tag:blogger.com,1999:blog-21633793.post1976670555975464894..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Boston College CaseSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-21633793.post-10717619618972312812009-12-08T01:47:41.867-05:002009-12-08T01:47:41.867-05:00I really enjoyed reading this article.I really enjoyed reading this article.Term Papershttp://www.ghostpapers.comnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-58817232214212625342009-11-11T01:21:43.094-05:002009-11-11T01:21:43.094-05:00This is cool, I would love and a link back to your...This is cool, I would love and a link back to your Blog of course.Term Papershttp://www.flashpapers.comnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-78167233761057752192009-05-25T22:54:40.036-04:002009-05-25T22:54:40.036-04:00The opinion specifically rejects the theory that s...The opinion specifically rejects the theory that sending the email could have been a computer crime under Massachusetts law even if there were a terms of service prohibiting such a transmission.<br /><br />"The Commonwealth argues that the affidavit establishes probable cause to believe that Calixte was involved in three sorts of criminal activity: he allegedly sent the two false emails; downloaded illegal files; and gained unauthorized access to the BC grading system. The first two types of alleged criminal conduct do not require substantial discussion. As the judge observed, the sending of emails from public email services does not seem to constitute the crimes of obtaining computer services by fraud or misrepresentation, or unauthorized access to a computer system. The Commonwealth's claim that such an email might be unlawful because it violates a hypothetical internet use police maintained by BC both goes well beyond the reasonable inferences that may be drawn from the affidavit, and would dramatically expand the appropriate scope of G.L. c. 266 sec. 120F."Jennifer Granickhttp://www.eff.orgnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-19339421052360279102009-05-25T16:33:50.684-04:002009-05-25T16:33:50.684-04:00I'm surprised, too, which is why I didn't post muc...I'm surprised, too, which is why I didn't post much about the ruling quashing the search warrant.<br /><br />The judge's decision is available on the EFF site, via the link I posted earlier.<br /><br />The judge essentially quashed the warrant for three reasons: One is that the officer who obtained the warrant, Detective Christopher, did not provide the magistrate with evidence showing the informant he relied on was a reliable source. As I noted in my post, when an officer uses information from a third party to get a warrant, he has to show that that person is credible and his information is reliable. This judge found, correctly, I think, that Christopher had not done this with regard to this informant. If an officer doesn't show the person is credible and reliable, then that information can't be used to get a warrant.<br /><br />Another reason was that it was on January 28 that the informant (Bennefield) told Christopher Calixte was hacking into the grading system BC professors used to change student grades. One of hte requirements for evidence used to establish probable cause is that it not be stale, i.e, not be too old to be relevant. The judge noted that Christopher didn't seek the search warrant "until March 20 2009, two months later, and the affidavit does not reveal any effort to verify or follow up on any of the complaints, even by asking Bennefield for further details."<br /><br />Finally, the judge found there was "a significant issue about the sufficiency of hte nexus between" the places to be searched -- Calixte's computer and other deices -- and "evidence relating to this unauthorized access charge." The judge noted that on January 28 Bennefield said he'd seen Calixte hack the system but Bennefield didn't say where he was when he saw that or what computer Calixte (allegedly) used to do this. The judge found, again correctly in my view, that this did not create probable cause to believe evidence of the crime of unauthorized access into the BC computer system would be found on Calixte's laptop.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-38119455558007953682009-05-25T16:06:04.688-04:002009-05-25T16:06:04.688-04:00Susan, no analysis or comment on the outcome? Just...Susan, no analysis or comment on the outcome? Just one sentence tagged-on as a comment, that probably no one will see. I'm also surprised that virtually no news outlets have written about the outcome, given the coverage the case received earlier.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-37182377436104590552009-05-23T12:27:49.899-04:002009-05-23T12:27:49.899-04:00As you maybe have seen, the judge in the case rece...As you maybe have seen, the judge in the case recently held there was no probable cause for the search, and so ordered everything the police seized to be returned to its owner:<br /><br />http://www.eff.org/press/archives/2009/05/22Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-59210385261360042592009-04-26T13:23:00.000-04:002009-04-26T13:23:00.000-04:00Boring.. Nothing will come of this.. Their is no c...Boring.. Nothing will come of this.. Their is no case from what I can see.. Hence why the EFF is helpin out..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-60870286394521465892009-04-24T06:50:00.000-04:002009-04-24T06:50:00.000-04:001. No, it wouldn't make my head spin. I'm quite a...1. No, it wouldn't make my head spin. I'm quite aware of how easy it is to violate TOS, have written on it, including on this blog. If you'll do some research, you'll find out that violating TOS can be prosecuted as exceeding authorized access and, in some instances, as unauthorized access. For one example of that theory, check out the federal indictment in the Lori Drew, Megan Meier suicide case in LA. <br /><br />2. Goes to evidence, i.e., whether the government can prove its case, not to whether something is a crime.<br /><br />3. Ditto (and I never said there was).<br /><br />4. Ditto.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-3422008839733456342009-04-24T06:40:00.000-04:002009-04-24T06:40:00.000-04:001. violating the ToS of a computer system is not a...1. violating the ToS of a computer system is not a crime. And if it were it would exploited in so many different directions it'd make your little head spin.<br /><br />2. Once again, there is *NO* way to know with *ANY* degree of absolute certainty, or even reasonable certainty that posts, e-mails, etc are coming from the source depicted within log data.<br /><br />3. There is just as much evidence "proving" that Calixte's roomate used Calixte's computer to send the messages out and even to implant data on his computer in an effort to set him up and frame him.<br /><br />4. Simply put...there is no evidence. PERIOD!Onideushttps://www.blogger.com/profile/07681624377148223647noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-85649417277650891162009-04-24T06:29:00.000-04:002009-04-24T06:29:00.000-04:00I didn't, and wouldn't say it's a crime to say som...I didn't, and wouldn't say it's a crime to say someone is gay . . . because it's not, it should not be and it cannot be under the First Amendment.<br /><br />My point is that the state MAY have an argument that sending the email was a crime because Calixte MAY have violated the terms of use of the system. If so, that could possibly give rise to charges for unauthorized access, etc.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-46104178017614296772009-04-24T03:20:00.000-04:002009-04-24T03:20:00.000-04:00Oh, btw, I decided to do a blog entry on you:
http...Oh, btw, I decided to do a blog entry on you:<br />http://onideus.blogspot.com/2009/04/susan-brenner-says-its-crime-to-claim.html<br /><br />^__^Onideushttps://www.blogger.com/profile/07681624377148223647noreply@blogger.com