PROVO — An alleged computer hacker received a double dose of bad news Thursday.
Not only was he bound over for trial on a second-degree felony charge of computer crime and an infraction charge of disorderly conduct, he was also bound over on a new third-degree felony count and six class B misdemeanor counts of computer crime filed by prosecutors midway through the two-day preliminary hearing in 4th District Court.
Jonathan Shaw, 33, Orem, was accused in the initial filings of hacking into the computer system of his former employer and resetting the system router and planting a delayed computer virus in revenge for his firing. The new charges allege that while still employed, he provided six Internet friends from around the world with access codes to the company's computer system.
Police allege the hacking occurred on Feb. 4, two weeks after Shaw was fired from his position as system administrator for Creative Internet Concepts in American Fork. Police say that Shaw, working from a laptop computer, reset the company's router and planted a Trojan virus that was timed to begin deleting files at a later date.
The company provides Web-hosting for several television marketing firms.
It was the testimony of CIC owner Alma Tuck that led to the new charges. Tuck testified he fired Shaw after discovering that Shaw was operating an illegal pirated movie server on the company's system. Tuck testified that Shaw had given six people access codes. Tuck said those people could have easily accessed the company's database of customer credit card numbers. An investigation, however, indicated none of the card numbers were stolen.
Tuck also testified that Shaw had threatened to cause problems if he did not receive a $2,000-a-month raise.
"He made threats and that if he didn't get his way that he'd erase our entire system," Tuck said.
Two weeks after Shaw was fired, Tuck said the company's router was shut down, essentially disconnecting his company from the Internet. Two days later, a virus was triggered. Tuck said the company was shut down for nine days, costing it an estimated $40,000 in expenses and lost revenue.
Shaw's attorney, Phil Danielson, argued that prosecutors failed to provide any proof that Shaw was involved.
During the hearing, however, a CIC programmer testified system logs showed Shaw tried to access ports to the company's system on a continual basis. Police testified that during an interview with Shaw, he admitted to giving encrypted access to six Internet friends.
Defense witness Rick Klemetson, a network consultant who has worked with Shaw, testified that CIC should have system logs showing exactly who attacked the company's system. Klemetson questioned the whereabouts of those logs, which prosecutors did not produce for the hearing.
Danielson objected to the filing of the new charges against his client, calling it inappropriate for the prosecution to bring new charges in the middle of a preliminary hearing.
Judge Fred Howard also expressed some concern over the state's bringing the new charges.
Assistant Utah County Attorney Tim Taylor explained that the testimony during the hearing gave rise to the new charges.
Danielson said he plans to file a motion contesting the new charges and asked the court to allow him time to file the motion before ruling on the bind-over.
Howard bound Shaw over on all counts but reserved Danielson's right to file a motion opposing the new charges, which is expected to be filed within 30 days.
A hearing was scheduled for June 26 for Shaw to enter a plea to the charges.
E-mail: gfattah@desnews.com