More what to do if you are
busted...
Q. OUTSTANDING WARRANTS
If you have an outstanding warrant or charges pending in another
jurisdiction you would be wise to deal with them as soon as possible
-after- you are sentenced. If you follow the correct procedure
chances are good the warrants will be dropped (quashed). In the
worst case scenario, you will be transported to the appropriate
jurisdiction, plead guilty and have your "time run concurrent."
Typically in non-violent crimes you can serve several sentences
all at the same time. Many Federal inmates have their state time
run with their Federal time. In a nutshell: concurrent is good,
consecutive bad.
This procedure is referred to as the Interstate Agreement
On Detainers Act (IADA). You may also file a "demand for
speedy trial", with the appropriate court. This starts the
meter running. If they don't extradite you within a certain period
of time , the charges will have to be dropped. The "Inmates'
Self-Help Litigation Manual" that I mentioned earlier covers
this topic quite well.
R. ENCRYPTION
There are probably a few of you out there saying, "I
triple DES encrypt my hard drive and 128 character RSA public
key it for safety." Well, that's just great, but... the Feds
can have a grand jury subpoena your passwords and if you don't
give them up you may be charged with obstruction of justice. Of
course who's to say otherwise if you forgot your password in all
the excitement of getting arrested. I think I heard this once
or twice before in a Senate Sub-committee hearing. "Senator,
I have no recollection of the aforementioned events at this time."
But seriously, strong encryption is great. However, it would be
foolish to rely on it. If the Feds have your computer and access
to your encryption software itself, it is likely they could break
it gi ven the motivation. If you understand the true art of code
breaking you should understand this. People often overlook the
fact that your password, the one you use to access your encryption
program, is typically less than 8 characters long. By attacking
the access to your encryption program with a keyboard emulation
sequencer your triple DES/128 bit RSA crypto is worthless. Just
remember, encryption may not protect you.
S. LEGAL SUMMARY
Before I move on to the Life in Prison subpart, let me tell
you what this all means. You're going to get busted, lose everything
you own, not get out on bail, snitch on your enemies, get even
more time than you expected and have to put up with a bunch of
idiots in prison. Sound fun? Keep hacking. And, if possible, work
on those sensitive .gov sites. That way they can hang an espionage
rap on you. That will carry about 12 to 18 years for a first time
offender.
I know this may all sound a bit bleak, but the stakes for
hackers have gone up and you need to know what they are. Let's
take a look at some recent sentences:
- Agent Steal (me) 41 months
- Kevin Poulsen 51 months
- Minor Threat 70 months
- Kevin Mitnick estimated 7-9 years
As you can see, the Feds are giving out some time now. If
you are young, a first-time offender, unsophisticated (like MOD),
and were just looking around in some little company's database,
you might get probation. But chances are that if that is all you
were doing, you would have been passed over for prosecution. As
a rule, the Feds won't take the case unless $10,000 in damages
are involved. The problem is who is to say what the loss is? The
company can say whatever figure it likes and it would be t ough
to prove otherwise. They may decide to, for insurance purposes,
blame some huge downtime expense on you. I can hear it now, "When
we detected the intruder, we promptly took our system off-line.
It took us two weeks to bring it up again for a loss in wasted
manpower of $2 million." In some cases you might be
better off just using the company's payroll system to cut you
a couple of $10,000 checks. That way the government has a firm
loss figure. This would result in a much shorter sentence. I'm
not advocating blatant criminal actions. I just think the sentencing
guidelines definitely need some work.
More what to do when
you are busted--->>