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New Charges Brought Against Sarah Palin's Hacker

by - source: Tom's Hardware US

During the presidential race in 2008, someone hacked into Sarah Palin’s personal email account and posted the contents online for the world to see. Whether or not it was “real hacking” is heavily debated (he used the forgotten password link and found the answer to her secret question on Wikipedia) but the FBI still had a huge problem with it. The Tennessee student was yesterday charged with a couple of new offenses: fraud and obstruction-of-justice.

ComputerWorld today reports that David Kernell, son of Mike Kernell, a Democratic state representative from Memphis, was arraigned five months after a federal grand jury first handed down charges against him. According to CW, he had been facing just one count of illegally accessing a protected computer, but prosecutors are now accusing him of three counts of computer fraud. Yikes.

Kernell pleaded not guilty to the charges; and when contacted by ComputerWorld last year, Gabriel Ramuglia (who runs Ctunnel the proxy site that the screenshots showed the attacker used) said he had identified the IP address and approximate location of whomever was responsible for the hack. He also said that it was not consistent with media reports. Interesting, no? Kernell’s trial is set for October 27. Plenty of time for the kid to sweat it out over summer.

Check out the full scoop on ComputerWorld.

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Anonymous 03/10/2009 7:01 PM
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Throw the book at him. I don't care who you voted for - you should be outraged when someone tries to disrupt the political process by sabotaging candidates.

techtre2003 03/10/2009 7:11 PM
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If he were smart about the whole thing, he should have kept quiet about it and sold the information to one of Obama's goons. He is after all a Chicago politician right? (I can say that I'm from Illinois) :)

SAL-e 03/10/2009 7:14 PM
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argyle1 :
Throw the book at him. I don't care who you voted for - you should be outraged when someone tries to disrupt the political process by sabotaging candidates.



How about if someone disrupt your life? Thousands of people get hacked their credit destroyed and the police say that they can not do anything about it. But If you are big cheese from Washington and have ‘free’ prosecutor on staff, the whole system jumps.
This case is the biggest BS ever.

thedipper 03/10/2009 7:15 PM
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ispyamoose 03/10/2009 7:20 PM
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And this is why you do not use free email services for anything business related.

norbs 03/10/2009 7:51 PM
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grieve 03/10/2009 8:32 PM
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SAL-e :
How about if someone disrupt your life? Thousands of people get hacked their credit destroyed and the police say that they can not do anything about it. But If you are big cheese from Washington and have ‘free’ prosecutor on staff, the whole system jumps. This case is the biggest BS ever.


Politic hijacking aside for the moment…

I think you have a valid point, I often complain about this type of thing. To get any justice you need to be in the public eye…

Everyday people get hacked, identities stolen, murdered, raped…far worse then what happened to Palin, but we only hear about these incidents in the form of statistics.

NuclearShadow 03/10/2009 8:50 PM
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I don't believe this could be considered a form of hacking as the kid just researched to answer the secret question. However I recall a ruling that gave the same privacy laws when it came to emails in the same manner to physical mail. so him even opening the mail would be a crime and each email he opened would be a additional charge.

curnel_D 03/10/2009 9:42 PM
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NuclearShadow :
I don't believe this could be considered a form of hacking as the kid just researched to answer the secret question. However I recall a ruling that gave the same privacy laws when it came to emails in the same manner to physical mail. so him even opening the mail would be a crime and each email he opened would be a additional charge.


Yes, but I dont see them being able to legitamently prove that he opened more than what ever email he posted information from. Do they have proof that he opened 3 emails?

jerreece 03/10/2009 9:49 PM
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SAL-e :
How about if someone disrupt your life? Thousands of people get hacked their credit destroyed and the police say that they can not do anything about it. But If you are big cheese from Washington and have ‘free’ prosecutor on staff, the whole system jumps. This case is the biggest BS ever.



Having been in Law Enforcement before, I can tell you local police departments don't generally have the equipment, expertise, or resources to investigate and prosecute this type of crime.

Internet related crimes, credit fraud, theft of identity, and related crimes are a HUGE burden on local police agencies. The truth is, most of the point in reporting such crimes is to get the official documentation you need in order for the credit agencies or the insurance agencies to take care of the problem for you.

Law Enforcement have their hands full with this stuff, and don't have the needed resources to take care of it. At the federal level, they do have the abilities to do it, but not enough personnel to investigate the MILLIONS of crimes reported along these lines.

That's where the fundamental change has to be made. Better training, equipping, and resourcing to local law enforcement agencies.

NuclearShadow 03/10/2009 11:53 PM
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curnel_d :
Yes, but I dont see them being able to legitamently prove that he opened more than what ever email he posted information from. Do they have proof that he opened 3 emails?



I don't know if they will be able to do such unless there is evidence on his harddrive. If anyone knows of any other method that can be used to find out what emails he accessed I would love to hear it. Though I think its safe to assume that he more than likely read most if not all the emails Palin got. But thankfully we don't let assumptions determine charges and verdicts in court.

hellscook 03/11/2009 3:57 AM
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I'm more outraged that Palin was conducting OFFICIAL business on a yahoo e-mail account. That is ILLEGAL as well!

techtre2003 03/11/2009 5:28 AM
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hellscook :
I'm more outraged that Palin was conducting OFFICIAL business on a yahoo e-mail account. That is ILLEGAL as well!


The emails that I saw wasn't her conducting official business. One of them was her speaking with another politician; but it was a private (or so she thought) conversation. Politicians are allowed to have private conversations with other politicians.

hellscook 03/11/2009 5:53 AM
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Even discussing an upcoming appointment is considered official business and is required by law to be in the public record. After she was found out, the account was deleted - gone from record.

http://www.tgdaily.com/content/view/39376/118/

tayb 03/11/2009 6:40 AM
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Sarah Palin backs FISA and the Patriot Act. I guess it is cool for my emails to be read and scanned and my privacy to be violated in the name of national security but oh no not hers.

Dissent if you ask me. She, and everyone who backs the above legislation, deserves the same. Won't get any sympathy from me.

tayb 03/11/2009 6:42 AM
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Oh and this isn't exactly "hacking." Palin is so unintelligent that she used widely available information as her Answers to the password recovery questions from Yahoo. Anyone with access to a computer and google.com could have broken into her account by simply searching for the questions the password recovery prompt asked you to.

Anonymous 03/11/2009 8:50 AM
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Technically, it is hacking, and hijacking. In a sense, the kid did a dictionary attack, with a highly specific dictionary. He gained access to an account that he was not authorized access to, which is hacking. Then, he changed the password, which wouldn't be very hard to pin that to hijacking. So, that is how you get the Fraud, when he pretended to be Sarah. Obstruction of Justice is fairly general, and I am not sure how they are using it in this case. I think the kid fully deserves it. They have to make a statement out of the kid. Showing that they do not stand up to that. More people heard about this, than your average computer fraud or identity theft case.

Tindytim 03/11/2009 12:46 PM
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stevesterx :
So, that is how you get the Fraud, when he pretended to be Sarah.


So if I sit down at a computer and someone forgets to log out of their account, am I committing fraud?

He didn't send any e-mails from that account (although that would have been hilarious).

stevesterx :
I think the kid fully deserves it. They have to make a statement out of the kid. Showing that they do not stand up to that. More people heard about this, than your average computer fraud or identity theft case.


I think we shouldn't give Palin any special treatment. Sending this kid away isn't going to stop anyone from doing this again. What we need to do is make an example of Sarah Palin, we can't stop hackers with threats of jail time if they're caught, she stupidly made an account unsecure.

jabliese 03/11/2009 3:03 PM
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To all the "it's not a hack" people, if you find a car with the doors unlocked, and the keys in it, does that mean it's not stealing to drive it away?

Do not take things that are not yours, knuckleheads. That includes e-mail.

jabliese 03/11/2009 3:15 PM
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Also, regarding "He also said that it was not consistent with media reports." This was his initial reaction, shortly after, he learned the ISP concerned serviced both Illinois and Tennessee.

http://www.computerworld.com/actio [...] Id=9115289

So, to answer your question, no, not interesting.

ossie 03/11/2009 3:27 PM
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Only the government and it's goons are allowed to hack your mail.

As for the "competence" of the VP candidate... no further comments.

grieve 03/11/2009 3:55 PM
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tayb :
Oh and this isn't exactly "hacking." Palin is so unintelligent that she used widely available information as her Answers to the password recovery questions from Yahoo. Anyone with access to a computer and google.com could have broken into her account by simply searching for the questions the password recovery prompt asked you to.


I agree, this is just plain dumb! And you can't fix dumb!

I myself use a couple random words which only I know… it doesn’t matter what the secret question is, the answer is always “random123” or "unknown321"

People are just so naïve.

norbs 03/11/2009 5:12 PM
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grieve :
I agree, this is just plain dumb! And you can't fix dumb!I myself use a couple random words which only I know… it doesn’t matter what the secret question is, the answer is always “random123” or "unknown321"People are just so naïve.


Wonder how many people are trying to reset your password right now; "why doesn't random123 work!?!" lol jk jk, thats a great idea tho, its like a second failsafe password.

techtre2003 03/11/2009 5:34 PM
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@hellscook
OK, I stand corrected. I guess I had just seen the personal emails that were leaked.

tayb 03/11/2009 6:24 PM
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jabliese :
To all the "it's not a hack" people, if you find a car with the doors unlocked, and the keys in it, does that mean it's not stealing to drive it away?Do not take things that are not yours, knuckleheads. That includes e-mail.



Not the same scenario but if something like that were to happen the insurance company wouldn't pay you a dime for any damage done. Stupidity isn't one of the things covered.

turboflame 03/11/2009 6:36 PM
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This is stupid, if he didn't do it somebody else would have eventually. There was nothing damaging found, so if anything it probably helped Palin in the campaign. Instead of the government using this incident to better educate their officials on security, they've gone after this kid to make an example out of him. He did something stupid and no one was hurt, he should be punished but this is overkill.

Using a password reset is not hacking. I'm guessing that they're charging him with obstruction of justice because he cleared his browser history after words. What a joke.

Cuddles 03/12/2009 3:12 AM
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I remember this. The kid was an idiot. He got into her account and then went to a Public Forum and posted that he did so and put up her emails to show that he did so. The forum didn't take them down for about twelve hours. There wasn't anything bad in them but it was the issue at hand.
The analogy is almost correct except the thief would have had to use a Jimmy and hot wire the car then drive around showing his friends that he had just stolen the Principles car.
I love the "but he's just a kid". So what? Did he know what he was doing? Yes. Did he open her emails without her consent? Yes.
I also love how you guys think that the Goverment has tons of people just sitting around reading everyone's email. They use a program that looks for key words that are used in a certain path to trigger a second program to look at names and date. Then a third and a forth before it's sent to a person who then takes it to an expert for further study. It's kind of what is happening just I'm putting it in context on what you could understand. So as long as your not planning to blow up something or kill a bunch of people then the Goverment has no intrest in what you put in your email. Trust me... The Goverment doesn't care what you write. In level of importance your just not that special. Go to a terrorist training camp, send a bunch of emails claiming you want to die for Allah, and call your mom saying that you have the bombs ready, and you just might get your email looked at. Besides that your nothing special.
So the kid was an idiot. He got caught. Now he will have to pay for being caught. He was a dumb ass. Don't feel sorry for the dumb ass.

tayb 03/12/2009 3:44 AM
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Cuddles :
I also love how you guys think that the Goverment has tons of people just sitting around reading everyone's email. They use a program that looks for key words that are used in a certain path to trigger a second program to look at names and date. Then a third and a forth before it's sent to a person who then takes it to an expert for further study. It's kind of what is happening just I'm putting it in context on what you could understand. So as long as your not planning to blow up something or kill a bunch of people then the Goverment has no intrest in what you put in your email. Trust me... The Goverment doesn't care what you write. In level of importance your just not that special. Go to a terrorist training camp, send a bunch of emails claiming you want to die for Allah, and call your mom saying that you have the bombs ready, and you just might get your email looked at. Besides that your nothing special.



I'll quote you fourth amendment since you obviously haven't seen it or are unfamiliar with it. The part about probable cause BEFORE a search is executed should be noted.

Quote :The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Hey, it's cool with me if you don't mind having your basic rights to privacy violated in the name of national security. Great for you. The founding fathers, you know the ones who wrote the constitution and established this country, happened to think that having rights to privacy and DUE PROCESS were important and therefor placed them as the fourth amendment otherwise known as the BILL OF RIGHTS.

Idiots like you would throw it all away so you could enjoy an illusion of safety.

Cuddles 03/12/2009 8:15 AM
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I just love it when people who have no idea what the hell they are talking about begin screaming about the Bill of Rights when they have no idea what they are getting themselves into. Let's begin shall we. The U.S. is setup in a Legislative, Executive, and Judicial Branch. The Legislative Branch create and change laws, the Executive Branch is supposed to enforce the laws, and guess what the Judicial Branch does? The Judicial Branch interpretes the law or in this case the Constitution of the U.S. So unless you are currently a Judge you cannot make an interpretation on the meaning of any of the Bill of Rights. What you can do is try to bring a case to the Judicial system if you feel one of your "rights" are violated. Unfortunatly for you a case was seen and heard by the Judicial system in which the way and manner the NSA conducted it's Intelligence Gathering was found not to be Unconstitutional by the Supreme Court of the U.S.
Now that you know this you cannot scream "But my Bill of Rights!" because it was already found by the Court that it wasn't. When you begin to get into Case Law you begin to find out a lot of things. Like Roe vs Wade wasn't about Abortion but instead about the invasion of privacy.
The Constitution of the U.S. was written in a manner so that it could be interpreted by the Judicial System for any given period of time and thus change as the times dictated. Does this mean that what was found in 1920 will be changed today? No, in fact most times it won't be. Most cases have already been heard once before and when that happens the Judge usually defers to the Judgement of that prior case thus when a Judge does rule on anything it is setting a precedent. It is when a Judge tries to overrule an earlier case does things like appeals happen.
As of present there is currently 545 volumes of U.S. Reports and would take you at minimum 8 years of schooling and 20 years of service before you might be able to interpret any of the Bill of Rights and make a judgement on what they might mean.

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