Palin Email Hack: Man Indicted

KNOXVILLE, Tenn. — The son of a Democratic Tennessee state lawmaker pleaded not guilty Wednesday to hacking the e-mail account of Republican vice presidential candidate Sarah Palin.

David Kernell, 20, of Knoxville, Tenn. entered the plea in federal court in Knoxville, the same day prosecutors unsealed an indictment charging him with intentionally accessing Palin's e-mail account without authorization.

Kernell, an economics student at the University of Tennessee, was brought into court wearing handcuffs and shackles on his ankles.

He was released without posting bond, but the court limited his computer use to checking his own e-mail and doing class work.

Kernell's father is longtime state Rep. Mike Kernell of Memphis, chairman of Tennessee's House Government Operations Committee. The lawmaker has said he had nothing to do with the hacking incident.

David Kernell was indicted Tuesday by a federal grand jury in Knoxville and faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. Trial is set for Dec. 16.

The investigation is continuing. The indictment said at least one other person successfully reset Palin's e-mail password and accessed her e-mail account after the hacker named "rubico," whom the government contends is Kernell, posted his exploits on the Web.

"I wouldn't say specifically whether that other individual may be charged or not," Justice Department spokeswoman Laura Sweeney said from Washington.

U.S. Magistrate Judge C. Clifford Shirley restricted Kernell from discussing the case with any potential witnesses, which include his roommates.

Kernell was also restricted from having any contact directly or indirectly with the Alaska governor or her family.

Shirley warned that if Kernell violated any part of his release conditions, he would be held until the trial.

Kernell's attorney, Wade Davies, accompanied his client in court.

"As soon as we found out about the charges this morning, David voluntarily turned himself in," said Davies, who refused to answer any other questions.

The indictment alleges that on Sept. 16 Kernell reset the password to Palin's personal e-mail account to gain access to it. Authorities say Kernell then read the contents of the account and made screenshots of the e-mail directory, e-mail content and other personal information, later posting some of the information to a public Web site.

Comments

[RTIII]

It's so very sad to see so many presumptive posts proclaiming in various ways that the kid is guilty.

-sigh-
.

[milo h minderbinder]

I'm very skeptical about this "confession".

Maybe Kernell did it, maybe not.

I have doubts that the "confession" was written by the same guy that 'hacked".

If someone was SO panicked about the FBI tracking them, why go online again and post giving more of a trail and info to HELP the FBI? Why, particularly someone worried about getting caught, sign a message with a valid email address, particularly one they had used widely on things like facebook? Plus the comment that there was nothing of interest in the emails when the list of subjects makes it look otherwise.

Anyone could theoretically be that stupid, but seems unlikely.

My theories.

Scenario 1:
1) Kernell hacks the email
2) Someone else either knows he did it or suspects him, is pissed about it, and posts the "confession" with the alias they know Kernell always uses

Scenario 2:
1) Someone else hacks the email, maybe someone who goes to school with Kernell or otherwise knows him, maybe someone unrelated who just googled around until they found a democratic politician with a kid in college
2) They post the "confession" with Kernell's alias.

Use common sense.

If YOU did this, would you post a confession, or just vanish once the info leaks?

Would you change the password to something similar to YOUR OWN NAME, or just "password" or "palinsucks"?

If you did post about how it was done, would you sign it with the alias for your email, facebook, wikipedia, and other things?

[Thad]

From corporate-­sellout.co­m :

Devaluing Language

The news media have been misusing the term "hacker" for at least the past two and a half decades — to the point that their definition has become the accepted one, and a formerly positive term has developed a terrible stigma. But apparently the past 25 years of shoddy "journalism" on the subject were just not sloppy enough, because now they can't even adhere to their OWN stupid and wrong definition of the word — as evidenced by a million articles currently claiming that Sarah Palin's E-Mail was "hacked".

By all accounts, a scammer gained access to Sarah Palin's account by using the "reset password" feature — and, allegedly, the secret question she had used as the key to resetting her password was her zip code.

Let me be absolutely clear on this: KNOWING HOW TO USE A PHONE BOOK *DOES NOT MAKE YOU A HACKER.* IF YOU THINK IT DOES, *SHUT UP*, BECAUSE YOU ARE *STUPID.*

"Hacker" used to be a positive term. And then, it became a negative term that at least implied some level of skill. Now, it apparently means anyone unscrupulous who has at some point been in the same room as a computer.

Hell, when our Internet connection goes out, I call the cable company and tell them I'm my roommate, because his name's on the cable bill and they won't talk to me if I tell them the truth. Apparently THAT qualifies as "hacking" now.

[Obama4Life]

This guy fails at hacking.

[Ramirez]

Epic fail.

He got indicted.

[milo h minderbinder]

Maybe, we don't know yet.

Maybe he did it, maybe someone else did and just signed his email address to it. That's why we have a trial.

[rejoyce5]

Palin should come out and forgive him. Let him spend a few days in jail and be done with it. Pretty stupid thing for him to do and he's 20!!!!!

[Marichu]

The alleged perpetrator may have felt he had a moral justification to hack into Pa lin's e-mail account. His rationale was his desire to find incriminating evidence against Pa lin of possible misconduct; an attempt to justify a legally questionable act in such a way to make it seem right and maintain a clear conscience. For the most part, when using moral justification as an argument, it limits ethical decision-making. His youth in conjunction with his political/­ideologica­l zeal may have clouded his judgment. He genuinely wanted to do the right thing. If this young man is culpable, then there has to be a judicial outcome.

[SpottyBush]

Give him the Congressional Medal of Honor !

[LeftRight]

When did he join the military?

[LemonMeringue]

There is something wrong with a country in which this man gets indicted for hacking into her email, but she is unpunished for hiding government activity by using secret personal emails.

[milo h minderbinder]

She is under investigation right now - there may be consequences for her doing this.

[LeftRight]

But this kid's already being indicted, while the investigation into HER potential misdoings (which was set to be done by the time of the election, with BIPARTISAN support....) is now being delayed (at least) until after the election (if it's held at all!)

[Palemoon]

Destin, saw your post, am home now as you know. :P Posting a new message in case others want to know my tricks, lol. But here are some quotes you are probably thinking of that I have quoted from Locke before and that fit the "they can, but I can't" legalese in question.

"Wherever Law ends, Tyranny begins."

"And because it may be too great a temptation to human frailty, apt to grasp at power, for the same persons, who have the power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from obedience to the laws they make, and suit the law, both in its making, and execution, to their own private advantage ."

(Bingo above)

"As usurpation is the exercise of power which another has a right to, so tyranny is the exercise of power beyond right, which nobody can have a right to."

That last one, is where I get my diatribe of "you can't break the law to enforce the law" from. As far as my secret to finding all these quotes on a moment's notice? Wikiquote.

http://en.wikiquote.org/wiki/John_Locke

Also, those quotes come from this book, recommended reading for everyone!! It's a free download in ebook form, or can read off the website at your leisure.

http://www.gutenberg.org/etext/7370

Just click the "read online" link, or download to read in your fave ebook reader.

[Ramirez]

"Phot had helped, and boooze; maybe a little blo when you could afford it. Not smaack, though..."

[Palemoon]

Sounds suspiciously like El Presidente, whom is not a philosopher. But that's a very funny thought, to envision someone of his stature, to be a philosopher!

[layman]

The Cheney, the Boosh should be in handcuffs, NOT this kid !!!!!!!

Department of Injustice of USA.

[Birdman]

Figures it had to be the kid of a politician. Worst part is the politician was a democrat, more ammo for the rethug smear machine. I give McSame 2 days to some how connect Obama to this. Maybe McCain can channel Kevin Bacon and make that 6 degrees of seperation connection.

[luvobama]

He's a kid. Just like Palin's. They really don't want to go there.

[layman]

This kid has got some brain. Moose mama's kids are sexed up school dropouts.

[milo h minderbinder]

At this point we don't know it was him.

And while if it turns out to be him, it reflects poorly on his dad, at this point there's nothing to suggest that his dad or the party was involved at all.

[Ramirez]

An excerpt of comments from "rubico" as posted on 4chan.
***

I read though the emails… ALL OF THEM… before I posted, and what I concluded was anticlimactic, there was nothing there, nothing incriminating, nothing that would derail her campaign as I had hoped, all I saw was personal stuff, some clerical stuff from when she was governor…. And pictures of her family

I then started a topic on /b/, peeps asked for pics or gtfo and I obliged, then it started to get big

Earlier it was just some prank to me, I really wanted to get something incriminating which I was sure there would be, just like all of you anon out there that you think there was some missed opportunity of glory, well there WAS NOTHING, I read everything, every little blackberry confirmation… all the pictures, and there was nothing, and it finally set in, THIS internet was serious business, yes I was behind a proxy, only one, if this s*** ever got to the FBI I was f******, I panicked, i still wanted the stuff out there but I didn’t know how to rapids*** all that stuff, so I posted the pass on /b/, and then promptly deleted everything, and unplugged my internet and just sat there in a comatose state

http://michellemalkin.com/2008/09/17/the-story-behind-the-palin-e-mail-hacking/

[luvobama]

So.

[KarateKid]

Well well, a Malkin visitor. What's the matter with you, do you think ANYONE who frequents this site will have ANY interest in that lunatic? How dumb can you get?

[Ramirez]

The hacker discusses his methods and what he did with the info.

If you can handle it, click the link. If you can't, don't.

[luvobama]

Our current administration has not set a very good example. Children learn what they live.

Nice job of setting the standard. At this rate my children will think it's ok to drop their spouses and children for a sandwich out of the ga rb age.

Great.

[masterblaster71]

First of all; what the state alleges this kid did is not "Hacking" in the strictest sense. He guessed Palins security questions correctly. No doubt she used the names of her kids or Todd or some other well publicized bit of information which has become public knowledge since she showed up on the national scene. If Sarah Palin had half a brain, she would use a more secure password. But we all know the trouble she has with words. Second of all: This is such an obvious over-reaction on the prosecutors part its absurd. Opening an email account is NOT a federal offense. If this kid had opened her snail mail he wouldn't be looking at charges like these (and that IS a federal offense.) This is pure politics. Sarah Palin and all those of her ilk are a cancer that must be burned away or dug out, like so many of John McCains lymph nodes.

[luvobama]

Clever kid. Who'd have thunk.

Considering Mccadaver doesn't know how to use a computer, this kid is a genius.

[Palemoon]

LMFAO!!! McCadaver!! I love it!!

BEST POST EVER!!

[Ramirez]

The indictment has been posted on "The Smoking G u n."

http://www.thesmokinggun.com/archive/years/2008/1008081palin1.html

[luvobama]

Is the indictment for you and your party their too? You know the one that charges you with mu rd er?

[Ramirez]

No. That one is in your dreams.