Sarah Palin email hack

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David Kernell

The Sarah Palin email hack occurred on September 16, 2008, during the 2008 United States presidential election campaign when the Yahoo! personal email account of vice presidential candidate Sarah Palin was subjected to unauthorized access. The hacker, David Kernell, had obtained access to Palin's account by looking up biographical details such as her high school and birthdate and using Yahoo!'s account recovery for forgotten passwords. Kernell then posted several pages of Palin's email on 4chan's /b/ board. Kernell, who at the time of the offense was a 20-year-old college student, is the son of longtime Democratic state representative Mike Kernell of Memphis.

He was charged in October 2008 in federal court. After he was led into the court in leg irons and handcuffs, the judge released him on his own recognizance, pending trial.[1][2] The incident was ultimately prosecuted in a U.S. federal court as four felony crimes punishable by up to 50 years in federal prison.[3][4] The charges were three felonies: identity theft, wire fraud, and anticipatory obstruction of justice; and one optional as felony or misdemeanor: intentionally accessing an account without authorization. Kernell pleaded not guilty to all counts.

A jury trial, featuring the testimony of Sarah Palin and Bristol Palin, began on April 20, 2010.[3] On April 30, 2010, the jury found Kernell guilty on two counts: the felony of anticipatory obstruction of justice and the misdemeanor of unauthorized access to a computer.[5][6] Sarah Palin posted a note on her Facebook page stating that she and her family were thankful the jury had rendered a just verdict in her opinion.[7]

Kernell was sentenced on November 12, 2010, to one year plus a day in federal custody,[8] followed by three years of supervised release.[8] The sentencing judge recommended that the custody be served in a halfway house,[8] but the Federal Bureau of Prisons sent him instead to a minimum security prison.[9][10] In January 2012, the United States Court of Appeals for the Sixth Circuit found Kernell's awareness of a possible future FBI investigation was enough to uphold a conviction on obstruction of justice.[11]

Incident[edit]

Shortly after midnight on September 16, 2008,[4] the private Yahoo! Mail account of Sarah Palin was cracked by a 4chan user.[4] The hacker, known as "Rubico", claimed he had read Palin's personal e-mails because he was looking for something that "would derail her campaign."[4][12]

After reading through Palin's emails, Rubico wrote, "There was nothing there, nothing incriminating — all I saw was personal stuff, some clerical stuff from when she was governor."[4][12] Rubico wrote that he used the Sarah Palin Wikipedia article to find Palin's birth date (one of the standard security questions used by Yahoo!.[13]) in "15 seconds." The hacker posted the account's password on /b/, an image board on 4chan, and screenshots from within the account to WikiLeaks.[14] A /b/ user then logged in and changed the password, posting a screenshot of his sending an email to a friend of Palin's informing her of the new password on the /b/ thread. This man was criticized heavily by the /b/ community, for being a "white knight". However, he did not blank out the password in the screenshot.[15] A multitude of /b/ users then attempted to log in with the new password, and the account was automatically locked out by Yahoo!. The incident was criticized by some /b/ users, one of whom complained that "seriously, /b/. We could have changed history and failed, epically."[16] The hacker admitted he was worried about being caught, writing "Yes I was behind a proxy, only one, if this sh*t ever got to the FBI I was f**ked, I panicked, I still wanted the stuff out there ... so I posted the [information] ... and then promptly deleted everything, and unplugged my internet and just sat there in a comatose state."[13]

The hacker left behind traces of his activity. His IP address was logged at the proxy he used, CTunnel.com, and he also left his email address rubico10@yahoo.com when he posted at 4chan. Furthermore, the attacker revealed the original web address used by the proxy[17] by leaving this information in the screenshot which according to experts can also help the investigation.[17] 4chan's /b/ board is not archived, and posts are only retained for a short time. However, with the great interest surrounding the posts of Rubico, many, including wired.com, archived the original posts. The email address left behind was then connected to David Kernell through various social networking profiles where it was used,[18] though no official investigation took place at this time.

Campaign response[edit]

John McCain's campaign condemned the incident, saying it was a "shocking invasion of the governor's privacy and a violation of law".[17] Barack Obama's spokesman Bill Burton called the hacking "outrageous".[13]

Federal investigation[edit]

The FBI and Secret Service began investigating the incident and on September 20, it was revealed that they were questioning David Kernell, a 20-year-old economics student at the University of Tennessee and the son of Democratic Tennessee State Representative Mike Kernell from Memphis.[19][20][21][22] The handle used by the hacker when making his post at 4chan pointed to him, although this evidence was inconclusive because of the frequent pranks pulled at that board.[23] The hacker's proxy service provided its logs, which pointed to Kernell's residence.[20][23]

FBI agents served a federal search warrant at David Kernell's apartment in Knoxville.[24] Agents spent two hours taking pictures of everything inside his apartment.[24] Kernell's three roommates were also subpoenaed and expected to testify the following week in Chattanooga.[25] The obstruction of justice charge stems from an allegation by the FBI that Kernell attempted to erase evidence of the crime from his hard drive.[26] Kernell's father told Wired that he was aware that his son was a suspect, but he did not ask him anything about it over concerns that he may have to testify in court.[27]

Indictment[edit]

A second federal grand jury in Knoxville returned an indictment of Kernell on October 7, 2008.[28] He was charged with violating 18 U.S.C. § 1030(a)(2)(C) and § 2701, or unlawful access to stored communications and intentionally accessing a computer without authorization across state lines, respectively.[29] Kernell turned himself in the next day.[30] Kernell pleaded not-guilty.[31] The court released Kernell on his own recognizance.[32] Kernell's attorney claimed that using "an e-mail address and a birth date does not constitute identity theft"; however, the court rejected that argument saying "once Governor Palin chose the Yahoo! ID gov.palin@yahoo.com, that became her unique address, and no one else could choose it."

Trial verdict[edit]

Federal Correctional Institution, Ashland, where Kernell served part of his sentence

On April 30, 2010, David Kernell was found guilty on two of four counts: the felony of anticipatory obstruction of justice by destruction of records and a misdemeanor of unauthorized access to a computer. The jury acquitted him of the charge of wire fraud and was deadlocked on the charge of identity theft.[33] In response, Palin issued a press release comparing the case to Watergate.[34]

Prosecutors promised a retrial on the identity theft charge if Kernell was successful in his attempt at receiving a new trial.[33] In November 2010 he was sentenced to one year and one day of prison, and three years of probation.[35] The judge recommended that the sentence be served in a halfway house rather than in a federal prison.[8] However, the Federal Bureau of Prisons, which makes the ultimate determination as to where federal prisoners serve their sentence, assigned Kernell to the minimum security prison at the Federal Correctional Institution, Ashland near Ashland, Kentucky.[9][10][36] Jose Santana, the chief of the BOP, said that halfway houses are for convicts who have limited skills and/or limited support from their families. Because Kernell had the support of his family and had attended a university for three years, Santana argued that he does not need to be in a halfway house.[37] Kernell was later relocated to a halfway house.[38]

See also[edit]

References[edit]

  1. ^ Lakin, Matt (October 8, 2008). "UT student David Kernell pleads not guilty in Palin e-mail hacking". Knoxville News Sentinel. Retrieved September 12, 2010. 
  2. ^ Michele Masterson (September 19, 2008). "Memphis Democrat Rep. Confirms Son Is Subject Of Speculation In Connection With Palin Hack". CRN.com. Retrieved September 12, 2010. 
  3. ^ a b AP staff reporter (April 7, 2010). "Palin set to take stand in Tenn. hacking trial". FOX News. Associated Press. Retrieved September 12, 2010. 
  4. ^ a b c d e Johnson, Bobbie (May 27, 2010). "Sarah Palin vs the hacker". The Sunday Telegraph (UK) (London). Retrieved August 7, 2012. 
  5. ^ Poovy, Bill (May 1, 2010). "Man convicted of Palin email hacking". The Sydney Morning Herald. Associated Press. 
  6. ^ Balloch, Jim (April 30, 2010). "Jury convicts Palin e-mail intruder on two counts; mistrial declared on ID theft". Knoxville News Sentinel. 
  7. ^ Palin, Sarah (April 30, 2010). "The Hacker Case Verdict". Facebook. 
  8. ^ a b c d Mungin, Lateef (November 12, 2010). "Prison or halfway house for Palin e-mail hacker". CNN. Retrieved November 10, 2010. 
  9. ^ a b "Inmate locator, David C Kernell". Federal Bureau of Prisons. Retrieved February 11, 2011. Release date, actual or projected 11-23-11 
  10. ^ a b "Official explains placing David Kernell at Ky. facility". Knoxville News-Sentinel. January 28, 2011. Retrieved January 28, 2011. 
  11. ^ Baynes, Terry (January 30, 2012). "Sarah Palin email hacker loses appeal". Reuters. Retrieved August 7, 2012. 
  12. ^ a b Rowland, Kara (September 19, 2008). "Hacker wanted to 'derail' Palin". The Washington Times. Retrieved September 23, 2008. 
  13. ^ a b c Carl Campanile (September 19, 2008). "Dem Pol's Son Was 'Hacker': I Spied On Palin' Boast Pops Up On 'Net". New York Post. Retrieved September 12, 2010. 
  14. ^ Tom Phillips (September 17, 2008). "Sarah Palin's email gets hacked". Metro. Retrieved September 17, 2008. 
  15. ^ M. J. Stephey (September 17, 2008). "Sarah Palin's E-mail Hacked". TIME. Retrieved September 17, 2008. 
  16. ^ David Sarno (September 17, 2008). "4Chan's half-hack of Palin's email goes awry". The Los Angeles Times. Archived from the original on May 14, 2011. Retrieved September 17, 2008. 
  17. ^ a b c "Student suspect in Palin hacking". BBC News. September 23, 2008. Retrieved September 12, 2010. 
  18. ^ Sarno, David (September 24, 2008). "A hit-and-run at digital speed". Los Angeles Times. Retrieved August 7, 2012. 
  19. ^ "Palin Hacker Indicted". The Smoking Gun. Retrieved October 12, 2008. 
  20. ^ a b Steve Bosak (September 20, 2008). "Suspect Nabbed in Palin E-mail Hack". NewsFactor. Retrieved September 21, 2008. 
  21. ^ Goodin, Dan (October 8, 2008). "Son of state lawmaker charged with Palin email hack". The Register. Retrieved October 10, 2008. 
  22. ^ Lakin, Matt (October 9, 2008). "Jury indicts UT student accused of hacking Palin's e-mail". Knoxville News Sentinel. Retrieved October 10, 2008. 
  23. ^ a b "Grand jury investigates Palin e-mail hack; no charges yet". Ars Technica. September 24, 2008. 
  24. ^ a b Keizer, Gregg (September 22, 2008). "Report: FBI serves search warrant against UT student in Palin case". Computerworld via WBIR.com. Retrieved August 7, 2012. 
  25. ^ Chisamera, Dee (September 22, 2008). "FBI Search The Apartment Of Palin Hack Primary Suspect". eFluxMedia. Retrieved October 10, 2008. 
  26. ^ Satterfield, Jamie (April 23, 2010). "FBI agent says Kernell tried to destroy proof of Palin e-mail breach". KnoxNews.com. Retrieved April 23, 2010. 
  27. ^ Paul, Ian (September 22, 2008). "Palin Update: Tenn. Student Implicated in Hack". Today @ PC World. Retrieved October 11, 2008. 
  28. ^ "David C. Kernell Indicted for Alleged Hack of Governor Sarah Palin's E-mail Account" (Press release). United States Department of Justice. October 8, 2008. 
  29. ^ "Indictment: United States of America v. David Kernell a/k/a "rubico," defendant". United States District Court, Eastern District of Tennessee at Knoxville. October 7, 2008. Archived from the original on December 2, 2009. 
  30. ^ Mansfield, Duncan (October 9, 2008). "Son of Tenn. Democrat indicted in Palin hacking". Breitbart.com. Associated Press. Retrieved April 21, 2010. 
  31. ^ "Man denies hacking Palin e-mail". BBC News. October 9, 2008. Retrieved October 12, 2008. 
  32. ^ Reid, Tim; Tom Baldwin (October 9, 2008). "John McCain campaign renews attack on 'terrorist's friend' Barack Obama". The Times (London). Associated Press. Retrieved October 12, 2008. 
  33. ^ a b "ID theft retrial in Palin hacking hinges on appeal". Seattle Times. Associated Press. May 7, 2010. 
  34. ^ "Sarah Palin Compares Hacking Case to Watergate". CBS News. April 30, 2010. Retrieved August 7, 2012. 
  35. ^ Paul McNamara (11 December 2010), Palin e-mail snoop sentenced to a year in custody. David Kernell faces the music for 2008 intrusion into candidate's account, Network World 
  36. ^ Purewal, Sarah Jacobsson (January 14, and johal boys2011). "Palin E-Mail Hacker Imprisoned Against Judge's Recommendation". PCWorld. Retrieved February 11, 2011.  Check date values in: |date= (help)
  37. ^ "Feds: Palin hacker too well-off for halfway house." Associated Press at the Washington Post. Friday January 28, 2011. Retrieved on February 1, 2011.
  38. ^ "UT student David Kernell convicted of hacking Sarah Palin's e-mail, in halfway house". WBIR-TV (Knoxville). August 2, 2011.