, SecurityFocus 2003-10-14
Federal prosecutors in Los Angeles will ask a court to set aside the conviction of a man who served 16 months in federal prison for blowing the whistle on an ex-employer's cybersecurity holes, officials said Tuesday.
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for revealing the vulnerability, they specifically said that they were wrong in doing just that. There is clearly a first amendment issue with that. Part of his appeal was ineffective assistance of counsel (guaranteed by the 6th amendment), it is clear from the 'confession of error' that he did have a gimpy lawyer.
I also heard that they admitted to MISLEADING the Court, as well as not proving damage. I cant wait for the governments brief to become public, since the government is being a little tightlipped in their press release (as indicated by the articles). Here are some related URLs.
http://cyberlaw.stanford.edu/about/cases/united_states_of_america_.shtml
http://writ.news.findlaw.com/commentary/20030925_sprigman.html
Tornado lost their civil case against McDanel (they folded right after the trial, but a new company xmsg.com started up in the same building doing the same stuff with the same managment, with totally redesigned software, oddly it seems identical to the competing system McDanel was creating that the government gave to Tornado. Hmm..), now the feds admit they goofed in prosecuting him, at least its working out in the end, although he already served his sentence ... :/
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Link to this comment: http://www.securityfocus.com/comments/articles/7202/23143#23143