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Reporter likely to be charged for using “view source” feature on web browser

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Re: Reporter likely to be charged for using “view source” feature on web browser

#192
post #152

Earlier quoted context omitted.

The reporter did not access anything they did not have permission to access! It was on a publicly accessible website, posted publicly, for the purpose of public dissemination. The statue is even more restrictive than that- the part you didn't quote: "A person commits the offense of tampering with computer data if he or she knowingly and without authorization or without reasonable grounds to believe that he has such a…

I totally agree with you in principle. Everything the reporter accessed was publicly accessible. That said, it seems like a prosecutor could articulate an argument that the reporter accessed information he had no reasonable grounds to believe he was authorized to access because he deliberately decoded some Base64-encoded strings that the reporter expected to contain sensitive information. Further, that because the re…

When imperfect and unpredictable human beings are involved, nothing is certain.

But I can say with a very high level of confidence that ultimately this case has no legs to stand on.

Re: Reporter likely to be charged for using “view source” feature on web browser

#193
post #18

I don't really like the framing that the reporter is framed for using "view source". This reinforces the idea that the people responsible for this are just uneducated. I'm sure, at this point, someone already explained them. That reporter is a victim of harassment, and that if it wasn't for "view source", it could be for some unrelated stuff. It's the same as protesters being arrested for all kinds of bogus reasons,…

This whole story honnestly paints a very bleak picture of the state of Missouri. Honnestly, if I was a young, college educated innovator would that make me more likely to move to Missouri (or stay there) or move out of state? Is Missouri attracting talent with these policies and practices?

As a Missourian, it's honestly embarrassing and increases my distaste for the land where I grew up and still live.

Re: Reporter likely to be charged for using “view source” feature on web browser

#194
post #164

We are very much on the slippery slope of elected officials making prosecutors punish people they don't like. Short hop and a jump to Putin like rule. We are not going in the right direction in the US.

> We are very much on the slippery slope of elected officials making prosecutors punish people they don't like. Are you living under a rock? This has been happening for a while.

Appreciate the insult, hope it makes you feel good about yourself.

Re: Reporter likely to be charged for using “view source” feature on web browser

#195
post #150

Earlier quoted context omitted.

What ability do prosecutors have to maneuver their case onto a particular judge's docket? How would they do that?

You talking about the cops, the DA, and the judge that eat lunch at the same table, attend the same parties, and go to the same church? You tell me how indirect influences could possibly happen in separated and just legal system. Sorry for the snark, but your post seems very naive on how the legal system works.

Thank you for the explanation. Yes, I know almost nothing about how the legal system works.

Re: Reporter likely to be charged for using “view source” feature on web browser

#196
post #124

Earlier quoted context omitted.

It will still end up costing this person tons of legal fees and probably years of stress to get there though.

Not only legal fees (which probably will be covered by someone else in this case) but mandatory court appearances that are scheduled antagonistically and punitively. The punishments for missing these dates are among the most extreme and disproportionate in the whole system. (With no due process, and COVID infections for all.)

Yep. As I understand, many innocent people take guilty pleas because the time cost of court appearances is unbearable or will cost them their job. I've become pretty jaded about the justice system as I've learned more about it.

Re: Reporter likely to be charged for using “view source” feature on web browser

#197
post #152

Earlier quoted context omitted.

I totally agree with you in principle. Everything the reporter accessed was publicly accessible. That said, it seems like a prosecutor could articulate an argument that the reporter accessed information he had no reasonable grounds to believe he was authorized to access because he deliberately decoded some Base64-encoded strings that the reporter expected to contain sensitive information. Further, that because the re…

> For every objection that is coming to your mind reading this, think to yourself whether you are confident you could convince a tech-illiterate prosecutor (who is looking to "hold fake news accountable") to see things your way. Ask the prosecutor if sharing stolen Base64-encoded SSNs would be _legal_ because Base64-encoding makes them _different information_ than the original SSNs. You won't be able to convince the…

If that the data was encrypted in a way that was easy to defeat, and the reporter specifically decrypted the data using a method that would not be generally available or known to a layperson without having specific tech knowledge…that reporter is going to have a tough time defending against a “hacking” claim—especially in a state with an overly broad legal definition about accessing unauthorized data. They capitalized on the data and benefitted by writing a story about it.

As a juror your job is to convict or acquit based upon the law and jury instructions given to you. Your job is not to convict or acquit based upon your opinion on what the law should be.

Re: Reporter likely to be charged for using “view source” feature on web browser

#198

Earlier quoted context omitted.

> For every objection that is coming to your mind reading this, think to yourself whether you are confident you could convince a tech-illiterate prosecutor (who is looking to "hold fake news accountable") to see things your way. Ask the prosecutor if sharing stolen Base64-encoded SSNs would be _legal_ because Base64-encoding makes them _different information_ than the original SSNs. You won't be able to convince the…

If that the data was encrypted in a way that was easy to defeat, and the reporter specifically decrypted the data using a method that would not be generally available or known to a layperson without having specific tech knowledge…that reporter is going to have a tough time defending against a “hacking” claim—especially in a state with an overly broad legal definition about accessing unauthorized data. They capitalize…

The data wasn't encrypted at all.

I suppose it's true, though, that poorly-encrypted ciphertext still contains the original information as the plaintext.

Encryption has the clear intent of removing all the plaintext information from ciphertext, producing a random string that is useless without a secret key, but this may fail, and then the plaintext information remains.

However, encoding information (in Base64 or otherwise) has the intent of removing no information.

My original formulation of argument was flawed, since it made no reference to or distinctions of intent.

Re: Reporter likely to be charged for using “view source” feature on web browser

#199
post #196

Earlier quoted context omitted.

Not only legal fees (which probably will be covered by someone else in this case) but mandatory court appearances that are scheduled antagonistically and punitively. The punishments for missing these dates are among the most extreme and disproportionate in the whole system. (With no due process, and COVID infections for all.)

Yep. As I understand, many innocent people take guilty pleas because the time cost of court appearances is unbearable or will cost them their job. I've become pretty jaded about the justice system as I've learned more about it.

Yes, and also, the plea bargains on offer usually provide a huge reduction from the maximum risk from being found guilty. Not uncommon: plead guilty and pay $100 fine, or be found guilty and go to jail for up to 1 year. The guilty and the innocent alike are given as many reasons as possible to plead guilty.

Re: Reporter likely to be charged for using “view source” feature on web browser

#200
post #34

Earlier quoted context omitted.

Craig Murray only just got out of prison for court reporting while not part of the proper crowd, so is it really that different over there?

Didn't Craig Murray go to prison for contempt of court? As Wikipedia recalls it, a judge in a sexual harassment and attempted rape trial issued an order to keep the accusers anonymous. Mr Murray was found to have broken that order. Unless you want to elaborate on the specifics, I think your comment is without merit

"Jigsaw identification" is a nebulous broad claim that could have been applied equally to any reporting on the trial, but was only applied to one independent journalist who has been critical of the state.
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