Hacker News Reader

Comment by aftbit | Hacker News Reader

You're not wrong, but I would have a hard time as a jury member convicting them of a CFAA violation or whatever for creating a user named "Test TestOnly" with a bright pink image instead of a photo.

If they had added themselves as known crewmembers and used that to actually bypass airport screening, then yeah, they'd be in jail.

View on HN

That's what jury instructions are for. The judge can instruct the jury to ignore pretty much any facts and consider any subset of what really happened that they want. So they'd just instruct "did they access the system? Were they authorized? If the answer to the first question is yes, and to the second is no, the verdict is guilty, ignore all the rest". The jury won't be from the HN crowd, it would be random people who don't know anything about CFAA or computer systems, it will be the easiest thing in the world to convict. Those guys got so lucky DHS exhibited unusually sensible behavior, they could have ruined their lives.

As my good fortune would have it, I'm called to jury duty two weeks from now. I doubt I'll be sat though. Should I be, I'll keep the above in mind.

If it's a criminal case, be sure to checkout the innocence project to inform yourself on some of the junk science police and prosecutors like to use.

They tend to specifically choose against people with critical thinking skills.

Everyone says this but when people say "critical thinking skills" it really means "is obvious they will willfully disobey the instructions given to them by the judge and hold their own moral/ethical code above the law."

You're literally describing jury nullification in a situation where by the hypothetical judge's instructions they're obviously guilty. I might agree with you that the law is bullshit but by right you and I should be dismissed.

> hold their own moral/ethical code above the law ... I might agree with you that the law is bullshit

This is the entire reason that we have trial by jury and not trial by judge. I'm not sure how this got lost over the centuries. If 12 of your peers think you did it but the law is bullshit and you shouldn't have your life destroyed because of some stupid technicality in a bullshit law, then you should walk free! I'm aware this has been used to horrible ends in the past (e.g. 12 white jurors nullifying a lynching) but that's a problem with jury selection (and those so-called peers), not with nullification.

> You're literally describing jury nullification in a situation where by the hypothetical judge's instructions they're obviously guilty

Yes, that is the only time nullification is relevant. If a judge can lead the jury to one verdict or another via his instructions, then it's not a trial by jury at all. It's a trial by judge. The founders understood that -- they didn't want a trial by judge. The jury is a check on the judge's power!

Jury is peer, not subordinate of judge, and they should keep each other in check. Some tyrannical judges don't understand this. Sometimes the judge has to be reminded he is wrong in a way he can't prove he's been reminded, however.

If you don't want to be sat, just mention Jury Nullification. Courts really hate that sanity check on the process.

https://en.wikipedia.org/wiki/Jury_nullification

I once got called into jury duty and sat through jury selection. On that day, protesters were outside the courthouse calling awareness to jury nullification, so the judge brought it up. He said something like: "jury nullification is a constitutional right, but you waive those rights when you take the oath of a juror. It is not an option to you." I really wanted to say "but that constitutional right is not my right, it's the defendant's right. How can I waive the defendant's constitutional right to a trial where jury nullification is a possible outcome?" However, it was a rape trial, where nullification would be an awful outcome (basically saying: yeah, he raped her, but that shouldn't be illegal in this case ... yuck), so I kept my mouth shut. But it still bothers me that the judge was so glib about "waiving" the constitutional rights of the defendant.

I had a very similar situation when I was called. The trial subject was systematic elder abuse and neglect by a person in a position of power at a hospital. I was very glad to not be chosen. I would not have nullified and I did not want to spend weeks hearing about how this woman basically tortured helpless people.

> But it still bothers me that the judge was so glib about "waiving" the constitutional rights of the defendant.

Around here, people are clamoring for a judge to be recalled because she is on top of rights for defendants. A recent one I watched on Zoom was a prosecution motion to revoke bail:

Prosecutor: "Because blah blah blah, and in addition the defendant shows no signs of taking responsibility for his actions, we..."

Judge, cutting her off: "I'm going to stop you there. The defendant entered a plea of not guilty, and as of this moment has not been found guilty at trial. In the eyes of the court, he has precisely zero obligation to take responsibility for alleged actions at this point in time."

Prosecutor was not happy.

People want that judge to be recalled? So not only are people opposed to trial by jury, they also want the judge to be biased towards the prosecution? Why? Just the usual "tough on crime" dogwhistles?

Mostly so. They're the same ones who comment on posts about fires at homeless encampments as "Good" or "Too bad it didn't wipe the place out" and sycophantic "Thank you Sheriff" when the department posts about an arrest.

I don't know your case, but the term "rape" has been legally expanded a lot from what we might imagine when we hear the word "rape" (forceful sexual act).

Legally it can mean a case where a man met a women in a bar, she was not drunk and wanted to go home with him. She explicitly consented. Later it ends up that she was using a fake ID to get into the bar, she was only 17.9 years old in a state where the age of consent is 18. Or alternatively, the guy recently moved a block over. In his old location the age of consent was less than 18, but now he moved and he committed rape (aka, the opinion that got Richard Stallman to step down).

And no, there is no exception for mistaking the age. https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?art...

YMMV but I don't think in my state either of those things would be tried as just "rape".

If there's no force/threats/drugs etc involved and the minor consents, it's charged as statutory rape which is different than capital-R rape.

Statutory rape can be a felony, but in cases like an 18 year old and a 17.5 year old having sex it's a misdemeanor and realistically 99.999% of the time it happens there are no charges

Which countries make Jury Nullification a constitutional right for defendants? I looked at the wikipedia article (US section), and it only refers to it as power possessed by a jury.

If a defendant has the constitutional right to trial by a jury, and that jury has autonomy to make an independent decision, then jury nullification is a possible outcome.

If jury nullification is not a possible outcome, then either the defendant doesn't have a right to trial by jury, or that jury is not allowed to make an independent decision.

Defendants don't have a direct constitutional right to jury nullification (the Constitution doesn't say anything about nullification). It's just a logical consequence: if the jury really can make independent decisions, then nullification is necessarily one of those possible decisions.

Impliedly all countries that have jury trials. But most of those deny this explicitly somewhere, typically in statutes or convention.

I told a prosecutor during voir dire that I wouldn’t follow a judge’s instruction if it was a case involving drugs (I think it was a shoplifting case, so not relevant to the particular case). That was enough to be excused by the prosecutor.

Nullification in not so many words.

Smarter people avoiding jury duty delegates justice to dumber people.

Yeah, I know you're busy and easily bored.

Careful, you can get into trouble for reminding jurors of their rights

https://www.independent.co.uk/climate-change/news/inner-lond...

DHS officially uses bugcrowd for their VDP, for what it's worth.

https://bugcrowd.com/engagements/dhs-vdp

> That's what jury instructions are for. The judge can instruct the jury to ignore pretty much any facts and consider any subset of what really happened that they want. So they'd just instruct "did they access the system? Were they authorized? If the answer to the first question is yes, and to the second is no, the verdict is guilty, ignore all the rest".

The only real protection is the fact that you can vote whatever way you want and not even a judge can compel you to state your reasoning.

What if they incremented a number in a url on a publicly available website?

Is this a reference to a past event? I don't get it.

It's an incredibly basic form of pen testing. For example, this reply page URL refers to id=41393364, which is presumably your comment. So what happens if I replace it with a different number? Probably something innocent, but maybe not.

Yes. https://www.reddit.com/r/IAmA/comments/1ahkgc/i_am_weev_i_ma...

Jeez, I just read about him. Was he the first who went down the alt right pipeline? What happened there?

From goatse security to the Daily Stormer.

In part yes but inevitably devolves into an ad hominem attack against the most high profile case of a guy who did it, who is now hiding in Ukraine on a Prednistrovian passport after having his conviction overturned (temporarily) giving him an escape window.

> hiding in Ukraine

Huh. Uh, weird choice, given, well, you know…

Before he spent some time in Transnistria as well, which is also a weird choice.

It's an excellent choice IMO from his perspective. They grant citizenship after 1 year with not a lot of questions and have a cash economy. And they don't extradite to the US.

They'll also not above confiscating your cash and killing you if its suits them. Or (before the war) they wouldn't think twice to send you to Russia to be used as a bargaining chip.

Weev is effectively banned from the banking system. The list of places with enough infrastructure to survive as a hacker, without foreign citizenship and in a cash/crypto economy with no extradition treaty is thin. I'm sure Transnistria might do that but apparently it wasn't worth their time to kill him. Seems better than North Korea, Iran, or the bush of Africa.

Maybe not. If you claim to be living in an active warzone and go missing who would look for you?

Flee to Western Europe under an assumed identity, get taken in as a refugee?

Assuming you can fluently speak in a language expected of a refugee and are not from a country that has your prints on file...

How do you have a conviction temporarily overturned? I thought the US had rules about double jeopardy. Unless you're referring to some other charges he hasn't been tried for.

They ruled it was tried in the wrong jurisdiction thus basically never happened. There is likely a sealed indictment awaiting in another jurisdiction where they will try again, now knowing the trial strategy of the defense.

Overturning a conviction is usually permanent, however, that does not necessarily mean the verdict becomes Not Guilty, and only when the verdict is Not Guilty does double jeopardy come into play. It is possible for a higher court to overturn a lower courts decision, have it returned for reconsideration, or even a whole retrial. In other cases a higher court will overturn a verdict and instruct the lower court the change the verdict to Not Guilty.

Weev hasn’t been in Ukraine in a good few years. He was last confirmed spotted in Transnistria before the 2022 invasion and apparently hasn’t moved on since.

His stay in Ukraine was rather brief, he was… not well liked there.

Thanks for all the references / replies, folks. I appreciate it.

Another one from Australia from over a decade ago: https://amp.smh.com.au/technology/super-bad-first-state-set-...

Yeah I wouldn't have convicted weev either. There is a difference though. He used that incremented number to access actual user PII. These guys created a user with no PII and no actual malicious use.

It looks like they got access to a list of names of existing users.

>You're not wrong, but I would have a hard time as a jury member

Which is why Jury selection usually removes people who understand the situation.

But would it really matter if they were convicted, after being in jail for who knows how long awaiting trial, losing their job, etc?

> You're not wrong, but I would have a hard time as a jury member convicting them of a CFAA violation or whatever for creating a user named "Test TestOnly" with a bright pink image instead of a photo. If they had added themselves as known crewmembers and used that to actually bypass airport screening, then yeah, they'd be in jail.

I think it could go any which way. The prosecution could argue that the defendant may have tampered with existing records or deleted some. In this particular case, it’s probable that the system does not have any or adequate audit trails to prove what exactly transpired. Or the claim could be that the defendant exfiltrated sensitive data (or that the defendant is trying to hide it) to share with hostile entities.

If the system has no audit logs, the prosecutor would have no evidence of any of that.

And in a system this broken the defence could even argue that anyone could have done it and modified the logs to implicate the defendant. You can't use any data from this system as evidence.

Yeah so best case you spend tens of thousands on lawyers and probably win.

Doing this under your own name is insane.

Best case, assuming you even get charged, your case gets picked up by the EFF, ACLU, IFJ, etc. You spend nothing, you win, and you get a lot of free publicity for your pen testing company.

Worst case, nobody comes to help you, you spend all of your money, still lose the case, end up in a shitty US prison, and get stabbed in the shower by some guy driven crazy by spending months in solitary.

Personally, I would not mess with security research on anything even distantly related to US Gov.

Reply on news.ycombinator.com