Tennessee Man Indicted in Hacking of Palin's E-Mail Account

[CrimsonWhite]

A Democratic state representative's son has been indicted by a federal grand jury in Tennessee for intentionally hacking into Alaska Gov. Sarah Palin's personal e-mail account.

David C. Kernell, 20, was charged with one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account. Kernell, an economics student at the University of Tennessee, is the son of state Rep. Michael Kernell of Memphis.

According to the Justice Department, Kernell turned himself in to authorities.

He plead not guilty in federal court in Knoxville, Tenn., on Wednesday.

He was released without posting bond, but the court imposed several conditions. Kernell is not allowed to own a computer and can only use the Internet to check e-mail and do class work.

Tennessee Man Indicted in Hacking of Palin's E-Mail Account - FOXNews.com Elections

 

[CrimsonWhite]

The indictment:

http://www.foxnews.com/projects/pdf/Indictment.pdf

 

[kane3o1]

What's the maximum penalty for a crime such as this?

 

[CrimsonWhite]

What's the maximum penalty for a crime such as this?

Up to five years per count. This kid will probably get probation. The crime wasn't malicious in nature. I bet this kid will never see the inside of a prison.

 

[Ravi]

What an odd thing to be charged with...is one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account actually listed as a crime?

 

[WillowTree]

What an odd thing to be charged with...is one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account actually listed as a crime?

lol would it be a crime if it were the Democratic VP nominee? What a hack you are. Speaking of hacking, yes, I think that is a crime.

 

[del]

What an odd thing to be charged with...is one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account actually listed as a crime?

no

 

[Ravi]

lol would it be a crime if it were the Democratic VP nominee? What a hack you are. Speaking of hacking, yes, I think that is a crime.

As far as I can see, he wasn't charged with hacking. Do you know what he was charged with? Perhaps you do not care.

 

[Andrew2382]

What an odd thing to be charged with...is one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account actually listed as a crime?

Good question, let me hack into your personal e-mail account and post shit all over the net....let's see if you get upset.

If Obama e-mail got hacked people woul dbe screaming for this guy to be killed

 

[Ravi]

no

Prolly just more sloppy journalism, really.

Like I've stated before, I think the kid should pay for his crime. I'm just curious to know what his crime is, exactly.

 

[CrimsonWhite]

What an odd thing to be charged with...is one count of breaking into the Republican vice presidential nominee's personal Yahoo e-mail account actually listed as a crime?

18 U.S.C. Section 2701 and 18 U.S.C. Section 1030(a)(2)

"Accessing a protected computer by means of an interstate communiction and thereby obtained information, and did aid and abet in same."

From the indictment.

 

[Andrew2382]

He was charges...it would be nice if you read the indictment



§ 2701. Unlawful access to stored communications
How Current is This? (a) Offense.— Except as provided in subsection (c) of this section whoever—
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.
(b) Punishment.— The punishment for an offense under subsection (a) of this section is—
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State—
(A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
(B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and
(2) in any other case—
(A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section.
(c) Exceptions.— Subsection (a) of this section does not apply with respect to conduct authorized—
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in section 2703, 2704 or 2518 of this title. Search this title:




Notes
No Update(s)
Parallel authorities (CFR)
PDF (2 pages)

Title 18 RSS
Donations pay only 20% of our costs.

Prev | Next


US CODE: Title 18,1030. Fraud and related activity in connection with computers
1030. Fraud and related activity in connection with computers
How Current is This? (a) Whoever—
(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—
(A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602 (n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(B) information from any department or agency of the United States; or
(C) information from any protected computer if the conduct involved an interstate or foreign communication;
(3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;
(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;
(5)
(A)
(i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
(iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and
(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—
(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
(iii) physical injury to any person;
(iv) a threat to public health or safety; or
(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;
(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if—
(A) such trafficking affects interstate or foreign commerce; or
(B) such computer is used by or for the Government of the United States; [1]
(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;
shall be punished as provided in subsection (c) of this section.
(b) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
(c) The punishment for an offense under subsection (a) or (b) of this section is—
(1)
(A) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
(B) a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(2)
(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), or an attempt to commit an offense punishable under this subparagraph, if—
(i) the offense was committed for purposes of commercial advantage or private financial gain;
(ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or
(iii) the value of the information obtained exceeds $5,000; and
(C) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(3)
(A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(4)
(A) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection;
(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection;
(C) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section; and
(5)
(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; and
(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.
(d)
(1) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.
(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014 (y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056 (a) of this title.
(3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
(e) As used in this section—
(1) the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;
(2) the term “protected computer” means a computer—
(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;
(3) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;
(4) the term “financial institution” means—
(A) an institution, with deposits insured by the Federal Deposit Insurance Corporation;
(B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;
(C) a credit union with accounts insured by the National Credit Union Administration;
(D) a member of the Federal home loan bank system and any home loan bank;
(E) any institution of the Farm Credit System under the Farm Credit Act of 1971;
(F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;
(G) the Securities Investor Protection Corporation;
(H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and
(I) an organization operating under section 25 or section 25(a) [2] of the Federal Reserve Act;
(5) the term “financial record” means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution;
(6) the term “exceeds authorized access” means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;
(7) the term “department of the United States” means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5;
(8) the term “damage” means any impairment to the integrity or availability of data, a program, a system, or information;
(9) the term “government entity” includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;
(10) the term “conviction” shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;
(11) the term “loss” means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and
(12) the term “person” means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.
(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.
(g) Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.
(h) The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under subsection (a)(5).

--------------------------------------------------------------------------------

[1] So in original. Probably should be followed by “or”.

[2] See References in Text note below.

 

[Ravi]

18 U.S.C. Section 2701 and 18 U.S.C. Section 1030(a)(2)

"Accessing a protected computer by means of an interstate communiction and thereby obtained information, and did aid and abet in same."

From the indictment.

Then I think he'll walk. He didn't access a protected computer. He accessed a yahoo account out on the greater internet tubes.

My yahoo account isn't on my computer.

 

[Andrew2382]

I can see you are not an attorney

 

[CrimsonWhite]

Then I think he'll walk. He didn't access a protected computer. He accessed a yahoo account out on the greater internet tubes.

My yahoo account isn't on my computer.

No, but it is on a computer. It is stored on one Yahoo's many servers. This kid won't walk, but he'll get a slap on the wrist.

 

[Andrew2382]

yeah, he won't go to jail, he will pay a fine with some probabtion and community service...the only way Jail woul dhave been involved I think is if there were national securitiy information on that account.

 

[CrimsonWhite]

yeah, he won't go to jail, he will pay a fine with some probabtion and community service...the only way Jail woul dhave been involved I think is if there were national securitiy information on that account.

That and if the intent had been to harm Gov. Palin and her family. But, it wasn't.

 

[Ravi]

No, but it is on a computer. It is stored on one Yahoo's many servers.

Ahhh....good point.

 

[Stoner]

I'm more interested in that he's the son of a liberal state representative.

Coincidence?

 

[WillowTree]

I can see you are not an attorney

sounded like hacking to me,