Amended Judgment in
U.S. v. Jeffrey Lee Parson
Introduction
On 11 August 2003, the first version of the Blaster (also called MSBlast or Lovsan) worm was found.
Subsequently, many variants of this worm appeared.
On 13 Aug 2003, Jeffrey Parson, then a few weeks past his 18th birthday, released the Blaster.B worm
from his house near Minneapolis. On 19 Aug 2003, federal agents searched Parson's house on suspicion that he had
released a malicious computer program, and Parson was arrested on 29 Aug 2003.
On 11 Aug 2004, Jeffrey Lee Parson pled guilty.
On 28 Jan 2005, Parson was sentenced.
The attorneys argued for an additional two months about the amount of restitution that Parson should pay to victims.
On 29 Mar 2005, Microsoft and Parson signed an agreement
about restitution. The remaining issue
was whether Parson should pay the cost of replacing their infected computer to some individual victims of his worm.
The judge ruled that the proper restitution was only the cost of a technician removing
the worm, which amount was typically $ 150. The judge also deleted her initial requirement of 100 hours
of community service in her original sentence (see item 13 on page 4)
and replaced that requirement with 225 hours of community service as
agreed between Microsoft Corp. and Parson.
This document is an HTML version of the official Amended Judgement in U.S. v. Jeffrey Lee Parson on 4 Apr 2005.
I have posted this Judgment from the Blaster.B case because:
- prosecution and punishment of people for writing
or releasing a computer virus/worm has been rare;
- the Amended Judgment has not been published by the court;
- ordering the author of a computer virus or worm to pay restitution is apparently unprecedented in the USA;
- I hope that readers will see the seriousness of writing or
releasing malicious computer programs, such as a virus or worm; and
- I hope to assist professors of computer science to teach ethical behavior to their students.
Because I believe that this historical document should be readily available,
I acquired a photocopy from the court clerk of the U.S. District Court in Seattle,
formatted the text in HTML, and posted it on the Internet at my website.
I have deleted the portions of the Judgment form that do not apply to Jeffrey Parson's case.
Ronald B. Standler
13 April 2005
Amended Judgment Page 1 of 6
U.S. District Court
Western District of Washington
United States of America v. Jeffrey Lee Parson
Amended Judgment in a Criminal Case
Case Number: CR03-0379P
Carol Koller and Nancy Tenney, Defendant's Attorneys
Date of Original Judgment: January 28, 2005
Reason for Amendment: Modification of Restitution Order (18 U.S.C. § 3664)
THE DEFENDANT:
pleaded guilty to count(s) One (1) of the Indictment
The defendant is adjudicated guilty of these offenses:
18 U.S.C. §§ 1030(a)(5)(A)(i), 1030(a)(5)(B)(i), 1030(b), 1030(c)(4)(A)
Intentionally Causing and Attempting to Cause Damage to a Protected Computer
Date Offense Concluded: September 10, 2003
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.
/signed/
Annette L. Hayes, Assistant United States Attorney
Date of Imposition of Judgment: January 28, 2005
/signed/
Marsha J. Pechman, U.S. District Judge
Date: April 4, 2005
Amended Judgment Page 2 of 6
IMPRISONMENT
The defendant is hereby committed to the custody of the United Stases Bureau of Prisons to be imprisoned for a
total term of: eighteen (18) months.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
as notified by the Probation or Pretrial Services Office.
Amended Judgment Page 3 of 6
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Three (3) Years.
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance.
The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.
The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
The defendant shall cooperate in the collection of DNA as directed by the probation officer.
If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions
that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
- the defendant shall not leave the judicial district without the permission of the court or probation officer;
- the defendant shall report to the probation officer and shall submit a truthful and complete written report
within the first five days of each month;
- the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
- the defendant shall support his or her dependents and meet other family responsibilities;
- the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training,
or other acceptable reasons;
- the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
- the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
- the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
- the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony,
unless granted permission to do so by the probation officer;
- the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and
shall permit confiscation of any contraband observed in plain view of the probation officer;
- the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
- the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and
- as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record
or personal history or characteristics and shall permit the probation officer to make such notifications and
to confirm the defendant's compliance with such notification requirement.
Amended Judgment Page 4 of 6
ADDITIONAL SUPERVISED RELEASE TERMS
- The defendant shall cooperate in the collection of DNA as directed by the probation officer.
- The defendant shall he prohibited from possessing a firearm or destructive device as defined in 18 U.S.C. § 921.
- The defendant shall submit to mandatory drug testing pursuant to 18 U.S.C. § 3563(a)(5) and 18 U.S.C. § 3583(d).
- The defendant shall submit to a search of his person, residence, office, property, storage unit, or vehicle conducted
in a reasonable manner and at a reasonable time by a probation officer.
- The defendant shall participate as directed in a mental health program approved by the United States Probation Office.
The defendant must contribute towards the cost of any programs, to the extent the defendant is financially able to do so,
as determined by the U.S. Probation Officer.
- Restitution as set forth on page 5 of this Judgment is due immediately. Any unpaid amount is to be paid during the
period of supervision in monthly installments of not less than 10% of his gross monthly household income.
Interest on the restitution shall be waived.
- The defendant shall provide his probation officer with access to any requested financial information, including authorization
to conduct credit checks and obtain copies of defendant's Federal Income Tax Returns.
- The defendant shall be prohibited from incurring new credit charges or opening additional lines of credit without approval of defendant's
U.S. Probation Officer.
- The defendant shall notify the probation officer of all computer software owned or operated by the defendant
at the commencement of supervision, and report any additional software purchase, acquisition, or use during the course of supervision.
- The defendant shall consent to the United States Probation Office conducting ongoing monitoring of his computer(s), hardware, and software.
The monitoring may include the installation, at the defendant's expense, of hardware or software systems which allows
evaluation of his computer use. Monitoring may also include the retrieval and copying of all data from his computer(s)
or other electronic devices/media. The defendant shall also comply with the requirements of the
United States Probation Computer Monitoring Program as directed.
- The defendant shall be prohibited from incurring new credit charges, opening additional lines of credit, or obtaining a loan
without approval of the defendant's U.S. Probation Officer.
- The defendant shall only use computers and the Internet for educational or business purposes. The defendant shall be
prohibited from using computers or the Internet for any other purpose, including any entertainment purpose
(e.g., computer games, or chat rooms). To the extent that the defendant uses computers or the Internet to communicate with anyone,
he must only communicate with people that he has met in some contacts other than the Internet.
- The defendant shall complete two hundred and twenty-five (225) hours of community service as approved and
directed by his probation officer, to be completed at the rate of at least eight (8) hours per month.
The defendant shall obtain approval from his probation officer for his program of community service no later than sixty (60) days
after the start of his term of supervised release. These hours are not to be performed in an area dealing with computers or the Internet,
and instead are to be performed working with less fortunate members of the defendant's community.
Amended Judgment Page 5 of 6
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment $ 100.00
Fine $ -0-
Restitution $ 498,622.55**
The defendant shall make restitution to the following payees in the amount listed below.
|
| Name of Payee |
Amount of Restitution Ordered |
| Microsoft Corporation** | $497,546.55 |
| Rita Martin | $150.00 |
| Martin & Lori Palombo | $150.00 |
| Angela Dalrymple | $150.00 |
| Mike & Ann Ford | $150.00 |
| Tom Trossbach | $136.00 |
| James Leach | $110.00 |
| Wayne & Sandra Mallas | $150.00 |
| Alit & Victoria Goh | $80.00 |
| | |
| | |
| Totals | $ 498,622.55 |
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
the interest requirement is waived for restitution.
The Court finds that the defendant is financially unable and is unlikely to become able to pay a fine and,
accordingly, the imposition of a fine is waived.
**If the defendant does not violate Supervised Release Condition 13, he is not required to pay the $497,546.55
in restitution otherwise ordered to be paid to Microsoft Corporation.
Amended Judgment Page 6 of 6
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
PAYMENT IS DUE IMMEDIATELY. Any unpaid amount shall be paid:
- During the period of supervised release, In monthly installments amounting to not less than 10% of the defendant's
gross monthly household income, to commence 30 days after release from imprisonment.
- The payment schedule above is the minimum amount that the defendant is expected to pay towards the monetary penalties
imposed by the Court. The defendant shall pay more than the amount established whenever possible.
- The defendant must notify the Court, the United States Probation Office, and the United States Attorney's Office of any material change
in the defendant's financial circumstances that might affect the ability to pay restitution.
this document is at http://www.rbs2.com/parson2.html
13 April 2005
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