Radley Balko | October 9, 2008
...that the highest ranking public official in Alaska was using private email accounts to conduct official state business so she'd be less susceptible to open records laws and subpoenas, or some dumb kid guessing her personal information, enabling him to change her password and access that account?
What does it say that the latter is facing charges, but the former isn't?
NOTE: I amended this post to exclude the word "illegal." It isn't clear Palin's use of private accounts for state business was a violation of the letter of the law. If she deleted emails in those accounts, it likely was. But she refuses to turn over emails from those accounts in open records requests, so it's probably not possible to know. What is clear is that she wasn't all that serious about her gubernatorial campaign promise for "open and transparent" government.
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Which is more pathetic, that McCain doesn't know how to set up an email account, or that Palin's email account got hacked?
the highest ranking public official in Alaska was illegally using a Yahoo email account to conduct official state business so she'd be less susceptible to open records laws and subpoenas
I honestly can't get upset about that, illegal or not. If she was
stealing or committing fraud, it might be material, but I don't see
it as being any different than talking to someone in her living
room at home.
As for the kid, an indictment may be an over-reaction, but I can't
make a hero out of a jerk who wants to hack into someone else's
personal business.
Answer: worse that the child of an elected official from the opposition party hacked into the private account of an American citizen who happens to be a vice-presidential candidate. This is a no-brainer. Anyone that declares otherwise is a partisan hack.
Which is more pathetic: that Palin used a private account, or
that "libertarians", in their drive to criticize every politician,
are de facto lauding and approving of trespassing and hacker
jackassery?
It's "funny hacker behavior" that leads to regulations and
increased state control. If you cannot learn how to act like a
decent human being and respect others' privacy, and the main
"freedom" advocates bless off on it, we're all fucked.
Get real.
I'm not "de facto" approving of anything. And as for "partisan
hack," you might remember that I wrote a piece appearing on this
site in defense of Palin with respect to other allegations against
her.
The implications of allowing public officials to bend the rules so
they can get around public access laws are far graver than a kid
guessing (not "hacking," exactly) his way into a poorly protected
email account.
You might note the mass of missing Bush administration emails,
which conveniently were sent during periods of time currently
subject to Congressional investigations of executive abuse of
power.
There's plenty of reason to be concerned about Palin's behavior,
here. She's running to sit in Dick Cheney's chair.
Silly Radley, you can't get away with criticizing either side, lest you be a shill for the other.
Yes, that Democratic official was so high ranking. I can imagine the order coming down from the DNC's HQ and immediately obeyed, given the party's long-standing rep for being hyper-organized. State officials, even if low on the food chair, also fear invoking the wrath of Howard "The Scream" Dean.
I'll defend hacker jackassery when it exposes the lack of security used by public officials on public business. In such cases, the hackers should be thanked, not prosecuted.
Radley,
I'm not accusing you of partisan hackery. What I am saying is that
there is an element of blindness present in libertarians to be
"happy" at what happens to politicians, no matter what. Don't
believe me? Search around for jokes about Ted Kennedy. You yourself
have threatened (rightly) to throw people from the site who rejoice
in the death of LEOs. It's the same (collectivist, I should add)
mindset.
The implications of allowing public officials to bend the rules
so they can get around public access laws are far graver than a kid
guessing (not "hacking," exactly) his way into a poorly protected
email account.
but you're angry that she's not facing charges in something that's
not clearly illegal (as you noted in the edit).
Right now, without proof of malfeasance on the governor's part, the
answer to your question is "The trespassing little shit" is worse.
I don't care if it's hacking or guessing the combination to my safe
or whatever...it's a freakin' dick move.
Yeah, right Bus. Radley Balko is a partisan Democratic party
hack. Please make some effort to understand your audience. Don't
just come here with your talking points.
What the kid did was pretty bad. In many places, people have no
locks on their mailboxes at all! That's not an invitation to swipe
their mail. If he cracked her mail then wrote her a note about
security, then that would be fine. If he id it and then published
time series plots on Sarah's Blackberry usage, that would be great.
But that's not what he did and he deserves the time behind bars he
is going to be seeing.
Agreed it's most transparent to use the state email system but how
good is that, really, away from the desk? Google, Yahoo, Apple, and
RIM have hired so many competent admins that everyplace else,
admins are, well, not Google class. Because I can tolerate adds in
margins, Google gives me a quota of 4 gig that increases by 50 meg
a day. My employer gives me an email account to do my work with
that has a quota of 50 meg. That's one day's quota increase at
gmail. This crates an incentive, of course I would never do it,
except with presentations I want to browse, never with data of
course, to mail work from a crippled corporate account to a Yahoo
or Google account. And don't get me stated on Blackberries ad
iPhones.
Yes, it's true that some people use personal email rather than
their government accounts in order to hide their crimes. But that's
hardly the main reason to use personal email. Anyway, it's a little
hard to believe that Sarah is smart enough about computers to have
criminal intent about email server selection. This is a woman who
didn't figure out that the Alaska SOC has an online presence!
I'd say what the kid did was worse. Not only breaking in but publishing the password to enable other people to break in.
Radley -- I think you're assuming a lot, saying Palin was using
her private email account to conduct state business specifically in
order to evade the spirit of the law. I've worked for politicians
-- my mother-in-law is a politician ferchrissakes -- and there is a
lot of shading of business and personal stuff. A lot of a
politician's constituents and supporters wind up being friends, or
at least consider the politician a friend and the politician is too
diplomatic to say otherwise.
Unless you have some actual evidence that Palin specifically
intended to evade the spirit of the law, such as her saying that
was her intent in one of those emails, I'd be inclined to give her
the benefit of the doubt. If you have a smoking gun here, put that
damning details in your post.
No sympathy whatsoever with the bugger who hacked into her private
email account. That's a huge violation of her right to privacy. And
if some political opponents wanted to go on a fishing expedition
through my private emails in an attempt to find damning details to
use against me, quite possibly taken out of context, I'd vigorously
invoke my Fifth Amendment rights, too.
Or do you only support the right for privacy when it applies to
politicians you like?
I used to be all for "open and transparent" government, but I'm
starting to sour on it. It's still a good idea in general, but in
the particulars it's starting to look just as stupid as "zero
tolerance" policies. I don't see much moral difference between
removing a politician for deleting an email and expelling a kid who
brought nail clippers to school.
In California we have the "Brown Act" which forbids politicians
from ever being alone together. At least that's how some people
want it enforced. Heaven forbid that two city councilmen discuss
city business while standing in line for their morning cup of
Starbucks! This sounds like much the same sort of thinking. It's
easy to say that official government messages must be retained
forever, but the particulars might start throwing people in jail
for deleting spam, or sending a lolcat to a staffer via a personal
account.
Do libertarians really want to imprison folks for deleting emails?
Do we really want to ban privacy and forbid keeping secrets? Do you
want to go all the way down to the end of that road?
On my scale of politician malfeasance, using personal email for
some routine, non-secret government business (and absent some
actual crime) isn't much to get excited about. Bureaucrats
communicating off the record! OMG, can the Republic survive?
But how much government business are we talking about? A handful of
emails? 10% of government business? Half of all major decisions? Or
what? Unless it's major chunk of official state business or part of
some crime, I should think it's obviously less bad than burglary by
electronic means for the purposes of political dirty tricks.
Brandy, right. Anyway, with the immense quotas Apple, Google, RIM, and Yahoo provide, a Brown act paladin who really makes a point of keeping track of his communications is better off with a state-of-the-art commercial service than whatever the Californiaville Wherever board of Whateveritis provides.
The implications of allowing public officials to bend the rules so
they can get around public access laws are far graver than a kid
guessing (not "hacking," exactly) his way into a poorly protected
email account.
I rarely totally (or even at all) disagree with you, but you're way
off base here. Dude used the 'forget password' to access the
account. It's hacking. Going into other people's electronic files
that are specifically set up for private use (even if the
protection is light) is hacking.
This is no different than going to some stranger's house, looking
in the flowerbed, and finding the emergency key. Then using it to
go in the house and snooping around. True, he didn't 'steal'
anything. But he took the letters off the kitchen table, and the
photos off the mantle, made copies to bring with him, and put them
back. He then left the house, bragged about what he did, and posted
his copies on the internet.
If he did this in meatspace, he would be charged with trespassing
and breaking and entering, and would be looking at serious
(felonious) legal trouble. And deservedly so.
You ask who's worse? It's no contest, the kid is. There is no
excuse for his behavior. He's a straight up criminal* and is lucky
if he doesn't get jail time.
Plus, the email account that was hacked, had, as far as I know, no
state business info (I think it had party business info) But i'm
not sure about any facts in this specific paragraph. And I can't
seem to get your first link to work at this time, site looks
busy.
*allegedly, 'until proven guilty' yadda yadda.
The only reason they indicted the poor kid was to make Palin look less like the idiot she is and instead like the poor victim of a computer crime. So now this kid will be locked up for 20 years because Palin is a public figure and an idiot. The Bush DOJ took no time at all to get a (flawed) indictment against the kid who reset her password and got into her yahoo account.
So if the government gets a warrantless wiretap to listen in on a suspected foreign terrorists telephone call, it's the end of liberty and freedom as we know it. If a kid breaks into and posts details of a persons email account, it's almost as bad as a governor having a private email account. I get it.
Unless you have some actual evidence that Palin specifically
intended to evade the spirit of the law, such as her saying that
was her intent in one of those emails, I'd be inclined to give her
the benefit of the doubt. If you have a smoking gun here, put that
damning details in your post.
I though the details were pretty well known. From the linked
article:
"I think that it's total hypocrisy from what she stood for at
the beginning of her campaign," Henning said. "Because she
campaigned on open government, and she knew that using a private
e-mail account would take it and basically hide stuff that people
couldn't see."
As far as McLeod can tell, all but one of the e-mails to the
governor used her private e-mail address. The one time an aide
e-mailed the governor's state account, he was reminded not
to.
"Frank, This is not the Governor's personal e-mail account," an
assistant to Palin wrote to Bailey in February.
"Whoops~!" Bailey responded in an e-mail.
The state withheld about 1,100 e-mails, citing exemptions for
deliberative process, executive privilege, attorney/client
privilege, privacy and personnel.
And regarding one of Palin's top aides:
In one e-mail string among the volumes turned over, Frye wanted
to know if she would be audited or "dinged in any way" if her
personal and state e-mails all routed to the same device.
"I would gladly buy my own blackberry if it and its contents were
truely mine. Any thoughts here?" Frye wrote on March 17 at 10:56
a.m.
Administrators were waiting for guidance on confidentiality issues
from the state Department of Law, Kim Garnero, state Division of
Finance director, wrote back at 11:06 a.m. But using a personal
device made an audit much less likely, she wrote.
Frye later forwarded strings about the personal e-mail issue to
Palin and her husband, Todd.
In April, Frye asked the state's information technology office for
help in getting her BlackBerry to default to her Yahoo
account.
Frye did not respond to requests for comment.
Radley,
Even with the quotes from the article, I still don't see what Palin
did wrong. She even made inquiries about the propriety of getting
personal e-mail on a state blackberry to make sure she was obeying
the law. A political opponent says Palin is hypocritical for not
being more open, but there's no evidence of a legal
violation.
Furthermore, lots of us have work and personal e-mail addresses,
and some of the contacts overlap, but we aren't "hiding" from our
bosses when we use our personal e-mails to contact other
colleagues.
On the other hand, the hacker's intent was to find private,
personal information of Palin's and to expose it to the world. From
wehre I stand, the hacker's intention, his actions, and the result
were worse than Palin's.
What a stupid post. The punk little shit of a kid broke the
law.
This smells to high heaven of partisan bullshit.
As long as nobody in the MSM breathes a WORD about how widespread use of cryptography could have easily protected Palin's privacy, everything will be ok. Good thing strong crypto has been treated as "a munition" rather than plain old speech by our obese government, "to protect the children," eh? Otherwise, automated snooping by our betters for political & financial purposes wouldn't be nearly as easy!
So when are you going to give us full disclosure of your email contents Radley?
Radley,
You're missing the obvious problem. The Yahoo accounts were deleted
BECAUSE some twit hacker broke into her account and started posting
her private messages.
Yeah, I'm sure if a Republican operative "guessed" Obama or
Biden's private email we'd all hear how the real problem was that
they were using their private email for government business. It's
not like Watergate was a big deal or anything.
What is clear is that she wasn't all that serious about her
gubernatorial campaign promise for "open and transparent"
government
When do we get to see Obama's email?
How about Biden's?
Maybe we can find out why Obama belonged to an explicitly socialist
group, or launched his career from a terrorists's house. Lord knows
the media doesn't care enough to ask.
So when are you going to give us full disclosure of your
email contents Radley?
Last I checked, I wasn't working for the government. And I'm
certainly not the highest ranking public official of a state.
Given the Bush administration's determined effort to "lose" emails
and fight government transparency tooth and nail, I'm a little
surprised at the reaction to this post.
she wasn't all that serious about her...promise for "open
and transparent" government.
Quick, name one politician in the last century who made that
promise and then backed it up with actual results. I'll wait
here.
I'll defend hacker jackassery when it exposes the lack of
security used by public officials on public business. In such
cases, the hackers should be thanked, not prosecuted.
I'll defend Fourth Amendment violations when it exposes citizens
violating laws designed for public safety. In such cases, the
police should be thanked not questioned.
I'd like to read those emails that Obama and Scarlet Johansen have been sending back and forth.
Given the Bush administration's determined effort to "lose"
emails and fight government transparency tooth and nail, I'm a
little surprised at the reaction to this post.
I am, too. One of the few things I liked about Obama was his pledge
for open government. Given some of the things his campaign has
done, I think that's bullshit, but it was at least nice to hear a
politician state that this should be a goal.
I am fucking sick of government goons whose sense of entitlement
makes them believe they should be able to do what they want, at all
times.
What does it say that the latter is facing charges, but the
former isn't?
It says that the latter clearly broke the law by hacking somebody's
personal email account, and that the former is the victim.
Even if there is an actual crime on Palin's part, it has fuck-all
to do with her Yahoo account getting hacked and posted online. If
she is hiding state business (and there is actual proof), I'll help
you set up the stake and kindling.
Until then, playing the moral equivalence game because she's a
national candidate comes across as cheap partisan hackery. The two
issues, even on there best days, are only tenuoulsy connected.
There is a time and place for killing two birds with one stone, but
this isn't it.
Given the Bush administration's determined effort to "lose"
emails and fight government transparency tooth and nail, I'm a
little surprised at the reaction to this post.
The problem is that two wrongs don't make a right. Even if Bush
were hiding "smoking guns" in his Hotmail account to dodge the law,
it's just as wrong for private citizens to hack into his private
e-mail as it would be for him to hack into our e-mail without
warrants based on probable cause.
Even Bush has paid lip service to the idea that oversight is
necessary to conducting surveilance in order to prevent abuse, he
just argued that executive branch oversight is sufficient. Most
people here find that idea laghable, but even executive oversight
of the executive branch is more protection against abuse then a
private hacker has.
It's nice that you've excluded 'illegal,' but you should also exclude 'state business' because I haven't seen any evidence of that either.
Given the Bush administration's determined effort to "lose"
emails and fight government transparency tooth and nail, I'm a
little surprised at the reaction to this post.
I'm not. The people defending it are TAO, TallDave, PapayaSF and
Abdul, who aren't exactly unbiased observers.
The seemingly bottomless hostility that many (most?) Reason writers and many, many commenters have displayed toward Palin since her nomination is puzzling on its face. Her proven record of fighting against and deposing corrupt establishment politicians in Alaska should be celebrated by those who pay lip service to "Free minds and free markets." Instead, there has been a concerted effort to demean her and bring her down, often with a Kos-like nasty glee. In the meantime, the electorate looks like it's on the verge of handing us over to a Marxist president, with a filibuster-proof statist congressional majority and the likelihood of a couple of dangerous Supreme Court appointments. Reason has been almost silent on Obama's Bolshie philosophical underpinnings, the proven corruption and dishonesty of his VP nominee, etc. I'm just an old Randite, though, so maybe you're playing a game that's just too subtle for me to understand.
I'm a little surprised at the reaction to this
post.
SHE WINKED AT MEEEEEEEEEEEEEEEEE
or something like that.
terrorist fist jabs go bump in the night.
palin is a libertarian in the same way that the republican party
is libertarian.
(hint: they're not!)
perhaps i am merely naive, i am very surprised that people are
easily hypnotized by a pretty face and some kultur war tweaks.
(this can be a jab at obama or palin if you like.)
If a law says official emails must be preserved, and a politican
uses their personal email account to do official buisness, then the
personal account should be subject to the law. If Palin doesn't
like it, she shouldn't use her personal email for official
buisness.
A public servent, doing a public job, paid by the public, has no
privacy expectation regarding offical communications within that
job.
""""What does it say that the latter is facing charges, but the
former isn't?"""
That we need to put some teeth in the open records laws?
""""Given the Bush administration's determined effort to "lose"
emails and fight government transparency tooth and nail, I'm a
little surprised at the reaction to this post."""
I'm not, given the deathly roar from the citizenry with regards to
the Whitehouse email issue, yes i'm being sarcastic, a politician
keeping official business from those who pay their salary is a
non-starter. It seems that the belief is one which a hacker who
violates the law in order to acheive compliance with a law is far
more criminal that government violating law to acheive the same
end. Look at how many people backed the teleco immunity.
"""I am fucking sick of government goons whose sense of entitlement
makes them believe they should be able to do what they want, at all
times."""
That should be the prevailing attitude, but too many partisan
people think it's ok when their team does it, but not ok for the
other team. The republicans would have never let a democrat get
away with what Bush has done, in many areas.
"""Quick, name one politician in the last century who made that
promise and then backed it up with actual results. I'll wait
here."""
Sure, there was what's his name. No wait, well, uh, hummmm. I got
nothing.
That's the funny thing about politics and the citizenry, we quickly
forget that they are lying in order to promote team R or team
D.
"""The seemingly bottomless hostility that many (most?) Reason
writers and many, many commenters have displayed toward Palin since
her nomination is puzzling on its face."""
Which Reason writer said this about Palin "And as a libertarian,
there's plenty I like about Palin." If you guessed anyone other
than Radley, you would be wrong.
My understanding, and no I'm not going to search out the links right now, is that Palin was using her personal account for political e-mails, not state business--things that she was actually forbidden from using a state e-mail account for. Also e-mails that she would most likely not be required to save, since they are not state business.
that the highest ranking public official in Alaska was using
private email accounts to conduct official state business so she'd
be less susceptible to open records laws and subpoenas,
Isn't that assuming the conclusion(s) that she was both (a) using
her personal account for state, rather than political business AND
(b) that she did so with the express intention of violating opens
records laws and subpoenas?
I mean, sure, if you mean it as a hypothetical, say so, but don't
state your hypothetical as if its the facts on the ground.
"""Quick, name one politician in the last century who made that
promise and then backed it up with actual results. I'll wait
here."""
Jimmy Carter. never refused access to his e-mails. never used his
Blackberry® for govt. bidness.
or was that before the govt. invented computers and Gore invented the internet?
Given the Bush administration's determined effort to "lose"
emails and fight government transparency tooth and nail, I'm a
little surprised at the reaction to this post.
Really? You do not see how hacker dude is not one bit different
than the dudes who broke into Ryan Frederick's home?
So if you think Palin deserved what she got, does Frederick also
deserve what he got and what he'll get because they actually found
pot? Which is definitely illegal.
I'm not. The people defending it are TAO, TallDave, PapayaSF
and Abdul, who aren't exactly unbiased observers.
ha! Yeah, I'm such Teh Shill.
The real point (as made above) is that there isn't moral
equivalence here.
It's like it's stupid day @ H+R: people want a sheriff to break the
law to satisfy their looter tendencies and people want this guy to
break the law even though it doesn't really make him some kinda
hero.
Yeah, I'm sure if a Republican operative "guessed" Obama or
Biden's private email we'd all hear how the real problem was that
they were using their private email for government business. It's
not like Watergate was a big deal or anything.
For Obama's part, he wasn't stupid enough to still have a Yahoo
email account while running for national office.
Do you realize how pathetic so-called libertarians like yourself
look when you continue to suck up to drug-warring, wiretap-loving,
statist Republicans who will never accept you?
And care to explain what's so libertarian about Michelle "Manzanar"
Malkin, since you're such a big fan of Pajamas Media?
I think your way off base here that this wasn't hacking. Trying
to guess someone's password is the very definition of hacking.
Usually it is done in a more brute force manner, so I will give the
kid props for elegance.
This kid is not a champion of good government, he did this
expressly to try and find embarrassing details about the woman's
life. I don't see how you can be trying to excuse away his
behavior.
"""The seemingly bottomless hostility that many (most?)
Reason writers and many, many commenters have displayed toward
Palin since her nomination is puzzling on its face."""
Which Reason writer said this about Palin "And as a libertarian,
there's plenty I like about Palin." If you guessed anyone other
than Radley, you would be wrong.
Ah, but you see, JohnL is a Randite, so of course he didn't notice
that. Just like he also doesn't notice that people like Palin saw
Rand and her adherents as a threat to the country because of their
non-belief in a God and still do.
Her proven record of fighting against and deposing corrupt
establishment politicians in Alaska should be celebrated by those
who pay lip service to "Free minds and free markets."
By your standards, John Gotti would be hailed as someone who "took
on the mob" because he had Paul Castellano killed.
Give me a break!
Palin, like Gotti, didn't take on the criminals because she wanted
to stop corruption - she took on the criminals because she wanted
to be the one controlling and profiting from the corruption.
Usually it is done in a more brute force manner, so I will
give the kid props for elegance.
If the dude was elegant, he wouldn't have got caught. Or at least
not handled everything after he changed the password like a total
lamer.
Conservatives on Palin's emails: "You don't have a right to see
her emails until you can prove those emails contain evidence of
wrongdoing. Sure, her aides have recorded emails discussing the use
of private email specifically to avoid evidence gathering, but
thats just 'probable cause' of a crime and not proof. We require
proof".
If the circumstances didn't involve a GOP pol you guys would be all
over the fact that there is more than enough probable cause to
suspect wrongdoing and demanding an investigation.
But since she's one of yours you want "solid proof" before you even
start looking for evidence. Pathetic.
Baring all political illegalities that may have been committed by Palin. From what I understand, the kid hacked into her email hoping to find some information that would de-rail her campaign. After finding nothing, he then proceeded to shout from the top of his lungs across the internet that he had hacked her email but found nothing. Had he kept his mouth shut most likely nothing would have happened and no one would have ever known. In my opinion this kids is a moron and deserves what he gets.
For Obama's part, he wasn't stupid enough to still have a
Yahoo email account while running for national office.
So, would you say that anyone who gets raped while wearing a
miniskirt was just asking for it anyway?
You don't have a right to see her emails until you can prove
those emails contain evidence of wrongdoing.
I mean, now that we've seen what was in this particular account,
don't we know that it didn't contain evidence of wrongdoing? This
committed Dem broke in to her account looking for something to
string her up with, and by his own admission found nothing.
Palin, like Gotti, didn't take on the criminals because she
wanted to stop corruption - she took on the criminals because she
wanted to be the one controlling and profiting from the
corruption.
I honestly don't think so. Its much easier to get on the gravy
train as a "go along to get along" pol, which she definitely hasn't
been.
Why don't you all admit that you will vote for Obama? Just come out and say it "libertarians". I think libertarians are the most pathetic political group because they start from the right political premises and then they fuck themselves over and over again by concentrating on minutaie rather than the big issues. And yet none of you have the balls to do so because it would clearly show that you are not "libertarian" in the fucking least. I can understand a libertarian voting for Mccain or not voting for Mccain because of principle issues, but under no circumstance should a libertarian ever vote For a leftist like Obama or Biden.
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