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Apple iPad hacker "Weev" files an appeal to overturn his 41 month jail sentence

Posted: , by Alan F.

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Apple iPad hacker
Surely you remember Andrew Auernheimer, aka "Weev". He was the gentleman who was accused of obtaining the email addresses of 114,000 Apple iPad users with 3G connectivity, using an automated tool to pull the names out of AT&T's servers. Last November Auernheimer was found guilty on one count of conspiracy to access AT&T's servers without permission, and on one count of identity theft. He was sentenced to 41 months in jail.  His partner in crime, Daniel Spitler, pleaded guilty and cooperated with the authorities. He still awaits sentencing. The pair, after stealing the email addresses, sent them to Gawker Media.

Aurenheimer claimed that he was working on a project for AT&T and was testing the company's security. AT&T said that it never heard a word from Goatse Security, the name of Auernheimer's  hacking group.

On Monday, Auernheimer filed for appeal in the 3rd U.S. Circuit Court of Appeals. The appeal was written by Auernheimer's trial lawyers, Tor Ekeland and Mark Jaffe. Helping out the two attorneys is Electronic Frontier Foundation fellow Marcia Hofmann, and George Washington University Law School Professor Orin Kerr. The appeal says that accessing the AT&T servers was not illegal. Spitler changed an electronic ID number by one digit which allowed him and Auernheimer to develop an application they called the "iPad 3G Account Slurper," which allowed them to grab email addresses and names of 3G Apple iPad users. The filing for the appeal says that because the data was freely available on the internet, Auernheimer's actions did not constitute a theft. 

"AT&T chose not to employ passwords or any other protective measures to control access to the e-mail addresses of its customers. The company configured its servers to make the information available to everyone and thereby authorized the general public to view the information."-Filing for Appeal

source: Techhive via TUAW

21 Comments
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posted on 03 Jul 2013, 05:42

1. Topcat488 (Posts: 1112; Member since: 29 Sep 2012)


Should have maybe just asked AT&T... Maybe they would have giving the names and addresses for a price.

posted on 03 Jul 2013, 19:41 1

21. MyJobSux (Posts: 77; Member since: 01 Apr 2012)


AT&T should have done a better job of securing the data entrusted to them. If the guy gets off with what might end up being a loop hole for him then it should be a lesson to them. Maybe they should look at getting the guy to look at other flaws on their network, haha. In any case, the guy did pull info that wasnt really intended for him. If he gets off, good for him. The real issue is if AT&T and other carreirs will take security more seriously.

posted on 03 Jul 2013, 05:44

2. WHoyton1 (Posts: 1619; Member since: 21 Feb 2013)


lol loving the cap.....

posted on 03 Jul 2013, 06:24

3. Potato. (banned) (Posts: 607; Member since: 14 Jun 2013)


but its not plastic.. why are you loving it then?
:P

posted on 03 Jul 2013, 06:43 4

4. WHoyton1 (Posts: 1619; Member since: 21 Feb 2013)


like i said before "......." are you my stalker or something....i dont harrass your posts by saying...."oh its not made my Nokia why do you love it...."....please stop commenting on my posts with stupid useless sh!t like this......regards your stalking victim......

posted on 03 Jul 2013, 07:34 1

5. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


WH what're you thinking about as your next smartphone purchase?

posted on 03 Jul 2013, 08:55 1

6. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)


It's a tough one dark actually.....I'm liking what I see of the Note 3 at the moment however I got my MacBook Pro with retina display yesterday and it is incredible but at the moment I don't have really any use for iCloud and that's why I thought I might check the 5s out purely for the ecosystem and I have to say iOS 7 looks much improved....I might treat myself to both but I'm not sure yet hahaha and besides the MacBook cleaned me out! What are you thinking about dark?

posted on 03 Jul 2013, 09:04 1

8. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


I've never been able to pick a clear winner between iOS and Android, so I stopped trying. To me there's too much to like about both, and Craigslist allows owning both to be pretty cheap lol.

posted on 03 Jul 2013, 09:12

9. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)


Oh yeh I haven't really thought of Craigslist but unfortunately postage costs would be quite high here in the UK haha! but yeh re entry I have started to get back in to apple probably because of the pure beauty of the MacBook !

posted on 03 Jul 2013, 11:25

18. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


Give it a try u never

posted on 03 Jul 2013, 12:02

19. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


Know.

posted on 03 Jul 2013, 09:18

11. PapaSmurf (Posts: 7370; Member since: 14 May 2012)


Go away. No one likes you.

posted on 03 Jul 2013, 10:23

13. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)


Me?....

posted on 03 Jul 2013, 15:22

20. Potato. (banned) (Posts: 607; Member since: 14 Jun 2013)


Yes.. You.

posted on 03 Jul 2013, 09:02 1

7. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


Definitely ip5S and note 3 WH. As a huge fan of both platforms, every year I get the two flagships since 2010's evo 4G, and ip4

posted on 03 Jul 2013, 09:15

10. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)


Yeh Apple have certainly impressed me so far this year but I can't help feel that if samsung or LG pump out a flexible screen phone soon I may be pulled to android again....however there is no mistaking both sides are doing well!

posted on 03 Jul 2013, 09:45

12. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


The real WH is gonna report you.

posted on 03 Jul 2013, 10:25

14. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)


I am the real WillHoyton it's just this is the account I made on my iPad and whoyton1 is my normal one!

posted on 03 Jul 2013, 10:33

15. tedkord (Posts: 4282; Member since: 17 Jun 2009)


Will the real Will Hoyton please stand up? Please stand up? Please stand up?

Disclaimer: I can't stand Eminem, or rap in general.

posted on 03 Jul 2013, 11:22

16. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


Damn Ted I love rap lol. A little hard rock too

posted on 03 Jul 2013, 11:23

17. darkkjedii (Posts: 10119; Member since: 05 Feb 2011)


K just checkin. You know how jerks can be on this site.

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