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Eighth-Grader Arrested, Charged With Cybercrimes for Changing Teacher

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Depicus    976

https://it.ojp.gov/default.aspx?area=privacy&page=1285

 

Using a password that you gained through non-approved methods is illegal.  Wake up.

 

As is speeding but 99% of motorists do it. Your point ?

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theyarecomingforyou    10,428

If anyone bothered to read the article they are going to put him in a program that will expunge the charge.  Nobody also knows how the kid responded, how hes responded to authority in general.  They may have tried to work it out but we won't ever know this.  What we do know is he broke the law.  We also know it's illegal to use someone's password without consent.  These are facts.

Everybody breaks the law - whether it's speeding, downloading pirated software, littering, failing to pick up dog mess, etc. In fact the average person breaks over 250 rules / laws each year. To the question comes down to the greater good - is it beneficial to society to involve the police. Any reasonable person would say no, that the school should handle the discipline. It really doesn't matter that they're going to expunge the charge as it should never have been brought.

 

I cannot fathom how anyone can think criminal charges are appropriate.

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Astra.Xtreme    2,967

As is speeding but 99% of motorists do it. Your point ?

And how exactly does it make speeding legal?  Oh wait, it doesn't...

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siah1214    1,543

https://it.ojp.gov/default.aspx?area=privacy&page=1285

 

Using a password that you gained through non-approved methods is illegal.  Wake up.

 

Alrighty then. I'm sure you were a saint when you were a kid and never did anything stupid.  Definitely we should throw the book at this 8th grader, lock him up for a few years, should teach him a good lesson and not stunt his development.

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theyarecomingforyou    10,428

Wheres the harm ? Absolute rot.

 

I'd love to see your reaction to such a "prank" if it was your house at 3am and you have no idea who is in your home.

This was a student doing it to a teacher they knew; it's the equivalent of a co-worker doing it. Imagine if every office prank resulted in criminal charges.

 

But of course its fashionable these days to absolve everyone of any responsibility for their actions and make those who have been wronged out to be the ones in need of attitude adjustment.

Where did anyone suggest that the student shouldn't be held responsible? However, it should have been the school that handled it and the police should never have been involved.

 

There is no benefit to society in arresting and charging children for harmless pranks at school. In fact quite the opposite - it is hugely damaging and detrimental to society, as a criminal record makes it harder to succeed in society.

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+RNDM_STRNGR    10,595

 

I'd love to see your reaction to such a "prank" if it was your house at 3am and you have no idea who is in your home.

No violation of privacy even if they came in and tidied up all your mess, did your laundry and repainted the downstairs walls ?

 

what you doing is comparing apples to oranges.   here is a more appropriate comparison:

 

if someone noticed that i leave my key outside in the flower pot and came in while i was away to leave a poster inside without my house with a picture on, without doing anything else, and later i find out it was my neighbors kid, and that other kids all know about my key too and occasionally entered my house before (which i did not know) -

 

then i am going to be mad at the kid, but mostly at myself.  i will have a talk with kids parents, who will probably give him some sort of warning and mind punishment, and

i will change the locks and take the key with me next time.

 

this is correct comparison!        i would certainly not call the police on the kid, once i find it who it was.

 

 

But of course its fashionable these days to absolve everyone of any responsibility for their actions and make those who have been wronged out to be the ones in need of attitude adjustment.

 

yes the do need the attitude adjustment.    

 

what is fashionable this days, is to not have a reasonable attitude and not dealing with owns (schools) problems,

and put it over to the police at the first chance, with potential to ruin someones future.

 

now that is definitely fashionable this days!  unfortunately.  

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+Raze    17,698

The school is just pushing the blame and hyping it onto the kid instead of acknowledging how lack their security protocols are/were.  I am not saying the kid is innocent, he violated the law, but it is the adults that need to address the situation in a matter that teaches him and any others what was done was wrong and has consequences.  I don't think felony charges or jail is the correct way to teach a 14 year old in regards to this incident.

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adrynalyne    13,904

The article doesn't say the "stole" the password.. It just says it's easy to remember.. That password probably gets passed around from teachers to kids and he just remembered it.. 

Tomato, Tomato.

 

Either way, unauthorized.

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adrynalyne    13,904

Alrighty then. I'm sure you were a saint when you were a kid and never did anything stupid.  Definitely we should throw the book at this 8th grader, lock him up for a few years, should teach him a good lesson and not stunt his development.

If the courts deem it so, yes.

 

He accessed a computer with confidential and sensitive data on it.  Just because he didn't do anything particularly bad doesn't make it ok.

 

Its not much different than breaking into a house, and merely changing the television channel.  Do you think the courts would be ok with it because nothing was stolen?

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siah1214    1,543

If the courts deem it so, yes.

 

He accessed a computer with confidential and sensitive data on it.  Just because he didn't do anything particularly bad doesn't make it ok.

 

Its not much different than breaking into a house, and merely changing the television channel.  Do you think the courts would be ok with it because nothing was stolen?

Were you born without empathy or did it fall out somewhere along the way? 

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macrosslover    661

death penalty crime all day long.

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+fusi0n    2,135

Tomato, Tomato.

 

Either way, unauthorized.

riiiiiight.. Stealing a password like using a keylogger or by using some sort of exploit and hashing.. That's going out of the way.. Teacher lettings kids on the computers and telling them the password (happened all the time at my school) kids remember and doing something stupid like this, shouldn't be counted as a felony. He was just being a dumbass. 

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Showan    698

actually my whole point of that post is a reply to all the people in this thread who think felony charge is correct treatment! according to them i deserved it!

according to me, i obviously did not, and this kid does not deserve one neither.

 

 

unless you being funny, i though it would be obvious from my post ;)

 

I must of just misread you...

 

I wasn't trying to be funny...

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+RNDM_STRNGR    10,595

If the courts deem it so, yes.

 

He accessed a computer with confidential and sensitive data on it.  Just because he didn't do anything particularly bad doesn't make it ok.

 

Its not much different than breaking into a house, and merely changing the television channel.  Do you think the courts would be ok with it because nothing was stolen?

 

 

If You find out, that it was the kids You were supervising, then this should Not be in courts at all, in your example, or in the case we are talking about. 

Police should Not be involved, especially since it was You, who left the key in the plain sight of the kids, who You were supervising and responsible for! 

Take responsibility and deal with it Yourself, give them a few weeks detention, threaten to expel them, or whatever!

Do not pass it to the cops, since only the TV channel was changed! 

 

 

Do you still not see the point?

 

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adrynalyne    13,904

If You find out, that it was the kids You were supervising, then this should Not be in courts at all, in your example, or in the case we are talking about. 

Police should Not be involved, especially since it was You, who left the key in the plain sight of the kids, who You were supervising and responsible for! 

Take responsibility and deal with it Yourself, give them a few weeks detention, threaten to expel them, or whatever!

Do not pass it to the cops, since only the TV channel was changed! 

 

 

Do you still not see the point?

 

Do you not see the point?  In that there were sensitive items on that machine he had access to, specifically standardized testing, makes it a federal matter and they are required to report it.  

riiiiiight.. Stealing a password like using a keylogger or by using some sort of exploit and hashing.. That's going out of the way.. Teacher lettings kids on the computers and telling them the password (happened all the time at my school) kids remember and doing something stupid like this, shouldn't be counted as a felony. He was just being a dumbass. 

The how isn't what breaks the law, the action is.

 

So yeah it is the same thing per the law.

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+RNDM_STRNGR    10,595

Do you not see the point?  In that there were sensitive items on that machine he had access to, specifically standardized testing, makes it a federal matter and they are required to report it.  

 

because they use the same password to store sensitive data as they give kids to videochat? (ohh and they found out sensitive stuff was not accessed)

the kid did not HACK the machine, nor did he obtained that password through illicit means!

 

who is the one acting juvenile?  both of them.   

punish the teachers who created such system, and potentially exposed the sensitive standardized testing data to potentially every student!

should there not be better security protocols for government related school data? that school was basically encouraging the kids.

 

punishing the student who only used the opportunity for a innocent prank, by referring him to the cops is over the top.

it is like leaving your store door open at night (in non work hours) with lights on

and then when someone comes in to have a look, and then leaves without stealing anything, arresting them for breaking and entering!

 

 

but, something tells me, it is impossible to switch your point of view, as you appear a stickler.  (no offense intended, as i am almost certain you are proud of it)

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adrynalyne    13,904

because they use the same password to store sensitive data as they give kids to videochat? (ohh and they found out sensitive stuff was not accessed)

 

who is the one acting juvenile?  both of them.   

punish the teachers who created such system, and potentially exposed the sensitive standardized testing data to potentially every student!

before punishing the student who only used the opportunity for a innocent prank!

 

 

but, something tells me, it is impossible to switch your point of view, as you appear a stickler.  (no offense intended, as i am almost certain you are proud of it)

I am just looking at it from the point of what the law he broke states, and the fact it was a crime.  Schools are required to report crimes, no matter what your personal feelings are on the matter.

 

Yes, the school should be penalized for such bad security, but it doesn't excuse the crime, nor make it ok.

 

http://www.ncsl.org/research/telecommunications-and-information-technology/computer-hacking-and-unauthorized-access-laws.aspx

 

 

You are letting your personal feelings get in the way of standard protocol.

 

"Unauthorized access" entails approaching, trespassing within, communicating with, storing data in, retrieving data from, or otherwise intercepting and changing computer resources without consent. These laws relate to either or both, or any other actions that interfere with computers, systems, programs or networks.

 

 

 

I don't have be a stickler, as you call it.  I just have to realize that actions have consequences, whether we like the consequences or not.

 

If I speed, I get a ticket.  I don't like it, but thats how it works.

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Depicus    976

And how exactly does it make speeding legal?  Oh wait, it doesn't...

 

I never said it did.... it doesn't you are quite correct.

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Ravensky    633

He should have used the password to take remote control of the teachers PC and change it that way...smarter at least.  Network file access and group policy is a sweet thing :p

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+RNDM_STRNGR    10,595

I don't have be a stickler, as you call it.  I just have to realize that actions have consequences, whether we like the consequences or not.

 

 

i am certain that a person mugging someone on the street with a knife knows it is a felony, so it is with all common crimes.

 

do you think the 14 year old using the password to change the wallpaper knew he was committing a serious crime?

and that if he would do it, he would be refereed to actual police with felony charge?

 

if it was the case, i would understand your point of view 100%

but something tells me, that it is not the case.

 

so i advocate more leniency by the people in authority and in supervising positions for kids, and to treat it on case by case basis.

and to educate kids on the consequences more carefully  (as it appears they have Not done in this case)

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adrynalyne    13,904

i am certain that a person mugging someone on the street with a knife knows it is a felony, so it is with all common crimes.

 

do you think the 14 year old using the password that is well know to change a background knew he was committing a serious crime?

and that he would do it, if he knew if caught he would be refereed to actual police with felony charge?

 

if it was the case, i would understand your point of view 100%

but something tells me, that it is not the case.

Ignorance of the law doesn't excuse you from it.  That is true globally.

 

I think they went overboard too, but they went by policy and law.

 

When it gets to the courts, it will probably be downgraded to a misdemeanor unless the kid has a previous record.

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+RNDM_STRNGR    10,595

 

Ignorance of the law doesn't excuse you from it.  That is true globally.

a 14 year kid in this position is ignorant?  you expect him to know this law? and fully understand the consequences of this behavior?

or should it be the teachers job to explain it to the kid?

and don't say it is a parents job either, since parents have most likely never experienced anything like that in their life, to have any thoughts on this matter.

 

 

I think they went overboard too, but they went by policy and law. 

When it gets to the courts, it will probably be downgraded to a misdemeanor unless the kid has a previous record.

oh well, at least we are finally converging to some common ground then :)

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Intersect    239

Take his computer away from him and ban him from using one unsupervised till he is 18. 

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spenser.d    1,100

How do you figure?  Using somebody's password unknowingly is called unauthorized access, which is against the law.  The law is the law, and this case is as straight forward as it can possibly get.  These are facts...

You misunderstand me. I'm not saying it's not a crime, I'm saying the punishment (arrest and detainment) isn't appropriate for the crime committed.

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DocM    16,881

What ever happened to NOT charging kids,as we do adults? A child in 8th grade, surely doesn't have the sense of an adult.

>

You do realize juivie court can surrender jurisdiction to adult courts? That in many states kids as young as 10 can be charged as adults for murder?

There are 10-12 year old gangstas out there that are stone cold killers. Some are gang hitters, recruited because in many states they'd get out of Gladiator Academy (juvie facilities) at 18-21 for a killing and be all trained up for leadership.

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