9th Circuit: Keys’ guilty verdict and sentence to stand
The 9th US Circuit Court of Appeals rules (ruling) that it was not persuaded by arguments made by Keys’ defense attorney, saying that the damage went beyond the mere alteration, as Keys created new accounts, and there was a fervent effort to contain the defacement. Court:
Prior to Keys’s conduct, the CMS existed in a certain state of security. Keys made the CMS far weaker by taking and creating new user accounts. This manipulation of user accounts and login credentials (not Keys’s access) impaired the system.
Keys:
I am extremely disappointed in their decision. Until I have a chance to review their opinion, I will have no further comment.
Motion fails, must report to prison
The 9th US Circuit Court of Appeals announces that there is nothing novel about Keys’ conviction and that he is likely to lose on appeal. Therefore, the court rules (source), he should begin serving his time even while his appeal is pending.
Appellant has not shown that the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and that “if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed,” or a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
Not sure when I'll have to go in. I'll keep you all posted. Short of a presidential commutation, nothing else we can do.
— Matthew Keys (@MatthewKeysLive) July 22, 2016
Found guilty
A jury of 11 women and 1 man find Keys guilty on all three counts: conspiracy to commit computer hacking, transmission of malicious code causing unauthorized damage to a protected computer, and attempting to transmit malicious code to cause unauthorized damage to a protected computer. He faces a maximum of 25 years and will be sentenced on Jan 20, 2016. His lawyers say he will appeal. FBI:
This case demonstrates the FBI’s commitment to identify and investigate those who harass former employers by using insider knowledge to intentionally exploit computer systems—whether directly or by proxy—to damage the reputation and operations of a business. Individuals who use ‘bully’ tactics to attack computer networks will face justice for their actions.
Keys:
The government wanted to send a clear message that if you want to cover a group they don’t agree with, and you’re not complicit with them [the government], they will target you.
That was bullshit.
— Matthew Keys (@MatthewKeysLive) October 7, 2015