What Do You Think? Tonight’s Food for Thought.

By | April 13, 2015

Teen Changes Wallpaper On Teacher’s Computer; Gets Charged With A Felony By Sheriff’s Office

from the CFAA:-Teen-Edition dept

Change a teacher’s desktop wallpaper? That’s a felony. (Tampa Bay Times)

The Pasco County Sheriff’s Office has charged Domanik Green, an eighth-grader at Paul R. Smith Middle School, with an offense against a computer system and unauthorized access, a felony. Sheriff Chris Nocco said Thursday that Green logged onto the school’s network on March 31 using an administrative-level password without permission. He then changed the background image on a teacher’s computer to one showing two men kissing.

Seemingly everyone at every level of government wants to talk about cybersecurity. Most of what’s discussed is delivered in the breathless cadence of a lifetime paranoiac. (Won’t someone think of the poor multimillion-dollar studios?!!?) This school is one level of government. So is the sheriff’s office. Both felt the 14-year-old’s actions were severe enough to warrant felony charges. Why? Because somebody hacked something. If you can even call it “hacking…”

Green had previously received a three-day suspension for accessing the system inappropriately. Other students also got in trouble at the time, he said. It was a well-known trick, Green said, because the password was easy to remember: a teacher’s last name. He said he discovered it by watching the teacher type it in.

The teen changed a computer’s wallpaper and was able to do so because the most basic of security precautions weren’t taken. Multiple students took advantage of this lax security to access computers with webcams so they could chat “face-to-face” while utilizing the school’s network.

The school got all bent out of shape because some of the computers accessed contained encryptedtest questions. It turned the student over to law enforcement because it deemed his “breach” of its system too “serious” to be handled by just a 10-day suspension. It had him arrested because of things he could have done, rather than the thing he actually did.

One of the computers Green, 14, accessed also had encrypted 2014 FCAT questions stored on it, though the sheriff and Pasco County School District officials said Green did not view or tamper with those files.

And yet, Sheriff Chris Nocco is still looking to prosecute a 14-year-old for attempting to annoy one of his teachers. Here’s the student’s description of what he did.

“So I logged out of that computer [because that computer didn’t have a webcam] and logged into a different one and I logged into a teacher’s computer who I didn’t like and tried putting inappropriate pictures onto his computer to annoy him,” Green said.

Here’s Sheriff Nocco’s statement:

“Even though some might say this is just a teenage prank, who knows what this teenager might have done,” Nocco said.

Well… you do know what “he might have done,” Sheriff Nocco. And yet, your response to this situation is to hand out felony charges to a teen for something he might have done? Is that the way law enforcement is really supposed to work? [The FBI has issued the following statement: “That’s the way it works for us. Almost exclusively.”]

He told you exactly what he did and why he did it. Your own investigative efforts confirmed he never accessed the oh-so-untouchable FCAT questions. Incredibly, Sheriff Nocco wants to not only punish this student for something he might have done, but any other teens who might do stuff.

The sheriff said Green’s case should be a warning to other students: “If information comes back to us and we get evidence (that other kids have done it), they’re going to face the same consequences,” Nocco said.

Sheriff Nocco: I will arrest and charge teens with felonies for annoying educators and/or exposing their inability to make even the most minimal effort to keep their computers secure. If I lived in this county, I’d be very concerned that law enforcement officials are keen on the idea of arresting and prosecuting teens for stuff they didn’t do (access test questions) or things they might have done (TBD as needed for maximum damage to teens’ futures).

SOURCE: TECHDIRT

8 thoughts on “What Do You Think? Tonight’s Food for Thought.

  1. Carol Ross

    It seems there are 2 wrongs here. The 14 year old for using a system that was not his to use & the school personnel for not securing their system as it should be. This does not excuse the 14 year old. It is a shame that a more fitting punishment cannot be used in this day & age. Such as scrubbing the bathroom sinks at the end of each day for a couple of weeks. It is neither cruel nor inhuman, but certainly embarrassing for a teen. I would guess suspension would be just like a paid holiday for workers & has been needed & used for this kid in the past. As normally is the case, there is probably more to the story than is being told.

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  2. Fred Springer

    As a retired school principal, I would say that the adults in this situation are not acting appropriately.
    A teacher who would use their last name as a password needs to be reprimanded at least verbally.
    A law enforcement officer who would lay a charge influenced by what someone “might have done” needs to be fired, in my opinion.
    By the way , if you think we Canadians are a bit soft, as school principal I could and did suspend a student for “upsetting the moral tone of the school”. That was for smoking off school property ( in front of the school) before school hours.

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  3. JoninOz

    No excuses whatsoever, why should the employee secure the computer, that is the same as why should people have to lock a vehicle and a house.
    Modern society has gone mad, political correctness is the most incorrect system foisted on mankind and punishment for crime is pathetically weak and is no deterrent whatsoever.
    Fault….authorities, too lenient, corruption supreme in politics and the judicial system, parent control is magnamoniously slack, teacher control is not even approved, a large majority of children and juveniles are illiterate, innumerate, cannot write legibly, cannot perform mental arithmetic, and lack the ability to meet socially without alcohol and illegal drugs, and pushing buttons which can be taught to monkeys.
    Primitive tribes have a much better system, run by the Elders, punishment for wrong-doing is extremely severe,
    respect, good manners, consideration, courtesy, honesty, honourability and appreciation of seniors must be obeyed.
    Our so-called modern society is currently in the most decrepit, disgusting, septic, infected place, with negatives in almost every corner of this society.
    I am sickened by the whole disgusting criminal scenarios infecting every move made by honest citizens.

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  4. Muriel.S

    While I agree with JoninOz that it “should” be that way, it isn’t. As for “locking your doors, cars, securing computers in public spaces, and other such things….you’re a fool if you don’t. Most kids today aren’t brought up that way, and sorry to say, too many of todays parents weren’t either. Some parents do a great job, but then the kids go to school and all they think about is “fitting in”. And because of paranoid parents, or those that think THEIR kids are “perfect” when they are not, teachers are restricted in how they can exert discipline.

    I agree with Carol on the situation at hand. The teachers should know better than to be so slack, and definitely should be setting an example….more than that….they should be TEACHING the kids about computer safety and security.

    The boy should be held accountable for his actions. Just because you find a car that isn’t locked, doesn’t mean it’s OK to steal it.

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  5. linda

    Have you heard of the tipping point? The teen needs to put his talents to a better use. We don’t need to poo poo the teen and later find him going onto more serious hacking. There should be an appropriate punishment. I’d like to put all adult hackers in jail.

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  6. Sue

    I think Sheriff Norco’s statement of “who knows what he might have done,” was unfortunate. Especially when law enforcement refuses to take action against a dangerous stalker for something they might do. The kid, however, was trespassing. “Criminal charges, which range from violation to felony, may be brought against someone who interferes with another person’s legal property rights.” I think in this case, with proof of no harm done, the felony charge was too severe. I do believe he should be held accountable, but, because of his age, in such a way that is productive, not damaging, to himself and society. And for sure not just a 10-day suspension/vacation.

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  7. Shirley Woods

    My question is how do we decide whether or not to enforce a felony law on the books. Do we turn our head away if it is a young person. If someone was killed they would have to enforce the felony punishment. These kids have no idea what they are doing to their lives. They need structure, education, and discipline. We have a whole generation without it or any respect for authority. It should be stressed that the law is for all of us, not just certain ones. Under age used to go to a Juvenile facility and be rehabilitated if possible. Now they get away with murder. There are consequences to wrong choices. Invasion of my privacy would have made me livid and set a bad example for the other students as well. He never should have been malicious towards a teacher he didn’t like anyway. If you dance to the tune, you pay the fiddler. Authority and law should be respected.

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  8. Ken Roberts

    Charging with a felony when the basis for it is not there is about as dumb as me at 7AM . (thats pretty dumb) Maybe the sink washing job or some other chore would wake him and the rest of them up . Today kindergarteners get charged with a sex crime if they steal a small kiss, a felony crime if they point their finger at someone , make their lunch into the shape of a gun, it is insane .

    Reply

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