Farivar writes: "Matthew Keys, a journalist, was found guilty on Wednesday of three counts of criminal hacking. He faces up to 25 years in prison, but officials are expected to seek less than five years."
Former Reuters social media editor Matthew Keys (R) arrives at the federal courthouse April 23, 2013 in Sacramento, California. Keys was in court to face charges he conspired with the hacking group Anonymous. (photo: Max Whittaker/Getty)
08 October 15
Matthew Keys could face up to 25 years in prison after allegedly giving up CMS login.
atthew Keys, a journalist, was found guilty on Wednesday of three counts of criminal hacking. He faces up to 25 years in prison, but officials are expected to seek less than five years.
When asked via a Twitter direct message if he would appeal, he told Ars: "Yes," adding, "It's bullshit."
On Twitter, his lawyer, Jay Leiderman, who has represented other Anonymous-related cases before, concurred.
Keys worked previously as an online producer for KTXL Fox 40, a Sacramento, California-based television station.
Prosecutors argued that in December 2010, shortly after his dismissal he handed over login credentials to a Tribune Media content management system (CMS), which allowed members of Anonymous to make unauthorized changes to a Los Angeles Times story. (At the time, both companies were both owned by Tribune Media.) The charges were not filed until March 2013.
Keys’ lawyers forcefully argued that this was a low-level prank, and not a serious crime that merited prosecution under the Computer Fraud and Abuse Act.
That federal law, which was passed in 1984, was what the late activist Aaron Swartz was prosecuted under. Earlier this year, President Barack Obama called for Congress to expand prison sentences for those found guilty under this law.
Dueling narratives
According to the 2013 criminal indictment, Keys was invited to join the IRC channel where LulzSec, the group perpetrated the HBGary hack, originated.
On or about December 8, 2010, individuals identifying themselves as members of Anonymous had a conversation in an IRC channel known as #internetfeds in which one conspirator expressed a desire to gain unauthorized access to computer systems of Fox, a media outlet.
Defendant MATTHEW KEYS, using the nickname AESCracked, responded that “it takes a while to grant one username permission to every site. I’m doing that now. Thereafter, KEYS was invited to join the IRC channel #internetfeds.
Defendant MATTHEW KEYS then told the unidentified individuals that he was a former employee, proceeded to give them a username and password, and told them to “go fuck some shit up.”
Between on or about December 8, 2010 and on or about December 14, 2010, at least one member of the conspiracy used the anon1234 username and corresponding password to reconnoiter the Tribune Company CMS to ascertain how it worked and how best to accomplish the objectives of the conspiracy.
But, in a phone interview with Ars shortly after the verdict was announced, Keys flatly denied this entire narrative.
As Keys tells it, he was merely gathering information as a journalist about Anonymous, but did not have his IRC handle registered—so, he supposes, someone else, using an entirely different IP address, was using that nickname instead. As part of a broader investigation into anonymous, the FBI apparently came knocking at his door.
“The FBI asked me if they could scan my computer and when I told them no, then a few months later, they bring a criminal investigation against me? That's total bullshit,” Keys said.
“[AESCracked] was the name that I used, and other names in observing not just them but other hackers within Anonymous, and I admit that I didn't know very much about IRC back then. That was one of several names that I used, but it wasn't locked down, it wasn't registered and it looks like somebody did use it. It was connected to an IP address that wasn't mine. The FBI agent admitted that he didn't have any records of [that IP address].”
He also notes that by December 2010, he hadn’t worked for Tribune Media in three months, and had no access to their system after his departure.
“This case is about a journalist who wasn't complicit with the feds when they asked,” Keys added. “There is no question about what this case is, none. This is about them approaching a journalist and then deciding to profile that journalist as a criminal. And it's bullshit, it's absolute bullshit. Meanwhile whatever attack occurred against Tribune, not a single thing is done. As a journalist that should frighten the hell out of you.”
Leiderman, one of Keys' lawyers, also told Ars that in the appeal phase, he would argue that no real damage was done to the Tribune's systems.
"Here, they can click a button and click revert to backup story, so we're asserting that there's no damage under the meaning of the CFAA— that's probably our main argument at this point," he said.
"It was brought up in court, but this case got so dry and technical, and it really became about other things, that I think that got lost on the jury," he continued. "It's a pure legal argument. If someone goes ahead and erases stuff since the last time you saved, you can revert to your backup, you can go back. That costs you one click of your life. It's not sane to say this is three federal felonies."
Keys will be sentenced January 20, 2016 in a federal courtroom in Sacramento, California.
