full-disclosure - Prosecutors admit error in whistleblower conviction

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From: whenders at insightbb.com (Wesley J. Henderson)
Subject: Prosecutors admit error in whistleblower conviction

"Because the guy was doing something with computers,
 all rational thought got turned off"

 -Larry Lessig, Stanford Cyber-law expert

Despite computers being ubiquitous in this day and age,
there is still a stigma, IMHO, of being a computer
professional.  In a courtroom, I fear that the more
aptitude you have in Computer Science, the more antisocial
and malicious they assume you are.

The law is written "innocent until proven guilty." Sadly,
there was no scientific, legal, or logical PROOF... just a
blanket distrust of McDanel. He very clearly was considered
guilty from the start, by virtue of the court's lack of
understanding of technology. They fear what they don't
understand.

 Today, the "integrity" of the company formerly known as
Tornado is perfectly intact, but McDanel's integrity has
been massively comprimised.  Now THAT is a crime!

I too hope McDanel gets a huge settlement.
His 16 month term in -prison- was a logical and ethical absurdity.

Wes

-----Original Message-----
From: full-disclosure-admin@...ts.netsys.com
[mailto:full-disclosure-admin@...ts.netsys.com] On Behalf Of Montana Tenor
Sent: Wednesday, October 15, 2003 11:47 AM
To: Jeremiah Cornelius
Cc: full-disclosure@...ts.netsys.com
Subject: Re: [Full-Disclosure] Prosecutors admit error in whistleblower
conviction

Wow, so who gives this poor man back those 16 months! 
Maybe the judge in the case should spend some time in
prison for his fouled interpretation of the law.  What
is sad is that the judge probably sleeps well at
night.  How well did this poor guy sleep in prison?

Given the lack of supporting case law, why is this man
not allowed to be free pending appeal?  Is he a danger
to society?  No.  Is he a threat to his former
employer?  No.

What about having some kind of balance in our judicial
system?  A crack dealer gets 9 months in prison, and
this guy gets 16 months.  So he got some egg on some
CEO's face..big deal.  The damn arp requests on this
company's network caused more usage than his emailing
did. 

Mr. McDanel, I hope you get a huge settlement for this
case, best of luck.

--- Jeremiah Cornelius <jeremiah@....net> wrote:
> McDanel has already 
> served his full 16-month prison term.