Isle sailor admits spyware crimes
By Ken Kobayashi
Advertiser Courts Writer
In 2003, Lance R. Minchew purchased a spyware program called "Loverspy" over the Internet and e-mailed a birthday greeting to his estranged wife.
When she opened the electronic greeting, she unknowingly installed the spyware on her computer. That enabled Minchew to learn of her passwords, e-mail messages, lists of visited Web sites and logs of what she typed into her computer.
Yesterday, Minchew pleaded guilty to a federal misdemeanor charge of obtaining unauthorized access to a computer and became the first person in Hawai'i prosecuted by the FBI and federal prosecutors for using the intrusive software.
"I didn't realize at the time that what I did was illegal," Minchew told U.S. Magistrate Kevin Chang. "But I admit I did it."
Minchew, 33, a Navy man, now faces a maximum one year in jail and a fine of $100,000 when he is sentenced July 5 by U.S. Magistrate Leslie Kobayashi. He was allowed to remain free on a $2,000 unsecured bond.
The case highlights a use of cyberspace that many might not know is illegal. Most Internet users are familiar with the widespread use of spyware, which often gets installed into computers without their knowledge and provides information to others about their computer habits for commercial purposes.
Assistant U.S. Attorney Larry Tong said he could not comment on the prevalence in Hawai'i of the more intrusive type of spyware such as "Loverspy" that invades the privacy rights of computer users by collecting specific information that could include credit-card numbers and other personal data.
But he said the best way users can deal with the problem is installing anti-spyware programs and keeping them up to date.
Minchew and his lawyer, assistant public defender Michael Weight, declined to comment as they left the courtroom.
Tong credited the FBI with cracking the case. He said it stems from an FBI investigation of a San Diego man who sold the "Loverspy" programs, which were marketed as a way to "catch a cheating lover" by sending spyware disguised as an electronic greeting card.
The FBI obtained a list of the San Diego man's customers, and agents here obtained a search warrant and seized computer files and equipment from Minchew's Pua'ali'i Street home in 'Aiea last March, according to court documents.
As part of his plea agreement, Minchew admitted he used "Loverspy" to obtain communications from his estranged wife's computer from September 2003 until March 2004.
Tong said federal prosecutors could have sought a more serious felony charge alleging the unlawful interception of electronic communications, but they offered the plea agreement because Minchew immediately accepted responsibility for his actions and because of his military service.
"He's been a valued member of the U.S. Navy," Tong said.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
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| Tips to guard computer data
The Federal Trade Commission recommends these steps to protect your computer privacy. Use anti-virus software. A computer virus can result in lost data or require costly repairs to your system. You can avoid these risks by installing and using software that scans your computer and your incoming e-mail for viruses, and then deletes them. Regularly update anti-virus software. To be effective, anti-virus software must be updated routinely with antidotes to the latest "bugs" circulating through the Internet. Don't fall for a fibbing e-mail. Most viruses won't damage your computer unless you open the e-mail attachment that includes the virus. So hackers — people who use the Internet to access computers without permission — often lie to get you to open the attachments. Use strong passwords. Hackers may try to steal your passwords to gain access to the personal information stored on your computer. To make it tougher for them, use passwords that have at least eight characters and include numbers or symbols. Take advantage of your software's security features. Chances are your Web browser and operating system software give you options for increasing your online security. Check the "tools" or "options" menus for built-in security features. You probably have several choices for what types of files you want to accept from other computers. Back up important files. If you have important files stored on your computer, copy them onto a removable disk, then store the disk in a safe place. If your computer is infected, take action immediately. If your computer has been hacked or infected by a virus, disconnect from the Internet right away. Then scan your entire computer with fully updated anti-virus software. Report serious incidents. If you think you've been hacked or infected by a virus, e-mail a report of the incident to your Internet provider and the hacker's provider (if you can tell what it is). Often the ISP's e-mail address is abuse@yourispname.com or postmaster@yourispname.com. For more information, visit www.ftc.gov, or call toll-free, (877) 382-4357; TTY: (866) 653-4261. |
