Jeremy Hammond was sentenced to ten years in prison in
addition to three years of probation today in New York by US District Judge
Loretta Presca. Hammond pleaded guilty in May to hacking the servers of the
private intelligence firm Strategic Forecasting, lifting millions of e-mails
and thousands of credit card numbers, and destroying the firm’s data in the
process.
The courtroom was full of Hammond’s supporters, who
throughout the trial side-eyed a gaggle of West Point journalism majors who
filled several rows of space. When Jeremy entered the courtroom wearing two
layered t-shirts and jeans, several of his friends waved to him. He smiled and
waved back before sitting. The proceedings extended over two hours as Hammond’s
counsel and the government presented opposing viewpoints of Hammond’s
character.
Sarah Kinstler, one of the defense attorneys, compared
Hammond’s actions to the rights movements against American slavery and
apartheid. “[Those] actors are not always understood in the moment,” she said.
“In some cases history, rather than vindicating them, judges them harshly.”
Both Kinstler and the second defense attorney, Susan Kellman, said Hammond’s
actions were in protest against a private intelligence agency, and that he did
not do it for personal gain.
Kellman cited what she thought of as a similar example of
altruistic hacking: the time Hammond went to an Apple store, broke into their
system, and pushed the store’s financial data to all of the computers on
display. Kellman called the display “more dramatic than was called for,” but
noted that Hammond spent the rest of the afternoon helping the store better
secure their system.
The prosecuting attorneys responded that the lack of
personal gain as a motivating factor doesn’t excuse an action. “[Hammond] was
not a whistleblower,” said Preet Bharara. The prosecutors highlighted some of
Hammond’s other activity, including breaking into the servers of police
retirement associations to take the addresses of retired police officers.
“There is nothing to give the court comfort he will not do this again,” said
Bharara.
The defense and prosecution had an exchange about whether
Hammond had “learned his lesson” when he had been sent to prison in 2006 for
two years regarding his hacking of a political Web site. The prosecutors
pointed out he was on trial again for virtually the same type of activity:
breaking the law to prove a point.
When the judge called Hammond to make a statement, he stood
and grinned at one of his friends before walking to the podium to speak. “I’m
actually sick now,” he said, to excuse his raspy speaking voice. Hammond said
he felt he “had an obligation to expose injustice and bring truth to light.”
Hammond said that Sabu, the de facto Anonymous leader turned
FBI informant, had suggested many targets for hacking after the two became
friends and encouraged the hack of Stratfor. “It came as a great surprise when
I learned Sabu was talking to the FBI the entire time,” Hammond said. Hammond
continued by saying that the injustice of surveillance “cannot be cured by an
institutional firm, but [instead] by civil disobedience and direct action.”
As a last step, the judge asked whether there were any
victims in the stand who wanted to speak. Two men stood. “Is that David?” said
a dreadlocked man in the audience as one of the men approached the podium.
The judge asked the man’s name. “David Zuker,” he replied.
“And you’re a victim.”
“I’m a victim. Of FBI repression, I’ve been under
surveillance—“ Zuker tried to continue to speak as a security guard pushed him
bodily from the room. “More power to the people!” Zuker called out repeatedly
to scattered applause before tripping at the door and finally being ejected
from the courtroom.
The second man, who gave his name as Bocce, began to
complain at length about harassment he had received from Hammond’s supporters
as a friend of Sabu and podcaster about Anonymous activity.
“My parents were swatted. Do you know what that is?”
“No,” the judge said. Giggles erupted in a far corner of the
courtroom from several of Hammond’s supporters. Bocce turned aggressively and
started as if to approach them, but the judge urged him to finish his
statement.
“I was pizza-bombed several times, Chinese food-bombed,”
Bocce stated to the barely-repressed laughter of the audience. “I had the same
feelings as Aaron Swartz,” Bocce said, invoking the Reddit founder who killed
himself earlier this year facing hacking charges.
“Because of Anonymous, because of fucking Anonymous!”
The judge finally moved to read her sentence. She stated
that Hammond’s activities did not line up with his activist motivations: he
“broke into critical systems, destroyed files,” and sought to dump online
information, in addition to defacing Stratfor’s Web site.
In addition to Stratfor, Hammond also hacked other
institutions with “no apparent connections to his political motivations” and
caused “reputational harm,” the judge said. Hammond stated repeatedly in IRC
logs that his “ultimate goal” was to cause mayhem, the judge said, and what he
did shows “ a total lack of respect for the law.”
For his crimes, the judge sentenced Hammond to 120 months of
prison, followed by a three-year period of “supervised release.” During that
release period, Hammond would be required to participate in a substance abuse
program and have all of his Internet activity and Internet devices monitored,
both of which he would be required to pay for.
During the release period, Hammond will also have to submit
to checks of any devices that access the Internet that he either owns or
touches with advance notice. He will not be allowed to use Tor, nor will he be
allowed to encrypt his Web traffic or any data stored on any of his devices,
save what may be required for employment.
Hammond broke into Stratfor's servers in December 2011. He
used SQL injection to gain access to Stratfor’s database, where he found troves
of data including credit card numbers stored in plain-text and five million
e-mail messages, which were eventually posted to Wikileaks in 2012. Hammond
charged a total of $700,000 in donations to non-profit groups using the stolen
credit card information.
Hammond was one of the highest-profile catches for the FBI
by way of Sabu, the de facto leader of the Lulzsec hacking group who was turned
by the FBI in 2011. Hammond chatted to Sabu as the Stratfor hack was in
progress, and Sabu offered Hammond use of one of his servers to store the
information culled from Stratfor’s databases.
The FBI then used Sabu’s IRC chat logs to put together
information on Hammond and his various online nicknames, which included sup_g,
yohoho, and anarchaos. By February of 2012, the FBI was parked outside
Hammond’s home, preparing to monitor his Web traffic and line up his online
activities with real-life movements, with support from Sabu. On March 5, 2012,
Hammond was arrested.
He originally pleaded not guilty to charges of hacking into
Stratfor’s servers and stealing credit card and personal information in May
2012, but he changed his plea to guilty one year later. Hammond stated he
changed it because the prosecutor “stacked the charges with inflated damage
figures” that would have amounted to a maximum sentence of 30 years in prison
if he were tried and found guilty.
This story is developing, more details are to come.
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