[HN Gopher] County pays $600k to pentesters it arrested for asse...
       ___________________________________________________________________
        
       County pays $600k to pentesters it arrested for assessing
       courthouse security
        
       Author : MBCook
       Score  : 222 points
       Date   : 2026-01-29 18:48 UTC (4 hours ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | ricree wrote:
       | I remember reading about this when it first happened. Glad there
       | was at least a somewhat positive outcome.
       | 
       | For reference, here is the HN thread shortly after the arrest:
       | https://news.ycombinator.com/item?id=21000273
        
         | lgats wrote:
         | $600k for 6 years of legal battle and facing felony charges? no
         | bueno
        
           | Aurornis wrote:
           | The 6 year, $600K lawsuit was something they initiated
           | against the county.
           | 
           | The initial charges against them were initially dropped to
           | misdemeanors and then dismissed entirely, but that was a
           | separate matter resolved earlier.
        
             | giantg2 wrote:
             | Even being charged without conviction can result in a
             | serious reduction in job opportunities.
        
               | tptacek wrote:
               | Probably not in this case though.
        
               | giantg2 wrote:
               | It's hard to say if they would be able to gain security
               | clearances in the future. Not to mention automated
               | application systems will drop them from the system
               | immediately with a prior arrest.
        
             | jongjong wrote:
             | It seems like a lot. It's not like they were in court full
             | time.
        
           | edm0nd wrote:
           | I'd gladly take such a payout.
           | 
           | Split 2 ways, that is still 300k.
           | 
           | Parked in an investment at 5% a year, that's an easy
           | +$15,000/year for the rest of your life.
        
             | nofriend wrote:
             | Once the lawyers take their cut, you could probably split a
             | ham sandwich between the two of you.
        
               | dylan604 wrote:
               | Don't forget Uncle Sam's cut as well
        
               | wl wrote:
               | Compensatory damages aren't taxable income.
        
               | tiahura wrote:
               | Bzzt.
               | 
               | Generally taxable unless exclusion applies. Main
               | exclusion is personal injury.
        
             | adrr wrote:
             | How much did they spend on lawyers?
        
           | tptacek wrote:
           | This isn't a felony case. In fact, I'm not sure it ever was?
           | It's not clear from their amended complaint, but they were
           | ultimately charged with simple trespassing, a misdemeanor.
           | Those trespassing charges were themselves dismissed a few
           | months later.
           | 
           | What we're talking about today is the resolution of what
           | looks to me (not a lawyer) mostly like a defamation case.
           | Were they defamed? Absolutely. The problem is, to get
           | anything useful out of a defamation case, you need to
           | demonstrate damages. They were accused of a crime --- per se
           | defamation --- but the point of the suit is to recover
           | damages.
           | 
           | I don't want to be glib, and I'm very prepared to be wrong,
           | but the Dallas County Courthouse Incident is likely one of
           | the top 3 world events to have happened to both these
           | pentesters. They've been cause celebres in the field for
           | years and years. It might be pretty tricky to actually
           | demonstrate damages.
        
             | lazyasciiart wrote:
             | Lost clearances at least must count for something.
        
               | tptacek wrote:
               | Did they lose clearances? If they did, it's not in their
               | civil complaint.
        
             | sophacles wrote:
             | They were arrested, arraigned and bonded for felony
             | charges. Those were later reduced to misdemeanor charges
             | and the case was eventually dropped/dismissed (can't
             | remember which) - so they were facing felony charges for a
             | while.
        
         | unsnap_biceps wrote:
         | Darknet Diaries did an interview with the two pentesters:
         | https://darknetdiaries.com/episode/59/
        
           | formerly_proven wrote:
           | ... six years ago!
        
           | somehnguy wrote:
           | Great episode, but infuriating at the same time
        
       | QuercusMax wrote:
       | So... the county sheriff showed up, decided he needed to be a big
       | boss man, and made everything worse for everyone. Sounds pretty
       | typical.
        
         | thinkingtoilet wrote:
         | Exactly. A fragile man needed assert his authority.
        
           | mikkupikku wrote:
           | You don't know the man, and you don't know all of the details
           | and nuances of the situation he was called into. How then do
           | you think to judge him like that? You're just stereotyping.
        
             | thinkingtoilet wrote:
             | I do know the details of the situation. And so did the jury
             | who awarded them $600k.
        
               | tiahura wrote:
               | The detail that there was no jury?
        
               | e44858 wrote:
               | > And so did the jury who awarded them $600k
               | 
               | What jury? The payment happened before the trial: "five
               | days before a trial was scheduled to begin in the case,
               | Dallas County officials agreed to pay $600,000 to settle
               | the case".
        
               | mikkupikku wrote:
               | You're confusing your own assumptions with knowledge.
        
               | GibbonBreath wrote:
               | Are they or are you? How have you determined that they
               | don't understand the details?
        
         | petcat wrote:
         | I might be mistaken, but it sounds like these guys showed up at
         | a facility and did the classical "breaking and entering" thing.
         | The onsite (terrified) staff called 911, the police showed up
         | and arrested them. The perps said that they were _hired to do
         | this_ (they were), but nobody told the Sheriffs office or the
         | staff about it.
         | 
         | So yeah, it sucks for these guys' reputations and criminal
         | histories, but... what? The onsite staff didn't know what was
         | going on, the Sheriffs didn't know what was going on.
         | 
         | The county basically said: "We want you to go try to break into
         | this government building. We aren't going to tell the staff or
         | the local police about it. Tell us what you find."
        
           | unsnap_biceps wrote:
           | you are mistaken. There was no (terrified) staff present. The
           | building was empty and they tripped an alarm on entry.
        
           | QuercusMax wrote:
           | Did you _read_ the article?
           | 
           | They broke in and set off an alarm, the local cops responded,
           | the pentesters showed their credentials, and there was no
           | issue.
           | 
           | Then the sheriff arrived, was butthurt because he felt left
           | out and wanted to show his authority, and caused these guys 6
           | years of grief for literally no reason at all.
        
             | petcat wrote:
             | > the local cops responded
             | 
             | Extremely dangerous and irresponsible for the county not to
             | alert the local police and Sheriffs office that this
             | operation was taking place.
             | 
             | I'm glad these guys got their money.
        
           | noitpmeder wrote:
           | Did you even read the article or review the story? The police
           | showed up, reviewed and even verified their documents (called
           | the numbers on the form to confirm their authorization) and
           | we're seemingly satisfied all was in order.
           | 
           | Only once the sheriff himself arrived on scene did he order
           | the arrest that caused all the issues. If that didn't happen
           | it wouldn't have been a story other than "security
           | professionals doing their authorized job".
        
             | Aurornis wrote:
             | > reviewed and even verified their documents (called the
             | numbers on the form to confirm their authorization)
             | 
             | Apparently there's more to this story. From the original
             | article https://arstechnica.com/information-
             | technology/2019/11/how-a...
             | 
             | > Another reason for doubt: one of the people listed as a
             | contact on the get-out-of-jail-free letter didn't answer
             | the deputies' calls, while another said he didn't believe
             | the men had permission to conduct physical intrusions.
             | 
             | It's actually kind of amazing that the police first let
             | them go after the official contact on the form said they
             | _were not_ authorized to intrude in the building.
        
           | sowbug wrote:
           | > I might be mistaken [snip].
           | 
           | FTFY
           | 
           | Also - a red-team exercise doesn't work if you tell the
           | targets that they're about to be tested.
        
             | petcat wrote:
             | Sure, but that's different than not telling the local
             | police department. Because they will show up with K9s and
             | guns. And then it becomes a very dangerous situation.
        
               | mindslight wrote:
               | That sounds like a problem with police procedures and
               | accountability. It's weird to blame potential victims for
               | that.
               | 
               | And in this case, notifying the police would have
               | seemingly affected the test. Based on the reaction they
               | did have, I would guess such notification would have
               | resulted in the police doing many more drive-bys of the
               | courthouse and generally being alert.
        
           | aksss wrote:
           | Definitely some things could have been done a bit
           | differently. I get that they want to keep staff in the dark,
           | and even beat cops, but it seems reasonable and prudent to
           | have the highest level of local law enforcement brought into
           | the loop in planning red team exercises. The likelihood is
           | high that the team will interface with law enforcement. The
           | escalation path within the enforcement side of the state
           | regulatory machine should be cleared in advance.
           | 
           | I think the takeaway for security teams is that you shouldn't
           | let the customer "authorize" what is otherwise criminal
           | activity warranting a police response without getting some
           | air cover from the enforcement side. Coordinating that is the
           | customer's burden to bear and that cover should be secured
           | before letting them hand-wave away the risks with a "just
           | have the police call me and I'll clear it all up". In
           | hindsight only, when you look at it like that, the security
           | team was not covering their ass appropriately. In a perfect
           | world, you'd assume there's some better planning and
           | communication going on behind the curtain. In the real world,
           | you need more than the flimsy "guarantee" of calling a guy
           | who knows a guy in the middle of the night. At the very
           | least, that get out of jail free card should have had as
           | signatories judiciary representation and enforcement
           | representation (e.g. sheriff).
        
           | wat10000 wrote:
           | If the sheriff had found out what was going on and then let
           | them go, this wouldn't be news.
           | 
           | If the sheriff had arrested them and found out in the morning
           | what was going on and then let them go, this wouldn't be
           | news.
           | 
           | If the sheriff had arrested them and brought them before a
           | judge who let them go, this wouldn't be news.
           | 
           | What actually happened is the sheriff found out what was
           | going on, decided it was still criminal anyway, arrested
           | them, and then the county charged and prosecuted them. The
           | charges were eventually dismissed. _That_ is why it 's news.
           | 
           | And icing on the cake, the current county attorney disagrees
           | with the dismissal done by his predecessor, and says that he
           | will prosecute any future incidents of this nature.
           | https://www.kcci.com/article/coalfire-contractors-settle-
           | dal...
        
           | edm0nd wrote:
           | why even bother commenting if you didnt even read the
           | article. You just spewed out a bunch of bullshit nonsense of
           | nothing that happened lol
        
         | Aurornis wrote:
         | That was my first impression, but reading the original story
         | from 2019 has a much less one-side pictures:
         | https://arstechnica.com/information-technology/2019/11/how-a...
         | 
         | My other comment has more details, but a summary is that they
         | the pentesters had been drinking before breaking into the
         | building, were doing things that could be interpreted as being
         | forbidden by their own contract, and the big one: The person
         | listed on their authorization letter denied that they were
         | approved to enter the building when called.
         | 
         | That last one is a big deal. If your own authorization contacts
         | start telling the police you're not authorized to be in the
         | building, you're in trouble.
        
           | janalsncm wrote:
           | Yeah I think that's pretty useful context. I can understand
           | arresting them and clearing it up with a judge in the
           | morning. I can't understand continuing to defame them as the
           | lawsuit alleged.
           | 
           | If that's all that had happened I'm guessing it would've
           | avoided a lawsuit, since their purpose was to restore their
           | reputational damage.
        
             | tag2103 wrote:
             | This seems to be on par for this Iowa county which their
             | ignorance sadly has painted a major target on their
             | innocent citizens- related article:
             | 
             | "Dallas County Attorney Matt Schultz told KCCI: "I want to
             | be clear that the decision to dismiss the criminal charges
             | that resulted in this civil case against Dallas County was
             | made by a previous County Attorney. I am putting the public
             | on notice that if this situation arises again in the
             | future, I will prosecute to the fullest extent of the law."
             | 
             | https://www.kcci.com/article/coalfire-contractors-settle-
             | dal...
        
               | lux-lux-lux wrote:
               | Schultz (a 'tough on crime Republican') is the prosecutor
               | who filed charges when this thing happened originally, so
               | no surprise he still defends his decision.
        
       | OutOfHere wrote:
       | For someone who is in such a position in the future, always
       | notify the local police in writing and by phone call, if not also
       | in person, before starting such an exercise. Make sure they have
       | the get-out-of-jail documentation in advance of the exercise. If
       | the police doesn't approve, don't do it. It would be better to
       | get a no-objection letter from the police in advance. Make sure
       | an attorney is aware of the activities and all documentation. Do
       | not take any chances. You don't live in a kind or forgiving
       | world. Handling unknown unknowns is the point.
        
         | sehugg wrote:
         | They had written authorization from the state court and verbal
         | confirmation from state court officials. They didn't know there
         | would be a pissing match between the judicial branch and the
         | sheriff.
        
           | 827a wrote:
           | But afaik this wasn't a state courthouse; it's a county
           | courthouse. Legally, obviously, the state has authority and
           | they were in the right, but functionally this is really good
           | advice: if you're doing a penetration test of a space, you
           | functionally need to clear it with the people who are
           | responsible for the security of that space, and whom you
           | might encounter defending it.
           | 
           | Frankly, I would not have taken this gig unless you had
           | verbal confirmation that the Sheriff knows about it and has
           | signed off. If you're entering a red team situation where the
           | State wants to assess the security of their county
           | courthouses, but doesn't want the local authorities to know
           | its happening because they don't trust them: That is _not_ a
           | situation you want to be in the middle of, they gotta sort
           | that out.
        
             | jstanley wrote:
             | Easy to say in hindsight.
        
               | OutOfHere wrote:
               | Considering today's world, they're lucky they didn't get
               | shot dead with an entire clip.
        
               | aksss wrote:
               | Hindsight's how we all learn. Doing it over again, I'm
               | sure those guys would have done things differently. Any
               | team would be crazy today to not be more prudent in how
               | they operate.
        
               | jstanley wrote:
               | Sure, the part I thought was "easy to say in hindsight"
               | was:
               | 
               | > I would not have taken this gig unless you had verbal
               | confirmation that the Sheriff knows about it and has
               | signed off.
               | 
               | We don't know that! We don't know what we would have done
               | in that scenario, especially in the context of a thread
               | about the very outcome one's supposed foresight would
               | have prevented.
               | 
               | From https://en.wikipedia.org/wiki/Hindsight_bias#Attempt
               | s_to_red... :
               | 
               | > Research suggests that people still exhibit the
               | hindsight bias even when they are aware of it or possess
               | the intention of eradicating it. [...] The only
               | observable way to decrease hindsight bias in testing is
               | to have the participant think about how alternative
               | hypotheses could be correct.
               | 
               | So here's an alternative hypothesis:
               | 
               | "Hey, do you reckon we should clear this with the county
               | first? The sheriff might come and arrest us on the basis
               | that nobody told him we were going to break into the
               | courthouse"
               | 
               | "Nah, don't worry about it, I've done this sort of thing
               | hundreds of times. And besides, the state has superiority
               | over the county anyway, so even if we get caught which
               | let's face it we won't because we're leet hackers and
               | very incognito... the sheriff won't have any power to do
               | anything to us as soon as we tell him it's authorised by
               | the state"
               | 
               | "SGTM"
        
             | tiahura wrote:
             | _Legally, obviously, the state has authority_
             | 
             | That's not legally obvious. State v county control over
             | courthouses creates fights over everything from Aesbestos
             | to parking to security. The legal answers lie in state
             | constitutional provisions that nobody ever reads and aren't
             | particularly helpful.
        
         | xmcp123 wrote:
         | Wouldn't that in a lot of ways invalidate the test?
         | 
         | You're trying to see what can be done and what the response is
         | from the current security practices and the police showing up
         | seems like an important part of that.
        
           | OutOfHere wrote:
           | It is not clear what as the defined purpose of the test, if
           | it was to measure a successful entry+exit, or measure police
           | response, or both. If measuring the police response was a
           | purpose, the police should still have been notified, just not
           | of the exact date when it would happen. Executing it on a
           | random day should offset the prior awareness of the police.
           | Secondly, it is up to the police leadership to keep it quiet.
        
         | Aurornis wrote:
         | > If the police doesn't approve, don't do it. It would be
         | better to get a no-objection letter from the police in advance.
         | 
         | The article says they did have an authorization letter from the
         | state court officials (the people running the building) and
         | they were released right after the letter was verified with the
         | court officials.
         | 
         | At least from what I can see, the police officers involved were
         | doing the right thing. They detained the suspects, made a
         | proper effort to listen to them and validate their story, and
         | then released them.
         | 
         | It was the Sheriff who showed up and didn't like it who then
         | hassled them further.
         | 
         | They basically had a no-objection letter from the people in
         | charge of the building and the police _officers_ were onboard.
         | It was one person who tried to turn it into something else.
        
         | antonymoose wrote:
         | That simply is not how the police work. If they get a call
         | about a break in they're going to respond and assess.
         | 
         | I bought property with a shooting range years ago from a
         | retired SWAT officer with the county. He mentioned that "he
         | always calls the sheriff's office to let them know if he was
         | doing anything." Now I'd never owned a private range and am not
         | from this county.
         | 
         | I called up the sheriff's office and asked for clarification. I
         | was advised that no such policy / program exists or is required
         | and if the officer must have had is own internal policies and
         | chain o command and that is irrelevant to me as a random
         | citizen. In short, if a call is made about a shooter they will
         | have to respond and so long as I'm not doing anything stupid,
         | dangerous, or outright illegal I have nothing to worry about.
         | The same goes for any other type of call.
        
         | giantg2 wrote:
         | If the state wants to verify the counties are doing an adequate
         | job, then tipping them off could result in an invalid
         | assessment. The sheriff's reaction raises suspicion that there
         | are deficiencies he doesn't want found
        
       | rappatic wrote:
       | This happened in 2019. The wheels of justice turn very slowly.
        
         | lazide wrote:
         | Justice delayed is justice denied.
        
           | ddtaylor wrote:
           | Two people for six years in that industry they probably lost
           | a lot more than $600k.
        
             | IshKebab wrote:
             | I doubt they were out of work for that whole time.
        
               | tptacek wrote:
               | They were held for a total of 20 hours.
        
               | sudobash1 wrote:
               | Particularly not with the free advertising they got from
               | this.
        
         | otikik wrote:
         | Except for the wealthy, who can dial it up or down
        
         | tptacek wrote:
         | Certainly the wheels of civil suits do.
        
           | giantg2 wrote:
           | My state, like many, defines a speedy criminal trail as the
           | trial commencing any time within 5 years of being charged...
        
         | giantg2 wrote:
         | When they turn this slowly it's disingenuous to call it
         | justice. Spending 10% of your adult life locked in legal
         | battles is a ridiculous price to pay for something that should
         | be resolved in under a year.
        
       | samrus wrote:
       | I kinda hate that it settled. I fully understand the plaintiffs
       | not wanting to proceed, but i really wish the sheriff was
       | actually punished for what he did. This sort of power tripping
       | should be a fireable offence
        
         | worik wrote:
         | An elected officer. So punishment by ballot box?
        
           | QuercusMax wrote:
           | Since when are elected officials immune from prosecution for
           | crimes?
        
             | mminer237 wrote:
             | Nobody was pressing (or even alleging) crimes by the
             | sheriff AFAIK.
        
           | simonw wrote:
           | That thing where law enforcement officers can be elected is
           | such a weird American oddity.
           | 
           | Most countries appoint law enforcement officers who are
           | qualified for the job.
           | 
           | We had a problem last year here in San Mateo County,
           | California where our sheriff was corrupt but we had to pass a
           | ballot measure because we couldn't just fire them:
           | https://calmatters.org/justice/2025/10/san-mateo-sheriff-
           | rem...
        
             | wrs wrote:
             | On the other hand, look at our current appointed DoJ and
             | FBI leadership. No solution is foolproof.
        
             | toast0 wrote:
             | In larger counties, the elected Sherrif is usually more
             | managerial and less hands on. If not elected directly, the
             | Sherrif would likely be chosen by the elected County Board
             | of Supervisors. Which I guess gives you more ability to
             | fire, but also means more indirection from the will of the
             | people.
        
             | noitpmeder wrote:
             | Appointments are a whole other issue (see the extreme
             | turnover in the American executive branch every 4 years).
             | Id rather the head of my local police dept be significantly
             | supported by the populating instead of an appointment from
             | a governor, mayor, ... whose entire schtick can change on a
             | dime.
             | 
             | Independent elections are a good thing. Bundling offices
             | together under a single election that appoints the rest of
             | the world is terrible and only leans further into the two
             | party see-saw that exists in the USA.
             | 
             | I really wish for proportional representation. Not that it
             | really applies to your local police force, but we need to
             | break apart the complete A-or-B nature of American
             | politics. Form coalitions, not monoliths that trade off
             | earning 51% of the electorate every cycle that the
             | completely repoints the entirety of the govt for the next 4
             | years.
        
         | canucker2016 wrote:
         | Sheriff Chad Leonard (queue chad references...) retired in
         | 2022.
         | 
         | see
         | https://www.desmoinesregister.com/story/news/2022/08/29/dall...
        
           | justin66 wrote:
           | It's a pity the $600k won't be deducted from his retirement
           | income.
        
       | zerr wrote:
       | Should have been at least 6 mln for each, and 15+ years of max
       | security jail for those who abuse power, including those who
       | "just followed orders".
        
       | Aurornis wrote:
       | I'm glad the charges were dismissed, but to be honest the
       | original reporting shows the story was actually more nuanced than
       | this article led me to believe. 2019 article:
       | https://arstechnica.com/information-technology/2019/11/how-a...
       | 
       | I'll probably get downvoted for even questioning the narrative,
       | but here are some of the nuances that stood out to me:
       | 
       | - When the police contacted someone listed on the authorization
       | letter, that person denied that they had been authorized to
       | conduct physical intrusions. Another contact didn't answer their
       | phone. What are the police supposed to do if the people
       | supposedly authorizing the intrusion are actively denying the
       | authorization?
       | 
       | - The contract had vague language that say they couldn't "force-
       | open doors". The two men told police they had used a tool to open
       | a locked door. The language should have been more specific about
       | what was and was not allowed. (EDIT: This is causing a lot of
       | controversy. The legal definition of "forced entry" in my state
       | does not require literal damage to the property, only a bypassing
       | of barriers. I don't know about the circumstances in this state,
       | but to be clear the term "force-open doors" doesn't necessarily
       | mean using destructive force everywhere)
       | 
       | - The contract said "alarm subversion" was not allowed, but
       | supposedly the police had evidence that they were trying to
       | manipulate the alarm. They deny this.
       | 
       | - The men had been drinking alcohol before the break-in. By the
       | time they were breathalyzed it was at 0.05, meaning the number
       | was even higher when they started the break-in. Drinking alcohol
       | before you do a professional job guaranteed to get the police
       | responding is a terrible idea.
       | 
       | - After they tripped the alarm and the police showed up, they
       | didn't immediately identify themselves and end the exercise. They
       | hid from the police, claiming that they were "testing the
       | authorities' response" which seems obviously out of scope for
       | their agreement.
       | 
       | So I agree that the charges were excessive and the Sheriff was in
       | the wrong on a lot of things, but after reading the details this
       | wasn't really a clear cut case. The pentesters weren't really
       | doing everything "by the book" if they thought that testing _the
       | police response_ by hiding was in scope of their contract and
       | doing this job after a few alcoholic beverages is a bizarre
       | choice.
        
         | arcfour wrote:
         | I'm not saying it's the most professional choice, but if I were
         | about to burgle a courthouse as part of my work, I'd like a
         | beer or two to calm my nerves beforehand.
         | 
         | Regarding force, this article says:
         | 
         | > The rules of engagement for this exercise explicitly
         | permitted "physical attacks," including "lockpicking," against
         | judicial branch buildings so long as they didn't cause
         | significant damage.
         | 
         | And later that they entered through an unlocked door, which
         | they (it sounds like) kept unlatched by inserting something
         | between the latch and the doorjamb. Not unreasonable.
        
           | Aurornis wrote:
           | > I'm not saying it's the most professional choice, but if I
           | were about to burgle a courthouse as part of my work, I'd
           | like a beer or two to calm my nerves beforehand.
           | 
           | This is a job where having impaired judgment is a terrible
           | idea.
           | 
           | If someone needs alcohol to do a job that involves taking the
           | role of a criminal and summoning the police, drinking alcohol
           | before it is a terrible choice no matter how you look at it.
           | If they can't do the job without alcohol, they shouldn't be
           | doing the job at all. Maintaining unimpaired judgment is a
           | baseline expectation for a job like this.
        
             | arcfour wrote:
             | I doubt judgement is heavily impaired at 0.05 BAC. That is
             | at or below the legal limit to drive a car.
             | 
             | And it really is more of a red herring since they were
             | obviously not visibly intoxicated and they didn't actually
             | do anything illegal. Their BAC is more of an issue between
             | them and their employer, and has no bearing on their false
             | arrest.
        
               | Aurornis wrote:
               | > I doubt judgement is heavily impaired at 0.05 BAC. That
               | is at or below the legal limit to drive a car.
               | 
               | 0.05% BAC will result in a DUI in many countries.
               | Regardless, any impairment on a job where you're doing
               | things guaranteed to summon the cops is a very bad idea.
               | 
               | BAC also declines linearly over time. I doubt (hope?)
               | they weren't drinking on the job, but a 0.05% BAC
               | measured after their arrest means their BAC would have
               | been higher when they started breaking into the building
               | earlier in the night.
        
               | tptacek wrote:
               | Only Utah has a 0.05 standard. (I think drinking before a
               | nighttime physical pentest is a bad idea).
        
               | shawn_w wrote:
               | Washington might be moving to 0.05 too. (A bill just
               | narrowly passed the state Senate; still has to clear the
               | state house)
        
               | janalsncm wrote:
               | > I doubt judgement is heavily impaired at 0.05 BAC
               | 
               | Physical coordination becomes an issue. 70% of subjects
               | tested struggled to maintain lane position at 0.02%.
               | 
               | https://pmc.ncbi.nlm.nih.gov/articles/PMC102344
        
               | arcfour wrote:
               | I don't see how that relates to, say, software
               | engineering or physical pentesting though. And 1/3 people
               | is still a fairly significant number that do not suffer
               | ill effects. I also said _heavily_ impaired--not that
               | they were categorically not suffering from any effect of
               | the alcohol.
               | 
               | My point is not that they definitely should have done it.
               | It is simply that, in this context, it's really not a big
               | deal & is not really germane to the discussion at all.
               | They did nothing wrong, stone cold sober or not.
        
               | lux-lux-lux wrote:
               | That's not what your link says; impairment at 0.02 BAC is
               | _measurable_ , but a fraction of standard day-to-day
               | variation for a person. It's roughly equivalent to
               | missing coffee at breakfast.
        
               | themafia wrote:
               | > heavily impaired
               | 
               | The level of impairment doesn't matter. They are
               | impaired. There is no standard or testing which reveals
               | the minimum level of impairment that one can safely do
               | the job. So, you don't do it impaired, at any level,
               | period.
               | 
               | > and has no bearing on their false arrest.
               | 
               | Two people that have obviously been drinking, hiding from
               | police, and then making up fantastic sounding stories as
               | to why they're in a tax payer owned facility outside of
               | working hours. The police had good reason to effect an
               | arrest so it can't be "false arrest."
        
           | kstrauser wrote:
           | I'd have more "eager" than "anxious" nerves, and I wouldn't
           | need a beer for that. The fun thing about pentesting is that
           | it doesn't matter if you get caught, although it's more fun
           | if you don't.
           | 
           | Hard agree about "forcing", though. The very word implies,
           | you know, non-trivial amounts of _force_. Like technically
           | walking toward a door in a normal human room at standard
           | temperature and pressure means you 're applying non-zero
           | amounts of force to it, so arguments like "they applied any
           | force at all" can be ignored as goofy.
        
           | janalsncm wrote:
           | Is drinking common for physical pentesters? I just do boring
           | software stuff but I'm pretty sure drinking on the job would
           | be a fireable offense for me.
           | 
           | And even if their BAC was technically under the legal limit,
           | their ability to e.g. drive was impaired. So it seems
           | unprofessional.
        
             | arcfour wrote:
             | Their ability to drive being impaired is somewhat dubious
             | since they are under the legal limit in all of the states I
             | have heard of.
             | 
             | W/r/t drinking and working, I personally dislike the
             | puritanical zero tolerance for alcohol approach that people
             | here in the US seem to take by default. Most people can
             | have one or two drinks and work just fine, with obvious
             | exceptions.
             | 
             | I don't think we should judge people who have to travel to
             | a boring small town in Iowa and have to go to work in the
             | middle of the night for having a drink or two.
             | 
             | If you can't have just a drink or two, or have to do it
             | every day, that's a bigger issue that goes beyond work vs.
             | simply having a drink and doing work on occasion.
        
               | chneu wrote:
               | Agreed about the puritanical stance here in the US.
               | 
               | People drive on prescription drugs like it's nothing. But
               | a beer? Haha.
               | 
               | For context, I've been sober for a decade. I don't mind
               | if people have a beer. I get it.
        
             | IshKebab wrote:
             | > I just do boring software stuff but I'm pretty sure
             | drinking on the job would be a fireable offense for me.
             | 
             | What?? For real?
        
             | Aurornis wrote:
             | > Is drinking common for physical pentesters?
             | 
             | Absolutely not.
             | 
             | Physical pentest scenarios are highly likely to end with an
             | alarm tripping and the police arriving, except in cases
             | where the alarm wasn't armed, didn't have connectivity, or
             | was broken.
             | 
             | An encounter with the police was virtually guaranteed in
             | this case. Drinking before the job was highly unusual and
             | irresponsible.
        
             | kube-system wrote:
             | > I just do boring software stuff but I'm pretty sure
             | drinking on the job would be a fireable offense for me.
             | 
             | I've never worked a software job where I wasn't provided
             | free alcohol at work.
        
             | mandevil wrote:
             | Obligatory XKCD: https://xkcd.com/323/
             | 
             | Note that Monroe's number for the peak (0.13%) is
             | significantly higher than legal limit for driving, and than
             | these guys recorded here.
        
           | technion wrote:
           | I'll note 0.05 means you can't legally drive in Australia and
           | would be issued a DUI.
        
         | 1970-01-01 wrote:
         | The police settled for $600k, it wasn't dismissed.
        
           | Aurornis wrote:
           | The original charges against them were dismissed.
           | 
           | They brought a separate case against the police and were
           | awarded $600K
           | 
           | Two separate legal matters for the same event.
        
             | 1970-01-01 wrote:
             | Ok that makes much more sense
        
         | bink wrote:
         | I performed these types of physical pen tests years ago. If we
         | were testing security for something like a courthouse we
         | would've had a card on each of us with the personal cell phone
         | number of the county clerk along with a statement of work that
         | described exactly what we were authorized to do, with
         | signatures. In some cases we'd have a backup contact number for
         | more dangerous stuff. The idea that the emergency contact would
         | not answer the phone would've seemed ludicrous. They were
         | always aware of where we were and what we were doing at all
         | times.
         | 
         | Damaging property was never approved. Drinking alcohol before a
         | test would never happen. The insurance risk alone would've been
         | nuts, not to mention the reputational damage if someone smelled
         | it on your breath. Hiding from law enforcement? I'd need to
         | know more about that. If a cop shows up with a gun you
         | absolutely do not hide. If it's a security guard on rounds and
         | you're waiting for them to move on... sure.
         | 
         | It was often dangerous though. Some security and law
         | enforcement types take it personally that they're being
         | "tested" and do not react well. We always tried to have some
         | former law enforcement or military with us because they were
         | less likely to be targeted for abuse than us hackers/nerds.
        
           | rainonmoon wrote:
           | > If we were testing security for something like a courthouse
           | we would've had a card on each of us with the personal cell
           | phone number of the county clerk along with a statement of
           | work that described exactly what we were authorized to do,
           | with signatures.
           | 
           | You mean... the thing that they had? FTA:
           | 
           | "Within minutes, deputies arrived and confronted the two
           | intruders. DeMercurio and Wynn produced an authorization
           | letter--known as a "get out of jail free card" in pen-testing
           | circles. After a deputy called one or more of the state court
           | officials listed in the letter and got confirmation it was
           | legit, the deputies said they were satisfied the men were
           | authorized to be in the building."
           | 
           | There's also no indication that they damaged property (they
           | used a UDT to trip a sensor to bypass the door). Neither of
           | us were there, but based on the actual reporting it sounds
           | like the worst anyone could accuse these people of being is
           | stupidly unprofessional and bad communicators, which if you
           | worked with pentesters shouldn't seem like an unprecedented
           | aberration.
        
             | Aurornis wrote:
             | Read the article further. When the police called the phone
             | number on the document, the person on the other end denied
             | that they were authorized to be in the building.
        
               | rainonmoon wrote:
               | But I'm responding to the notion that they should've had
               | signed documentation with the scope with them. They did.
               | The fact that their own company hung them out to dry by
               | not informing everyone on that list is not the
               | pentesters' fault.
        
           | tiahura wrote:
           | IIRC they had permission from the state court administrator,
           | but not the county. The building is a county building. And,
           | as it does in all sorts of jurisdictions with a similar
           | setups, pissing contests arise over various issues.
        
           | Aurornis wrote:
           | > Hiding from law enforcement? I'd need to know more about
           | that. If a cop shows up with a gun you absolutely do not
           | hide. If it's a security guard on rounds and you're waiting
           | for them to move on... sure.
           | 
           | According to the article, they were hiding from the police
           | who showed up, not security guards.
           | 
           | Testing the police is undeniably out of scope in a situation
           | like this. If the police show up, the exercise needs to be
           | over. You announce your presence and de-escalate, not try to
           | outmaneuver the police.
           | 
           | These two guys only look like heroes in contrast to the over
           | zealous sheriff. Everything else about their operation ranges
           | from amateur hour to complete incompetence, such as drinking
           | before a job.
        
         | tiahura wrote:
         | All of that is true, but it only means that it should have
         | taken a few hours to sort out instead of 15 minutes. It became
         | a pissing match between the courts and the county and these guy
         | got squeezed. As a lawyer, I can't believe that there wasn't a
         | lawyer for the county telling them that night that this was
         | going to cost them.
        
         | ottah wrote:
         | Seems reasonable to assume some blame from the pentesters, but
         | neither are police known to be faithful and honest presenters
         | of the truth. I'm not firmly convinced that the police story
         | isn't exaggerated or embellished.
        
       | aussieguy1234 wrote:
       | Not bad bug bounty if you ask me
        
       | mschuster91 wrote:
       | Public service sector: we can't find employees and contractors
       | willing to work for us!
       | 
       | Also public service sector: this right here.
       | 
       | Besides, let me guess, that sheriff is elected?
        
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