Kernell gets Dragged through the Courts
When small time hacker David C. Kernell broke in to, then McCain running mate, Sarah Palin’s Yahoo email account, I don’t think he was thinking about the consequences. He now sits in court facing some pretty scary charges – just don’t call him a hacker…
Kernell’s defence attorneys have filed a heap of documents that say Kernell should not be tried as a hacker per say, “Because of the negative connotations evoked by these terms, there is a significant danger of unfair prejudice, confusion of the issues, and misleading the jury.”
His lawyers believe that the terms “hacker” and “hacking” have no place in the court case, under the law Kernell is accused of breaking. They say that, “Hackers are commonly portrayed as dangerous criminals who are involved in malicious conduct such as credit card fraud, stealing, intentional disruption of legitimate activities and causing economic damages.”
Kernell caused a media storm when he hacked into Palin’s account when he used readily available information to hack into the Alaskan Governors account. His lawyers say that hackers use “sophisticated means or specialised computer skills”, and that that does not apply to this particular case.
The majority of computer security specialists don’t see that calling Kernell a hacker is justified. With one security expert saying that hacking into the governor’s account was, “something that a teen can figure out, rather than an advanced professional.”
The defence attorneys have posted three defense motions since Kernell was indicted back in October for breaking in to a protected computer without authorization. Kernells father is a Democratic state lawmaker, and looks to be pulling his resources to mount a defense that is more than most computer-crime cases.
One of the motions argues that prosecutors charged Kernell with a felony, hen in fact he should have been charged with a misdemeanour. Under the current law, breaking into someone else’s computer should be classified as a misdemeanour, except for when it is used to enhance a crime.
Jennifer Granick, staff attorney for the Electronic Frontier Foundation, thinks the indictment as “very strangely pled and circular”.
“It’s not surprising given the nature of the charges and given the quality of the indictment that the defendant would see a real opportunity here to make some points in favour of the defendant,” she said
A further motion filed by the defence is seeking to push the trial date from December 16th to next year. To this point the judge has not made a decision on any of the motions, but its fair to say this one will drag on for a while.














In a galaxy not so far away, Red Hat has inextricably linked the worlds of Star Wars and open source, as the president of George Lucas’ Lucasfilm Ltd., Micheline Chau, has joined Red Hat’s board of directors.