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WebTV 911 Hacker... Cyber Terrorist? 452

Mastab286 writes "Federal agents have arrested David Jeansonne, 43, of Louisiana on cyberterrorism charges under the USA PATRIOT Act for a malware attack against eighteen MSN TV (formerly known as WebTV) customers. As part of an online conflict in July 2002, Mr. Jeansonne wrote a script to change the dial-up number of MSN TV equipment to the 911 emergency number. He disguised the script as a tool to change the colors of the user interface, and sent it to his eighteen foes; the next time they tried to log on, they would end up calling the police instead. Several of the customers sent the tool to friends, bringing the total number of victims up to twenty-one. The script also posted the users' browser history to a website and e-mailed hardware serial numbers to a free webmail account. Prosecutors charge that the act meets the definition of cyberterrorism since it endangered public safety."
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WebTV 911 Hacker... Cyber Terrorist?

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  • by poptix_work ( 79063 ) * on Sunday February 29, 2004 @10:27AM (#8422489) Homepage
    Please, it would be something *near* "cyberterrorism" and a danger to public safety if it were self propgating, but this relied entirely upon the studity of the
    user to not only run it, but manually propogate it to other people, which is kind of hard when it makes their system unusable after having run it.

    Another example of the DOH'S trying to justify their existance.
    • by Anonymous Coward
      which is kind of hard when it makes their system unusable after having run it.

      If it made the system unusable after running it, then how did it email the hardware serial numbers anywhere?

      Obviously, it must've dialled 911 and then connected to the internet anyway.... unless 911 are offering PPP services now!
    • by allism ( 457899 ) <alice@harrison.gmail@com> on Sunday February 29, 2004 @10:33AM (#8422525) Journal
      So...If MyDoom had caused every modem it found to call 911, would you not have considered a danger to public safety? The qualifier here is more that it didn't spread rapidly - which is more an indicator that the author should have been smart enough to make it wait several days before calling 911, so that it would have more time to spread before being found.

      If it had waited a while, and, say, jammed a city's 911 call center because several hundred people tried to call in at once, over and over (yes, I know hundreds of people don't use WebTV, but go with the hypothetical here for a minute), would it have been considered more of a danger then?

      I think calling anything cyberterrorism makes most people in the tech community take it less seriously - could they have come up with a more asinine label? Makes me think of TRON.
      • So...If MyDoom had caused every modem it found to call 911, would you not have considered a danger to public safety? The qualifier here is more that it didn't spread rapidly - which is more an indicator that the author should have been smart enough to make it wait several days before calling 911, so that it would have more time to spread before being found.

        So a person is a terrorist because they didn't spread the calls out over a couple of days?
        • by allism ( 457899 ) <alice@harrison.gmail@com> on Sunday February 29, 2004 @10:48AM (#8422619) Journal
          If it were blocking the use of the 911 services for a city, yeah, I think I might call that one terrorism. I consider 911 a public utility sort of thing, so cutting off the service for a city would be similar (in my mind, anyway) to killing the water service or the power for a city.

          However, IANAL, etc., this is my opinion, which does not necessarily mean that it reflects the letter of the law.
          • by notque ( 636838 ) on Sunday February 29, 2004 @10:52AM (#8422638) Homepage Journal
            If it were blocking the use of the 911 services for a city, yeah, I think I might call that one terrorism.

            "Terrorism - The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons."

            Was his intention to intimidate or coerce societies or governments? Yes or No?

      • by 1u3hr ( 530656 ) on Sunday February 29, 2004 @10:45AM (#8422600)
        the author should have been smart enough to make it wait several days before calling 911, so that it would have more time to spread before being found.

        According to the story, he was targetting specific individuals; he wasn't trying to release it indiscriminately.

        • by allism ( 457899 ) <alice@harrison.gmail@com> on Sunday February 29, 2004 @10:55AM (#8422656) Journal
          One person repeatedly calling 911 could tie up a good portion of the resources for a *small* 911 call center, I would think - not to mention, the police have to come out and investigate. Can you imagine the load of shit a police department would get if, shortly after this happened, someone was getting severely beaten, tried to call 911 but couldn't speak, and the 911 call center decided that it was just another one of those damned prank calls and ignored it?
          • by notque ( 636838 )
            One person repeatedly calling 911 could tie up a good portion of the resources for a *small* 911 call center, I would think - not to mention, the police have to come out and investigate. Can you imagine the load of shit a police department would get if, shortly after this happened, someone was getting severely beaten, tried to call 911 but couldn't speak, and the 911 call center decided that it was just another one of those damned prank calls and ignored it?

            I agree. This was a horrible thing to do. Could
        • by nehril ( 115874 ) on Sunday February 29, 2004 @11:07AM (#8422718)
          I think that the rationale is this: while this 43 year old man thought he was targetting a few people, the target actually turned out to be against the 911 system (via an admittedly small DDOS), which serves *everyone* in the area. by tying up lines, police and firefighters, anyone who had a real emergency at that time was also a victim of this attack. there are only so many emergency personnel resources available to the system.

          • Well, someone who deliberately abuses the 911 system should be smacked down, *hard*. But it's quite reasonable to ask whether the USA PATRIOT Act is appropriate to the case. Isn't there some law against frivolous police reports, or something, that would let us put this idiot in jail for a while?

            Hey, I know! 19 false reports is a *pattern* of banned activity, so we could get him with RICO. No, wait....
      • by ffub ( 322605 ) on Sunday February 29, 2004 @10:57AM (#8422666)
        But it wasn't a major threat to public safety because it didn't spread rapidly, so that is a good qualifier of whether it should be classed as a threat to public safety. It was clearly a malicious act aimed at serveral people in particular. The script doesn't seem to have been very well equipped for, or directed at, propogating itself arouind the net.

        Now I agree it was nasty, and a pain to the 911 operators as well as being perhaps an act of terrorism, but it should be applied to anything that can scale up to meet terrorism.

        Your hypothetical premise is to suppose the script was more threatening, and then ask if it would be considered more threatening then. Well, yes it would.

        Seems to me the major terrorism has been renamed to terror anyway, so the word terrorism can be applied blandly to anything subversive, with more than one victim, that a government wishes to attach more stigma to.
        • scale up to meet terrorism

          how many people have to be involved to make it terrorism?
          • by cyt0plas ( 629631 ) * on Sunday February 29, 2004 @12:04PM (#8423019) Journal
            Let's check the dictionary [reference.com]

            The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

            Nope, no force or violence, no real intimidation (annoyance perhaps), no attempt to coerce. Seems fairly straightforward. Since not even one person was intimidated, coerced, or threatened, it doesn't matter how many it takes - it still wasn't reached.

            Also, if we make the definition of terrorism apply to one person, we make pretty much all major crimes (murder, extortion, rape, etc.) into terrorism. This is not the way it should work. Sometimes there is no logical place to draw the line, and it's up to the law (or the judges) to find a reasonable one.
          • by PjotrP ( 593817 )
            well if you beat up one person, would you call that terrorism? i wouldn't. if you beat up like 1 every night in a certain neighbourhood with the intent of intimidating the people in said neighbourhood to stay in doors? then i would call it terrorising the neighbourhood.

            It's even possible to "terrorise" one person, but it would be weird imo to call that "terrorism". i mean even threatening one person would then be considered to be terrorism. I guess in the US loads of things have gotten the terrorism tag.

    • by TheLinuxSRC ( 683475 ) <slashdot&pagewash,com> on Sunday February 29, 2004 @10:35AM (#8422534) Homepage
      but this relied entirely upon the studity of the user to not only run it, but manually propogate it to other people

      They were using WebTV.....
    • by secolactico ( 519805 ) on Sunday February 29, 2004 @10:43AM (#8422585) Journal
      Please, it would be something *near* "cyberterrorism" and a danger to public safety if it were self propgating

      I guess what matters are the author's intention. I don't know much about 911, but I believe they would investigate a series of call with the same origin and that would amount to wasted police time. I think that's what they do when somebody calls and nobody talks (it might be someone having a heart attack or otherwise unable to speak).

      but this relied entirely upon the studity of the
      user to not only run it, but manually propogate it to other people, which is kind of hard when it makes their system unusable after having run it


      According to the blurb (didn't RTFA) some people did re-distribute it (I guess before they used it).

      I suppose they'll want to make an example out of him, and quite frankly, I can't feel sorry for him. He is 43 years old, so this would hardly be a "harmless child's prank". He did endager public safety (911 has a finite number of lines/operators) and while he probably didn't have terrorist intentions, he should have known better.
      • by intertwingled ( 574374 ) on Sunday February 29, 2004 @10:52AM (#8422640) Homepage
        Right, I worked at an ISP years ago and that's what would happen when one of the 28.8k modems in our stacks would run amuck (probably from overheating) and start dialing random digits, eventually including 911. Two policemen would arrive, and we'd have to trace the number, tear the stack apart, and replace the offending modem. And when I say "stack", I mean exactly that. These were external 28.8k modems that were stacked on top of another. That's the high class way that this ISP ran it's computer room.
    • by Clemence ( 16887 ) on Sunday February 29, 2004 @12:04PM (#8423017)
      Once again, a legal issue rears its head on /. and the /.'ers miss the point. Whether or not DOJ, the media, or /. attaches the "cyberterrorism" label is completely irrelevant. First because it's meaningless and second because the law says its "terrorism" for the purposes of the law. (IAAL)

      The law this putz was charged with violating makes it illegal to: (1) intentionally damage (which he obviously did); (2) a "protected computer" (which the 911 system obviously was); (3) causing a threat to public health or safety (which multiple fraudulent calls to 911 obviously does). Look up 18 U.S.C. 1030 - it's online and it defines all this.

      The statute never actually uses the word(s) "cyber-terrorism" anywhere. That is a stupid label attached by Congress (and subsequently the media) but it is not in the law and it's not really the point. What IS in the law (the USA Patriot Act) is an amendment to 18 USC 2332b, which defines "federal crime of terrorism." Among the things that the law treats as a federal crime of terrorism (which some here have tried to explain) are any offenses that violate, among other federal statutes, 18 USC 1030.

      Being a "federal crime of terrorism" has two effects: (1) it places the investigation squarely in the jurisdiction of the federal government (primarily FBI, but in this case also Secret Service); and (2) it means the guy is eligble for a harsher sentence.

      The argument about whether this is "terrorism" or not is purely semantic. The law says it is - so it is. Whether it's properly labeled "cyber-terrorism" is meaningless. That this idiot let his personal vendetta put innocent third parties at risk is the heart of the issue. Instead of debating labels, consider how utterly stupid and dangerous this stunt actually was and just how hard this yahoo ought to be slapped.
  • Terrorism?! (Score:5, Insightful)

    by Anonymous Coward on Sunday February 29, 2004 @10:30AM (#8422501)
    Guys, terrorism is where you like blow up a building or gas people in the subway in the name of a political or religious cause.

    What's going to be next next, kids who make prank calls ending up on death row for "terrorism"?
    • Re:Terrorism?! (Score:4, Insightful)

      by notque ( 636838 ) on Sunday February 29, 2004 @10:36AM (#8422538) Homepage Journal
      Guys, terrorism is where you like blow up a building or gas people in the subway in the name of a political or religious cause.

      Terrorism is a lot of things, including running a Denial of Service attack on the emergency help number.

      This wasn't a Denial of Service attack. Nor was it a terrorist act, but it is close to be construed as a possible terrorist act.
      • Re:Terrorism?! (Score:5, Interesting)

        by interiot ( 50685 ) on Sunday February 29, 2004 @11:01AM (#8422689) Homepage
        The reason a government might need broad new powers to fight terrorism is that 1) a small group of people have the ability to hurt a large group of people, and 2) because it's ideologically/religiously/politically based, there's a decent possibility they'll be funded by disparate organazations around the world, possibly including very wealthy people who are protected by national soverenty laws.

        We don't need broad new powers to fight one guy who does a random criminal act just to show he's smart/cool. He didn't plan it for years and years, didn't get overseas funding and moral support, and didn't try to choose a crime that would scare the crap out of the most people.

        Bush/Ashcroft's "trust us, we won't misuse it" line was always BS, it's just easier to convince the rest of the population now.

    • Re:Terrorism?! (Score:5, Insightful)

      by leerpm ( 570963 ) on Sunday February 29, 2004 @10:43AM (#8422586)
      Guys, terrorism is where you like blow up a building or gas people in the subway in the name of a political or religious cause.

      Initially, I was of the same opinion. But then I thought what if this had been an al-Qaeda agent who had done this? Would we still be so quick to deny it as being terrorism? Terrorism can occur by Americans too (i.e. the Unabomber).

      OK, so what you are saying. Maybe you are thinking that regardless of who committed the crime, the incident was still too small to qualify as terrorism. But what if it had been 100 users? 10,000 users? 1 million users? 100 million users> (Though God help us if 100 million people are stupid enough to open and run an email attachment like that!) Where do you draw the line?
      • Re:Terrorism?! (Score:5, Insightful)

        by Kelerain ( 577551 ) <avc_mapmaster@@@hotmail...com> on Sunday February 29, 2004 @10:58AM (#8422676)
        The line is not drawn at a number of people affected. Terrorists have a specific belief or cause they are trying to bring attention to, and change. If al-Qaeda had done this, it would have been terrorism, because of the motive. But it depends on the motive. The Mydoom worm infected hundreds of thousands of machines, why isn't that terrorism? Motive (as far as we know). Suddenly lableing something terrorism because it might affect our emergency services is a gross misrepresentation. Sure it was illegal, possibly dangerous, but unless the intent was to further an ideoligical agenga through terror, then its hard to qualify it as terrorism.
      • Re:Terrorism?! (Score:5, Insightful)

        by mdpye ( 687533 ) on Sunday February 29, 2004 @11:16AM (#8422762)
        Initially, I was of the same opinion. But then I thought what if this had been an al-Qaeda agent who had done this?


        OK, so what you are saying. Maybe you are thinking that regardless of who committed the crime, the incident was still too small to qualify as terrorism. But what if it had been 100 users? 10,000 users? 1 million users? 100 million users
        It's the intention to incite terror which makes it "terrorism". This was not an attempt to DoS the emergency services, it was a petty attempt to inconvenience some personal enemies, therefore it was irresponsible, yes, childish, yes, but I'm afraid it was not intended to instigate mass terror and therefore it is not terrorism

        MP
      • Re:Terrorism?! (Score:3, Interesting)

        by nazsco ( 695026 )
        What the parent said is that your supositions ARE considered terrorism.

        When you say: "what if this had been an al-Qaeda agent who had done this?" Then you're just saying that "they HAD political/religious motivation", hence: Terrorism

        The parent wasn't refering to "only bombing or mass killing", i think it was only a weak example. The important part there was the "political or religious cause".

        See? So, if al-Qaeda jammed 911 lines, it WOULD be terrorism. If a 9years old jammed 911 lines, it would be a unf
      • > But what if it had been 100 users? 10,000 users? 1 million users?

        There is a difference between body-slamming some one once, and body-slamming someone a million times. (I've body-slammed well over 100 people in my career, but that's all legit.)

        You're talking about a hyopthetical, alternate crime. In *this* instance, 21 people we involved/victimised. So: is *this guy* a terrorist?

        webster:
        Terrorist Ter"ror*ist, n. F. terroriste.
        One who governs by terrorism or intimidation; specifically,
        an ag
    • by Alien54 ( 180860 ) on Sunday February 29, 2004 @10:44AM (#8422593) Journal
      people are working on a TV series so that you are properly educated:

      D.H.S. - The Series. [eonline.com] ... a multimillion-dollar episodic series, will explore the inner workings of the Department of Homeland Security, teaming the FBI, CIA, Secret Service, and National Security Administration (NSA) together with first responders such as local police, fire and safety administrators.

      The series is being pitched to prospective networks [eonline.com] and has the full support of President Bush and Tom Ridge. They love it. They think it is fantastic, say the series' producers at Steeple Productions. Not familiar with Steeple Productions [steeple.tv]? Well, perhaps you might find their four-episode Creation Vs Evolution [steeple.tv] series enlightening.

    • Re:Terrorism?! (Score:4, Insightful)

      by ePhil_One ( 634771 ) on Sunday February 29, 2004 @10:52AM (#8422642) Journal
      Terrorism is an act designed to throw fear (aka terror) into the mind of the public. Its not safe to walk the streets, because a Bomb might go off. Its not safe to shop in the market, because some idiot might strap explosives to him chest and blow himeself up, Not safe to go to the Olympics because some guy might leave a bowling bag full of Nitro in a public square. Not safe to work for the federal government because some moron has a rental truck, a couple containers of manure, and a few hundred gallons of Desiel.

      It can be employed against societies or individuals. The big problem I have with it is that it is yet another "thought crime". Its changing the punishment of the crime dependant on the intentions of the criminal. Beat up a guy when you're drunk, it assult and battery. Beat up a guy of another race/sexual preference/shoe size when you're drunk, and its a "Hate Crime". Now sometimes this is good; run a red light and kill someone, its Manslaughter; wait to run the red light until you wife is there, its pre-meditated murder.

  • by stonebeat.org ( 562495 ) on Sunday February 29, 2004 @10:30AM (#8422503) Homepage
    Denial of Service Attack against 911??? Maybe 911 should change their phone number just like SCO [sco.com] changd their DNS name to http://www.thescogroup.com/ [thescogroup.com].
  • terrorism (Score:5, Informative)

    by Anonymous Coward on Sunday February 29, 2004 @10:31AM (#8422507)
    terrorism ( P ) Pronunciation Key (tr-rzm)
    n.

    The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.
    • Re:terrorism (Score:5, Insightful)

      by Hans Lehmann ( 571625 ) on Sunday February 29, 2004 @10:50AM (#8422635)
      The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

      I guess that makes pretty much everyone in the current administration a terrorist.

    • Re:terrorism (Score:5, Insightful)

      by Ghoser777 ( 113623 ) <fahrenba@ma[ ]om ['c.c' in gap]> on Sunday February 29, 2004 @10:56AM (#8422662) Homepage
      "Unlawful" - definitely meets this word.
      "force or violence" - sort of like forced entry into their tv system and forcing the system do something they weren't suppose to do... I'll buy it.
      "against people or property" - seems to meet
      "intention of intimidating or coercing" - I think this is where the application fails.

      The guy wasn't trying to intimidate or coerce someone into doing something - he just wanted to be an a**hole. The ramifications on the 911 system effect public safety, no doubt, but that doesn't make it terrorism. That word means next to nothing anymore, other than something happened/is happening that you don't like. For example, did you know that the NEA, a union of teachers was called a terrorist group by Rod Paige, the Education Security for President Bush?

      Can we use words that describe the situation instead of words that invoke powerful yet completely unrelated images?

      Matt Fahrenbacher
  • by Anonymous Coward on Sunday February 29, 2004 @10:31AM (#8422508)
    ...may not seem like much, but what if this file found its way onto the net or one of the popular peer-to-peer services? If it were to propigate it would create genuine problems for people who have a serious need to get their call to 911 through.

  • by wundabread ( 242160 ) on Sunday February 29, 2004 @10:31AM (#8422511) Homepage
    As someone who has worked in emergency response, this could have more consequences than if it called, say Dominoes.

    The 911 system is not a toy; lives are at stake.

    On the other hand, calling it a terrorist act for maybe 21 calls is way overboard.
    • by DjMd ( 541962 ) on Sunday February 29, 2004 @10:40AM (#8422566) Journal
      I think that this 'trick' is totally short sighted and asinine to the n-th degree...

      Not only is 911, not a toy and most cities 911 lines are understaffed (making every wasted phone call a potential significant distraction).
      But the worse part is what does a dial up program do when it fails to connect... Redial.
      It's not use twenty-one people. Its twenty one computers, all making multiple attempts...
      and it's not like the 911 operator can leave the phone off the hook. Every call has to get answered and recorded.
      Is it terrorism? No.
      Is this guy an ass who deserves sever punishment for abuseing 911? most certianly.
      Don't forget that prob the only reason he chose 911, was most likely to send the police to these enemies houses... further expanding the danger waste.

  • by Gonoff ( 88518 ) on Sunday February 29, 2004 @10:32AM (#8422513)
    WTF has this got to do with terrorism?

    A crime - sure, felony - if you like, even wicked. It has got absolutely nothing to do with terrorism. Why are your authotities mixing up that with your illegal invasions and war on "terror"?

    • by Anonymous Coward
      Cause terrorism is the new "in" thing. Back in the 80's it was those damn communists. Now the communists are our friends (well we're on friendly terms with China anyway) so we gotta have another boogyman.
      The sad thing is, the bigest boogyman is our own damn selves.
    • by bahwi ( 43111 ) on Sunday February 29, 2004 @10:41AM (#8422577)
      Taking up 911 calls. I admit, it is ridiculous to call this terrorism, but I believe people who put others in danger need to be punished severely. Make it call a 1-900 number or some other number, but 911? Come on, he should think of more than just himself and his humor.

    • Looks like they'll have to add 'WebTV' to the next Computer Attack and Cyber Terrorism: Vulnerabilities and Policy Issues for Congress [politrix.org] revision.

      When will some of you guys learn it's not about the act, nor the group, nor the victim, nor the attacker. It's about the ability to control perception [politrix.org]. The spookier the 'villain' the more money gets funneled to 'groups' like the Department of Homeland Insignificance. It's how they justify their budgets at the end of the year. "By golly Mabel them be terrorists, maybe we should pay more taxes to them mighty fine boys at the DOJ they be tough on terrorists" Nothing less, nothing more. It's about stats. Sure the guy was moronic, and now he will pay for being an idiot, and the sinful part is many - if he goes to a jury - will be blinded by pseudo sympathy spin on terror. To quote that old annoying song "It's all about the Benjamins baby"

  • What a Dick (Score:5, Insightful)

    by handy_vandal ( 606174 ) on Sunday February 29, 2004 @10:32AM (#8422514) Homepage Journal
    Prosecutors charge that the act meets the definition of cyberterrorism since it endangered public safety.

    The act also meets my definition of "this guy is a total dick".

    -kgj
    • Re:What a Dick (Score:5, Insightful)

      by TheLinuxSRC ( 683475 ) <slashdot&pagewash,com> on Sunday February 29, 2004 @10:38AM (#8422552) Homepage
      Prosecutors charge that the act meets the definition of cyberterrorism since it endangered public safety.

      By that definition, most Americans are terrorists. If you have broken the speed limit you have obviously endangered public safety therefore you are a terrorist.
      • Re:What a Dick (Score:4, Insightful)

        by randyest ( 589159 ) on Sunday February 29, 2004 @10:50AM (#8422627) Homepage
        Nice try, but speeding is not necessarily public endangerment (that's a specific charge for speeding +30 MPH over the limit, I believe). Going faster than the posted limit when conditions allow (no cars on the road, good conditions, good car) seems far less dangerous to me than DDoS'ing the local emergency 911 response center.

        Whether or not it was 27 calls or 2000, messing with 911 service is something we should (and obviously do) punish severely. Speeding, a few MPH over the limit, is more of a revenue generator for local municipalities than it is a serious public danger.
        • Re:What a Dick (Score:3, Insightful)

          by TheLinuxSRC ( 683475 )
          messing with 911 service is something we should (and obviously do) punish severely

          and for very good reason. As I posted somewhere else around here, this guy is guilty of sheer stupidity for using that number.

          Going faster than the posted limit when conditions allow (no cars on the road, good conditions, good car) seems far less dangerous to me than DDoS'ing the local emergency 911 response center.

          I agree, but try telling that to a cop or a judge. Regardless, speed limits are laws made to protect the p
  • by notque ( 636838 ) on Sunday February 29, 2004 @10:32AM (#8422516) Homepage Journal
    This isn't justification for use of the Patriot Act. It did not have the intent of anything remotely considered terrorism.

    Now, I'm not saying he should go to jail, however it's a sad look at the United States when anything that you could mildly construe as something that a terrorist might do, becomes a terrorist act.
  • by Whammy666 ( 589169 ) on Sunday February 29, 2004 @10:34AM (#8422528) Homepage
    ... to justify the existance of the Orwellian Patriot Act. Not only did OBL manage to kill 3000 people and two buildings, it seems that he managed to kill common sense and reason as well.
    • by trmj ( 579410 ) on Sunday February 29, 2004 @10:57AM (#8422672) Journal
      Wasn't that one of their goals? Kill the feeling of safety, security, and common sense to the point that we give up what makes our country the "land of the free?"

      Even though the above pargraph was most of what was preached after 9/11, and we all said, in a somewhat collective voice, "We won't let it happen," it still did, and it's still happening.

      This is more than the music industry saying we copy their cds, this is more than sco saying they are going to file another law suit, this is more than the microsoft monopoly. This is what you can and can't do, and it is justified that the government gets more attention now, but not the kind it wants.
      </offtopic>
      • by freeweed ( 309734 ) on Sunday February 29, 2004 @01:41PM (#8423551)
        Sitting up in the Great White North (Canada), the general consensus up here is that OBL achieved his goals quite nicely. The terrorists have in fact won, at least as much as they attempted to win from 9/11.

        The very existence of the Patriot Act, the hysteria that resulted from the anthrax scare, the massive delays going on with some flights, the incredibly annoying security checks, the fact that quite simply the life of the average American seems to have changed greatly...

        You folks down there may not realize it, but what we see up here is that the US has changed, changed dramatically, changed permanently, and changed for the worse. The fact that the word "terrorism" even came up with this guy hacking WebTV is pretty much proof of that.

        Yup, you (and we, in the larger global community) let the terrorists win. Now it's up to us to try to reverse some of the damage before it's too late. And I have no idea how to do that, sadly. The best I can come up with is "stop being so damn scared of your own shadow". I think we'll be dealing with these issues for decades to come.
      • by sacrilicious ( 316896 ) <qbgfynfu.opt@recursor.net> on Sunday February 29, 2004 @02:45PM (#8423889) Homepage
        Wasn't that one of their goals? Kill the feeling of safety, security, and common sense to the point that we give up what makes our country the "land of the free?"

        Yes... though we're not "giving up" these freedoms, they're being taken from us. By Bush, Ashcroft, and the congress. If Bush gets re-elected, THEN the phrase "giving up" will truly apply.

  • by prichardson ( 603676 ) on Sunday February 29, 2004 @10:34AM (#8422529) Journal
    Messing with an emergency number is really stupid. Not only do you waste people's time, but you may end up causing a real emergency to be left unheard. I don't think it's terrorism, but definitely criminal negligence. I honestly feel that this person should be put into prison.
    • Thank you! Everyone else on this is just posting "it's not terrorism" or "it was just a joke". I agree, this guy should be thrown in the slammer or put adrift at sea or something. If he hasn't learned that 911 is an EMERGENCY number by now, he has a serious learning disability. He could have had it dial up a 1-900 number or something. It would have been much less damaging to everyone else in the city.
      • by SmallFurryCreature ( 593017 ) on Sunday February 29, 2004 @11:09AM (#8422723) Journal
        What some people are questioning is wether the right crime is being used. You don't convict a shop lifter of arson. A speeder of drinking and so on.

        He committed an attack against 911, took over peoples pc's, released a trojan, waster police time. Plenty for a judge to send him to jail. This guy sounds more like an idiot then a hardened criminal and for idiots even a week jailtime is enough.

        Terrorism sounds a bit over the top. Yes the attack was potentially serious but during a recent "flood" (few centimeters of water) you had idiots on tv claiming that 112 (our 911) was unable to respond when they called to have their cellar drained. Hello? Flooded cellar ain't an emergency and all these idiots DID overload 112 and stopped real calls from getting through. Are they all terrorists? No. Deserving a night in jail with a guy called bubba sure. But not terrorists.

    • I agree that he should go to prison. But not under a "cyberterrorism" provision.
    • I agree. There is also another argument, that they are trying to make an example of this person too. If he gets off with a light sentence, then other people with not so great intentions might get the idea of writting an email virus that does just this too. Imagine a MyDoom, that caused each computer it affected to dial up 911 (obviously it would have be not on broadband). The thought of that happening scares me.
  • by Space cowboy ( 13680 ) on Sunday February 29, 2004 @10:36AM (#8422539) Journal
    ... so I guess he gets charged under the Patriot act. I don't condone what he did - he deserves a damn good kicking (metaphorically speaking, of course) for taking time from the emergency services, but a TERRORIST ? WTF ?

    I can't believe there's not a more-appropriate crime to charge the guy with. Is there some sort of requirement to charge him with the most-serious charge you can, in the USA ? Perhaps that would explain it ?

    Simon.
    • If you think what he did (wasting the time of the emergency phone service) is deserving ot some punishment, then you should listen to the 911 tapes at some media-frenzied event such as Columbine or after an earthquake.

      Television news reporters call 911 to get interviews and information. They tie up this operator for sometimes 5-10 minutes asking questions. In that same span the operator could probably have taken 3-5 legitimate calls.

      If a news media reporter calls 911 as a source for a report or interview,
  • by Anonymous Coward on Sunday February 29, 2004 @10:39AM (#8422562)
    Since there isn't a good descriptive phrase yet for someone who deliberately seeks to damage emergency infrastructure (which just happens to be based on a computer in some manner), I'll find "cyber terrroism" acceptable for this.

    Technically speaking, it's about as 'cyber' a crime as splashing a hospital with gasoline and lighting it on fire is a 'chemical' crime, but it's still a deliberate act which put other people in harm's way.

    His penalty? Well, it has to be severe enough that folks learn this is completely unacceptable behaviour and far from a simple prank. Jail for 10 years should do the trick.

    If my own 911 call was blocked because of this goof, I know I sure wouldn't find it harmless. This was potentially life-threatening and served no purpose other than to be maliciously harmful.

    Time to stop treating 'cyber kiddies' as something special just 'cuz they didn't think through the consequences of their actions.
  • *sigh* (Score:5, Insightful)

    by jedi_odin ( 699590 ) on Sunday February 29, 2004 @10:40AM (#8422564) Homepage Journal
    will it ever stop? people definately tend to go crazy once they learn they've been owned or cracked, however this whole thing is more of a prank than terrorism. I wonder, if I was to press one of those call button boxes here on campus for the police and just run away, if I was caught, would I be arrested for terrorism? how about if I pulled the fire alarm in my dorm during a drunken stupor? would I be a terrorist then? overreaction isn't good, just try overreacting when the roads are covered in snow and ice, you'll end up in a ditch.
  • by xanthines-R-yummy ( 635710 ) on Sunday February 29, 2004 @10:44AM (#8422594) Homepage Journal
    Every time "those wackey liberals" make this claim (the one in the subject) the conservatives call it alarmist crap and that civil liberties won't be violated.

    It seems to me that the punishment does not fit the crime here. Yes, I know he hasn't been convicted yet, but if he is, how do think that will affect his life? That will go on every resume and permanent record or whatever for the rest of his life. Would you be willing to hire a convicted Cyber Terrorist? I think it's safe to say his life might be ruined. Sure he should be punished, but not of Cyberterrorism.

    Does anyone else think this is cruel/unusal punishment? You know, that 8th ammendment thing?(IF he is convicted of course! But appears he likely will be!)

  • by hillct ( 230132 ) on Sunday February 29, 2004 @10:45AM (#8422598) Homepage Journal
    While you can certainly argue in favor of prosecuting someone who endangers public safety, I'm more concerned about the company that allowed such a security hole to exist. Why isn't there a PKI infastructure around configuration changes in the MsnTV firmware? Why aren't scripts that change user settings required to be signed? At some point the vendors who provide these infarior and dangerous products must be held liable. Recently, slashdot had a with a quote from one of the heads of Microsoft security [slashdot.org] who said that in the case of Windows (where patch application is optional) We have never had vulnerabilities exploited before the patch was known'. In the case of NsnTV, firmware updates are not optional, and the fact that an update still doesn't exist which would authenticate scripts that change user settings, is extremely telling. Is it that it never occured to Microsoft that settings changes should be validated? That scripts which perform cuch changes should be signed or otherwise secured? Unbelievable...

    --CTH
    • Unbelieveable? (Score:5, Insightful)

      by roystgnr ( 4015 ) <roy AT stogners DOT org> on Sunday February 29, 2004 @11:11AM (#8422739) Homepage
      What exactly is so hard to believe? Does my Red Hat box refuse to let a script edit ifcfg-ppp0 until it sees a GPG signature? Does OS X prevent you from installing a modem unless you're dialing an Apple-approved phone number? Could any company sell a product which refused to let users make arbitrary changes to their own settings, and not be rightfully reviled for it on Slashdot?

      Are you just hunting for the (+1, anti-Microsoft) mod points?
      • Re:Unbelieveable? (Score:3, Insightful)

        by hillct ( 230132 )
        The question is why is there no PKI infastructure in place to require SCRIPTS that run on the MsnTV embedded hardware platform to be signed so the user can make an informed choice? My proposal is relates only to scripted changes to user confuration changes. Manual changes made by the user to his/her own settings should be made through a secure interface, whether that be done through PKI or some other means.

        As for the previous poster's examples of a Linux box or a Mac OS X, neither of these system are embe
  • by Zakabog ( 603757 ) <.moc.guamj. .ta. .nhoj.> on Sunday February 29, 2004 @10:48AM (#8422620)
    I know this is really stupid, and the person shouldn't be labeled a cyber terrorist but what if this was a real act of terrorism? What if a terrorist decided to do something like this on a much larger scale?

    If some sort of worm was on the internet changing peoples dialup numbers to 911, would we then claim it was an act of terrorism? How large does an attack have to be before it's labeled as terrorism?

    Keep in mind I am NOT saying what he did was terrorism, I am just asking, if this affected 21,000 computers instead of 21 would we still feel it wasn't terrorism?
    • by gerardrj ( 207690 ) on Sunday February 29, 2004 @10:54AM (#8422652) Journal
      This wasn't an "attack"
      Any number of modified systems should not be labled terrorism. Terrorism is not messing with the public infrastrucure, it's making people terrified. I don't see how even a million affected systems dialing 911 instead of the local number would affect the public terror level.

      This does however bring up a very good point... I've always hated that these "cunsumer devices" like WebTV and my satellite reciever don't display the phone number they are dialing on the screen.

      Issues like this would be eliminated if the system displayed "dialing 867-5309" then waited 5 seconds before doin g so, with a "press any key to not dial" message.
      • Terrorism is not messing with the public infrastrucure, it's making people terrified.

        Huh? I can think of few things more terrifying than someone "messing with the public infrastructure"! Tainted water supply. No 911 response. No dial-tone or even cell-signal to even try to dial 911. No electricity.

        These of the sorts of things that can cause mass confusion, panic, and death. Sounds pretty terrifying to me.
      • I don't see how even a million affected systems dialing 911 instead of the local number would affect the public terror level.

        In a mugging-gone-terribly-bad, you've been shot and you have two broken legs. The perpetrators think you're dead, but you're really just lying immobile in the next room, near a phone. The perpetrators are in the process of raping and torturing your wife; your mother is next. You quietly lift the phone receiver and dial 911 as silently as possible. Busy signal.

        Terrified yet
    • by JayBlalock ( 635935 ) on Sunday February 29, 2004 @11:44AM (#8422920)
      Keep in mind I am NOT saying what he did was terrorism, I am just asking, if this affected 21,000 computers instead of 21 would we still feel it wasn't terrorism? This is why the government is supposed to exercise good fricking judgement in the prosecution of cases. OF COURSE if it was a deliberate attempt to disable 911 through thousands of prank calls, that would qualify as terrorism. There are degrees of scale here, and also of intent.

      That's sort of like saying, if it's not terrorism to blow up a small firecracker in a men's room, then it shouldn't be terrorism to blow up a large load of TNT.

      This is one of the things that truly scares me about our country at the moment. We have an Attorney General who has directed state prosecutors to always seek the maximum sentence possible, and to never plea-bargain unless it's a case where the person is rolling over to indict someone bigger than him. The Justice department is trying to make laws into absolute things - no sense of jurisprudence, no making the punishment fit the crime. Just, these are the laws, and THEIR rule is absolute, with no possibility of human compassion or understanding entering into the system. Don't bother trying to rehabilitate or teach a social lesson, just lock up anyone who transgresses.

      In the long run, an attitude like that will always lead to absolutism, and therefore, authoritarianism. This progression has been followed in pretty much every applicable case in history. It's just started leaning that way in America, and it's far from the point of no return. But it's still something we have to watch, and have to fight against, lest the problem grow.

  • by jpellino ( 202698 ) on Sunday February 29, 2004 @10:50AM (#8422636)
    yes, this guy's an idiot.
    yes, he should be prosecuted for what he did
    however, there are plenty of existing laws on the books that can punish him for screwing with 911 - use them.
    this is too-bad-cop - a bit like the teacher in whale rider who tells the boys their dicks will fall off if they don't obey him - just deal with the situation and let the laws work.

    but a few years down the line, the hs dept is going to have to show some deliverables - and one of them will be how many people were prosecuted under terrorism laws, and this sort of thing helps raise the count.

    in that regard patriot could end up being the rustproof undercoating of the law enforcement world - make sure you try and tag it on top anything you can...
  • by Anonymous Coward on Sunday February 29, 2004 @10:52AM (#8422641)
    911 would really only have to worry about an extra 10-15 calls a day.
  • by portwojc ( 201398 ) on Sunday February 29, 2004 @10:53AM (#8422649) Homepage
    With the calls going to 911 it can easily be put in the category of endangering public saftey. Since it's easy to assume that the machines make the calls late at night.

    3:21am
    911 operater: Hello
    caller: Dead air

    In this situation what do they do? They dispatch.

    So with this great new wonderful bill they get to tack on more to something that already had a stiff penalty.

    What possesed this guy to do this anyway? Come on "I'll hack it to call 911". That's just asking for them to hunt you down.
  • In other news... (Score:3, Insightful)

    by op00to ( 219949 ) on Sunday February 29, 2004 @10:58AM (#8422675)
    A 3 year old was sent to Guantanamo Bay after mashing random numbers on a telephone and reaching 911.

    Overboard a bit? Not EVERYTHING is terrorism. Shit, this post is terrorism. Shit, that last statement was terrorism. I better hide.

  • Bullshit (Score:3, Insightful)

    by zachjb ( 221132 ) on Sunday February 29, 2004 @11:01AM (#8422684)
    Isn't it funny that something like this, in the past, would have not been considered terrorism? This was just a prank that went too far. It wasn't fair to the police for getting the prank to their 911 line. Their business line, yes, but not the emergency line. Does anyone think this have a different outcome if he had it go to their "business" line instead?

    Also, I have seen others say the script relied on the stupidity of the person's foes. The guy had no motive to do anything after the fact, so how did it endanger public safety? Shouldn't the police be able to handle a few false calls to their emergency system? You think that prank calls to 911, as sad as they are, would be built into the equation of deciding how many people they need on shift in order to cover their district.

    I guess this is just another overreaction by our lovely government.
    • Re:Bullshit (Score:4, Insightful)

      by cookiepus ( 154655 ) on Sunday February 29, 2004 @12:16PM (#8423079) Homepage
      Isn't it funny that something like this, in the past, would have not been considered terrorism? This was just a prank that went too far. It wasn't fair to the police for getting the prank to their 911 line. Their business line, yes, but not the emergency line. Does anyone think this have a different outcome if he had it go to their "business" line instead?

      No, it's not funny. And yes, it would have been different if the script dialed a non-emergency number. He's being charged with endangering lives because having a punch of people rediling 911 with their modems could do just that. He's not charged with murder because obviously his activities didn't lead to some frantic call for help being ignored. 911 is serious business and the authorities are right about beeing serious about prosecuting it severely.

      Also, I have seen others say the script relied on the stupidity of the person's foes. The guy had no motive to do anything after the fact, so how did it endanger public safety? Shouldn't the police be able to handle a few false calls to their emergency system? You think that prank calls to 911, as sad as they are, would be built into the equation of deciding how many people they need on shift in order to cover their district.

      And this is probably the case. However, I am willing to bet that 911 has followup policies, ie, when someone calls them and doesn't speak (like a modem that doesn't hear another modem) they probably have to call back to investigate, log it in some special way, or whatever. Maybe there's even some script that says "if you get calls from a certain number a few times but the person is not speaking, assume they are having a hear attack and send an ambulance" or something like that. The bottom line is that messing with 911 is stupid and dangerous.

      I guess this is just another overreaction by our lovely government.

      What would you like them to do? Give this guy candy and pat him on the back saying "we know you're a good guy. we really don't mind a few hundred random phonecalls. those guys are dicks anyway"

      ?

  • 18 Foes? (Score:5, Funny)

    by mikeboone ( 163222 ) on Sunday February 29, 2004 @11:17AM (#8422774) Homepage Journal
    sent it to his eighteen foes

    Wow, I don't know anyone who has WebTV and this guy knows 18, all of whom happen to be foes!

    Oh yeah, and if you're dialing 911 for your internet access, how is the evil program supposed to post your browser logs to a website?
  • Terrorism? Wtf? (Score:4, Interesting)

    by Epistax ( 544591 ) <epistax @ g m a il.com> on Sunday February 29, 2004 @11:21AM (#8422795) Journal
    Doesn't "terrorism" imply a very specific intention in the crime? I'm not going into whether the reason for a crime should affect the sentence, but surely it affects what you call it! This is like confusing manslaughter with wrongful death with first/second degree murder.
    Terrorism is disruption of public services? So if bus drivers in a city strike, they're terrorists. If someone plays a prank on a local pool causing them to close, they are a terrorist.

    This is one of the many words that take on new meanings every week. Someone define this thing before it goes even more out of control. While the person did interrupt emergency services, what was their intent? Or is every public nuisance now a terrorist act?
  • prank calls (Score:4, Interesting)

    by nut ( 19435 ) on Sunday February 29, 2004 @11:25AM (#8422820)
    The only thing this guy is guilty of is making a large number of prank calls to 911. Does this really count as cyberterrorism?
  • by Ozric ( 30691 ) on Sunday February 29, 2004 @11:25AM (#8422827)
    Some dude cut me off in traffic and because I am a law minding citizen I deem it was an act of Domestic Urban Terrorism. I was so frightened by the way they were driving. It put the fear and terror in to minds of anyone driving on that public throughfare.
  • Terrorism?! (Score:4, Insightful)

    by tehanu ( 682528 ) on Sunday February 29, 2004 @11:35AM (#8422868)
    This doesn't even match the US government's definition of terrorism.

    From a Science article:

    According to the U.S. Department of State report Patterns of Global Terrorism 2001 (1), no single definition of terrorism is universally accepted; however, for purposes of statistical analysis and policy-making: "The term `terrorism' means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience." Of course, one side's "terrorists" may well be another side's "freedom fighters" (Fig. 1). For example, in this definition's sense, the Nazi occupiers of France rightly denounced the "subnational" and "clandestine" French Resistance fighters as terrorists. During the 1980s, the International Court of Justice used the U.S. Administration's own definition of terrorism to call for an end to U.S. support for "terrorism" on the part of Nicaraguan Contras opposing peace talks.

    For the U.S. Congress, "`act of terrorism' means an activity that--(A) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and (B) appears to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping." (2). When suitable, the definition can be broadened to include states hostile to U.S. policy. ...The concept of "terror" as systematic use of violence to attain political ends was first codified by Maximilien Robespierre during the French Revolution. He deemed it an "emanation of virtue" that delivers "prompt, severe, and inflexible" justice, as "a consequence of the general principle of democracy applied to our country's most pressing needs."
  • by libra-dragon ( 701553 ) on Sunday February 29, 2004 @01:04PM (#8423370)
    People, it isn't like he just affected one or two MSN TV users. He affected all 21 users of MSN TV.
  • Missing the point. (Score:4, Informative)

    by dangermouse ( 2242 ) on Sunday February 29, 2004 @01:55PM (#8423635) Homepage
    The guy is not a terrorist, but he should absolutely be charged under the "cyberterrorism" provisions of the USA PATRIOT Act. If you read those provisions [epic.org] (Section 814), you'll see that they amend the US Code in a way that is perfectly reasonable and valid for combatting cyberterrorism. However, the acts proscribed need not be committed by terrorists to be harmful to society, so what the hell is wrong with charging him under this law?

    If you look at the US Code [cornell.edu] as amended by the USA PATRIOT Act, you'll see exactly what he's being charged with:

    Whoever intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and by [such] conduct [causes] a threat to public health or safety ... shall be punished as provided in subsection (c) of this section.

    And it seems to me the punishment prescribed in section (c) for the crime above is reasonable and fitting:

    The punishment for an offense under subsection (a) or (b) of this section is ... 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

    In other words, the guy broke a bunch of computers in such a way that he endangered the public safety. If convicted, he gets a fine or up to a year in prison (or both). I fail to see what the problem with this is.

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