Interesting articles....

http://certcities.com/editorial/news/story.asp?EditorialsID=336


8/27/2002 -- Oregon resident Robert R. Keppel, owner of the now-defunct
braindump Web sites Cheet-Sheets.com and CheetSheets.com, pleaded
guilty in federal court Friday to a charge of theft of trade secrets,
in violation of Title 18, United States Code, Section 1832(a)(2).

The charge resulted from allegations made by Microsoft that Keppel was
selling questions and answers to Microsoft certification exams.

When he's sentenced on November 1, Keppel faces up to 10 years in
prison and $250,000 in fines. He also forfeited a Lexus RX300, a 1997
Ferrari Spider and $56,000 in cash as part of a plea agreement.
CertCities.com attempted to reach both Keppel and his attorney for
comment, but did not receive a response before this story was posted
online.

Assistant United States Attorney Annette Hayes, who prosecuted the
case, said this is first application of the theft of trade secrets
statute to procure a conviction within the realm of IT certification
testing. In June, police in Bexar County, Texas seized the assets of
TestKiller LTD and its owners citing the same felony charge, but
criminal charges have not been filed in that case.

Previously, most "braindump" cases were pursued in civil court, citing
copyright and trademark violations. "The [theft of trade secrets]
statute is not that old... which is probably why there hasn't been many
[criminal cases of this type]. But there's nothing unique about this
case," said Hayes. "We picked this statute because it was the one that
applied."

According to Microsoft, the case began when the company received
allegations from customers that the content of Keen's CheetSheets
contained live exam items. Microsoft made a criminal complaint to the
Federal Bureau of Investigations during the summer of 2001, which
turned the investigation over to its Computer Crimes Division.

In Sept. 2001, the FBI's Computer Crimes Division issued search
warrants and seized the cash and cars listed above, as well as papers
and other evidence. According to the government, this evidence showed
that Keppel began selling the questions some time in 1999. He began
buying exam questions from a source in Pakistan in January 2001, which
he then incorporated into his test materials. (The government declined
CertCities.com's request for the name of the Pakistan source.) Records
from a NOVA credit card merchant account, opened by Keppel in July
2000, show that the business earned at least $753,633.03 while that
account was active, the government said.

Hayes said that criminal charges were never filed in this case. When
her office was given the case in late 2001, they initiated contact with
Keppel, and eventually negotiated the guilty plea through Keppel's
attorney. The government then filed a Statement of Information with the
court on August 8, paving the way for Keppel to enter his plea on
Friday.

Hayes told CertCities.com that her office will make sentencing
recommendations in late October. According to Hayes, Keppel is
currently out on "pre-trial" release.

"I think it's important to note that the government is pursuing these
types of cases and we will continue to do so," said Hayes.

Word of the plea spread over the weekend after the Seattle
Post-Intelligencer published a short news story online.

"I was ecstatic when I heard the news," said Craig Callaway, president
of Self Test Software. "Yes, it's good for [test question] vendors like
us, but this is really about the industry as a whole. There's got to be
a concerted effort to protect the integrity of certification."


"[This plea] will raise awareness of this problem," said Robert Pedigo,
executive director of the Information Technology Certification Security
Council, an industry organization that works to preserve the integrity
of IT certification exams. "It is probably fair to take this as a shot
across the bow of anyone who is attempting to cheat."

Pedigo said that certification vendors are working on improving exam
security through a variety of means, including tighter nondisclosure
agreements, greater scrutiny of testing centers and legal action, but
they are also looking to the certified community for help. "This is an
active concern that every single person who holds a certificate should
bear in mind. By becoming certified, one is a member of a professional
group. And it's important that one defend the integrity of that group."

The owner of one braindump site who wished to remain anonymous told
CertCities.com that the plea was not that big a concern. Unlike
CheetSheets.com, which commercially packaged live exam items, the
source explained that most braindump sites are free collections of
thousands of questions submitted by end users. "There's a big
difference between looking at 150 screenshots [of actual] questions and
poring through a thousand questions -- you can't memorize a thousand
questions," the source said. "I think the certification programs
realize this."

Even so, the source added that this case may influence his/her site:
"I'm thinking of moving away from actual questions and more toward
study guides


=====

Nnanna Obuba ,CCIE # 6586
Nantech Inc , 201 390 4795 
www.nantech.com/software 
Become a BGP Guru for just $75!!! 


 


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