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Re:Petition Against Felony Charge for WiFi Prank by jsmthrowaway on Sunday March 15, 2015 @07:10PM (#9208629)
I've read this petition three times and I still have no idea what happened. Also, what in the holy fuck is the author thinking giving everyone enough information to find the "bad guy" in her story (I knew who she was talking about even without it) but keeping the identity of the person we're allegedly helping obscured?

The difference between me and whoever the person advocating for this guy is, is that I know how to use PACER and am willing to pay to investigate claims like this. Honestly, I wanted to read the indictment because the horribly-written petition left me confused, but indeed, the petition leaves out quite a bit of the story. That includes the guy signing back up for Hacker Dojo under a false name after being banned, his grand total of one day being a member of Hacker Dojo, and completely omitting the attorney that he retained privately (and who quit not long after due to a "breakdown of communication"; puts perspective on raising a legal defense).

By the indictment, which went before a grand jury, by the way, it sounds like he signed up as "Ad Min," got banned, signed up as "Dallas Smith," got banned again (probably), then threw a hissy a month or so later and packeted Hacker Dojo. Poor guy indeed. Who attacks Hacker Dojo?

5:14-cr-00114-EJD, United States of America v. Jason David Miller.

Grand Jury Indictment: https://dl.dropboxusercontent.com/u/6121606/hackerdojo/indic...

Order to Seal (since lifted): https://dl.dropboxusercontent.com/u/6121606/hackerdojo/seal....

Continuance so Miller can retain counsel: https://dl.dropboxusercontent.com/u/6121606/hackerdojo/subin...

Status hearing where Miller's attorney subs in: https://dl.dropboxusercontent.com/u/6121606/hackerdojo/couns...

Withdrawal of Miller's attorney ten days later: https://dl.dropboxusercontent.com/u/6121606/hackerdojo/withd...

Full history: https://dl.dropboxusercontent.com/u/6121606/hackerdojo/histo...

This is all public information. I paid $2.60 to look it up, and you can too -- sign up for PACER. Federal court is really simple if you know how to look, it's the state courts that tend to be harder and require a physical presence.

EDIT: I edited out my speculation once I had the indictment, and extend apologies to the commenters who wanted to engage it.

Re:Petition Against Felony Charge for WiFi Prank by hurin on Sunday March 15, 2015 @07:21PM (#9208682)
> Keep your pranks on the right side of legal, or get burned. Understand the CFAA and when you are in violation.

Because the problem is clearly the "evil hacker jason" and not the ridiculousness of the laws in which severity of punishment is entirely inconsistent with any tangible damages?

I think people forget that it's their tax-payer money being used to ruin's someone else's life.

Re:Petition Against Felony Charge for WiFi Prank by jsmthrowaway on Sunday March 15, 2015 @08:18PM (#9208871)
Would you say the same thing after reading the indictment? Just curious.
Re:Petition Against Felony Charge for WiFi Prank by hurin on Sunday March 15, 2015 @08:48PM (#9208974)
Is there something in the indictment that you find to be in direct contradiction to the petition? I couldn't find it - of course the Brian half of the story is missing here.
Re:Petition Against Felony Charge for WiFi Prank by takeda on Sunday March 15, 2015 @11:46PM (#9209715)
There were no pranks but simply DDoS for being banned, Brian did not DDoS Jason's email but banned him for breaking the rules. Pretty much the only truth in that petition is that Jason is in deep sh*t.
Re:Petition Against Felony Charge for WiFi Prank by MichaelGG on Sunday March 15, 2015 @09:23PM (#9209148)
The petition says that denial of service attacks were performed against his email account. The indictment says he was banned. Sounds like some serious spin.
Re:Petition Against Felony Charge for WiFi Prank by jjoonathan on Sunday March 15, 2015 @07:19PM (#9208671)
> Keep your pranks on the right side of legal, or get burned. Understand the CFAA and when you are in violation. It's as simple as that.

If it's so simple then why do you have a conviction? To me, your comment reads like "I didn't get fair treatment so neither should he!"

That's not how we move forward.

Re:Petition Against Felony Charge for WiFi Prank by brerlapn on Monday March 16, 2015 @12:55AM (#9209941)
That indictment doesn't really provide much information other than what's in your third paragraph ("Ad Min" and "Dallas Smith"). It doesn't really serve as a refutation of anything in the petition, either, as there is no context, only a generalized description of a DDoS--no description of precisely how Miller conducted such an attack--and an assertion that Miller DDoSed Hacker Dojo. The indictment is just Prosecutorspeak for the same events described in the petition, lacking any potentially mitigating detail that would make them seem like they are abusing the law or asserting charges wildly out of proportion to any potential damages. In fact, it supports the petition's remarks about pre-trial detention, as the indictment clearly says "no bail, arrest warrant"--I would think that's a red flag given the charge .

So, to paraphrase, I've read this indictment three times and I still have no idea what happened. So it's not really an authoritative narrative of events, either, and doesn't put any of the questions raised in the petition to rest. In another comment you asked someone if they would say the same thing after reading the indictment, and my answer would be absolutely, if not more so. I'm not sure why it would make you feel any more like this is a reasonable application of computer laws instead of, say, evidence that the San Jose US Attorney's office has too many lawyers and needs to be down-sized.

Re:Petition Against Felony Charge for WiFi Prank by jeffmould on Sunday March 15, 2015 @08:01PM (#9208821)
Thank you for posting. I was trying to find my login info for PACER to read this myself.

EDIT: These definitely shed the true light on what is happening here. This no longer appears to be the he wouldn't let me use my WiFi case as the petition attempts to portray. Thank you again for posting.