Jay Leiderman Quoted: we are weev

Jay Leiderman
By: Jay Leiderman
November 18 2016

This article examines Andrew “weev” Aurenheimer’s case in between his conviction and his victory on appeal.  He was convicted of aggravated identity theft and sentenced to 41 months in federal prison.  He served 19 months before his release after his appeal.  weev, via his company “Goatse Security” found a gaping hole in AT&T’s original iPad and turned the information over to Gawker.  He was prosecuted for releasing the names of those affected by AT&T’s poor security. I have only excerpted the parts where I am quoted.  The full article can be found here: http://suicidegirls.com/news/culture/25394/We-Are-Weev/

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These days, it’s kinda like your computer illiterate granddad is laying down the law on the internet. Only worse. Cause your computer illiterate granddad doesn’t have the power to send your ass to jail for longer than most rapists for the crime of clicking on the wrong http link. Which is something the US government is trying to do. Fo’ realz. Yep. That.

Case in point. Andrew Alan Escher Auernheimer, a.k.a. @rabite, a.k.a. Weev. He’s just been found guilty on one count of not actually hacking anything and one count of having a list of email addresses, even though no one bothered to prove he ever actually had ’em, tho everyone agrees his mate did. Confusing right? You can totally imagine Gramps throwing his hands in the air at this point and saying to hell with this good-for-nothing with two too many silly-ass names – which is pretty much what the US government is doing.

Part of the problem is that the laws Andrew Alan Escher Auernheimer, fuck it, let’s just call him Weev, has been found guilty of violating – which came into being under the 1986 Computer Fraud and Abuse Act (CFAA) – predate Hypertext Transfer Protocol, the first documented version of which, V0.9, was codified in 1991. 

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weev
The Computer Fraud and Abuse Act (CFAA) is a horse and buggy law in a jet plane society

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I’m chatting with Jay Leiderman, a chap who knows a thing or three about the law and the internet. He’s an elite California State Bar Certified Criminal Law Specialist-grade lawyer who’s defended several high profile hacktivist types, including Raynaldo Rivera of LulzSec and Commander X of the Peoples Liberation Front. He also happens to be a Twitter ninja, which is how I got to know him. A quick perusal of his @JayLeidermanLaw twitter feed will tell you Jay’s a rare legit legal animal who clearly gets today’s wobbly whirly web, which is why I called him up to discuss Weev’s wobbly whirly situation…

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That might sound rather dramatic, but Jay, my favorite SG-lovin’ lawyer agrees. “Based upon this case, the government’s new position is that you are required to be clairvoyant in terms of determining what a protected computer is and what a non protected one is,” he tells me. “From now on you have to be a psychic…because if it isn’t password protected but it’s a ‘protected computer’ you’re potentially going to be found guilty like Weev was.”

there no reward for helping these companies patch their holes

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“Perhaps the greatest lesson of Weev’s case is that not only is there no reward for helping these companies patch their holes and fix themselves, indeed now you’re going to be facing ten or fifteen years of prison if you do,” says Jay. “What’s the incentive to make these companies more secure? I mean, you’re better off just hacking them now. You’re better off just hacking these companies and not telling them. If you get caught essentially you’re facing about the same punishment anyway so what’s the difference?”

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