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P. 3d 1128 Case Study

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Destiny Croft LEGA 204 Professor Gonzales 8 March 2016 Brief #8 State v. Schwartz, 21 P.3d 1128 (Ore. Ct. App. 1999) Procedural History Randall Lee Schwartz was charged with three counts of computer crime and theft after illegally obtaining Intel passwords and password files via a password cracker program. Schwartz appealed, arguing that the charge was invalid because he had not truly "stolen" anything in the traditional sense. Schwartz claims his copying the password file did not constitute a theft and that it could not be shown he copied the file with the intent to completely deprive Intel of its possession and use. Furthermore, Schwartz disputes he had not deprived Intel or its employees of the password usage as they were still …show more content…

Due to the fact he was no longer employed under this department, Defendant was no longer privy to access sensitive SSD data, including passwords. Defendant continued to work for Intel as a private contractor and used a gate program to access an Intel computer from remote locations for e-mail purposes. Schwartz was warned to cease his use of gate programs twice; he argued after the first warning his alterations to the program made it secure but an administrator reminded him his usage of the program violated company policy. Shortly after, Defendant downloaded the password-cracking program “Crack” and ran it on several Intel computers before finding the log-in information for authorized user Ron B. Defendant used this information to log into the authorized user’s computer. Defendant copied the SSD password file from that computer onto another one, where he ran the Crack program to obtain the passwords of 35 more SSD users. Defendant believed if he could expose the flaws in the company’s security then he could regain his lost reputation. Upon returning from teaching classes in California, Defendant ran Crack on the SSD file once more on a superior personal computer. His activity was detected by another Intel administrator who—with other administrators—contacted the

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