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D.C. Law Firm Sued For Hacking
posted by md on Wednesday December 18, @05:41AM
from the strange-but-true dept.
Security The Washington Post reports about an intriguing dispute between an expert witness in occupational illness and the law firm representing the other side of the case he was involved in. Consultant David Egilman claims that a website he was using to store data and information related to his work as an expert was compromised when attorneys from Jones, Day, Reavis and Pogue of Washington D.C. guessed the password to the site and accessed the data. Jones, Day attorneys then went to the Judge with that information, which apparently was setup as a trap for just such situations (one of the items the Jones, Day attorneys had accessed was a story with the title ""See How Jones, Day Buys a Colorado Judge"). The judge then threw out Egilman's testimony in the case.

Now, Egilman is suing the law firm for violation of the Computer Fraud and Abuse Act, which prohibits unauthorized access to computer systems under certain conditions. The entire tale of events is here.

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    D.C. Law Firm Sued For Hacking | Login/Create an Account | Top | 3 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    There are a couple of things wrong here :-) (Score:1)
    by Audacious on Wednesday December 18, @05:50PM (#537)
    User #541 Info
    1. Mr. Egilman should not have used the title he did. It is not the brightest thing to antagonize a judge.

    2. The judge should have acted in a more restrained manner. It is not the brightest thing to throw out someone's testimony when it has such a large impact on a trial. It isn't Mr. Egilman who suffered because of this happenstance - it was those seeking justice. The judge may have also opened himself up for a lawsuit of his own because of his actions. But that is just a thought and since I do not live in Colorado I really would not know one way or the other.

    Basically, IMHO, if anyone should have acted as an adult - it should have been the judge. Not only (at least as far as the article shows) did the judge not chastize the attorneys for their misconduct in breaking and entering Mr. Egilman's web site, but the entire lawsuit was brought to ruin by this one act. It is, IMHO, a miscarriage of justice.

    As for what punishment Mr. Egilman should have had to undergo - that is debatable. It is obvious from the article that Mr. Egilman already does non-profit work to help others. So assigning him duty in that area would not hurt him. Rather, why not assign him as an inspector to the company he was a witness against? Without pay for a given amount of time as punishment. In this way he could work with the company to help it improve itself. This (or something else) would have been a better thing for the judge to do rather than to throw out Mr. Egilman and his testimony.
    web hacking (Score:1)
    by degilman on Wednesday December 25, @03:41PM (#541)
    User #592 Info
    I am the physician Hackee. I am not sure why I should be punished. I did not violate any gag order;the comment on the judge was on a page on my computer that was only accessible if someone hacked in & stole it like they could have stolen patient charts etc. If my patient charts are stolen by a hacker am I responsible? Am i not entitled to write any private comment on my password protected computer? I agree that the workers were the true victims but in addition to striking my testimony the judge ordered that I could never be a witness on any matter (fact or expert) in Jefferson County Colorado. So Osama Bin Laden could testify but not me if we both witnessed a murder. The Colorado Appeals court (3 judge panel) reversed the Judge on the narrow issue of my ability to earn income from testifying based on a due process claim. The Colorado Attorney General is appealing on behalf of the Judge. The AG has refused to investigate the hacking. The Colorado Bar commmittee refused to sanction the Jones Day hackers. The FBI and Justice departments have refused to investigate. The full transcript of the Jones Day hacker is on my web site: www.egilman.com
    Re:web hacking (Score:1)
    by seamus on Monday December 30, @04:27PM (#543)
    User #593 Info
    Doesn't this mean that it's ok for anyone to enter any computer and poke around?

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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