If DOJ is persuing, I think they have revisited and they ought to because many people expect their web-stored mail to be legally protected from prying eyes. It’s like breaking into someone’s locked file cabinet.

Perhaps they got their brains hung up on old physical or meat-mail laws.
And anyway, hacking and changing the password blocks Palin’s access to that stuff, especially if the code clues are altered. It blocked her access to incoming mail. Plus, Kernell put it up so /b/ folks could add content to the web storage.

I believe the thinking is that once opened, it’s considered your responsibility to protect the contents of e-mail from hacking.

-highhopes

Not only that, but if you read Yahoo!’s terms of service, your password is your responsibility as well. And as a free web-based email service, the argument could be made that Palin (or anyone else with an account) doesn’t “own” any of the messages in there. You’re really at the mercy of Yahoo!.

This might not be as cut n dry as it would appear on the surface. First, this wasn’t really a hack (or it was, but in the loosest definition of the word). The tools are right there, provided by Yahoo!, for everyone to use. I could be mistaken, but when I tried to do the same thing to my password, there was no disclaimer or warning from the Yahoo! people akin to “you are breaking the law if you are not the account holder”.

I read the various statutes, and its a bit fuzzy on this one. Sure, I’m no lawyer, but I can see a few angles that the Kernell team could use to claim that the law wasn’t broken.

Volokh explains why the Feds are doing the grand jury testimony now, to lock down witness testimony.

One reason for presenting GJ evidence quickly in an “ongoing investigation” is to grab (forced if necessary) testimony while it’s still fresh and all the parties are still around.

The bill comes later after the rest of the evidence comes in.

It’s not exactly remarkable. Can’t undestand the pundit puzzlement.

… like my Rush in a Hurry email … and so forth. I get to that stuff when I can, if I don’t delete it without even opening it.

Buy Danish on September 23, 2008 at 5:52 PM

Whoa, whoa! Easy, BD… damn.

I am a little worried about this, though.

Allah

I’m not. It’s Tennessee; if the Grand Jury effs it up, they’ll just hang him by his feet from a tree and beat him real bad.

If this kid decides to attempt to lie to a Federal grand jury to cover for others (if others were involved) things could go from a slap-on-the-wrist to some serious jail time in a flash.

I believe he was probably acting on his own and got in way over his head before he realized that he was treading in dangerous territory. Backing out in a panic left a fairly clear trail. Regardless of what the real story is I have to believe he is sh**ing some real bricks and thumbtacks about now.

The unopened email in my account is the stuff that’s not urgent, important, or personal, like my Rush in a Hurry email, stuff from Townhall, and so forth. I get to that stuff when I can, if I don’t delete it without even opening it.

Buy Danish on September 23, 2008 at 5:52 PM

I believe the thinking is that once opened, it’s considered your responsibility to protect the contents of e-mail from hacking.

Exit question: Anyone think they might be revisiting their approach now that people are breaking into the e-mail accounts of vice-presidential candidates? Or rather, anyone think they haven’t already, given that the DOJ’s the one seeking an indictment here?

Didn’t bother them when paid employees of the Democrat party invaded Michael Steele’s privacy. Doesn’t that rank higher in the realm of indictable offenses than the actions of the punk son of a petty Democrat politician?

I’m just sad it wasn’t Mr. Spackle from Canada.

kirkill on September 23, 2008 at 4:32 PM

So basically, he’s an idiot. Who was able to get into Palin’s email. Wonderful.

Dash on September 23, 2008 at 4:27 PM

This was way above Captain Canadian DryWall’s paygrade.

so I’m interested to know what you people out there think would be proper punishment?

Kaptain Amerika

…weld the culprit inside a waterheater with Sandra Bernhard…

…and drop it into the surf off of Galveston…the folks there won’t mind…they won’t even notice….

It sounds like it was a brief hearing, which, to me, probably means that the perp and his buddies stated their respective names and started taking the Fifth.

Apparently, the DOJ frowns upon prosecuting people who hack into e-mail accounts and read only already-opened e-mail; according to the statutory definition of “electronic storage,” an e-mail’s only in “storage” when it’s unopened and still waiting to be read.

That’s counter intuitive. The unopened email in my account is the stuff that’s not urgent, important, or personal, like my Rush in a Hurry email, stuff from Townhall, and so forth. I get to that stuff when I can, if I don’t delete it without even opening it.

the spin on TV I heard last night(local fox station reported this for once) was that “well the reason he was able to get in it was because her questions for her password were so easy you could easily look them up”

jp

…she’s the wronged party, but the Left exploits this to try to show the Divine Sarah up as the worst thing you can be: uncool.

She’s supposedly not savvy on international affairs and now is not savvy on all the many plug-in toys we have to play with today. Egads, I’ll bet that she can’t tell you difference between plasma and LCD TV screens! Crucify her! Shake the dust of your feet in her general direction.

(…mind you, Biden’s “savvy” on international affairs and he’s got his Florsheims squashing his tastebuds several times daily…anyway….)

She’s the wronged party but is being made to look the fool…and this from the party that was all crocodile tears over “illegal wiretapping” and is projecting her as “the nurse of the burgeoning police state”. She has her privacy violated and their end justifies their means.

The Left’s is a bunch whose collective mind is as wide as the ocean and as shallow as the dew.

Any student of history has seen these statist totalitarian morons come and go in history, using populist altruism or some other dodge to get in. The only consolation is that, as under Stalin, they’re the first to go up against the wall. No proper, self-respecting dictator can stomach ‘em any more than we peasants can.

When the feds seek and indictment, they usually have the case pretty well sewn up to the point where it would not only result in an indictment, but in a conviction as well. That is why the federal government has a conviction rate of 90%. They will charge the guy with multiple crimes and will use that as leverage to get the weasel to flip on anyone else involved.

the spin on TV I heard last night(local fox station reported this for once) was that “well the reason he was able to get in it was because her questions for her password were so easy you could easily look them up”

jp on September 23, 2008 at 4:57 PM

So she was wearing a short e-skirt.

Gotta love liberals.