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hubie [soylentnews.org] writes:

Settlement comes more than 6 years after Gary DeMercurio and Justin Wynn's ordeal began [arstechnica.com]:

Two security professionals who were arrested in 2019 after performing an authorized security assessment of a county courthouse in Iowa will receive $600,000 to settle a lawsuit they brought alleging wrongful arrest and defamation.

The case was brought by Gary DeMercurio and Justin Wynn, two penetration testers who at the time were employed by Colorado-based security firm Coalfire Labs. The men had written authorization from the Iowa Judicial Branch to conduct "red-team" exercises, meaning attempted security breaches that mimic techniques used by criminal hackers or burglars.

The objective of such exercises is to test the resilience of existing defenses using the types of real-world attacks the defenses are designed to repel. The rules of engagement for this exercise explicitly permitted "physical attacks," including "lockpicking," against judicial branch buildings so long as they didn't cause significant damage.

The event galvanized security and law enforcement professionals. Despite the legitimacy of the work and the legal contract that authorized it, DeMercurio and Wynn were arrested on charges of felony third-degree burglary and spent 20 hours in jail, until they were released on $100,000 bail ($50,000 for each). The charges were later reduced to misdemeanor trespassing charges, but even then, Chad Leonard, sheriff of Dallas County, where the courthouse was located, continued to allege publicly that the men had acted illegally and should be prosecuted.

[...] DeMercurio and Wynn's engagement at the Dallas County Courthouse on September 11, 2019, had been routine. A little after midnight, after finding a side door to the courthouse unlocked, the men closed it and let it lock. They then slipped a makeshift tool through a crack in the door and tripped the locking mechanism. After gaining entry, the pentesters tripped an alarm alerting authorities.

Within minutes, deputies arrived and confronted the two intruders. DeMercurio and Wynn produced an authorization letter—known as a "get out of jail free card" in pen-testing circles. After a deputy called one or more of the state court officials listed in the letter and got confirmation it was legit, the deputies said they were satisfied the men were authorized to be in the building. DeMercurio and Wynn spent the next 10 or 20 minutes telling what their attorney in a court document called "war stories" to deputies who had asked about the type of work they do.

When Sheriff Leonard arrived, the tone suddenly changed. He said the Dallas County Courthouse was under his jurisdiction and he hadn't authorized any such intrusion. Leonard had the men arrested, and in the days and weeks to come, he made numerous remarks alleging the men violated the law. A couple months after the incident, he told me that surveillance video from that night showed "they were crouched down like turkeys peeking over the balcony" when deputies were responding. I published a much more detailed account of the event here. Eventually, all charges were dismissed.

DeMercurio and Wynn sued Dallas County and Leonard for false arrest, abuse of process, defamation, intentional infliction of emotional distress, and malicious prosecution. The case dragged on for years. Last Thursday, five days before a trial was scheduled to begin in the case, Dallas County officials agreed to pay $600,000 to settle the case.

Previously:
    • Iowa Prosecutors Drop Charges Against Men Hired to Test Their Security [soylentnews.org]
    • Coalfire Pen-Testers Charged With Trespass Instead of Burglary [soylentnews.org]
    • Iowa Officials Claim Confusion Over Scope Led to Arrest of Pen-Testers [soylentnews.org]
    • Authorised Pen-Testers Nabbed, Jailed in Iowa Courthouse Break-in Attempt [soylentnews.org]

Original Submission