Password ruling blow to accused hacker

By PETER GRIFFIN

Accused hacker Andrew Garrett's best hope for a favourable outcome to his looming trial has been dealt a blow, a district court judge ruling that a computer program and password could be classed as a document under the Crimes Act.

The ruling strengthens the Crown's case against Garrett, who is charged with multiple counts of fraud and forgery for allegedly using passwords obtained from customers of Telecom's internet service provider, Xtra, to gain free internet access.

It also follows a failed Appeal Court bid by convicted hacker Borislav Misic to overturn his own conviction, which rested on a computer disk being classed as a document.

Handing down his decision in the Manukau District Court on Friday, Judge David Harvey agreed with the Crown's argument that because the password information allegedly obtained by Garrett via a Trojan Horse virus was retained upon a computer hard drive, the password was part of a document.

At the crux at the trial, however, will be the issue of whether Garrett intended to use the passwords fraudulently, something he has always denied.

"I am of the view that there is evidence that the purpose for obtaining the information sought by the accused was for a privilege or benefit or advantage. . .," Judge Harvey ruled.

But he conceded that it would be up to a jury to decide whether Garrett had undertaken the actions for his own benefit.

Garrett has always maintained he obtained the passwords to highlight his frustration over Telecom's cutting off of his phone lines when he was running an internet service in 1997 called The Hive.

In November 1998, he gave the Herald samples of 200 hacked passwords from Xtra, Clear and other internet providers, part of a process, he claimed, to show that such providers were not paying enough attention to the security of their networks.