Too digging through Google can be cause of judicial sanction. Olivier Lorelli, aka bluetouff, blogger recognized in the field of computer security, co-founder of the site Reflets.info, actually bitter experience. The specialist sees indeed his conviction for “keeping fraudulent” in the system and “flying” documents confirmed by the Court of Cassation, reveals Le Parisien.
Background. In 2012 bluetouff had found by chance “extranet server
the National Agency for the Safety of Food,
Environment and Labour (Anses) used by researchers to
store and share their working papers. Instead of being protected
by a username and password, as they should be,
these data, indexed on Google, were accessible without any
piracy. “
blogger then downloads these 8,000 internal documents on
public health data. He published an article later on
nanoparticles that uses a tiny part of these documents, which alerts the Anses,
which launches the police on the case. The DCRI identifies the blogger,
and ensue a search of his home, his seizure
computer equipment and custody 30 hours. Just that.
Olivier Laurelli is almost logically acquitted at trial. In April 2013, the judges consider that there was no hacking to access documents (story by the interested party)
“It is not disputed by ANSES that a technical failure
existed in the system and Olivier Laurelli was able to recover
all documents without any type of “hacking” ”
they wrote.
ANSES also does not appeal,
unlike the prosecution that does not digest this release. Bad pick for bluetouff, the second
trial last December, opposed the pseudo-pirate judges
obviously very far from mastering the subject.
Mediapart journalist reports that “the magistrate presiding over
recall the facts seemed not even know Google, delivered at the
French “gogleu” nor what it means to a “login”, pronounced
“Lojin”. Difficult in these conditions, it is to explain
actually possible to fall on the working papers by
simple search … [...] “You do not care whether you
go kill the whole planet? “indignant and then as a magistrate
the accused has just explained to him that these documents were,
obviously not confidential. “
If the judges relax the blogger count of” unauthorized access “, he nevertheless condemned to a fine of 3,000 euros for” maintenance
fraud in an automated data processing system “and”
theft “of documents. Moreover, this punishment will be on his locker
. Judicial
Olivier Laurelli and his lawyer, Olivier Iteanu, then decided to lodge an appeal, appeal dismissed: the conviction is confirmed. Denouncing a “real scandal”, the blogger’s lawyer, told our colleagues that it intends to appeal to the European Court of Human Rights. According to him, it “charged” to his client written “involving companies and French services.”
The fact that no hacking has been done has not moved the court remember that the judge only the form, not the substance of the proceedings. Rest confirmed that this conviction is very bad news for whistleblowers.
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