[HN Gopher] Reporter likely to be charged for using "view source...
       ___________________________________________________________________
        
       Reporter likely to be charged for using "view source" feature on
       web browser
        
       Author : denysvitali
       Score  : 316 points
       Date   : 2021-12-31 08:07 UTC (14 hours ago)
        
 (HTM) web link (boingboing.net)
 (TXT) w3m dump (boingboing.net)
        
       | eskathos wrote:
       | You can not trespass my eyes...
        
       | actually_a_dog wrote:
       | Related:
       | 
       |  _Reporter may be prosecuted for using "view source"_ (currently
       | 151 comments): https://news.ycombinator.com/item?id=29737412
        
       | RappingBoomer wrote:
       | stunning..and scary... the root problem here (or at least one of
       | the root problems) is that government workers are not hired or
       | promoted on merit. That leads to people of lesser intelligence
       | being bosses. As evidenced here. That is a bad thing, in my
       | opinion. You want smart people in charge. That's a good thing!
        
         | johnorourke wrote:
         | Let's not equate "lack of understanding of a specific piece of
         | technology" with "lesser intelligence", that is not a healthy
         | way to think.
        
           | hermitcrab wrote:
           | That no offence was comitted here should be apparent to 10
           | year old of average intelligence. The governor is either very
           | stupid, very ignorant or very cynical. Or some combination of
           | the 3.
        
           | xigoi wrote:
           | That's true, but insisting that you're right about something
           | that you know nothing about is a sign of lesser intelligence.
        
             | pbhjpbhj wrote:
             | Maybe, but there a possibility they know it's not a valid
             | argument but believe they can still use it effectively.
             | Just because someone supports a position doesn't mean they
             | know it's valid, not that they know it's moral. Plenty of
             | people, and especially politicians of some persuasions, are
             | happy to spout known lies and deceptions to get to their
             | preferred outcome.
        
         | goldcd wrote:
         | There's the original IT screw-up - but I think the body of the
         | sory is around the ineptitude of the elected governor.
         | 
         | Not specifically that he doesn't understand how the web works -
         | more that he didn't care to find out before opening his mouth.
         | 
         | Or worse is aware, but is disengenuously pushing for a
         | prosecution of somebody he disagrees with.
        
         | skywal_l wrote:
         | Has I said in another comment, it is not about education or
         | intelligence. Read the article. The politicians trying to
         | intimidate the St Louis Post Dispatch have a history of
         | intimidation against journalists. Demagoguery is unfortunately
         | a chronic condition of democracy.
        
           | pbhjpbhj wrote:
           | Any thoughts on how to tailor political systems to work
           | around demagoguery but maintain functioning democracy?
        
             | denton-scratch wrote:
             | What's democracy? Is that when stuff gets done to you by
             | corrupt politicians, and you have to shut up and suck it,
             | except that every few years you get to swap one bunch of
             | corrupt politicians for another bunch?
        
               | bjornsing wrote:
               | Yes. You pretty much nailed it.
        
             | rsynnott wrote:
             | Not having a single person be the executive likely helps.
             | In a parliamentary democracy, the prime minister would have
             | to tell the justice minister to do this. The justice
             | minister would likely refuse. The prime minister's recourse
             | would be to fire the justice minister and get a new one
             | appointed, but that's a big step. Assuming that's overcome,
             | the new compliant justice minister would have to tell the
             | public prosecutor to do it. In many countries that's an
             | independent office, and the justice minister wouldn't have
             | much standing. So you're back to trying to fire people, and
             | the petty vindictive prosecution is turning into a
             | government-ending event; the PM is likely to be seeking
             | alternative employment...
             | 
             | Executive presidency/governor systems, like those used in
             | the US, have a generally higher dependency on individuals
             | behaving properly.
        
             | skywal_l wrote:
             | If only I knew... Might be worth reading de Tocqueville[0]
             | again I guess.
             | 
             | [0] https://en.wikipedia.org/wiki/Democracy_in_America
        
             | MR4D wrote:
             | We already have it - it's the 3 branches of government that
             | provide for an independent judiciary.
        
               | pbhjpbhj wrote:
               | In USA? Judiciary are political appointees aren't they.
               | 
               | Apologies if that was a joke.
        
               | skywal_l wrote:
               | In theory. I believe the system was setup to ensure that
               | the judicial system is independent from the executive
               | branch. However, we have seen the nefarious influence of
               | money in politics which is now starting to encroach on
               | the judicial system too:
               | 
               | https://www.wsj.com/articles/federal-judges-brokers-
               | traded-s...
               | 
               | https://iadllaw.org/2020/09/more-than-200-lawyers-file-
               | judic...
        
         | rsynnott wrote:
         | This is nothing to do with government worker competence.
         | Undoubtedly, the governor has been advised that there is no
         | case. It's legal harassment, and a sign of (a) a structurally
         | flawed system (the executive should be in no position to make
         | this sort of threat in the first place) and (b) a sick
         | political system (even if the executive is legally able to make
         | such a threat, it should be politically impossible for them to
         | do so).
        
         | ratww wrote:
         | _> the root problem here is that government workers are not
         | hired or promoted on merit. That leads to people of lesser
         | intelligence being bosses_
         | 
         | That's hardly exclusive to government work.
        
       | asimpletune wrote:
       | I wonder what the lock picking lawyer would say about this view
       | source = illegally picking an albeit crappy lock?
        
       | SSShupe wrote:
       | The HTML document revealed by "view source" isn't something
       | "behind" the web page -- it IS the web page. The State
       | effectively made a document containing the confidential info
       | available to everyone and is now complaining because someone
       | looked at it. I agree with the prior commentators that this is
       | more about politics than law.
        
       | kbsspl wrote:
       | 2 birds, one stone.
       | 
       | Politicians can get away doing what they want with whatever
       | reason.
       | 
       | And politicians are being used to make the internet more opaque.
       | Since 'view source' is being made a scapegoat, expect it to
       | disappear soon.
        
         | nunez wrote:
         | Disappearing View Source is stupid in a world in which you can
         | curl or use dev tools to get at the same data. Wouldnt even be
         | shocked if some applications/workflows depended on it.
        
       | gefhfffh wrote:
        
       | kthejoker2 wrote:
       | From a tort perspective, it seems like the client assumes all the
       | risk of an HTTP request: I made a request for this URI - without
       | (obviously) knowing its contents - and you send me some contents.
       | Even if I as the client attempt to send a malicious payload, etc.
       | the server can transmit back whatever it would like any time -
       | that's the rules of the game.
       | 
       | So the server holds all the power, and as long as I got a "200
       | OK" response with whatever contents you sent me, you have
       | absolved the client of wrongdoing without a much bigger burden of
       | proof of fraud, identity theft, etc...
       | 
       | Otherwise, the Internet literally becomes unusable - if even
       | submitting this comment might result in me receiving illegal
       | content, how does one proceed?
       | 
       | Sidenote: this is tangentially similar to the CitiGroup Revlon
       | case, where Citi accidentally paid out the full principal on a
       | loan to Revlon to a bunch of small lenders, and the lenders
       | refused to return the money.
       | 
       | https://www.npr.org/transcripts/1019909860
       | 
       | The court ruling is interesting, in that as long as the lenders
       | assumed the money was sent on purpose - that that was the
       | intention of CitiGroup - then there was no reason to send the
       | money back. But if they assumed the money was sent on accident,
       | then it was illegal to keep it.
       | 
       | The court ruled that under good faith argumentation ("discharge
       | of value") that if someone owes you money and they pay it back,
       | even "on accident" or otherwise, you have no obligation to return
       | it.
       | 
       | And again, it hinged not on the individual case per se but the
       | effect of ruling otherwise - that you could never truly spend
       | money that was sent to you because someone might come later and
       | claw it back, which would just grind the financial industry to a
       | halt.
       | 
       | I think the same conclusion would have to be made here: if you
       | send something and stick a 200 on it, the recipients are entitled
       | to what you sent them.
        
         | badRNG wrote:
         | >I think the same conclusion would have to be made here: if you
         | send something and stick a 200 on it, the recipients are
         | entitled to what you sent them.
         | 
         | Disclaimer: I don't work with web tech, but wouldn't that also
         | permit a lot of activities we would absolutely consider
         | unethical, like SQL injection? It seems like you could
         | certainly craft a request to circumvent security controls to
         | receive a 200 response back that we'd absolutely consider to be
         | unethical.
        
       | agar wrote:
       | I find it overly amusing that the article is tagged with "CHRIST
       | WHAT AN ASSHOLE". After clicking through to see other stories
       | with the same tag, it's...apt.
        
         | gaws wrote:
         | What did you expect? It's BoingBoing. Not really at the
         | pinnacle of American journalism.
        
       | jimnotgym wrote:
       | Am I to understand that a state governer has the power to
       | instruct some lacky-lawyer to charge someone with a crime, and to
       | prosecute them for that crime? In the land of the free, this is
       | not an independent process?
        
         | _dain_ wrote:
         | The state Attorney General is part of the executive branch and
         | takes orders from the governor. This is the case in most states
         | and the equivalent is true at the federal level. People seem to
         | think it is an "apolitical" post but that just isn't true.
        
         | ensignavenger wrote:
         | No, the state governor does not have the power to order a
         | county prosecutor to prosecute. He can't even order the
         | attorney general to prosecute. Might be able to put political
         | pressure on them to do so, though.
         | 
         | On the other hand, the President of the United States does have
         | some constitutional power over the Department of Justice, and
         | appoints the US Attorney General (With confirmation by the
         | Senate), and can fire the AG, so at the Federal level, there is
         | a direct line of such power.
        
         | Broken_Hippo wrote:
         | You are surprised? We already know that a prosecutor will try
         | for higher sentences near an election and... well, they _are_
         | elected. It isn 't hard to imagine that an elected official
         | works with other elected officials, especially if they want to
         | do other things in government.
        
           | rsynnott wrote:
           | In many countries, the executive trying to direct the public
           | prosecutor would be a scandal that would end multiple
           | careers.
           | 
           | Actually, I would think that it would be in the US, too, if
           | done on a _federal_ level.
        
           | jimnotgym wrote:
           | I live in the UK. I am very suprised yes
        
             | michaelt wrote:
             | Imagine the following situation:
             | 
             | Someone anonymous on Twitter threatens to kill you. You go
             | to the front desk of your local police and they say "You
             | have our sympathies, but we have limited resources, and we
             | don't know whether it's really a serious matter or not, or
             | even if the perpetrator is within our jurisdiction."
             | 
             | You threaten on Twitter to kill your MP. They go to the
             | head of the local police force who decides it _is_ a
             | serious matter, looks into it and finds you _are_ in their
             | jurisdiction, and some police officers come knocking at
             | your door.
             | 
             | Is this the rule of law operating as intended, reflecting
             | the reality that MPs have been murdered before, and in a
             | world unfortunately constrained by finite policing budgets?
             | 
             | Or is it a double-standard, where a wealth of usually-
             | unenforced laws allow the powerful to oppress their
             | opponents?
        
             | Talanes wrote:
             | 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?
        
             | marcus_holmes wrote:
             | I don't know why you're surprised. The courts have shown
             | time and again that they are part of the establishment
             | (that includes the civil service and government), and will
             | act in accordance with government wishes most of the time.
             | 
             | "Yes, Minister" was documentary not fiction (also, since we
             | seem to be remaking/rebooting everything good, can we have
             | an updated version of this, please?)
        
               | rsynnott wrote:
               | They did remake Yes Minister. It was Not Very Good.
               | 
               | This, incidentally, is precisely the sort of thing that
               | Humphrey would stop Hacker doing, if Hacker had the
               | ability, which he didn't. The only times Humphrey lets
               | Hacker indulge in overreach are to put him in a situation
               | that Humphrey can then save him from.
        
               | marcus_holmes wrote:
               | > They did remake Yes Minister. It was Not Very Good.
               | 
               | Thanks, I must have missed it. I'll check it out (even if
               | it's crap).
               | 
               | I agree with your take on it, I was more indicating that
               | the way Things Are Supposed To Work is almost not How
               | They Actually Work, and usually that's How The Old Boy
               | Network Want Them To Work.
        
             | Ekaros wrote:
             | As European, I find it insane that I could elect the
             | prosecutor or even the police. And in some ways that
             | politicians would have any word on this apart from deciding
             | the funding and laws...
        
               | skywal_l wrote:
               | I don't disagree with your point but how a prosecutor
               | must be selected then? If someone is not chosen by a
               | public and popular vote, it must be chosen differently.
               | Any mechanism of choice will have an inherent bias.
               | 
               | For example, you could decide that a prosecutor is the
               | best at knowing the law, so let's have a law exam where
               | the one with the best score is named prosecutor. However,
               | being a good prosecutor can't always be reduced to a
               | technical know-how. And those good at laws might be those
               | who were able to pay to go to the best universities, buy
               | the textbooks, be allowed to study for years without
               | working, etc. So you also have a bias on wealthy
               | families.
               | 
               | I don't think that the problem of allocation of power in
               | our modern societies is a solved problem...
        
               | abecedarius wrote:
               | The current setup where only official prosecutors can
               | prosecute crimes is historically recent. I don't know
               | what would be better, but these officials becoming too
               | cozy with other officials is what you'd expect a priori.
        
               | rsynnott wrote:
               | It varies by country. For instance, in Ireland, the
               | Office of the Director of Public Prosecutions is a civil
               | service bureaucracy. It's lead by the director, who's
               | appointed by the government for a ten year term and must
               | be an experienced barrister or solicitor. The director is
               | a civil service executive, not a dictator, so the amount
               | of damage a bad or corrupt one can do is somewhat
               | limited.
               | 
               | Until the 70s, the role was filled by the office of the
               | attorney general, who's a direct government appointee
               | (strictly speaking appointed by the president on
               | direction of the government). The separate agency was
               | created to defend against bias.
        
               | simonh wrote:
               | Just because any system could or do have biases, that's
               | no good defence of a system we know has terrible
               | pernicious biases that are visibly compromising it's
               | integrity. I'm a Brit, and I'd have good expectations of
               | being treated fairly if I faced prosecution as an
               | innocent person here in the UK, in France, Germany, or
               | plenty of other countries. I have no such confidence
               | about the USA. Especially so if the crime I was accused
               | of was politicised. I actually know someone in the US
               | who's life was destroyed by that system, he spent a year
               | in prison and it took years more to clear his name.
               | 
               | Politicisation is endemic to the US justice and policing
               | system, it's an absolute disgrace. I agree no system is
               | perfect, we have miscarriages of justice here in the UK
               | too, but perfection is not the enemy of the good and your
               | system is below mediocre. You can do, and deserve, a lot
               | better.
        
               | Ekaros wrote:
               | Specially when the public side is underfunded and
               | defending yourself is insanely expensive. Not that law is
               | cheap anywhere, but from recent cases like Kyle
               | Rittenhouse and officer Potter it seems just stupid and
               | broken.
        
               | JaimeThompson wrote:
               | What was wrong with the Potter case?
        
               | Ekaros wrote:
               | That that sort of case would take weeks in court room and
               | even longer outside and cost tens or hundreds of
               | thousands to pay for defence.
        
               | ttybird2 wrote:
               | Did you disagree with the result of the Potter case? I am
               | unfamiliar with it but it seems like they charged a
               | police officer who "mistakenly used a handgun instead of
               | a Taser"? Am I missing something here?
        
               | ziml77 wrote:
               | After both looking into the details myself and watching
               | LegalEagle's analysis of the case, I'm not convinced that
               | there was anything wrong with the Rittenhouse trial.
               | Rittenhouse was stupid for driving into the city in the
               | first place, but each of the times he fired his gun
               | seemed perfectly reasonable. And I had initially thought
               | that he was looking for an excuse to shoot black people,
               | but then found out that all 3 people he shot were white.
        
               | luckylion wrote:
               | Germany just had Pimmelgate (Pimmel is a synonym for
               | penis). Hamburg's Senator of the Interior did something
               | and some random guy wrote "you're such a dick" ("du bist
               | so 1 pimmel"). The Senator apparently was very annoyed
               | and asked the state attorney to go after the guy. They
               | summoned him to the precinct, he went, said that he wrote
               | that tweet and declined to say anything else without a
               | lawyer present. They then got a judge to sign a search
               | warrant against his ex-girlfriend (and mother of his
               | children who live with her), and executed it, which was
               | unnecessary (they knew who did it and he had already
               | confessed) and meant to punish extra-judicially since the
               | case would likely be thrown out in court.
               | 
               | The state attorneys and police are part of the executive
               | branch and subject to directives of the politician in
               | charge. Theoretically, electing the state attorneys
               | directly would motivate them to not just do whatever the
               | administration wants, be that legally reasonable or not.
               | In practice it probably does not matter.
        
               | TomSwirly wrote:
               | > I don't disagree with your point but how a prosecutor
               | must be selected then?
               | 
               | The same way you select the heads of hospitals, or police
               | chiefs, or head librarians?
               | 
               | What a strange question. Only in the US do you VOTE for
               | prosecutors!
        
             | ttybird2 wrote:
             | God save the queen
             | https://news.ycombinator.com/item?id=29508528
        
         | xwolfi wrote:
         | Land of the free... to shut up and pay their credit card debts
         | and student loans.
        
         | tshaddox wrote:
         | In an authoritarian state, yes, of course this is possible.
        
         | Ekaros wrote:
         | It is all politics. Prosecutors are sometimes elected with
         | political ambitions. And on higher level in same corrupt
         | parties are those on state level... Thus pressure to do
         | things...
        
       | literallyaduck wrote:
       | It was more than "View Source". It was decoding viewstate.
       | 
       | Reading someone's postcard in the mailbox is like looking at the
       | source.
       | 
       | He opened the letter that was in the encoded viewstate.
       | 
       | The envelope doesn't offer any real security but it is illegal to
       | open someone else's mail, and decoding a site's viewstate might
       | technically be illegal as well, but unless you tell someone you
       | did it no one will know.
       | 
       | The reporter should have notified them directly, anonymously, or
       | kept their mouth shut.
       | 
       | If you send information to the client, it is your responsibility
       | to make sure it doesn't contain private information.
       | 
       | The reporter should probably not be prosecuted, pardoned if
       | convicted, and we should repeal the laws that make using anything
       | sent to client illegal.
       | 
       | If you are sent something you didn't order in the mail the FTC
       | says you don't have to pay:
       | 
       | https://www.consumer.ftc.gov/articles/what-do-if-youre-bille...
       | 
       | "By law, companies can't send unordered merchandise to you, then
       | demand payment. That means you never have to pay for things you
       | get but didn't order. You also don't have to return unordered
       | merchandise. You're legally entitled to keep it as a free gift."
       | 
       | This reporter was gifted some viewstate because it came to his
       | computer.
       | 
       | Edit:
       | 
       | To the person claiming it is "another language", I don't know
       | anyone that does Base64 decoding in their head, and this is
       | clearly not meant for human consumption.
       | 
       | Here is what viewstate is:
       | 
       | http://www.nullskull.com/articles/20060208.asp
       | 
       | There are many tools for consuming it through decoding and
       | deserializing but that doesn't make it legal. There are tools for
       | decoding DVDs which meet this same category.
        
         | tragictrash wrote:
         | This is an incorrect assessment. The analogy is a postcard
         | written in a language you don't understand.
         | 
         | The outside of the letter is a kind of lock, like encryption.
         | 
         | You don't violate the laws for translating the French on the
         | back of the postcard to English if you happen to see it right?
         | 
         | Opening the letter is illegal, and breaking that lock is where
         | the act becomes a crime. He didn't do that. He only translated
         | what was delivered to him.
        
         | tshaddox wrote:
         | The main difference is that the postcard is addressed to
         | someone else and the law is very clear that you can't open mail
         | addressed to someone else. Also, I don't really buy that
         | "decoding" counts as an additional step, since _all_ the
         | contents of every web page are already decoded by the browser.
        
         | jazzyjackson wrote:
         | What is this "encoded viewstate" of which you speak?
         | 
         | It's my impression that the reporter didn't have to go so far
         | as thumbing over to the network tab or otherwise open any
         | envelopes, the social security numbers were instead embedded in
         | HTML, just not visible in the painted layout. Kudos for
         | attempting a framing for the prosecution, but I don't think
         | there are laws against opening mail addressed to me.
         | 
         | Edit: just saw the comment about .net using base64 encoded
         | state, so I understand your argument better now. In that case,
         | if a ROT13 encrypted message was sent to me without the key,
         | being trivial to crack doesn't imply I have the right to share
         | state secrets... agreed the case is a little more complicated
         | than journalists have made it appear, go figure.
        
           | roywiggins wrote:
           | People publish stuff they find in improperly redacted
           | documents fairly frequently. Sometimes what happens is that
           | the black bars covering the text in a PDF are just cosmetic,
           | and the text is still there. Even if there's a state secret
           | under there, it's not something people get prosecuted for (in
           | the US). You generally have the right to publish state
           | secrets that fall into your lap, even if they were obscured
           | and might have required some technical spelunking inside a
           | document.
        
       | albertopv wrote:
       | Seen from abroad USA seems like a parody of themselves, not a one
       | particularly funny. Greatest country for greatest opportunities,
       | still many politicians seem incredibly dumb, or ar least as dumb
       | as italian ones, which are really really dumb, on average.
        
         | sixothree wrote:
         | Just remember the US isn't exactly one entity, but a collection
         | of 50 states. Still it's sad that the least educated states
         | seem to have so much power lately.
        
           | batch12 wrote:
           | Which states are these that should have less power than the
           | states with the "smart" people?
        
       | nijave wrote:
       | I think a lot of analogies miss the point that data was copied
       | and transmitted to the client and accessed client side. I think
       | it'd be more accurate to compare to a barcode
       | 
       | Imagine requesting a voter registration form and you receive a
       | letter in the mail with all previous residents social security
       | numbers encoded in QR codes that were added as a "convenience
       | feature" for the voting office
       | 
       | In that case, it'd be ridiculous to claim you "hacked the voting
       | office"
        
         | mind-blight wrote:
         | A similar example could be credit card strips. They actually
         | had people's SSNs encoded in them for a while. Anyone with a
         | reader and physical access to a card could grab them. Dateline
         | did a report on it back in the day without having to deal with
         | anything like this
        
         | [deleted]
        
       | FDSGSG wrote:
       | Blogspam for https://www.stltoday.com/news/local/govt-and-
       | politics/missou...
        
       | account-5 wrote:
       | State makes the personal information of state employees freely
       | available to anyone with an internet connection and a web
       | browser.
       | 
       | Reporter notices, reports it to the state, waits for it to be
       | fixed, then runs the story.
       | 
       | State governor goes after reporter.
       | 
       | The state governor is either an idiot, or trying to cover up
       | iltheir incompetence, or both. And doing so in a way that makes
       | him look like more of an idiot.
       | 
       | If the prosecutor takes this up then either they're an idiot or
       | being pressured to do so, by the idiot in charge.
        
         | gaws wrote:
         | > The state governor is either an idiot, or trying to cover up
         | iltheir incompetence, or both.
         | 
         | He's both, in addition to trying to "stand up to the fake news"
         | for his voter base.
        
       | rookderby wrote:
       | A person should be able to email security@domain without legal
       | ramifications. They should encourage these good guys with
       | bounties as well. Edit: I would guess its much cheaper in the
       | long run, although i dont have a source.
        
       | jollybean wrote:
       | I hope they charge him, because it's going to be very hard to
       | prosecute I believe, and a victory would enshrine legal rights to
       | 'Right Click' and view source.
       | 
       | I think the trial would come under enormous scrutiny.
       | 
       | If the reporter lost the case in local banana republic courts, I
       | do believe it would go up to Federal or Supreme and it would win.
        
         | rchaud wrote:
         | The case being hard to prosecute doesn't mean that paying for a
         | legal defense will be cheap. The same goes for suing the state
         | for damages afterwards; lawyers will require retainers to
         | investigate the likelihood of a settlement. Suing the
         | government is not a simple matter, by design.
         | 
         | The goal of threatening reporters with prosecution is to
         | intimidate others and prevent them from investigating areas
         | that could embarrass the state government.
        
         | denysvitali wrote:
         | Think about how happy would the NFT owners be!
        
         | coldcode wrote:
         | If I was the lawyer for the reporter I'd ask Tim Berners-Lee to
         | testify. What a great testimony that would be.
        
       | huffmsa wrote:
       | If a government clerk brings you a stack of papers with SSNs on
       | it and you read it and tell them, it's not your fault.
       | 
       | Just because the browser only renders certain parts of the
       | returned document doesn't mean that the government site didn't
       | send you the whole document
        
       | TameAntelope wrote:
       | This smells like clickbait. No charges have been filed, just a
       | statement from a governor who has a history of bloviating about
       | the press.
       | 
       | "Likely to be charged" is a huge stretch.
        
         | sigmaprimus wrote:
         | Having watched a few of the sessions held by congress
         | questioning social media CEOs and the like, I think this story
         | is quite plausible.
         | 
         | In between the grandstanding some of the politicians asked such
         | odd questions, I think an introduction to digital safety should
         | be a requisite course for all public servants along side
         | antidiscrimination and inclusivity.
         | 
         | I wouldn't be surprised if there is someone already in jail who
         | has been charged and convicted to a similar action.
         | 
         | Here is a Canadian example of a similar event.
         | 
         | https://edmontonjournal.com/news/politics/covid-19-records-w...
        
           | TameAntelope wrote:
           | "Plausible" is exactly where misinformation and fake news
           | thrives.
           | 
           | It's news if he's actually charged, it's much less news if a
           | frustrated governor blows off steam about it.
           | 
           | This is, so far, nothing more than the latter.
        
             | watwut wrote:
             | Frustrated governor blows off steam is news, because that
             | is literally governor harrassing journalists and abusing
             | position.
        
               | TameAntelope wrote:
               | Yeah (less news isn't not news), just not the news being
               | reported in the title.
               | 
               | And this isn't harassment yet. This is just a statement,
               | nothing has actually happened.
               | 
               | If you want to see where this could go, check out the
               | story of the data scientist who whistleblew on the
               | Florida government hiding COVID deaths [0].
               | 
               | But none of that's happened here, yet.
               | 
               | [0] https://www.beckershospitalreview.com/healthcare-
               | information...
        
             | [deleted]
        
         | themitigating wrote:
         | The title doesn't say they were charged it says "likely".
        
           | FDSGSG wrote:
           | The article does nothing to substantiate that claim. We
           | already know that the feds essentially told the state to fuck
           | off.
           | 
           | At this point it really is _unlikely_ that the reporter will
           | be charged.
        
             | badRNG wrote:
             | They aren't dependent on the feds to bring charges.
             | 
             | The feds' involvement would be for prosecuting the reporter
             | for CFAA violations. Missouri has its own computer
             | intrusion legislation that would be the basis for charges
             | from the state.
        
         | badRNG wrote:
         | I don't think it is that big a stretch. There's more details in
         | the Verge article[1]:
         | 
         | > They turned the case over to Cole County Prosecuting Attorney
         | Locke Thompson on Monday, December 27. Governor Parson then
         | held a press conference on Wednesday, December 29, where he
         | cited a state statute related to computer tampering and
         | repeatedly suggested Thompson should use it to prosecute Renaud
         | and the paper.
         | 
         | As of the time of writing this comment, that was four days ago,
         | and during the holidays. It certainly seems like charges will
         | be brought unless Thompson chooses to side against the Governor
         | and decline to pursue charges (I'm not sure what the political
         | implications of that would be in either direction.) State
         | statute is here [2]. IANAL, but this statute seems _very_
         | broad. Especially sections 3, 4, and 5:
         | 
         | >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 authorization:
         | [...] (3) Discloses or takes data, programs, or supporting
         | documentation, residing or existing internal or external to a
         | computer, computer system, or computer network; or (4)
         | Discloses or takes a password, identifying code, personal
         | identification number, or other confidential information about
         | a computer system or network that is intended to or does
         | control access to the computer system or network; (5) Accesses
         | a computer, a computer system, or a computer network, and
         | intentionally examines information about another person;
         | 
         | Like, yeah, factually the reporter did examine information
         | about another person without authorization. This law sucks, but
         | it is not a stretch to think they will prosecute the reporter.
         | 
         | [1] https://www.theverge.com/2021/12/31/22861188/missouri-
         | govern...
         | 
         | [2] https://revisor.mo.gov/main/OneSection.aspx?section=569.095
        
           | dekhn wrote:
           | The STL Dispatch covered every single angle of responsibility
           | before and during taking this action. Even if they violated
           | the letter of some law, the only outcome of a court case will
           | be to embarass the state by exposing how incompetent they
           | were, and how responsible the reporter and the paper were in
           | disclosure.
           | 
           | My guess is the prosecutor will decline to pursue.
        
             | badRNG wrote:
             | Thompson is a small-town Missourian elected prosecutor,
             | facing pressure from fellow conservatives to "hold the fake
             | news accountable" as stated in the latest attack ad against
             | the reporter from a conservative PAC [1]. At best it's a
             | coin toss imo.
             | 
             | [1] https://www.youtube.com/watch?v=9IBPeRa7U8E
        
       | nunez wrote:
       | > The reporter discovered that the source code of the website
       | contained Social Security numbers of educators. The reporter
       | alerted the state about the social security numbers. After the
       | state removed the numbers from the web page, the Post-Dispatch
       | reported the vulnerability.
       | 
       | I really hate the idea that trying to do the right thing
       | (reporter telling MO DoE about SSNs being in their HTML) results
       | in prosecution to save face instead of reflection and
       | congratulations. This is how you get more crime.
       | 
       | Also, REALLY?!
       | 
       | That means that Google indexed those SSNs!
        
         | mind-blight wrote:
         | I'm also wondering if they're hanging out in the wayback
         | machine
        
         | addingnumbers wrote:
         | > That means that Google indexed those SSNs!
         | 
         | Not necessarily. The SSNs were returned in search results from
         | an HTML form. Last I checked, google's crawlers don't POST
         | forms.
        
       | AtNightWeCode wrote:
       | Nothing will happen. Just politicians trying to intimidate media.
        
         | kypro wrote:
         | If I were to guess they probably know nothing will happen. It
         | seems like the point here might just be to send a message --
         | sure, perhaps nothing will happen this time, but are you going
         | to take that chance next time?
        
       | CoastalCoder wrote:
       | Is there a legal defense fund? I'd gladly contribute.
        
       | josefrichter wrote:
       | This is a fascinating question. I can see strong arguments on
       | both sides. Just because something is publicly accessible, it
       | doesn't make it free to take or use. Of course there will never
       | be a strict line, so one needs to take into account the intent,
       | intensity, and the usual parameters.
        
         | Nihilartikel wrote:
         | Another perspective is that the private data was extracted and
         | conveyed by the state website to the end user completely
         | without their request or consent!
         | 
         | I find it reasonable that the government should be held legally
         | liable for introducing users to the hazard of accidental
         | exposure to confidential data.
        
           | josefrichter wrote:
           | I find the question interesting from the general point of
           | view. I don't really know enough details of this specific
           | case to form any opinion.
        
         | w-j-w wrote:
        
         | ki9 wrote:
         | Well the reporter didn't "take or use" the SSNs. He found them
         | without looking for them and reported them.
        
           | josefrichter wrote:
           | I don't really know what happened there, but the underlying
           | topic is fascinating.
        
         | remram wrote:
         | The reporter didn't _use it_ , but signaled it so it could be
         | fixed.
        
       | wonderwonder wrote:
       | 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.
        
         | gaws wrote:
         | > 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.
        
       | nijave wrote:
       | I saw in a thread somewhere else a while ago a bit more detailed
       | explanation:
       | 
       | The web page used an old .NET framework that serialized the
       | application state, base64 encoded it, then dumped it in a hidden
       | form field at the bottom. When you navigate pages, the data is
       | POSTd back to the server to achieve a "stateless" web app on the
       | server side
       | 
       | The reporter had to view source and base64 decode the data
       | 
       | Obviously still trivial but I think the laws are also very
       | ambiguous on "decoding" and "accessing"
        
         | damagednoob wrote:
         | > The web page used an old .NET framework that serialized the
         | application state, base64 encoded it, then dumped it in a
         | hidden form field at the bottom.
         | 
         | Wow. I was a C# developer for many years and I never realised
         | that ViewState encryption was _opt in_[1].
         | 
         | [1] https://docs.microsoft.com/en-us/previous-
         | versions/aspnet/bb...
        
           | habeebtc wrote:
           | Woah. I did not realize that either.
           | 
           | It would be trivial to loose a bot on government TLD's and
           | see who else is putting unencrypted PII in their viewstate.
        
           | tragictrash wrote:
           | Someone interviewed for my company last month. One of his
           | previous experiences was listed as "dynamic SQL". My third
           | question was how do you prevent SQL injection attacks. He
           | didn't know.
        
             | ceejayoz wrote:
             | To be fair, leaving a SQL injection hole makes it pretty
             | dynamic.
        
               | tragictrash wrote:
               | Wow. That's the real 10x developer play. New api? Why, we
               | have that one endpoint!
        
               | chewbacha wrote:
               | That's basically what Postgraphql is.
        
         | ethbr0 wrote:
         | I can't believe the defense wouldn't be able to present an
         | expert witness / cross-examine the prosecution's on the
         | distinctions between "encoding" and "encrypting."
        
           | Volker_W wrote:
           | If Wikipedia tells you how to read something, it is not
           | encrypted.
           | 
           | If base64 is an encryption, then so is jpeg or *.docx .
        
             | ethbr0 wrote:
             | I guess base64 is cryptographically a substitution cipher
             | with a public pad. Which... you'd think using a ~2000+ year
             | old method in a known-harmful way would stretch the term.
        
       | pyrale wrote:
       | 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,
       | or random people being arrested with planted evidence. The goal
       | is to deter someone you don't like from exercising their legal
       | right (journalism, protesting, standing in the street in the
       | wrong neighbourhood), by weaponizing unrelated laws.
       | 
       | The only reason "view source" is being talked about is because
       | that looked like the best case when the book was thrown at that
       | journalist.
       | 
       | I hope that case remains at threats and doesn't get to actual
       | charges.
        
         | siculars wrote:
         | "Show me the man and I'll show you the crime"
         | 
         | -Lavrentiy Beria
         | 
         | https://www.oxfordeagle.com/2018/05/09/show-me-the-man-and-i...
        
           | libraryatnight wrote:
           | That's a great quote that has next to nothing to do with the
           | rest of that opinion piece.
        
         | 908B64B197 wrote:
         | 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?
        
           | toomuchtodo wrote:
           | If you are young and educated, you are not the target
           | audience of these theatrics and you're more than likely going
           | to bounce from the state (Columbia aside, Missouri's version
           | of an affordable Austin).
           | 
           | Conservatives are swinging for the fences with their base in
           | decline. I can come up with no other explanation for these
           | disingenuous actions.
        
         | netizen-936824 wrote:
         | They might prosecute, but I bet a jury would throw it out
        
           | pfortuny wrote:
           | Never underestimate the ignorance of a jury or the lies of a
           | DA.
        
           | randombits0 wrote:
           | No, they won't. The linked article is BS. This is much ado
           | about nothing. YHBT. HAND.
        
             | badRNG wrote:
             | This definitely is not "much ado about nothing."
             | 
             | I prefer the Verge article on this one though [1]. Relevant
             | quote from the article:
             | 
             | > They turned the case over to Cole County Prosecuting
             | Attorney Locke Thompson on Monday, December 27. Governor
             | Parson then held a press conference on Wednesday, December
             | 29, where he cited a state statute related to computer
             | tampering and repeatedly suggested Thompson should use it
             | to prosecute Renaud and the paper.
             | 
             | It was just earlier this week that this was turned over to
             | the prosecutor's office. This prosecutor is an elected
             | official, and the Missouri conservative PAC has put their
             | money behind this by placing attack ads against the
             | reporter, and framing this as "holding the fake news
             | accountable" [2]. Also, IANAL but if we're going by the
             | letter of the law, the local Missouri computer crime
             | section certainly does seem to include the actions of the
             | reporter [3], even if the SSNs weren't Base64 encoded. Bad
             | law, but the fact that the law is bad doesn't have bearing
             | on whether they'll decide to prosecute.
             | 
             | [1] https://www.theverge.com/2021/12/31/22861188/missouri-
             | govern...
             | 
             | [2] https://www.youtube.com/watch?v=9IBPeRa7U8E
             | 
             | [3]
             | https://revisor.mo.gov/main/OneSection.aspx?section=569.095
        
               | habeebtc wrote:
               | Indeed. We have seen killers this past 10 years walk
               | because of bad laws.
               | 
               | I will not name any in specifics because that may start
               | an internet slap fight.
        
           | sgjohnson wrote:
           | It probably won't even get to jury. It might get dismissed
           | with prejudice before it goes to trial.
        
             | rchaud wrote:
             | For a case that could potentially embarrass the state, I'd
             | think the prosecution would try hard to make sure the case
             | appears on the right judge's docket.
        
               | jbullock35 wrote:
               | What ability do prosecutors have to maneuver their case
               | onto a particular judge's docket? How would they do that?
        
               | pixl97 wrote:
               | 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.
        
               | rsynnott wrote:
               | I think the ship has sailed on avoiding embarrassment to
               | the state...
               | 
               | My feeling is that this is deliberate; the American right
               | wing appears to rather like performative stupidity these
               | days.
        
               | sgjohnson wrote:
               | They can try all they want, but do they have a shred of
               | evidence of any wrongdoing?
        
               | badRNG wrote:
               | IANAL, but the local Missouri computer crime statute is
               | _very_ broad [1]. Technically, the reporter seems to have
               | factually  "Accessed a computer, a computer system, or a
               | computer network, and intentionally examined information
               | about another person" without "authorization."
               | Considering the conservative PAC for the state has
               | already pushed attack ads against the reporter [2], and
               | the fact that the prosecutor is elected (potentially
               | supported by conservative PACs), I definitely see a
               | possibility of this going to court and _potentially_
               | arriving at a conviction. Again, IANAL, and I don 't know
               | the jurisprudence or case history behind this particular
               | statute.
               | 
               | [1] https://revisor.mo.gov/main/OneSection.aspx?section=5
               | 69.095
               | 
               | [2] https://www.youtube.com/watch?v=9IBPeRa7U8E
        
               | ensignavenger wrote:
               | 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
               | authorization"
               | 
               | No one could possibly prove beyond a reasonable doubt
               | that the reporter did not have "reasonable grounds to
               | believe that he has such authorization". The reporter did
               | not know that the website had private information on it
               | when he accessed the page.
               | 
               | The law does allow for a civil action to be taken by the
               | owner of the computer system (In this case the state)
               | which would lower the standard of evidence to more likely
               | than not- but given the facts of the case, I don't think
               | it comes even close to meeting that bar.
        
               | badRNG wrote:
               | 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 reporter knew the
               | site was using encoding to  "protect" this information,
               | by decoding the information he had believed might contain
               | unauthorized information, he had "examined information
               | about another person" that he had no "reasonable grounds"
               | to believe he was authorized to access.
               | 
               | 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. Further, is a jury or a judge going to be able
               | to find salient AND relevant differences between
               | "decoding" and "decrypting" or "client-side" vs "server-
               | side" software? And are those differences great enough to
               | affect their interpretation of the reporters actions in
               | the context of the statute? Judges, prosecutors, and
               | juries cannot be relied upon to unwrite bad tech laws.
        
               | rbanffy wrote:
               | > 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.
               | 
               | "It is difficult to get a man to understand something
               | when his salary depends upon his not understanding it."
               | 
               | -- Upton Sinclair
        
               | netizen-936824 wrote:
               | This is the point. Even if it gets before a biased judge,
               | any lawyer worth their salt will see that they have no
               | case and will call for a jury trial
        
               | tshaddox wrote:
               | Why would it embarrass the state any more than the
               | governor's public comments already have?
        
               | jvanderbot wrote:
               | Just because you understand it to be a ridiculous charge
               | and view the gov as embarrassing himself, does not mean
               | all have made that judgment for themselves. Those
               | holdouts would latch onto a verdict as truth and view the
               | gov as vindicated.
               | 
               | That's basic legal harassment 101.
        
               | rubyist5eva wrote:
               | I'm sure the governor would rather see this all the way
               | to the end, lose and then cry foul than just admit he is
               | wrong too. He probably already knows he is wrong but no
               | politician would ever admit it. Politicians will dig in
               | their heals until they've dug their own grave than admit
               | fallibility. They are incapable of it.
        
             | leros wrote:
             | It will still end up costing this person tons of legal fees
             | and probably years of stress to get there though.
        
         | geoduck14 wrote:
         | >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.
         | 
         | I don't like the framing either, but for different reasons.
         | From my reading, the journalist is being targeted for
         | _reporting_ the vulnerability or perhaps for _exploiting_ the
         | vulnerability- I 'm not sure.
         | 
         | To be clear, most websites have some disclaimer that says
         | "don't use this website for unauthorized purposes". This is
         | deliberately vague and _includes_ "don't use SSNs that we leave
         | laying around".
         | 
         | Should the website leave SSNs laying around? Definitely not.
         | 
         | Should the web site owner have the strong arm of the law come
         | smashing down on them? Absolutely.
         | 
         | Should others use those SSNs? Definitely not.
         | 
         | If the journalist _saw_ the SSNs and then _did nothing_ , leave
         | him alone. If he _did something with them_ , charge him. If he
         | reported them, and he is _being harassed for reporting them_ ,
         | then write an article about that.
        
           | gaws wrote:
           | > From my reading, the journalist is being targeted for
           | reporting the vulnerability or perhaps for exploiting the
           | vulnerability- I'm not sure.
           | 
           | He reported on the vulnerability, even telling the state it
           | existed. He never exploited it.
        
           | pixl97 wrote:
           | Seeing it and doing nothing is worse in my eyes. That is how
           | you create societies that ignore terrible problems for fear
           | of law enforcement retaliation.
           | 
           | The only way he should be charged is if he committed identity
           | theft or sold the numbers.
           | 
           | This entire debacle is a direct attack on journalists.
        
             | badRNG wrote:
             | >This entire debacle is a direct attack on journalists.
             | 
             | As if this attack on a free press wasn't brazen enough,
             | local PACs have already put out attack ads against the
             | journalist, to frame this as the governor "holding fake
             | news accountable." [1]
             | 
             | [1] https://www.youtube.com/watch?v=9IBPeRa7U8E
        
             | weare138 wrote:
             | And it won't stop there. If this becomes case law it's only
             | a matter of time before people in the tech industry are
             | affected.
        
       | jbjbjbjb wrote:
       | The lock analogy is completely false. A better analogy is state
       | sending this person a letter with all the social security
       | numbers.
        
       | denton-scratch wrote:
       | > If somebody picks your lock on your house
       | 
       | It's not like picking a lock. It's more like turning over a sheet
       | of paper to read what's on the other side. If this guy gets
       | convicted, I'll eat my hat (I wear a fedora).
       | 
       | "Thy just thow their fedora wherever the floor is And start doing
       | horas and taps".
        
         | gaws wrote:
         | > I'll eat my hat (I wear a fedora).
         | 
         | You should do that regardless.
        
           | denton-scratch wrote:
           | I'm aware that there are people here who object to fedoras!
           | TBH I guess I was trolling them.
           | 
           | I don't know what it is; maybe they think it's vanity and
           | fashion. If you asked anyone I know whether that matched me,
           | they'd all burst out laughing - I'm a notorious slob.
           | 
           | I wear a hat because my natural scalp insulation is wearing
           | out, and when I buy things I like to buy good things. A good
           | felt hat with a brim is resistant to heavy rain, for example,
           | and makes a brolly unnecessary.
           | 
           | I like to cook; but I don't know how to cook rabbit-fur felt
           | so that it can be chewed. And my digestion isn't that great.
           | Maybe I went too far, saying I'd do that.
        
         | mattwilsonn888 wrote:
         | "A better analogy would be you're walking in the street past a
         | neighbor's house and notice their front door wide open with no
         | one around. You can see a purse and car keys near the door. You
         | phone that neighbor, and tell them their door is open and their
         | purse and keys are easily visible from the street. Would Parson
         | consider this breaking and entering?"
         | 
         | This was only a few lines below that.
        
           | salawat wrote:
           | You're going down dicey waters there.
           | 
           | Say your neighbor has an atrium and gets medication
           | delivered. Said medication is clearly labeled as light/heat
           | sensitive, and the package is left by the delivery person in
           | direct sunlight. Their front door is unlocked.
           | 
           | You open the door and tuck the package safely inside.
           | 
           | Breaking and entering?
           | 
           | Anyone telling me that qualifies has some serious thinking on
           | Mens Rea to do.
        
             | TechBro8615 wrote:
             | You had me in the first half. I think the better completion
             | of this analogy would be:
             | 
             | You ordered some medication, and the delivery guy drops it
             | in your atrium. You open the package and find that it
             | includes your neighbor's medication, too. You tell the
             | delivery guy that he sent your neighbor's medication. The
             | delivery guy calls the police and requests you be arrested.
        
             | tharkun__ wrote:
             | Technically yes, you are breaking and entering under what I
             | can find as the legal definition of breaking and entering
             | in the US (IANAL and don't live in the US even):
             | 
             | https://www.law.cornell.edu/wex/breaking_and_entering
             | Breaking and entering is the entering of a building through
             | force without authorization. The slightest force including
             | pushing open a door is all that is necessary. Breaking also
             | includes entering a building through fraud, threats, or
             | collusion. To constitute entering, it is sufficient if any
             | part of the accused's body is introduced within a building.
             | It is not considered breaking and entering if the premises
             | are at the time open to the public or the person is
             | licensed or privileged to enter.
             | 
             | So the fact that you wanted to do a good deed is not
             | relevant for it being considered breaking and entering. If
             | only the door was already open and you shoved the package
             | inside without actually ever even having an atom of your
             | fingertip enter the house itself, then it would not have
             | been "breaking and entering".
             | 
             | I completely agree though that nobody in their right mind
             | should want to prosecute you for this. This is the
             | differences between the actual letter of the law as it
             | would be applied by a computer algorithm automatically and
             | a good judge / jury that interprets the law and the facts.
        
               | salawat wrote:
               | >Breaking and entering is the entering of a building
               | through force without authorization.
               | 
               | Where's the force? Door unlocked. I'll give ya the lack
               | of auth though as I'm not willing to die on the hill of
               | unlocked doors being an implied grant of authorization.
        
               | tharkun__ wrote:
               | You ignored the second sentence of what I am quoting.
               | Here it is again:                   The slightest force
               | including pushing open a door is all that is necessary.
               | 
               | Not my words. That said, force does not imply amplitude
               | of said force, except colloquially. This is legal stuff
               | though, which, like say physics, has slightly different
               | use of certain words than most people are used to from
               | day to day life.
               | 
               | As in, I would agree with you that force in regular use
               | is usually used in the sense of a large force. But that
               | is not the actual definition and o ly possible use of the
               | word.
        
           | accountofme wrote:
           | I think a better analogy is that you requested a document
           | about yourself from the state and a bureaucrat sent you your
           | document and a whole bunch more you didn't ask for that was
           | encoded using pig latin.
        
           | TechBro8615 wrote:
           | I don't think the analogies about "someone else's house" work
           | in the reporter's favor, whether the door was open or not.
           | The data was included in source code that the server sent to
           | the client in the normal course of operations.
           | 
           | It's more like if the New York Times dropped a newspaper at
           | your house with the answers to next week's crossword puzzle
           | included on the page.
        
           | denton-scratch wrote:
           | That's _not_ a better analogy. The implication is that
           | somehow the raw HTML is more valuable than the rendered
           | webpage.
           | 
           | You don't get to publish a "rendered webpage"; what you
           | publish is raw HTML. If you didn't want people to read it,
           | you didn't ought to have published it.
           | 
           | [Edit] Also, taking a copy of the HTML isn't like taking keys
           | and a purse. If you take keys and a purse, the owner has been
           | deprived of them. That's not the case with taking a copy of a
           | webpage.
        
             | rich_sasha wrote:
             | It's a good analogy in terms of how far the "breaking into"
             | stuff you go.
             | 
             | The journalist literally only saw what you legitimately see
             | from the street, just as "view source" only shows you what
             | you're supposed to see anyway.
             | 
             | As far as the _technical_ analogy goes, I'd probably agree.
        
               | netizen-936824 wrote:
               | The technical analogy is the only correct one. The other
               | analogies are just plain wrong.
               | 
               | This data is what forms the page that is displayed and is
               | accessible to anyone that can tap the server. This data
               | is what they broadcast to the public
               | 
               | You wouldn't be able to go and shout a bunch of SSNs in
               | the middle of the street and then prosecute anyone who
               | was listening
        
               | shadowgovt wrote:
               | Yep. When Google Street View cars hoovered up in-the-
               | clear wifi data, the most they were ever punished was
               | $25k for impeding the FCC's investigation, not for the
               | actual data collection.
               | 
               | Shouting your information in public is not and should not
               | be grounds to prosecute those who are listening.
        
               | rich_sasha wrote:
               | The accusation is of (1) theft using (2) technology. So
               | there's two aspects to it.
               | 
               | That you focus on the technology side, fine, but don't
               | dismiss people who say the "theft" is not in fact theft,
               | regardless of "technology" involved.
        
               | bobthechef wrote:
        
             | skinkestek wrote:
             | SSNs were available in the source but not in the visible
             | web page.
             | 
             | I say the example is good.
        
               | denton-scratch wrote:
               | What's visible depends on what you use to view the
               | webpage.
               | 
               | GET / HTTP/1.1
               | 
               | If you don't happen to have a GUI ([Edit] or something
               | like Lynx), that's how you read a website. It's not
               | reverse engineering, or de-compiling; that's just
               | displaying exactly what the server served.
        
             | Wowfunhappy wrote:
             | The keys and purse don't represent the raw html, they
             | represent the social security numbers that were visible
             | _in_ the raw html. The front door was wide open in that
             | this information should have been kept in the backend, not
             | the frontend.
             | 
             | It's a good analogy.
        
               | TechBro8615 wrote:
               | It's not a good analogy because your browser is _your_
               | house.
               | 
               | The "open front door" analogy works in some instances of
               | "hacking," like enumerating an ID field in a URL. But in
               | those cases you are making an active request to "enter
               | the door" for each ID. That's not the case here - you
               | downloaded a page you have access to, and the server
               | included more data in the page than it should have,
               | without you asking for it.
               | 
               | It's like somebody tossed a phone book into _your_ open
               | door, and then prosecuted you for reading it.
        
               | Wowfunhappy wrote:
               | Does it really matter whether you're in your own house or
               | standing on the public street? The good Samaritan in the
               | analogy didn't go through the open door. They just phoned
               | their neighbor to warn them: "Hey, your door is open,
               | leaving your purse in plain view. You should probably fix
               | that!"
               | 
               | A bad actor would have actually stolen the purse. Just
               | like a bad actor would have used the social security
               | numbers to commit identify fraud. Since neither of those
               | things happened, prosecuting anyone is ridiculous, in
               | both the analogy and real life.
        
         | o_m wrote:
         | It is like if there was a smaller written text in the ink, and
         | using a microscope you can see what the ink really contains. It
         | was never hidden.
        
           | brayhite wrote:
           | I was reading these attempts at better analogies, kept
           | wondering why someone wasn't making an analogy akin to
           | writing or books, left to read the article, then came back
           | and saw your comment.
           | 
           | Your analogy is much more apropos. Nothing was tampered with
           | or "pulled" from another location, virtual or otherwise.
           | Everything the reporter saw was already there and accessible
           | (the public website), they just knew how to use their lens
           | (browser) in a perfectly legal way to see it.
        
           | denton-scratch wrote:
           | I regret having contributed to this analogy-storm. I thought
           | I was just making a helpful remark, but now it's got out of
           | control.
        
         | ThrustVectoring wrote:
         | The process is the punishment here. The only adequate
         | protection against capricious prosecution is that in principle
         | you can make a stink and vote out the elected officials abusing
         | their power.
        
         | lodovic wrote:
         | To me this is more like writing your SSN on a whiteboard in
         | your living room, with the curtains open so everyone can see
         | it.
        
         | schwartzworld wrote:
         | A sheet of paper that somebody placed inside your home in an
         | unsealed envelope and said "here read this"
        
       | hyiltiz wrote:
       | Sounds like we must better educate people about what is public
       | about the web.
        
         | skywal_l wrote:
         | I don't think it's about education. It's about bad faith and
         | cynical politicians abusing the justice system to intimidate
         | reporters. There is nothing to be done about it but vote those
         | people out.
        
         | peanut_worm wrote:
         | At this point they definitely understand how it works but they
         | are choosing to prosecute anyways to cover their asses
        
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