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» Film-Tech Forum ARCHIVE   » Community   » Film-Yak   » Hacker Slapped with 9 Year Fed Sentence

   
Author Topic: Hacker Slapped with 9 Year Fed Sentence
Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 12-16-2004 01:40 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
From time to time I have griped about the law enforcement community needs to stop pussy-footing around about computer related crime and start punishing the hell out of it. Well, here's one case where they have finally done it. This story put a smile on my face.

http://www.theregister.com/2004/12/16/long_prison_term_for_lowes_hacker/

quote:
Michigan Wi-Fi hacker jailed for nine years
By Kevin Poulsen, SecurityFocus
Published Thursday 16th December 2004 11:26 GMT

A 21-year-old Michigan man was sentenced to nine years in federal prison yesterday in federal court in Charlotte, North Carolina for his role in a failed scheme to steal credit card numbers from the Lowe's chain of home improvement stores by taking advantage of an unsecured Wi-Fi network at a store in suburban Detroit.

Brian Salcedo faced a possible sentence of 12 to 15 years under federal sentencing guidelines, but at the government's urging federal judge Lacy Thornburgh gave the hacker credit for helping out his former victim following his guilty plea last June, according to the prosecutor on the case.
Click Here

"He provided assistance to Lowe's," says assistant US attorney Matthew Martens. "He met with the corporation to help them understand the vulnerabilities in their system and how they can improve and protect themselves from hackers in the future."

Salcedo's partner in the caper, 21-year-old Adam Botbyl, has also pleaded guilty and is scheduled for sentencing Thursday. He faces 41 to 51 months in prison - a sentence that could also be reduced if he's given credit for co-operating. In an interview last August, Botbyl told SecurityFocus he regretted participating in the scheme. "It's going to take a lot to start to get my reputation back," he said. "This has messed up my entire life for at least 10 or 15 years. It'll be at least 2010 before I can even touch a computer again."

It was Botbyl who first stumbled across an unsecured wireless network at the Southfield, Michigan Lowe's in the spring of 2003, while he and a roommate were driving around charting wireless networks with their laptop computers - the geek sport of "wardriving".

Six months later, Botbyl and his friend Salcedo - who was on the last month of a three year probation term from a juvenile computer crime conviction - hatched a plan to use the network to steal credit card numbers from the hardware chain, according to court records.
Wi-Fi Stakeout

The hackers used the wireless network to route through Lowe's corporate data center in North Carolina and connect to the local networks at stores in Kansas, North Carolina, Kentucky, South Dakota, Florida, and two stores in California. At two of the stores - in Long Beach, California and Gainseville, Florida - they modified a proprietary piece of software called "tcpcredit" that Lowe's uses to process credit card transactions, building in a virtual wiretap that would store customer's credit card numbers where the hackers could retrieve them later.

At some point, Lowe's network administrators and security personnel detected and began monitoring the intrusions, and called in the FBI. In November, 2003 a Bureau surveillance team staked out the Southfield Lowe's parking lot and spotted the two hackers working from Botbyl's Pontiac Grand Prix.

After 20 minutes, the pair quit for the night, and the FBI followed them to a Little Ceasar's pizza restaurant, then to a local multiplex. While the hackers took in a film, Lowe's network security team pored over log files and found the bugged program, which had collected only six credit card numbers.

The FBI eventually arrested Botbyl, Salcedo, and Botbyl's roommate, Paul Timmins, and charged them as conspirators. Timmins was later exonerated, but plead guilty to a misdemeanor for checking his e-mail over Lowe's network.

Even reduced, Salcedo's prison term is unusually harsh for a computer crime. The sentence is based largely on a stipulation in Salcedo's plea agreement with prosecutors that the losses in the abortive caper would have exceeded $2.5m. "The damage that Mr. Salcedo could have caused the consumers if he was successful could have been astounding," says prosecutor Martens.

Salcedo's defense attorney, Samuel Winthrop, did not return phone calls.

With credit for time served and good behavior, Salcedo will be eligible for release in the fall of 2011.


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Leo Enticknap
Film God

Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000


 - posted 12-16-2004 02:09 PM      Profile for Leo Enticknap   Author's Homepage   Email Leo Enticknap   Send New Private Message       Edit/Delete Post 
quote:
Even reduced, Salcedo's prison term is unusually harsh for a computer crime.
But I'd imagine it's around average for making a serious attempt to steal $2.5 million. It's good to see that the authorities are going after criminals who have the potential to cause real damage rather than easy target spotty teenage hackers whose activities are irritating but rarely anything more. Nice one FBI! [thumbsup]

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 12-16-2004 08:54 PM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
then to a local multiplex. While the hackers took in a film,

There's your solution: Close all theatres.

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William Hooper
Phenomenal Film Handler

Posts: 1879
From: Mobile, AL USA
Registered: Jun 99


 - posted 12-17-2004 02:03 AM      Profile for William Hooper   Author's Homepage   Email William Hooper   Send New Private Message       Edit/Delete Post 
That was a bitter in-joke in the musical 1776 -- There's a bit where the Continental Congress is reading boring motions & one of the representatives is droning a proposal for inclusion in the Aritcles of Association:

"will discountenance and discourage every species of extravagance and dissipation, especially all horse-racing,"

Bit with booing from the other characters, & the play moves on to something which advances the plot. The whole motion was:

"We will, in our several stations, encourage frugality, economy, and industry, and promote agriculture, arts and the manufactures of this country, especially that of wool; and will discountenance and discourage every species of extravagance and dissipation, especially all horse-racing, and all kinds of games, cock fighting, exhibitions of shews, plays, and other expensive diversions and entertainments;

Which passed, was in the Articles of Association. Yep, the Continental Congress closed all the theatres. From 1774 until practically speaking 1784. Buncha jerks.

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Thomas King
Expert Film Handler

Posts: 119
From: Sheffield, Yorkshire, England
Registered: Oct 2004


 - posted 12-17-2004 10:53 AM      Profile for Thomas King   Author's Homepage   Email Thomas King   Send New Private Message       Edit/Delete Post 
It's like in that movie; "Hackers".

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Kris Brunton
Expert Film Handler

Posts: 108
From: Napanee, Ontario, Canada
Registered: Apr 2000


 - posted 12-17-2004 11:35 AM      Profile for Kris Brunton   Email Kris Brunton   Send New Private Message       Edit/Delete Post 
quote:
"He provided assistance to Lowe's," says assistant US attorney Matthew Martens. "He met with the corporation to help them understand the vulnerabilities in their system and how they can improve and protect themselves from hackers in the future."


Well at least he made them understand that there system was unsecure.

Punishment seems a little harsh but on the other hand some sort of example needs to be set.

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 12-17-2004 09:56 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
I think the 9 year federal sentence is pretty fair. In fact, I think the guy got off light. If some other crook conducts credit card fraud in "analog" form he could get just as much, if not more, prison time.

The situation is a little similar to the stupid problem that has long existed in our criminal justice system. If you rob $20 from a 7-Eleven you can get 20 years. Rob 200 million from some investors and you might do 2 years (and then make a ton of money anyway on the book tour/speaking circuit).

Robbery and fraud need to be treated very harshly, regardless of whether it is some easy-to-convict poor person doing it or some button down geek doing the same thing with a computer.

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Michael Schaffer
"Where is the
Boardwalk Hotel?"

Posts: 4143
From: Boston, MA
Registered: Apr 2002


 - posted 12-19-2004 07:13 PM      Profile for Michael Schaffer   Author's Homepage   Email Michael Schaffer   Send New Private Message       Edit/Delete Post 
I guess the probation for the prior conviction played a role too. Maybe the 9 years is the sum of both sentences.

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