or is this indictment (http://e00.us/kernell/16701062160.pdf) completely retarded?

how is this a felony charge...

Quote :

"defendant DAVID C. KERNELL, in furtherance of the commission of a criminal act in violation of the laws of the United States, including 18 U.S.c. Section 2701 and 18 U.S.c. Section 1030(a)(2), intentionally and without authorization accessed a protected computer by means of an interstate communication and thereby obtained information, and did aid and abet in same."

this was not in furtherance of the commission of a criminal act - the unauthorized access WAS the crime.

the charge that is appropriate in this case (§1030(a)(5)(A)(iii)) carries the following punishment (§1030(c)(2)(A)) :

Quote :

"(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; "

the kicker: it's a misdemeanor instead of a felony this way

zomg it's governor palin! we must bring this guy to justice, no matter how false our accusations are!


p.s.: if you're interested, here's the stuff posted so far in the docket on pacer
http://e00.us/kernell/

[Edited on October 12, 2008 at 2:05 AM. Reason : .]

10/12/2008 2:01:04 AM

lol @ Palin using Yahoo mail to begin with.

10/12/2008 2:07:39 AM

that's what makes the whole thing so ridiculous

let's COMPLETELY IGNORE palin skirting around the freedom of information act

10/12/2008 2:12:29 AM

10/12/2008 2:36:04 AM

Quote :

"this was not in furtherance of the commission of a criminal act - the unauthorized access WAS the crime"

he probably broke a law in tennessee and/or alaska; i.e. he furthered a crime, but not a federal one

[Edited on October 12, 2008 at 2:44 AM. Reason : &]

10/12/2008 2:43:46 AM

nothing he did was involved with alaska in any way

yahoo's servers are located in california, he is located in tennessee.

also, they did not go on to name the crime he committed as a result of this unauthorized access in the indictment - i'd think that would be pretty important to know.

10/12/2008 10:20:08 AM

the real question

how was she allowed to use her personal email to conduct government business, and

who thinks that any yahoo, msn, gmail, hotmail, et al service is completely secure?

10/12/2008 11:20:40 AM

^yup

Quote :

"that's what makes the whole thing so ridiculous let's COMPLETELY IGNORE palin skirting around the freedom of information act"

10/12/2008 2:44:39 PM

You charge the felony, they plead to a misdemeanor; thanks for playing and welcome to the U.S.A.

10/12/2008 3:11:57 PM

Quote :

"also, they did not go on to name the crime he committed as a result of this unauthorized access in the indictment - i'd think that would be pretty important to know."

that's for me to know and you to find out at a later date.

10/12/2008 3:19:10 PM