Felony For Refreshing a Web Page?[/size]
Posted by Zonk on Friday January 06, @05:15PM
from the dangerous-pixelantes dept.
therandomw writes "An 18 year-old boy was recently arrested in Ohio for telling fellow students to refresh the schools web page in order to slow down the server. He is being charged with a felony and is currently being held in jail. According to Canton City Prosecutor Frank Forchione 'This new technology has created a whole wave of crimes, and we're just trying to find ways to solve them.'"
Also further down the page if you read the comments.
Please show damages
by jnaujok (804613) on Friday January 06, @06:59PM (#14413465)
Excuse me for pointing this out, but where exactly are the damages that relate to this felony. If this kid finds a lawyer with even an ounce of brains, the court case should last thirty seconds.
Lawyer: Why do you have a web site?
School: So the public can access it.
Lawyer: So, is the same machine running it today?
Lawyer: Does it run on the same connection?
Lawyer: And it runs the same software, with the same data?
Lawyer: So, in fact, nothing was erased or altered on the machine in any way? Correct?
Lawyer: Did your service provider charge you with any extra fees?
Lawyer: So, apart from a handful of extra traffic, which you admit slowed down but did not stop, damage, or destroy hardware, software, or data, and which did not cost you any extra money, you had not other damages?
School: Uhm, well, I guess that's correct.
Lawyer: Tell me, do you sue the driver in front of you if he slows down, or charge the slow walking grandmother holding up the line with a felony?
School: Uhm, no.
Lawyer: Tell me, if all the phone lines are in use at the school because people are calling them, is that a felony? Are prank calls a felony?
School: Er, no.
Lawyer: So, your basis for the "damage" in this case is that a student basically asked his friends to "call-up" the computer until you had a busy signal.
Lawyer: In fact, your entire web site listed less than 900 hits before it was Slashdotted into oblivion. Tell me, have you started legal proceedings against the news agency that took the story national, or Zonk for posting it on Slashdot?
School: Erm, no.
Lawyer: So, you're only willing to harrass young children? To send a child to prison for what amounts to no more than a phone call where they hang up? Is that what you feel is acceptable? Is that, in fact, what you view as teaching our children?
School: Er, do I have to answer that?
Lawyer: Well, you are making me wait, keeping me busy, I might have to file a felony suit against you for that...
btw: This is not too far away from me. This is in Cleveland, Ohio area. Only in Ohio...
Edited by yano, 09 January 2006 - 09:10 PM.