Professor: Student should not face charges for Web site

IU Ph.D. student Chris Soghoian could face charges for violating seven sections under the federal code, but an IU law professor does not believe he will be prosecuted. \nThe FBI and the Transportation Security Administration are in the middle of an ongoing investigation of Soghoian for possible criminal actions after he created a Web site two weeks ago that generated fake Northwest Airlines boarding passes. However, law professor Fred Cate, director of the Center for Applied Cybersecurity Research, said because Soghoian created the site to show a security flaw and not to promote criminal activity, it is unlikely he will be charged. \nOn Oct. 28, the FBI raided Soghoian's Bloomington home with a search warrant that allowed authorities to search the apartment for any evidence that showed Soghoian was in violation of federal law, according to a copy of the search warrant that was posted on Soghoian's blog.\nAs outlined by these sections, Soghoian could potentially be charged with "conspiracy to commit offense or to defraud United States, ... entry by false pretenses to any real property, vessel or aircraft of the United States or secure area of any airport or ... entering aircraft or airport area in violation of security requirements."\nCate said the primary law Soghoian could be found in violation of makes it a federal crime to aid or abet a terrorist. However, Cate said it would be a difficult case to prosecute because it raises First Amendment issues. \n"Here, it's difficult to determine when free speech crosses the line into action," Cate said. \nCate said it would have been clearly free speech if the Web site only talked about the security loop without providing the actual generator to create the fake boarding passes. \nHe said even though Soghoian did not directly provide terrorists false boarding passes, terrorists could have theoretically found the Web site and generated their own passes.\n"(If he is charged), a court would decide if this is a case of Chris (Soghoian) utilizing his right to free speech or action taken to aid a terrorist," he said.\nHowever, Cate said he did not think it would ever get that far because he doesn't believe charges will ever come. \nThe FBI and TSA are still investigating the case to decide if they want to pursue criminal proceedings, representatives from both agencies said. \nTSA spokesman Christopher White said Soghoian's site allowed users to print false boarding passes in order to bypass security entrances at airports, which is against the law. \n"The Web site was encouraging illegal activity," White said.\nCate said while others, such as himself, don't think Soghoian should be punished, he could face prosecution for his actions.\nHowever, Cate said there is less of a risk that he'll be charged because much of the political pressure has died down since Soghoian first posted the site and also because others have posted similar information prior to this incident.\nCate said a number of new Web sites providing similar information have been created during the past couple days.\n"There is also less of a risk for Chris (Soghoian) facing charges because (since Thursday) we're seeing Web sites popping up all over the world with the same information," he said. "The FBI is going to be hard-pressed to file charges against Chris (Soghoian) when there are 10 other people doing the same thing."\nAdditionally, Cate said he does not believe there is any potential liability for IU. While it is still unclear whether the boarding pass generator was intended to be a part of one Soghoian's class, Cate said he believes the work was being done independently on Soghoian's own time. \n"It's pretty clear this was not University-related research," he said. \nCate said he believes Soghoian made an unwise decision in posting the information on a Web site but hopes there isn't a risk of Soghoian facing charges. \n"In all fairness to Chris (Soghoian), others have posted similar information in previous years," he said. "I think (he) wanted to place additional pressure on the government to correct this"