Federal Defense Attorney John Teakell

Vice Presidential hopeful, Governor Sarah Palin, was the victim of a recent hacker attack into her personal Yahoo email account where the emails were posted on a website for all to see. According to federal officials, the attack was carried out by David Christopher Kernell, who is a University of Tennessee economics major and also the son of Tennessee Representative Mike Kernell. Kernell was indicted on October 8, 2008, in the United States District Court for the Eastern District of Tennessee for Unlawful access to stored communications in violation of 18 U.S.C. §2701. The statute reads in pertinent part:

“anyone who…intentionally accesses without authorization … an electronic communication service …and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished…”

A Childish Prank or a Malicious Attack?

The FBI tracked down Kernell after he posted screenshots to the website Wikileaks, which supposedly provides anonymity to those who post documents wishing to reveal unethical behavior of government officials. According to news reports, Kernell left behind a trail by using a proxy service to access Palin’s account and then post the images. After discovering Palin’s information online, the FBI contacted the owner of the proxy service, Gabriel Ramuglia, who provided the information that allowed them to track down Kernell. FBI agents later searched an apartment linked to Kernell and seized computer equipment that they believe was used in the hacking attack.

Kernell Surrenders to Authorities

After receiving news of the indictment Kernell turned himself into federal authorities. He then appeared for a detention hearing before United States Magistrate Judge C. Clifford Shirley. Kernell was granted bond and as part of the conditions of his release Judge Shirley imposed the following restrictions on Kernell:

• A ban on owning a computer.
• Restriction of Internet use to e-mail and college coursework only.
• No contact with Gov. Palin or her family
• No travel outside eastern Tennessee without approval from a probation officer.

Trial is set for Dec. 16. If convicted of the offense Kernell faces a maximum of five years in prison, a $250,000 fine and a three-year term of supervised release.