Procedural History: Schwartz

Procedural History: Schwartz, the defendant, was charged and convicted with three counts of computer crime under ORS 164.377 before a jury. ORS 164.377 is defined by three separate crimes. See Rule of Law. The defendant had argued that State attempted to prove that he violated ORS 164.377(2)(c). The parties argued that whether the evidence was sufficient to prove that the defendant's actions were for the purpose of committing theft. The defendant also argued that he couldn't have “taken” the password files, because despite moving them from one computer to his own computer, the files were still on Intel's computer. State had argued that copying the passwords had stripped Intel of their value. Copying the passwords made them useless to fulfilling …show more content…
Between late 1991 and early 1992, the defendant had worked for Supercomputer Systems Division (SSD) for Intel. SSD's job is to create computer systems that are designed for dangerous jobs such as nuclear weapons safety and costs millions of dollars. Information stored in SSD, according to Intel, is considered valuable and secret. All personnel using SSD computers have to use a unique password to gain access to the information that are encrypted. In spring of 1992, the defendant and a systems administrator for Intel, Poelitz had an argument over the defendant's conduct in handling an issue with the e-mail system. The problem was resolved by Poelitz, but left the defendant upset and made him believe any decisions he makes in the future will be overwritten. The defendant had then terminated his contract with Intel's SSD and stated that he “hadn't left SSD on the best of terms.” His passwords on all SSD computers, save for one, were disabled so that he would no longer be able to access the systems. The one computer, Brillig, that did not disable his password was left unintentionally. The defendant had continued working as an independent contractor for a different division in Intel. On March 1993, the …show more content…
The defendant also admitted that he knew that doing this violated Intel's security policy. The defendant also stated that he took precautions to make the program secure. On July of 1993, the defendant was found running another gate program on Mink by Brandewie. The program was similar to first program that the defendant used back in March. The defendant stated that he made changes to make this new program secure after being confronted by Brandewie. The defendant moved to another Intel computer, Hermeis, because he felt that Mink was “useless” without the gate program. Hermeis, according to the defendant, was too slow for him. He then proceeded to use his gate program on Brillig, the only SSD computer that still had his password. During the fall of 1993, the defendant downloaded a password guessing program known as Crack. The defendant used Crack to access passwords on numerous Intel computers. He found and used the password for an authorized user, Ron B. The defendant used the password to access Brillig, despite knowing that he was not allowed to do so. The defendant copied the SSD password file onto Wyeth, another Intel computer. On