Name: COVID-19 data whistleblower could face up to 5 years in prison if charged with cybercrime
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COVID-19 data whistleblower could face up to 5 years in prison if charged with cybercrime

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AdvertisementBy South Florida Sun-SentinelDec 09, 2020 at 7:02 pmThe state law used to justify at the home of a COVID-19 whistleblower suspected of accessing a Florida emergency messaging system without permission carries a stiff penalty: Up to five years in prison.That means Rebekah Jones, the Florida Department of Health data scientist fired in May for alleged insubordination, may be in significant legal peril should prosecutors decide to press third-degree felony charges.Advertisement“If they get her on the third degree she could get up to five years.” said Aldo Leiva, an attorney with Baker Donelson who specializes in cybersecurity and data privacy law. Leiva also said that Jones could face a much longer penalty — up to 15 years — if prosecutors proved she somehow disrupted the state’s systems or committed other aggravating offenses.The state’s probe involves an unauthorized message that was sent to about 1,750 people on Nov. 10 through an emergency-alert system. The message read, “It’s time to speak up before another 17,000 people are dead. You know this is wrong. You don’t have to be a part of this. Be a hero. Speak out before it’s too late.”AdvertisementAt that time, 17,460 coronavirus deaths had been recorded in Florida.Jones has denied sending the messages, and she hasn’t been charged with a crime. It’s not clear if she will be. The state attorney of Leon County did not respond to a request for comment.Court records show investigators at the Florida Department of Law Enforcement successfully argued to a judge on Dec. 3 that there was probable cause to believe she had violated Florida Statute 815.06(2)(a), which makes it a third-degree felony to access computer systems without authorization. Leiva says that those who break the law can also be fined $5,000 and charged for court fees, in addition to serving prison time.But some legal experts think the state would be hard-pressed going after her in the courts.“Could they prosecute her for unauthorized access and use of computer systems? Yes, they certainly could,” said Robert Jarvis, professor of law at Nova Southeastern University. But Jarvis thinks she could have a strong defense, arguing that her actions were in the public interest, given the secrecy and spin carried out by public officials.Democratic politicians and celebrities, including the actor Edward Norton, rushed to Jones’ defense on social media. She has already raised more than $150,000 for her legal defense fund.Reaction to the raid broke down mostly on party lines with Jones’ defenders accusing Gov. Ron DeSantis of orchestrating the raid to silence Jones’ criticism of his handling of the pandemic.The Republican governor has not directly addressed the raid, but Fred Piccolo, his spokesman, said DeSantis was not involved.Advertisement“The governor had no knowledge of the investigation or search warrant,” he said on Tuesday. “He found out about it at 5 p.m. yesterday, just like everybody else.”Officials with the Florida Department of Law Enforcement have defended the investigation, saying agents showed restraint in executing the warrant.“The governor’s office was not involved in the investigation,” said Gretl Plessinger, an FDLE spokeswoman. “The original complaint came from Department of Health. We obtained a subpoena from the internet service provider which provided us the address from where the message was sent. From there we obtained a legal search warrant, with approval of the special agent supervisor, prosecutor and judge.”Agents removed Jones’ phone and computer equipment, which she worries will be used to intimidate other health department workers who reached out to her with their own concerns about how the state is handling the pandemic.The raid has created a political firestorm for DeSantis and his administration.Agriculture Commissioner Nikki Fried, a Democrat, criticized FDLE’s actions during the raid, particularly for drawing weapons when two of Jones’ children were in the home.Advertisement“Like most of you, I was shocked at what I saw on today’s video from [Rebekah Jones],” Fried posted to Twitter late Monday. “Knowing that children were in the home, police should have exercised extreme caution. I’ve spoken with [FDLE] this evening to get to the bottom of this situation and understand the facts.”Ron Filipkowski, a Sarasota attorney and a lifelong Republican who backed Democratic president-elect Joe Biden, quit the 12th Judicial Circuit Nominating Commission on Tuesday, saying he couldn’t serve on the panel in light of DeSantis’ handling of the coronavirus pandemic and the raid of Jones’ home.Much of the anger on social media was directed at the video of officers drawing their weapons inside Jones’ home. Jones hung up on agents, ignored another seven phone calls and took about 20 minutes to open the door, Plessinger said.Some legal experts have also questioned the nature and timing of the raid.“The warrant seems to lay out a level of probable cause that’s often approved by judges, but the way they went about it certainly becomes the story itself,” said Gerald Greenberg, a former federal prosecutor and now a partner at Gelber Schachter &amp; Greenberg, PA.Palm Beach County State Attorney Dave Aronberg, a Democrat, said the FDLE’s raid didn’t match the alleged crime.Advertisement“It’s unusual to raid a home [of someone] who is accused of a low-level, nonviolent, third-degree felony,” Aronberg said. “You can see someone’s house being raided if there’s data theft or extortion, but none of that is being alleged. She is alleged to have sent a message to a group chat.”Stuart Kaplan, a former FBI agent and criminal defense lawyer based in Palm Beach County, questioned why the agents drew their weapons, given that Jones wasn’t accused of a violent crime and hadn’t threatened the police.“It is overdone,” he said. “It is excessive. Poor preparation. Just all around poor planning on the law enforcement side. They had to have known children were in the house. There are other ways to deal with it. I would have tried to be more tactful and delicate and understand the impact this could have on small children.”But Joe Giacalone, a retired New York City Police Department sergeant and professor at John Jay College of Criminal Justice, said he thinks the agents acted appropriately.Twice-weeklyA lunch-hour look at what's trending in Florida politics. &gt; “Going into someone’s home, there is a sense of danger,” he said. “Florida is a state with a lot of guns. You have to remember officer safety, too. If anything, they wasted too much time going in as far as I am concerned.”Jones was fired from the Department of Health in May. She has accusing the state of firing her because .AdvertisementShe maintains her own website, where she posts COVID-19 statistics based on the state’s data.Despite the legal problems she is facing, Jones has vowed to continue her work.She tweeted Tuesday she is working on setting up new computers.“[T]hank you to everyone for the support and love,” she wrote. “I continue to be amazed not by the depravity of our leaders, but by the strength of our community.”Orlando Sentinel staff writer Gray Rohrer contributed to this report. Advertisement

AdvertisementBy South Florida Sun-SentinelDec 09, 2020 at 7:02 pmThe state law used to justify at the home of a COVID-19 whistleblower suspected of accessing a Florida emergency messaging system without permission carries a stiff penalty: Up to five years in prison.That means Rebekah Jones, the Florida Department of Health data scientist fired in May for alleged insubordination, may be in significant legal peril should prosecutors decide to press third-degree felony charges.Advertisement“If they get her on the third degree she could get up to five years.” said Aldo Leiva, an attorney with...

COVID-19 data whistleblower could face up to 5 years in prison if charged with cybercrime

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