Forum - View topic
NEWS: Hacker Gets Prison Sentence for Nintendo Information Leak, Child Porn Possession




Note: this is the discussion thread for this article

Anime News Network Forum Index -> Site-related -> Talkback
View previous topic :: View next topic  
Author Message
CatSword



Joined: 01 Jul 2014
Posts: 1413
PostPosted: Wed Dec 02, 2020 12:46 am Reply with quote
Quote:
Hacker Gets Prison Sentence for Nintendo Information Leak


Free him-

Quote:
Child Porn Possession


Well that escalated quickly. Fair sentence.
Back to top
View user's profile Send private message Visit poster's website My Anime My Manga
Kougeru



Joined: 13 May 2008
Posts: 5344
PostPosted: Wed Dec 02, 2020 1:52 am Reply with quote
CatSword wrote:
Fair sentence.


Not remotely "fair". Should be at least a decade
Back to top
View user's profile Send private message AIM Address My Anime My Manga
CatSword



Joined: 01 Jul 2014
Posts: 1413
PostPosted: Wed Dec 02, 2020 2:10 am Reply with quote
Kougeru wrote:
CatSword wrote:
Fair sentence.


Not remotely "fair". Should be at least a decade


If we consider the fact he's still a young adult, nobody's gonna cry over poor billionaires Nintendo having some info leaked, and that his release will also be supervised (meaning his total time before freedom is a decade), I think it's reasonable. The only serious charge here is the possession of child pornography, which is heinous but not the type of issue with no possibility for rehabilitation when you consider his age and no associated sex crimes.
Back to top
View user's profile Send private message Visit poster's website My Anime My Manga
revolutionotaku



Joined: 19 May 2011
Posts: 787
PostPosted: Wed Dec 02, 2020 2:24 am Reply with quote
Other news articles reported that the child porn was found on a file labeled "Bad Stuff".
Back to top
View user's profile Send private message Send e-mail
Horsefellow



Joined: 01 Jan 2020
Posts: 172
PostPosted: Wed Dec 02, 2020 7:17 am Reply with quote
CatSword wrote:
If we consider the fact he's still a young adult, nobody's gonna cry over poor billionaires Nintendo having some info leaked, and that his release will also be supervised (meaning his total time before freedom is a decade), I think it's reasonable. The only serious charge here is the possession of child pornography, which is heinous but not the type of issue with no possibility for rehabilitation when you consider his age and no associated sex crimes.


IMO context is important. Considering his age when it happened it could very well be a case of having stuff from sexting and other home made videos and pictures high schools tend to do, and also tend to get in trouble for since that's regarded as distributing child pornography by the law. Or it could be more heinous like stuff he got from the darkweb. But that's assuming it was actually the real stuff and not just doujins of Pokemon girls or something which tend to be labeled as kiddy porn in mainstream news. That being said, the fact he was let off with a warning from actual FBI agents the first time and still went back to hacking was pretty dumb so it's hard to feel sorry for him.
Back to top
View user's profile Send private message
Psycho 101
Oscar the Grouch
Moderator


Joined: 14 Aug 2006
Posts: 15794
Location: Inn of the Last Home
PostPosted: Wed Dec 02, 2020 12:54 pm Reply with quote
Given the absolute serious nature of the topic (1/2 of it anyways) the mods will be watching this thread like a hawk. Keep it civil and tasteful. Trollish comments and disgusting cringy comments will not be tolerated. Only warning that will be given for this thread. Please keep it in line folks.
Back to top
View user's profile Send private message My Anime My Manga
maximilianjenus



Joined: 29 Apr 2013
Posts: 2363
PostPosted: Wed Dec 02, 2020 1:20 pm Reply with quote
Horsefellow wrote:
CatSword wrote:
If we consider the fact he's still a young adult, nobody's gonna cry over poor billionaires Nintendo having some info leaked, and that his release will also be supervised (meaning his total time before freedom is a decade), I think it's reasonable. The only serious charge here is the possession of child pornography, which is heinous but not the type of issue with no possibility for rehabilitation when you consider his age and no associated sex crimes.


IMO context is important. Considering his age when it happened it could very well be a case of having stuff from sexting and other home made videos and pictures high schools tend to do, and also tend to get in trouble for since that's regarded as distributing child pornography by the law. Or it could be more heinous like stuff he got from the darkweb. But thjat's assuming it was actually the real stuff and not just doujins of Pokemon girls or something which tend to be labeled as kiddy porn in mainstream news. That being said, the fact he was let off with a warning from actual FBI agents the first time and still went back to hacking was pretty dumb so it's hard to feel sorry for him.


Considering how light his senténce was ,i think ir was the former.
Back to top
View user's profile Send private message
octopodpie
ANN Executive Editor


Joined: 02 May 2011
Posts: 2103
Location: Washington State
PostPosted: Wed Dec 02, 2020 1:48 pm Reply with quote
Horsefellow wrote:
CatSword wrote:
If we consider the fact he's still a young adult, nobody's gonna cry over poor billionaires Nintendo having some info leaked, and that his release will also be supervised (meaning his total time before freedom is a decade), I think it's reasonable. The only serious charge here is the possession of child pornography, which is heinous but not the type of issue with no possibility for rehabilitation when you consider his age and no associated sex crimes.


IMO context is important. Considering his age when it happened it could very well be a case of having stuff from sexting and other home made videos and pictures high schools tend to do, and also tend to get in trouble for since that's regarded as distributing child pornography by the law. Or it could be more heinous like stuff he got from the darkweb. But that's assuming it was actually the real stuff and not just doujins of Pokemon girls or something which tend to be labeled as kiddy porn in mainstream news. That being said, the fact he was let off with a warning from actual FBI agents the first time and still went back to hacking was pretty dumb so it's hard to feel sorry for him.


You don't have to play Devil's Advocate for people who own chlld porn, especially if it hinges on "well unless I get to see it to prove it isn't just drawings." Sexual abuse image apologia is rancid, man.
Back to top
View user's profile Send private message Visit poster's website My Anime My Manga
Tempest
I Run this place.
ANN Publisher & CEO


Joined: 29 Dec 2001
Posts: 9932
Location: Do not message me for support.
PostPosted: Wed Dec 02, 2020 1:50 pm Reply with quote
CatSword wrote:

Hacker Gets Prison Sentence for Nintendo Information Leak

Free him-

Quote:
If we consider the fact he's still a young adult, nobody's gonna cry over poor billionaires Nintendo having some info leaked...


Keep in mind that on at least one occasion (when he was a minor), when he leaked the SDKs that he acquired, it is alleged that he added a remote access tool (ie: malware) to them[2]. So he wasn't just hacking Nintendo, he was also hacking anyone who downloaded his releases.

Kougeru wrote:
Not remotely "fair". Should be at least a decade


There was a plea deal. He plead guilty and in return prosecutors recommended a 3-year sentence. No idea what they would have asked for had the deal not been reached.

There's a lot we don't know about the nature of the material that the court and prosecutors did know about and may have taken into account.

For example:

How old were the minors depicted ?
Was the material produced by the minors themselves ?
Were the minors real people or virtual ?

Not suggesting that any of the above was a factor, but those are examples of things that could have lead to a lesser conviction.

The average conviction period for possession of child porn for first time offenders in the USA is 54 months[1], so Hernandez did indeed get a slightly lighter sentence (36 months). The DOJ press release doesn't specify how much of the conviction is for the hacking and how much is for possession.

The press release does note that he was "incarcerated at a Bureau of Prisons facility for inmates with cognitive challenges." So his cognitive challenges may have been cause for leniency.

The original indictment can be read here: https://www.scribd.com/document/445072726/Case-2-19-cr-00259-JCC (it doesn't include any more info afaics)

Earlier press release about his guilty plea: https://www.justice.gov/usao-wdwa/pr/california-man-who-hacked-nintendo-servers-steal-video-games-and-other-proprietary

1: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Child_Pornography_FY18.pdf
2: https://gbatemp.net/threads/warning-rat-in-ctr-sdk-11-s-ryan-leak.433161/


Last edited by Tempest on Thu Dec 03, 2020 10:36 am; edited 3 times in total
Back to top
View user's profile Send private message Send e-mail My Anime My Manga
Juno016



Joined: 09 Jan 2012
Posts: 2052
PostPosted: Wed Dec 02, 2020 3:21 pm Reply with quote
Tempest wrote:
[snip]


Thanks for the extra context and research fodder. Always helpful!

Most judges are pretty harsh regarding porn of minors, so I can't imagine his particular judge giving a lenient sentence without a reason. The best judges are ones that are as objective as humanly possible. Also, rash stupidity does (often) wane with age, so here's hoping he learns his lesson. I'd rather see him rehabilitated than locked away forever.
Back to top
View user's profile Send private message Send e-mail
StarfighterPegasus



Joined: 04 Oct 2013
Posts: 125
PostPosted: Wed Dec 02, 2020 10:26 pm Reply with quote
Nintendo did warn him and yet he made the conscious decision to keep hacking them so I have no sympathy for him. He is not some Robin Hood he is just a thorn in the side of Nintendo.

I know a lot of people don't like Nintendo's ham fisted tactics but seeing how Nintendo gave this guy a warning and the guy just straight up lied to them shows he isn't a hero cut from any cloth.

As for the CP charge, its none negotiable. I do like the whole anime thing and seeing how adult Anime Gacha games are allowed to operate in the States we can safely assume that this is the serious stuff.

I hope he can get the help he needs and learns his lesson.

Its really sad that he could have used his computer skills to get a good paying job but instead used his skills for ill.
Back to top
View user's profile Send private message
Psycho 101
Oscar the Grouch
Moderator


Joined: 14 Aug 2006
Posts: 15794
Location: Inn of the Last Home
PostPosted: Thu Dec 03, 2020 6:02 pm Reply with quote
Just as a point of reference as a former criminal justice major I would point out that often prosecutors make deals for lighter sentences to ensure there IS a sentence at all. To quote Jamie Foxx in Law Abiding Citizen, "It's not what you know, it's what you can prove." If any part of a possible trial seems weak often they will go for a lesser sentence. Otherwise they risk getting nothing and then double jeopardy applies to trying someone for the same crime. Given some of the possible facts of this case I can easily see where they might have felt there were weak spots and as part of a deal opted for a lesser sentence to get an admission of guilt. Not saying that is what happened, but it would make sense and is a possibility. Also not saying it's fair or right, but it's just how it is often.
Back to top
View user's profile Send private message My Anime My Manga
Display posts from previous:   
Reply to topic    Anime News Network Forum Index -> Site-related -> Talkback All times are GMT - 5 Hours
Page 1 of 1

 


Powered by phpBB © 2001, 2005 phpBB Group