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DirecTV mole to plead guilty

Mr magoo   on 25 April 2003 - 16:37 · 5 comments & 492 views

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A 19-year-old University of Chicago student accused of leaking the secrets of DirectTV's most advanced anti-piracy technology to hacker websites has agreed to plead guilty to violating the rarely used 1996 Economic Espionage Act. Igor Serebryany is scheduled to appear Monday in federal court in Los Angeles to enter a guilty plea, as part of a plea agreement reached between defense attorneys and prosecutors last week, lawyers for both sides confirmed Wednesday. The plea deal does not stipulate a sentence, which will be governed by federal guidelines, according to the prosecutor in the case.

Passed to meet the perceived threat of foreign espionage against American companies, the Economic Espionage Act carries harsh penalties for stealing trade secrets for personal financial gain, or for a third party's economic benefit. For the first five years of its existence the law could only be used with approval from the Justice Department in Washington -- a limitation that was lifted in March, 2002. Unlike most defendants charged under the act, Serebryany is not accused of having a personal financial motive -- the student was not himself a satellite TV pirate, and he gave the secrets away for free. Even with a plea agreement in place, that the powerful law was leveled against the teen doesn't sit well with Serebryany's defense lawyers. "We have some problems with the fact that this was filed," says Kiana Sloan-Hillier, one of Serebryany's attorneys. "Clearly, it was not [meant] to be used carelessly."

"It's the crime of stealing trade secrets, so it's properly used when trade secrets are stolen," counters prosecutor James Spertus. "I imagine most people who steal get paid for it, or somehow profit by it... but it's the theft that's the crime. There's no more appropriate statute to use in this case."

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0.6:
- bumped component version, pre-0.6 components no longer load
- fixed time-display-on-seek-while-paused
- added new statusbar options
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#1 Darkwolven on 25 Apr 2003 - 18:46
The definition of the law doesn't even fit the crime. Nothing like making a square peg fit through a round hole. I don't see how this law applies if it stipulates right in the law the point of financial gain. Sounds to me like they are just trying to make another example out of the kid.
#2 naap51stang on 25 Apr 2003 - 18:54
Even if he hadn't "leaked" the information on the encryption, I doubt it would have slowed down the piracy of satellite TV. I know several friends who have Direct TV (I'm on cable, I don't like the "rain fade" and not getting local TV without jumping through hoops), they use a simple computer program, a small 486 based computer, and have it hard wired into the decoder box. It just sits there 24/7 and finds codes that are valid.
#3 Funaho on 25 Apr 2003 - 23:54
Well the law used only partially fits a precieved description. This was for 3rd party economic benefit listed in addition to the personal financial gain, if I read this correctly. They are using this law to blanket a pinhole which may or may-not exist in the form the law states. The lad is being railroaded into pleading guilty with a law thats questionable. The anti-piracy features on the direct tv were already circumvented but not decoded up until now.
(1 reply) #4 zivan56 on 26 Apr 2003 - 03:07
Lets arrest and charge all programmers for knowing the secrets of the x86 architecture Its amazing what you can get arrested for nowadays.
#4.1 TC17 on 27 Apr 2003 - 03:07
[neoquote=#4.0 by zivan56]Lets arrest and charge all programmers for knowing the secrets of the x86 architecture Its amazing what you can get arrested for nowadays.[/neoquote] I agree. Another problem here in America we also have *many* corrupt people in law enforcement. Even the FBI last year lied to judges to get search warrants, which many people were arrested. I just read this story today about cops in Dallas (Texas of course, as usual), who planted fake drugs to arrest many innocent people. [URL=http://edition.cnn.com/2003/LAW/04/26/fake.drugs.ap/]http://edition.cnn.com/2003/LAW/04/26/fake.drugs.ap/[/URL] America has become the land of Injustice.

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