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The Sarah Palin email hack occurred on September 16, 2008, during the
2008 United States presidential election Presidential elections were held in the United States on November 4, 2008. The Democratic ticket of Barack Obama, the junior senator from Illinois, and Joe Biden, the senior senator from Delaware, defeated the Republican ticket of John Mc ...
campaign when vice presidential candidate Sarah Palin's personal
Yahoo! Yahoo (, styled yahoo''!'' in its logo) is an American web portal that provides the search engine Yahoo Search and related services including My Yahoo, Yahoo Mail, Yahoo News, Yahoo Finance, Yahoo Sports, y!entertainment, yahoo!life, and its a ...
email account was subjected to unauthorized access. The
hacker A hacker is a person skilled in information technology who achieves goals and solves problems by non-standard means. The term has become associated in popular culture with a security hackersomeone with knowledge of bug (computing), bugs or exp ...
, David Kernell, obtained access to Palin's account by looking up biographical details, such as her high school and birthdate, and using Yahoo!'s account recovery for forgotten passwords. Kernell then posted several pages of Palin's email on 4chan's /b/ board. Kernell, who at the time of the offense was a 20-year-old college student, was the son of longtime Democratic state representative Mike Kernell of Memphis. Kernell was charged in October 2008 in federal court. After he was led into the court in leg irons and
handcuffs Handcuffs are Physical restraint, restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a Link chain, chain, a hinge, or rigid bar. Each cuff has a rotating arm whi ...
, the judge released him on his own recognizance, pending trial. The incident was ultimately prosecuted in a U.S. federal court as four
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
crimes punishable by up to 50 years in federal prison. The charges were three felonies:
identity theft Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. ...
, wire fraud, and anticipatory obstruction of justice; and one optional as felony or misdemeanor: intentionally accessing an account without authorization. Kernell pleaded not guilty to all counts. A jury trial, featuring testimony of Sarah and
Bristol Palin Bristol Sheeran Marie Palin (born October 18, 1990) is an American public speaker and reality television personality. She is the oldest daughter and second of five children of Todd Palin, Todd and Sarah Palin. Palin competed in the fall 2010 se ...
, as well as of 4chan founder Christopher Poole, began on April 20, 2010. The jury found Kernell guilty on two counts: the felony of anticipatory obstruction of justice and the misdemeanor of unauthorized access to a computer. On her
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
page, Sarah Palin stated that she and her family were thankful the jury had rendered a just verdict. Kernell was sentenced on November 12, 2010, to one year plus a day in federal custody, followed by three years of supervised release. The sentencing judge recommended that the custody be served in a halfway house, but the
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a Federal law enforcement in the United States, federal law enforcement agency of the United States Department of Justice that is responsible for all List of United States federal prisons, federal prisons ...
sent him instead to a minimum security prison. He was released on November 23, 2011. In January 2012, the United States Court of Appeals for the Sixth Circuit found Kernell's awareness of a possible future FBI investigation was enough to uphold a conviction on obstruction of justice.


Incident

Shortly after midnight on September 16, 2008, the private Yahoo! Mail account of Sarah Palin was cracked by a 4chan user. The hacker, known as "Rubico", claimed he had read Palin's personal e-mails because he was looking for something that "would derail her campaign." After reading through Palin's emails, Rubico wrote, "There was nothing there, nothing incriminating — all I saw was personal stuff, some clerical stuff from when she was governor." Rubico wrote that he used the Sarah Palin
Wikipedia Wikipedia is a free content, free Online content, online encyclopedia that is written and maintained by a community of volunteers, known as Wikipedians, through open collaboration and the wiki software MediaWiki. Founded by Jimmy Wales and La ...
article to find Palin's birth date (one of the standard security questions used by Yahoo!) in "15 seconds." The hacker posted the account's password on /b/, an image board on 4chan, and
screenshot A screenshot (also known as screen capture or screen grab) is an analog or digital image that shows the contents of a computer display. A screenshot is created by a (film) camera shooting the screen or the operating system An operating sys ...
s from within the account to
WikiLeaks WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
. A /b/ user then logged in and changed the password, posting a screenshot of his sending an email to a friend of Palin's informing her of the new password on the /b/ thread. This man was criticized heavily by the /b/ community, for being a " white knight". However, he did not blank out the password in the screenshot. A multitude of /b/ users then attempted to log in with the new password, and the account was automatically locked out by Yahoo!. The incident was criticized by some /b/ users, one of whom complained that "seriously, /b/. We could have changed history and failed, epically." The hacker admitted he was worried about being caught, writing "Yes I was behind a proxy, only one, if this sh*t ever got to the FBI I was f**ked, I panicked, I still wanted the stuff out there ... so I posted the nformation... and then promptly deleted everything, and unplugged my internet and just sat there in a comatose state." The hacker left behind traces of his activity. His IP address was logged at the proxy he used, CTunnel.com, and he also left his email address while posting to 4chan. Furthermore, the attacker revealed the original web address used by the proxy by leaving this information in the screenshot which according to experts can also help the investigation. 4chan's /b/ board is not archived, and posts are only retained for a short time. However, with the great interest surrounding the posts of Rubico, many, including the magazine ''Wired'', archived the original posts. The email address left behind was then connected to David Kernell through various social networking profiles where it was used, though no official investigation took place at this time.


Campaign response

John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American statesman and United States Navy, naval officer who represented the Arizona, state of Arizona in United States Congress, Congress for over 35 years, first as ...
's campaign condemned the incident, saying it was a "shocking invasion of the governor's privacy and a violation of law".
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
's spokesman Bill Burton called the hacking "outrageous".


Federal investigation

The
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
and Secret Service began investigating the incident and on September 20, it was revealed that they were questioning David Kernell, a 20-year-old economics student at the
University of Tennessee The University of Tennessee, Knoxville (or The University of Tennessee; UT; UT Knoxville; or colloquially UTK or Tennessee) is a Public university, public Land-grant university, land-grant research university in Knoxville, Tennessee, United St ...
and the son of Democratic Tennessee State Representative Mike Kernell from Memphis. The handle used by the hacker when making his post at 4chan pointed to him, although this evidence was inconclusive because of the frequent pranks pulled at that board. The hacker's proxy service provided its logs, which pointed to Kernell's residence. FBI agents served a federal search warrant at David Kernell's apartment in Knoxville. Agents spent two hours taking pictures of everything inside his apartment. Kernell's three roommates were also subpoenaed and expected to testify the following week in
Chattanooga Chattanooga ( ) is a city in Hamilton County, Tennessee, United States, and its county seat. It is located along the Tennessee River and borders Georgia (U.S. state), Georgia to the south. With a population of 181,099 in 2020, it is Tennessee ...
. The obstruction of justice charge stems from an allegation by the FBI that Kernell attempted to erase evidence of the crime from his hard drive. Kernell's father told ''
Wired Wired may refer to: Arts, entertainment, and media Music * ''Wired'' (Jeff Beck album), 1976 * ''Wired'' (Hugh Cornwell album), 1993 * ''Wired'' (Mallory Knox album), 2017 * "Wired", a song by Prism from their album '' Beat Street'' * "Wired ...
'' that he was aware that his son was a suspect, but he did not ask him anything about it over concerns that he may have to testify in court.


Indictment

A second federal grand jury in Knoxville returned an indictment of Kernell on October 7, 2008. He was charged with violating and , or unlawful access to stored communications and intentionally accessing a computer without authorization across state lines, respectively. Kernell turned himself in the next day. Kernell pleaded not guilty. The court released Kernell on his own recognizance.


Trial

In October 2008, Kernell was brought into court in handcuffs and ankle shackles to plead not guilty to the hacking and was released on bond. The case went to trial eighteen months later, on April 20, 2010. On April 23, Sarah Palin testified for 44 minutes. Her daughter, Bristol, testified as well. Following the conclusion of testimony, Sarah said, "I think there need to be consequences for bad behavior."Accounts differ as Sarah Palin e-mail hacking case is sent to court in Knoxville
''
Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'', April 24, 2010. Retrieved February 10, 2018.


Verdict and sentence

On April 30, 2010, David Kernell was found guilty on two of four counts: the
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
of anticipatory obstruction of justice by destruction of records and found for the lower
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
option of unauthorized access to a computer. The
jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
acquitted him of the charge of wire fraud. It was deadlocked on identity theft charge, so the judge declared a mistrial on that charge. In response, Palin issued a press release comparing the case to Watergate. Sarah Palin said the family was "thankful that the jury thoroughly and carefully weighed the evidence and issued a just verdict." The prosecutor, Assistant U.S. Attorney Greg Weddle, who had sought an 18-month prison sentence for Kernell, promised a retrial on the identity theft charge should he be successful in his attempt at receiving a new trial. In November 2010, Kernell was sentenced to a year and a day of prison, preferably to be served in a halfway house, plus three years of probation, by U.S. District Judge
Thomas Phillips Thomas Phillips (18 October 1770 – 20 April 1845) was a leading English portrait and subject painter. He painted many of the notable men of the day including scientists, artists, writers, poets and explorers. Life and work Phillips was bor ...
, though he noted the Federal Bureau of Prisons (BOP) could override his recommendations. However, the BOP, which makes the ultimate determination as to where federal prisoners serve their sentence, assigned Kernell to the minimum security prison at the Federal Correctional Institution, Ashland near Ashland,
Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
. Jose Santana, the chief of the BOP's Designation and Sentence Computation Center, said that halfway houses are for convicts who have limited skills and/or limited support from their families. Because Kernell had the support of his family and had attended a university for three years, Santana argued that he does not need to be in a halfway house. Kernell was later relocated to a halfway house.


Perpetrator

David Christopher Kernell was the son of longtime Democratic state representative Mike Kernell of Memphis. Kernell won the Tennessee Open Scholastic Chess Championship in 2004, and graduated in 2006 from Germantown High School. After release from BOP custody, he returned to the University of Tennessee, Knoxville to finish an economics degree. He first volunteered his programming skills to Tennessee Voices for Children, a child advocacy nonprofit group. Diagnosed with
multiple sclerosis Multiple sclerosis (MS) is an autoimmune disease resulting in damage to myelinthe insulating covers of nerve cellsin the brain and spinal cord. As a demyelinating disease, MS disrupts the nervous system's ability to Action potential, transmit ...
(MS) in 2014, Kernell participated in clinical research trials at the Cedars-Sinai Neurosciences Research Center in Los Angeles to help develop cures and treatments for other victims of MS. After moving to California, he developed facial recognition software that could identify children at risk of abuse. Kernell died on February 2, 2018, in
Newport Beach, California Newport Beach is a coastal city of about 85,000 in southern Orange County, California, United States. Located about southeast of downtown Los Angeles, Newport Beach is known for its sandy beaches. The city's harbor once supported maritime indu ...
, at the age of 30, from complications related to progressive MS.Tennessee man who famously hacked Sarah Palin’s Yahoo email account in 2008 is dead
'' Commercial Appeal'', Ryan Poe, February 9, 2018.


See also

* List of material published by WikiLeaks * Timeline of events associated with Anonymous * Email privacy


References


External links


Court testimony by 4chan's founder and former administrator "moot"
{{DEFAULTSORT:Sarah Palin email hack Email hack Privacy of telecommunications Yahoo! Mail Privacy in the United States Hacking of Yahoo! Email hacking 4chan September 2008 crimes in the United States Hacking in the 2000s