Man To Plead Guilty In Massive Celeb Nude Hack
Ryan Collins of Pennsylvania plans to plead guilty for stealing nude photos of celebrities including Jennifer Lawrence, Lea Michele, and Kirsten Dunst. Collins made a deal with the prosecutors that he will plead guilty to one felony for unauthorized access of a protected computer. Prosecutors say that he used a phishing scheme between 2012 and 2014 by sending emails requesting username and password information to his targets. Once he had that information, he was able to steal personal information such as entire content from iCloud accounts. Collins accessed at least 50 iCloud accounts and over 70 Gmail accounts, which mostly belonged to female celebrities. The photos eventually made their way onto the internet, where they quickly spread. Prosecutors believe that Collins stole the photos, but they haven't uncovered any evidence that links him to the actual leaks or that he uploaded the information he stole.
Assistant U.S. Attorney Ryan White said they used IP addresses to find Collins in September 2014, weeks after the photos appeared on the internet. Collins has not been taken into custody, but he does face a maximum of five years in prison and $250,000 in fines, plus potential restitution owed to the victims. As part of the deal with the prosecutors, they have agreed to recommend an 18 month sentence.
Comments from Allen:
Mr. Collins was the gateway hacker for what may be the largest celebrity photo hack in history. To walk away from this crime with one felony count and a maximum 18 month sentence is surprising and indicates the prosecution cannot prove Collins did more than illegally access the accounts.
The most unusual aspect of this sentencing may be restitution, the defendant being ordered to pay the victims what they lost. In a typical criminal case, a dollar amount of restitution is clear and the defendant agrees to pay it without contesting the amount. In Idaho, the courts have power to order restitution reflecting the loss to the victim as of the date of sentencing, with an occasional order for paying the costs of counseling for certain types of victims as long as counseling is warranted, even beyond the date of sentencing.
In this case, however, I expect a fierce argument concerning what items are appropriate for restitution. Criminal restitution is never to be a substitute for a civil suit, where past and future pain and suffering awards are appropriate. How much money in restitution is it appropriate to award Jennifer Lawrence for having her internet account hacked? Does Mr. Collins have to pay restitution for money lost as a result of naked selfies being distributed worldwide, when the prosecution can't prove he distributed them? Does he have to pay for a subscription to an internet security service like Lifelock to protect Ms. Lawrence from future hacks? Will Ms. Lawrence seek counseling for having to deal with having her private photos displayed for all to see? Was any of this information used to drain any of her financial accounts? If the answer to the latter question is "yes," restitution will certainly include those accounts.
The only clearly ascertainable restitution amount that comes to my mind is the cost of the forensic internet work required to determine who broke into the accounts; this could be in excess of $10,000.
The prison sentence will be determined by the Federal Sentencing Guidelines. Each defendant is given a score which determines his/her sentence, and that score is based upon the sentencing range for the charge itself, the defendant's prior criminal history, and various aggravating and mitigating factors. In some circumstances (probably not here), the defendant may ask for a "downward departure" if that score results in an excessive sentence.
Mr. Collins is a fortunate man; he could easily have been looking at much more time.
Mr. Collins was the gateway hacker for what may be the largest celebrity photo hack in history. To walk away from this crime with one felony count and a maximum 18 month sentence is surprising and indicates the prosecution cannot prove Collins did more than illegally access the accounts.
The most unusual aspect of this sentencing may be restitution, the defendant being ordered to pay the victims what they lost. In a typical criminal case, a dollar amount of restitution is clear and the defendant agrees to pay it without contesting the amount. In Idaho, the courts have power to order restitution reflecting the loss to the victim as of the date of sentencing, with an occasional order for paying the costs of counseling for certain types of victims as long as counseling is warranted, even beyond the date of sentencing.
In this case, however, I expect a fierce argument concerning what items are appropriate for restitution. Criminal restitution is never to be a substitute for a civil suit, where past and future pain and suffering awards are appropriate. How much money in restitution is it appropriate to award Jennifer Lawrence for having her internet account hacked? Does Mr. Collins have to pay restitution for money lost as a result of naked selfies being distributed worldwide, when the prosecution can't prove he distributed them? Does he have to pay for a subscription to an internet security service like Lifelock to protect Ms. Lawrence from future hacks? Will Ms. Lawrence seek counseling for having to deal with having her private photos displayed for all to see? Was any of this information used to drain any of her financial accounts? If the answer to the latter question is "yes," restitution will certainly include those accounts.
The only clearly ascertainable restitution amount that comes to my mind is the cost of the forensic internet work required to determine who broke into the accounts; this could be in excess of $10,000.
The prison sentence will be determined by the Federal Sentencing Guidelines. Each defendant is given a score which determines his/her sentence, and that score is based upon the sentencing range for the charge itself, the defendant's prior criminal history, and various aggravating and mitigating factors. In some circumstances (probably not here), the defendant may ask for a "downward departure" if that score results in an excessive sentence.
Mr. Collins is a fortunate man; he could easily have been looking at much more time.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
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