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Hacker Could Keep Money from Insider Trading 152

Reservoir Hill brings us a New York Times story about a man who will be allowed to keep the money he gained through hacking into a computer system in order to gain early access to a company's earnings statement. From the Times: "On Oct. 17, 2007, someone hacked into a computer system that had information on an earnings announcement to be made by IMS Health a few hours later. Minutes after the breach of computer security, Mr. Dorozhko invested $41,671 in put options that would expire worthless three days later unless IMS shares plunged before that. The next morning the share price did plunge, and Mr. Dorozhko made his money by selling the puts. 'Dorozhko's alleged "stealing and trading" or "hacking and trading" does not amount to a violation' of securities laws, Judge Naomi Reice Buchwald of United States District Court ruled last month. Although he may have broken laws by stealing the information, the judge concluded, 'Dorozhko did not breach any fiduciary or similar duty "in connection with" the purchase or sale of a security.' She ordered the S.E.C. to let him have his profits."
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Hacker Could Keep Money from Insider Trading

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  • by Alain Williams ( 2972 ) <addw@phcomp.co.uk> on Sunday February 17, 2008 @09:31AM (#22452714) Homepage
    Suppose I work for large corporate X, I know that the shares will move, so I tell my mate how to crack a machine to find something to support that view, he does so & invests appropriately and if caught just says he hacked a machine.

    If he were to say that I told him, them we would have the book thrown at us ... but if he cracks a machine then all is OK

    Stupid!

  • by pipatron ( 966506 ) <pipatron@gmail.com> on Sunday February 17, 2008 @09:43AM (#22452784) Homepage

    I got it! I got it! Neuromancer, William Gibson, 1984!

    Where's my prize?

  • by debrain ( 29228 ) on Sunday February 17, 2008 @09:56AM (#22452852) Journal

    If he were to say that I told him, them we would have the book thrown at us ... but if he cracks a machine then all is OK
    Negatory - the ruling is that if you do not have insider information and hack into it, you are not in breach of any fiduciary duty, and therefore not subject to the penalties that insider traders are (whom are an especially heinous group of people, and whom we particularly want to deter by excess punishment).

    If a mate hacks a machine based on insider information, both the informant and the hacker are breaching a fiduciary duty. They're more likely to get useful information, and more likely to cause serious harm to the financial system. In my opinion, we want to deter hacking based on insider information more than random hacking.

    That's not to say the fellow should get to keep the money. That will only serve to encourage random hacking pointedly in the absence of (traceable) insider information. However, trading on insider information should result in more significant consequences.
  • by rjhubs ( 929158 ) on Sunday February 17, 2008 @09:59AM (#22452866)
    I disagree. This ruling is very confusing to me. He traded with insider information which makes him guilty under a clause in US law called the Misappropriation theory [wikipedia.org]

    anyone who misappropriates (steals) information from their employer and trades on that information in any stock (not just the employer's stock) is guilty of insider trading
    Can anyone explain why this wasn't the case?
  • Troll? (Score:5, Insightful)

    by an.echte.trilingue ( 1063180 ) on Sunday February 17, 2008 @10:00AM (#22452878) Homepage
    I have some karma to burn, so I am going to go off topic / troll here.

    Will whoever modded the parent a troll please share his or her logic? I will admit that it is not brilliant, so offtopic, maybe, overrated, maybe, but troll? That's just an insult. Personally, I am happy to see a first post that is not an AC "fp bitches!" and I think the effort should be rewarded.

    I meta moderate about every other day, and I almost always rate the troll mods as "unfair". I don't know if this has any effect, but just so you know.
  • by PeterBrett ( 780946 ) on Sunday February 17, 2008 @10:04AM (#22452900) Homepage

    I disagree. This ruling is very confusing to me. He traded with insider information which makes him guilty under a clause in US law called the Misappropriation theory [wikipedia.org]

    anyone who misappropriates (steals) information from their employer and trades on that information in any stock (not just the employer's stock) is guilty of insider trading
    Can anyone explain why this wasn't the case?

    You said it yourself, as highlighted above.

  • by evanbd ( 210358 ) on Sunday February 17, 2008 @10:05AM (#22452908)

    That this is actually quite appropriate. Since he didn't have any fiduciary duty, the SEC shouldn't take his money away. That said, since it's profit from an illegal act, I would hope that the money would be taken away -- if and when he is convicted for the crime of stealing the data.

    Too often in this country we seem to be throwing every law available at people and making up new ones to go with them, when the acts we're trying to punish are already illegal. If he didn't break securities laws, he shouldn't be punished under them. Since he did (we assume, but it hasn't yet been proven) break unauthorized access laws, he should be punished under those.

    We don't need more laws against things that are already illegal, and we don't need to make a mockery of existing laws by applying them to things they don't apply to. On a related note, why do we need separate "identity theft" and "atm card fraud" laws, when anyone being charged with them is already also being charged with uttering false instruments and fraud? Our legal code needs to be smaller and simpler; making it so would make it more effective and efficient, not less.

  • by Anonymous Coward on Sunday February 17, 2008 @10:08AM (#22452926)
    Though the cracker may be able to keep his profits, it may not be for long, depending on what other laws apply. A law may apply that prevents profiting as a result of criminal activity. He is still likely to be charged and found guilty of crimes that won't allow him to keep the money.
  • by CajunArson ( 465943 ) on Sunday February 17, 2008 @10:57AM (#22453264) Journal
    If he got the information from the employee or from any other fiduciary of the company, that would be considered insider-trading under the "tipper" - "tippee" theory. The tipper has to be some insider (usually an employee) who gives information to the tippee (an outsider who would normally not be subject to insider trading rules). The main requirements IIRC are that the tippee actually has to know that the information is insider (non-publicly known) info, and know that the tipper is breaching his fiduciary duty in disclosing the information. This is a form of classical insider trading, as opposed to misappropriation theory that the Gov. was probably trying to pin on the defendant in this case.
  • by Flavio ( 12072 ) on Sunday February 17, 2008 @12:29PM (#22453792)
    If the put option expires and the price is >= $90, then he loses money, because he now has to buy the stock for the "seller" of the put option for more than he payed for the contract.

    He only loses the money he paid for the contract. In this case he'll just let the option expire and not exercise it. This is an OPTION, so he's not obligated to sell for $90.
  • Re:Troll? (Score:5, Insightful)

    by Main Gauche ( 881147 ) on Sunday February 17, 2008 @01:11PM (#22454126)

    "Will whoever modded the parent a troll please share his or her logic?"

    I did not/would not have modded him troll, but I can guess the simple logic at doing so.

    He appears to have the all-too-common opinion that there is no such thing as a profitable but risky opportunity. I teach intro probability and decision making (among other things), and you would not believe how many people reason that, if there is uncertainty, it's "impossible" to make a good decision. The reasoning is "Well, since something bad might happen, you might end up regretting your decision." Ugh. Those are people for whom "probability", "expected value", etc., will forever remain magical, abstract terms with no application in the real world.

    Before my rant goes too far off topic, back to the GP, who said:

    "It is stock market after all, nobody can guarantee the outcome even with insider news."

    So insider information should be ok?! After all, "there are no guarantees"?! Nonsense! And I can imagine there being at least a few mods who would consider it so obvious that this is nonsense, that they modded him troll, thinking there could be no other excuse.

    Now I'm the one wondering how he got so many insightful mods!

  • Re:Fair enough (Score:1, Insightful)

    by Anonymous Coward on Sunday February 17, 2008 @01:33PM (#22454322)
    The aim of cheating isn't always to have a 100% sure thing but to have an edge. Casinos don't make their money by having a 100% sure thing either, they do it by having an edge. But how would you like it if, while playing poker, your opponent could see the next 10 cards the dealer is about to hand out. Sure, he can't guarantee whether you want 0 cards or 3 or whether the dealer will suddenly decide to shuffle again, either one making it less than a sure thing, but he has an edge and an illegal one by the rules. At least its clear where a casino stands in the game. Never with a cheating player.

    If this was a medium-sized company, he may have bought up a large % of puts for the day. His presence for puts played with market_supply/demand and made it seem more lucrative for others to join in -- only for them to be scammed. Yes, the others made their choice but they expected a fair game.
  • by Anonymous Coward on Sunday February 17, 2008 @02:20PM (#22454730)
    Umm... except that he's UKRAINIAN. Did anyone read the whole article? The DoJ isn't pursuing him because they perceive it to be fairly difficult to extradite from ex-Soviet bloc nations, especially on a hacking charge. Russian & Ukrainian crackers are frequently ID's violating US electronic theft and data tampering laws (mostly because we make it so easy for them, but, I suspect also because they make so much money doing it), and have been notoriously hard to prosecute. So, good luck on that one.

    I'm thinking the guy's hard day doesn't come when we haul him off to an American jail. Rather, it happens real soon, now that the Ukrainian mafia knows he has nearly $300 grand...
  • by dq5 studios ( 682179 ) on Sunday February 17, 2008 @03:29PM (#22455242) Homepage
    Probably, but he's in the Ukraine. The SEC not releasing his money for insider trading wouldn't require the support of the Ukraine government, prosecuting him for hacking would.

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