10 Oct 2012
A 19-year old student at the University of Texas has been charged with the crime of breach of computer security. According to an article in the San Francisco Chronicle, the suspect “downloaded software used by hackers to crash websites” and used that software to bring down the UT Registrar’s computer system during registration last spring. The reports we read claim that the student, Garret Ross Phillips, turned himself in to campus police earlier this week, then posted bail and was released.
The offense apparently consisted of downloading a distributed denial of service (DDoS) attack tool known as High Orbit Ion Cannon (HOIC). What HOIC does is to overload a server with fake visitors, effectively pushing a site to its breaking point and shutting it down.
The hacking into a computer or computer system is an offense under section 33.02 of the Penal Code. The crime may be a misdemeanor or a felony, depending upon the particular circumstances of the case. For example, without more, hacking is a class B misdemeanor. It is a state jail felony if (a) the defendant has been convicted on two or more prior occasions under the statute; or (b) the computer system is owned by the government or a critical infrastructure facility. If the hacker intends to defraud or harm another, or to damage property, the offense can be
- a state jail felony (damage or loss under $20,000);
- a third degree felony (damage or loss between $20,000 and $100,000);
- a second degree felony (damage or loss between $100,000 and $200,000), or (if the loss or damage less than $200,000) the system is owned by the government, or if the hacker obtains identifying information of another by accessing only one computer or system (identity theft); or
- a first degree felony ($200,000 or more), or if the hacker obtains identifying information of another by accessing more than one computer or system.
Taking a look at the possible punishments under the statute, it is apparent that computer hacking can lead to very serious consequences, not only for the victims, but also for those convicted of committing the offense.
Phillips has been charged with a state jail felony, and faces up to two years in jail. While it could have been worse, it’s still quite a potential penalty for what appears to have been a college prank!
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