back to article Hacking charge dropped against Nova Scotia teen who slurped public records from the web

Cops in Halifax, Nova Scotia, Canada, will not pursue charges against a 19-year-old fella who had dared to download a cache of public documents. In a brief statement issued Monday, police said that, following nearly a month of investigation, there were "no grounds to lay charges" in a case that had drawn harsh criticism from …

  1. This post has been deleted by its author

    1. Sorry that handle is already taken. Silver badge

      Re: um details?

      There's a link to the previous article in this article.

      1. Ole Juul

        Re: um details?

        This is the link to the previous story.

        There we will find this statement "A day later, an IT contractor behind the site, Unisys, dug through the logs, and let government officials know that 7,000 files has been slurped by a "non-authorized person.” Within 24 hours, police were tipped off . . ."

        If that's indeed true then I think that IT contractor should be considered for swatting. There was nothing that would show them that this was a breach. They actually made that up, presumably to look clever or show that they were doing something. However, it was a lie and they should not have made such a dangerous statement for any reason.

        1. Nick Kew

          @Ole Juul

          The IT contractor probably just meant to draw attention to the possibility of slurping data in bulk, with the implied question "Is this really what you want?" They might have been banging on about it already, in which case this becomes "look, it's happened, we told you so".

          That offers a perfectly innocent explanation of the contractor's actions. And the contractor would then be as flabbergasted as any of us at the bizarre reaction to it. It would also fit the scenario of a client who had completely failed to grasp what the contractor was talking about in the "is this really what you want?" memo.

          1. rskurat

            Re: @Ole Juul

            If there's anything the last couple years have shown, it's that government & police don't know squat about IT, and IT doesn't know anything about (or circumvents) law.

            They'll be blaming the contractor next, and once he's been thrown under the bus, probably one or two plods.

          2. Ole Juul

            Re: @Ole Juul

            @Nick Kew, I'll accept your explanation, as it is indeed possible and perhaps even likely. That said, I think they should know better than to characterise something in any way that can get an innocent person in trouble. I'm sure they read all the same stories that you and I do on the net about how these things are typically misunderstood by politicians in this current paranoid atmosphere.

            My take is that they didn't act responsibly, but of course I don't have all the details and wasn't there.

        2. Anonymous Coward
          Anonymous Coward

          Re: um details?

          your suggesting having people intent on killing, raid a family because YOU think there was malicious intent by an info sec person reporting anomalies to his supervisor. what a fucking asshole you are, I hope YOU get swatted, and shot. The world doesn't need people like you.

          1. Jordan Davenport

            Re: um details?

            You've severely misread Ole Juul's post. He or she meant that the IT contractor's actions should be considered as swatting, with the unstated implication that legal consequences should follow. The contractor reported non-criminal automated downloads of publicly available information as a security breach, resulting in armed officers raiding the 19-year-old's home before ultimately arresting him.

            Before telling someone that you hope he or she gets swatted and shot, think harder upon what you're about to say and why you're saying it.

      2. Prst. V.Jeltz Silver badge
        Trollface

        Re: um details?

        @This post has been deleted by its author

        Golly I bet you feel a bit silly now eh?

    2. A Non e-mouse Silver badge

      Re: um details?

      Throughout the article, there are all the details of the fabricated alleged crime. Plus, as others have pointed out, there is also a link to El Reg's previous article on the subject.

      I'm not sure why you're having such a rant. Did the story author radically change the article after your post to include all the missing background details?

  2. DNTP

    I got the next one

    Let's find someone using tee instead of > and prosecute them for terrorism, because when you can see output in stdout instead of just invisibly writing to a file it looks a lot scarier, like something a hacker terrorist would do to scare people. That makes about as much sense as this case.

    1. Anonymous Coward
      Anonymous Coward

      Re: I got the next one

      And don't forget the famous saying:

      "Tee is for terrorist"

      Play it safe and use awk instead...

  3. Sorry that handle is already taken. Silver badge
    Holmes

    "no grounds to lay charges"

    No shit.

    1. Anonymous Coward
      Anonymous Coward

      Re: "no grounds to lay charges"

      In the UK that would have been - "Insufficient evidence to charge". That seems to be the standard weasel words when someone is totally innocent.

      1. Anonymous Coward
        Anonymous Coward

        Re: "no grounds to lay charges"

        but it still shows as a an arrest on an enhanced DBS in UK, and you know what the say about smoke and fires eh?

        Yeah he may not done anything wrong, but he may THOUGHT of doing something wrong and that's good enough for us.

        1. Adam 52 Silver badge

          Re: "no grounds to lay charges"

          Under English law you are innocent until/unless proven...

          So no evidence to charge means to change in that innocent status. To say anything else would imply a presumption of guilt, which would clearly be wrong.

          CRB checking runs a cart and horses through that, but that's what you get for having a government run by the tabloid press.

          1. Andy The Hat Silver badge

            Re: "no grounds to lay charges"

            "Under English law you are innocent until/unless proven..."

            Which is why we need the Snooper's Charter ...?

            Sorry but delusions of "Ye Good Olde Days" went out with the internet and trial by media.

          2. Anonymous Coward
            Anonymous Coward

            Re: "no grounds to lay charges"

            Under English law you are innocent until/unless proven..."

            Unless you're Brazilian, running to catch a train.

            1. Stu Mac

              Re: "no grounds to lay charges"

              Even if you are innocent, when blokes with guns start shouting with you, best make no sudden moves and act as submissively as possible. Unfortunately Mr Menezes had no such opportunity. He was wrongly identified in advance and executed spontaneously on the basis of that identification. Or to frame it another way, Jean Charles de Menezes was murdered.

        2. LucreLout

          Re: "no grounds to lay charges"

          but it still shows as a an arrest on an enhanced DBS in UK, and you know what the say about smoke and fires eh?

          Potentially more problematic is the inelligibility for the USA visa waiver program that is a requirement of many employers, including mine. In fairness to my employer, they utterly rely on that scheme due to poor planning at the admin tier.

    2. anothercynic Silver badge

      Re: "no grounds to lay charges"

      Bingo! I certainly would take compensatory action and expect the authorities to be paying up for their cockup.

      So glad the kid got off... it goes to show what a cluster[deleted] this kind of crap is...

    3. Jtom

      Re: "no grounds to lay charges"

      Rather wish they would say, "we found no evidence of any crime." Which would be far closer to saying he is innocent, rather than there was insufficient evidence that he committed a crime.

      1. Anonymous Coward
        Anonymous Coward

        Re: "no grounds to lay charges"

        "Insufficient evidence to provide a realistic prospect of conviction"

        The current phrasing implies you're guilty, you just covered your tracks so well they couldn't find any evidence to prove it. Which is just the way they like it. Because *everyone* is guilty of something.

  4. Mark 85

    Looks like all the officials who made the "let's hang him" statements from the Premier on down out to be fined. Nothing like issuing "he's guilty, guilty, guilty" statements before the investigation is complete. Seems the officials' CYA attempts didn't pan out...

    At least the cops were honest and thorough.

    1. a_yank_lurker

      @Mark 85 - I have no use for the weasels who will never admit they screwed up. If they are elected officials I favor very harsh prison sentences for jury tampering plus serious personal fines for slander.

      1. Ole Juul

        Unisys

        I agree about having no use for weasels who will never admit they screwed up. However, in defence of the public servants, in this case they were relying on information from a contractor by the name of Unisys. As it turns out Unisys lied about this being unauthorised access. Why they would do that, I don't know, but whatever the reason I think they're the ones who should be held responsible.

      2. rskurat

        usually the elected officials fire a few bureaucrats & claim the problem has been solved. Does Canada have UK-style libel/slander laws? Revenge, if possible, is sweet.

    2. DNTP
      Joke

      I would say recycle those officials and turn them into capacitors and batteries, but unfortunately we shouldn't do that, because these people charge incorrectly and then the charge doesn't stick.

      1. TFL

        However, their behaviour was still re-volting.

      2. Scott Marshall
        Joke

        Ohm really?

        Resistance is futile.

        1. Prst. V.Jeltz Silver badge

          Re: Ohm really?

          VGF : No, it's not an increase, it's my pay award.

          Moi : So your pay has gone up? It's an increase in pay.

          My colleagues in the govt dept cant get their heads around the fact that people in private industry have a salary , and not a scale of spine points to work their way up . And I cant see why they get that and normal people dont .

          I guess it comes down to which way you look at it - are you working below your salary and working your way up to it once youve proved yourself? ( 8 years later ...)

          Or are you getting random huge increases in salary every year for no apparent reason?

          1. John Brown (no body) Silver badge

            Re: Ohm really?

            "I guess it comes down to which way you look at it - are you working below your salary and working your way up to it once youve proved yourself? ( 8 years later ...)"

            Having worked in local gov. many years ago, I saw it as a way to reward people for staying on. The longer you are in the job, in theory the better and more experienced you are. The problems arise from strong unions making it almost impossible to fire the useless ones so it's just become a back-door pay rise for many these days. Having said that, when we went through The Great Job Re-grading Process, despite having doubled the team team under me, more qualifications, more responsibility, all boxes ticked, I got a feck all so I left.

    3. The Nazz

      re Mark 85

      I'd go a step further than that, Simply fining them isn't enough. Time to have their actual employment put at risk.

      That many documents were simply not redacted, or as stated should never have been on the list in the first place, is the real cause for concern and depending on local laws possibly unlawful.

      If so, lay the criminal charges against those responsible.

      Here in the UK i have a number of close relatives and a couple of good friends who work in local government as "managers". Almost without exception* they have one priority and one priority only, themselves.

      And as for this zero pay rise malarkey. Total CRAP. Apparently, an increase in pay is NOT a pay increase.

      Actual example :

      VGF asks "will you look at my payslip (end September) , i've paid a lot more tax than normal.

      Moi : Well yes, your Gross has gone up by a lot (five figures) so your tax has done so. Why has your Gross risen so much?

      VGF ; That's my pay increase, back dated to April.

      Moi : so you HAVE had a pay increase

      VGF : No, it's not an increase, it's my pay award.

      Moi : So your pay has gone up? It's an increase in pay.

      VGF : No it's not. .

      Moi : Thump, thump, thump,thump > Head meets wall.

      1. David Roberts

        Pay increase not a pay increase?

        Sounds like the old Civil Service incremental pay scales where your salary increased each year as you moved up the scale, and increases in the scale only mattered when you reached the maximum point.

        This explians why the Unions used to campaign for any increase to be slanted towards increasing the maximum point not all points equally. All that really mattered to the punters was the minimum and maximum point.

        So you get your contrsdictory statement where there has been a "pay freeze" for a few years but most of the punters get a nice salary increase. So the wage bill goes up but can be spun as "pay restraint" until too may people congregate on the max. Then the trouble really starts.

    4. VikiAi
      Flame

      Wasting police time

      is the least they should be charged with.

  5. GrapeBunch

    Nova Scotia

    It's a powerful strange place, laddies. And lassies.

    1. HChris

      Re: Nova Scotia

      It is a corrupt, nepotistic, oligarchy which happens to have a perfect figure head premier who does exactly what helps his corporate masters and asks few questions except how can he help his allies getting even richer and more powerful. Unfortunately the other political parties are only a little better and lack clout in the legislative assembly (provincial parliament really) given the current government has a majority of seats and the premier has free reign (outside of court cases which are proceeding but take years). It's a beautiful place geographically (for now until pollution and deforestation ruins it) from May to Oct inclusive though so at least that is some small saving grace.

  6. Anonymous Coward
    Anonymous Coward

    "At least the cops were honest and thorough."

    Bull shit.

    15 police sent to seize all computers in the house. Everyone arrested.

    And no official word on when they get their computers back. According to CBC, the family's criminal lawyer says "that can be a lengthy process."

    Absence of accountability means accountability is absent. The cops need to have some serious public accounting.

    AC because challenging the cops in Canada can get you arrested.

    1. GrumpyKiwi

      It's the usual story. The process IS the punishment. Make the process so painful and disruptive to life that anyone watching will be scared of doing anything similar in future.

      As most commonly seen where the Police are quicker to charge someone who beat up a burglar than the burglar himself. They see it as a form of Lèse-majesté against their police rights to beat the crap out of anyone who annoys them.

      In short, never annoy those in power by doing their job better than they could.

      1. Anonymous Coward
        Anonymous Coward

        Which is why I no longer call the police, just do what needs to be done, and burry your problems.

    2. Fatman

      The cops need to have some serious public accounting.

      Publicly hang them by the balls!!!

    3. Edward Clarke

      Hold off on that repurpose the gofundme money.

      And no official word on when they get their computers back. According to CBC, the family's criminal lawyer says "that can be a lengthy process."

      I'm sure that the criminal lawyer hasn't been working for free. And perhaps use it to sue some of the officials for defamation as well.

    4. Alistair
      Windows

      AC because challenging the cops in Canada can get you arrested.

      True 'nuff, but better than what happens only a short distance south of here.

      Much like most other legal systems in the G10, the prosecution and enforcement are two different wings. And strangely, prosecutors up here are folks what have done a fair bit of court work *before* they became employees of the gummint. The cops in this case were working off the assurances that there was a crime committed, and doing what they are assigned to do. (sad really that they didn't have the wherewithal to look the IT group in the eye and call them idiots).

      All said, this comes down to the fact that an alarm went off basically stating "someone slurped our documents', a tech went through the logs and said "Yup, we've been slurped, but why?" and then they reviewed what went out, found some $%@#$% that should NOT have been there in the first place and went AUUUUUGHH!!!! SICCEM! to the cops. And someone with a head on their shoulders in the prosecution said "Y'all are idiots. Get the f3$% out!".

      Now hopefully all will go down the dock and beer it up on friday and there'll be no dead fish mailed about.

  7. Maelstorm Bronze badge
    Trollface

    So, accessing public documents on a public server is a crime in Canada? Interesting. I will have to remember that. At least here in the U.S., it's not a crime.

    In Soviet Canada, you don't access the documents, the documents access YOU.

    1. Fatman

      In Soviet Canada

      Their flag is mainly red.

    2. Potemkine! Silver badge
    3. kain preacher

      In the US they could of done him in for computer trespassing and misuse of a computer system. It's a catch all.

      1. anonymous boring coward Silver badge

        have. ffs.

  8. A Non e-mouse Silver badge
    Flame

    police said that, following nearly a month of investigation

    It took them a month to reach that conclusion? WTF were they doing in that time?

    1. TRT Silver badge

      Trying to get FOI data from somewhere?

    2. Scott Marshall

      Either racking up the overtime, or learning to type (or both).

      Perhaps they were sent on a basic digital forensics course or were brushing up on "Interpreting Server Log Files for Dummies"?

    3. David Roberts

      It took them a month to reach that conclusion?

      In reality that is pretty damn quick to persuade various senior people who went on record about this that there was no way to conceal that they had been talking out of their collective arses.

      Alternatively/in addition there could also have been a lot of "Yes, I know, but you have his computer now. Surely there must be SOMETHING we can charge him with.". I'm guessing that he was lucky that he never chanced on anything looking even slightly like a dodgy porn site.

      1. Jtom

        Re: It took them a month to reach that conclusion?

        There are prosecutors here that would attempt to avoid embarrassment by going through those computers with a fine-toithed comb to find anything that could be used to charge them with a crime, even cyber-bullying for using the term 'snowflake' in an online comment. Show me the person, and I'll find you the crime.

        1. Anonymous Coward
          Anonymous Coward

          Re: It took them a month to reach that conclusion?

          "There are prosecutors here that would attempt to avoid embarrassment by going through those computers with a fine-toithed comb to find plant anything that could be used to charge them with a crime"

          FTFY

    4. rskurat

      Having multiple meetings with their press officer and PR types hired especially for the purpose at great expense, which will be buried in the budget under a line marked "contingency."

  9. Wolfclaw

    No legal grounds to sue Police, Government or contractors employer ?

  10. Anonymous Coward
    Anonymous Coward

    Next step...

    The next step is to launch legal action against the police and anyone involved at the government department and this contractor Unisys, with the goal of seeking to extract a significant settlement and apology. Any good lawyer should take this on, as it would be in the public interest (to discourage such abuse in the future).

    The settlement amount would be just enough to top up the scholarship fund, and pay the lawyer 30%.

    If the police raid was SWAT Team style, then 6 figures. If they were gentle and polite, then 5-figures.

  11. 101
    Unhappy

    Et tu Canada?

    The only thing that saved the young man was the go fund me defense fund, or else he was destined to become the sacrificial lamb, goat or some other animal.

    Sounds so American. I am very disappointed.

  12. adam payne

    The Canadian teen had faced the possibility of jail time for alleged unauthorized access to a computer when, earlier this year, he automatically downloaded some 7,000 documents from the province's Freedom of Information and Protection of Privacy website.

    Why would you want 7000 freedom of information requests?

    no grounds to lay charges

    No kidding, you can't charge someone for illegally accessing publicly available files.

    A bunch of records – which contained thousands of people's addresses, social insurance numbers, and other sensitive details – had accidentally been placed online in non-redacted PDFs by officials.

    This is the reason you when after the kid, to cover up your own stupidity.

    Are they going to apologise to the kid they accused of hacking and to the people that may have lost personal information?

    1. John Brown (no body) Silver badge

      "Why would you want 7000 freedom of information requests?"

      Because you can if you want?

  13. Sgt_Oddball
    Headmaster

    this won't be the end of it...

    No lessons learned comment yet....

    1. Sorry that handle is already taken. Silver badge

      Re: this won't be the end of it...

      No lessons learned

      Correct!

  14. Milton

    Use the mirror

    Someone—possibly several someones—needs to go soak their head for a while and then take a good, long look in the mirror.

    Because this fiasco was the result of at best shockingly bad judgement and callous stupidity, and at worst it was a brazen, stinking, thoroughly rotten attempt to scapegoat an innocent kid for the incompetence, ignorance and laziness of one or more bureaucrats.

    It beggars belief that none of the people involved in this seems to have said, after examining the facts for five minutes, "Woah. Wait a sec. Why are we doing this?"

    If there's a lesson from this sordid little episode, it might be that more people should exercise the only real freedom they actually have in this world: to think for themselves.

  15. anonymous boring coward Silver badge

    he automatically downloaded some 7,000 documents from the province's Freedom of Information and Protection of Privacy website

    The irony of it...

  16. chivo243 Silver badge
    Facepalm

    Dropped due to being incorrect

    Doesn't hacking imply that you've gotten past some layer of security? And they shit the bed when the forgot to redact the pdf's before posting them for download, freely, by the public.

    As these things go, I have to think the kid's lawyer has a sue ball ready to be thrown?

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