Posted on 04/30/2010 12:21:13 PM PDT by SmithL
If I could gamble righteously, I’d bet you he will not spend one day in jail.
No. Do a google. The lesser charge is 5 year max, other is 20 year max.
To my mind, the term "identity theft" implies that one is doing something which could only be legitimately done by the person whose identity is stolen. If an action could legitimately be done by someone else, it is not identity theft.
If someone steals my house keys and then illegitimately enters my house, for example, that's not identity theft. I could authorize anyone to enter my house, and even change the locks. Someone who enters my house with a stolen key may be falsely convincing the lock that they have my permission to enter, but that's not the same thing as pretending to be me.
On the other hand, if someone applies for a credit card in my name, such a person would be falsely pretending to be me. Such a person couldn't merely be pretending to have my permission, since I couldn't legitimately grant such permission even if I wanted to. The only way the credit card company would accept the application would be if they believed that the application was signed by me personally.
Given the frequency with which people exchange computer account passwords for various reasons, the fact that a particular account is logged in does not imply that the holder of the account was at the keyboard. Indeed, given that people often have their computers configured to retrieve mail automatically, there often would in fact be nobody at the keyboard when a an email login is received.
I think the crook in this case should have a piano dropped on his head, but I really don't think "identity theft" is the right charge.
I have not read anywhere that he had apologized to the Palin`s? Perhaps I missed it?
I think 2 years federal Prison might be fair, I am talking 24 full months in Federal prison.
You maybe correct about the count three finding:
From another article:
http://www.freerepublic.com/focus/news/2504205/posts?
At sentencing, Kernell faces a maximum of one year in prison and a $100,000 fine for unauthorized access and 20 years in prison and a $250,000 fine for obstruction of justice.
I think he can be retried on the charge wherein the jury fails to reach a verdict.
Hopefully, if he receives a serious sentence, it won’t be necessary to retry him on that charge.
I will pray tonight and know that you’re praying too.
Blessings, my friend!!
Here are a series of FReeper articles on the E-mail Hacker, David Kernell and Sarah Palin ...
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