a school without calling law enforcement. The couple hundred bucks should be deducted from his paycheck. Call it a fine for failing to behave like a responsible adult while pretending to be an educator.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @05:07PM
yes but these police depts are in on all this cowardly tyranny in towns all around the country, while the chicken shit parents either support it all through stupidity or go along with it from selfishness/cowardice.
(Score: 0) by Anonymous Coward on Monday April 13 2015, @10:18PM
I don't see where the school changed the password after the first episode. Had they done so, there would probably not have been a second episode.
That doesn't even rise to the level of IT - just basic DUH security.