IP: Distributed Computing Prosecution Ends with Whimper Not Bang

[David Farber <dave () farber net>]

> Electronic Frontier Foundation Media Release
>
> For Immediate Release: January 17, 2002
>
>
> Contact:
>
> Lee Tien
>    Senior Staff Attorney
>    Electronic Frontier Foundation
>    tien () eff org
>    +1 415 436-9333 x102 (office), +1 510 290-7131 (cell)
>
> David Joyner
>    Attorney
>    Kenney & Solomon
>    CDJoyner66 () aol com
>    +1 770 564-1600
>
>
> Distributed Computing Prosecution Ends with Whimper Not Bang
>
> Georgia Man's Ordeal Ends
>
> San Francisco - David McOwen can finally see the light at
> the end of the tunnel. After about two years of facing the
> prospect of years in prison and more than $400,000 in fines
> and restitution, the former DeKalb Technical College systems
> administrator has accepted an offer by the state of Georgia
> that will bring his legal nightmare to an end.
>
> Since February 2000, McOwen has been the target of a
> "computer trespass" investigation and then prosecution. His
> crime? In 1998, he installed a distributed-computing client
> (like the SETI@home screensaver) on the college's PCs in
> order to participate in a distributed decryption contest. In
> early 2000, the school administrators threatened McOwen with
> criminal charges and called in the Georgia Bureau of
> Investigation. The threat of more than $400,000 in liability
> was based solely on the use of the school computers, valued
> at 59 cents per second.
>
> Under the terms of the deal, announced today, McOwen will
> receive one year of probation for each criminal count, to
> run concurrently, make restitution of $2100, and perform 80
> hours of community service unrelated to computers or
> technology. McOwen will have no felony or misdemeanor record
> under Georgia's First Offender Act.
>
> "David never should have been prosecuted in the first place,
> but we're glad that the state decided to stop," said Senior
> Staff Attorney Lee Tien of the Electronic Frontier
> Foundation (EFF). "This is a very good result for David. He
> very likely could have won if the case had gone to trial,
> but trials cost money and you never know what will happen."
>
> Tien explained that much of the case against McOwen turned
> on whether he had fair notice that installing the
> Distributed.net client software was prohibited. Under the
> Georgia computer trespass statute, criminal liability may
> only be imposed if the person uses the computer or network
> with knowledge that the use is unauthorized. "From what I
> can tell, the state would have had a hard time proving
> beyond a reasonable doubt that David knew he wasn't
> authorized to install the software," Tien said. "I can't
> help but feel that this was a face-saving deal for the
> state."
>
> "The state's claim of up to $815,000 for computer time seems
> to fit an old pattern that we've seen before," Tien said. In
> one of the first cases championed by EFF, a man faced years
> in prison for obtaining and publishing an internal BellSouth
> document initially valued at almost $80,000. The case was
> dropped after evidence was introduced that it was publicly
> available for $13.
>
> The issue raised by McOwen's prosecution isn't an isolated
> one, Tien added. Distributed computing is an important
> scientific tool that can harness the spare cycles of
> numerous personal computers into the virtual equivalent of a
> supercomputer. The SETI@home screensaver, for instance,
> allows computer users all over the world to aid in the
> search for extraterrestrial intelligence. Last year,
> however, the Tennessee Valley Authority banned the SETI@home
> program from its computers, declaring it a risk to computer
> security.
>
> While McOwen's legal problems appear over, they've taken a
> serious toll. He resigned from his job at DeKalb soon after
> the school threatened him. And he was fired from his next
> job at Cingular Wireless last August because of the bad
> publicity surrounding the case.
>
> EFF wishes to praise and give special thanks to David
> Joyner, McOwen's attorney at Kenney & Solomon, for all of
> his hard work. Thanks are also owed to McOwen's supporters
> at FreeMcOwen.com and MachineThoughts.com for publicizing
> the case and raising money for his legal fund.
>
> Legal defense fund for the McOwen case:
> http://forums.anandtech.com/messageview.cfm?catid=39&threadid=593069
>
>
> About EFF:
>
> The Electronic Frontier Foundation is the leading civil
> liberties organization working to protect rights in the
> digital world. Founded in 1990, EFF actively encourages and
> challenges industry and government to support free
> expression, privacy, and openness in the information
> society. EFF is a member-supported organization and
> maintains one of the most-linked-to websites in the world at
> http://www.eff.org/
>
>                             -end-

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