Hacker awaits Milwaukee trial
Man who defeated Wannacry virus accused of creating malware
Some defendants lie low after they make international headlines for a federal indictment.
Not Marcus Hutchins, the 23-yearold British cybersecurity hero now facing computer fraud and conspiracy charges in Milwaukee.
His arrest has made him an even bigger star on social media, where he’s been entertaining fans about his detoured life while assiduously avoiding discussing his case.
“I didn’t put my clock back when daylight saving time ended, now I can have an extra hour to get ready and still be late,” he tweeted this month.
“This one time I arrived at the airport 2.5 hours before my flight back to the UK and instead ended up living in America.”
That was Aug. 2, when federal agents arrested Hutchins in Las Vegas, where he had been attending a conference, on the Milwaukee charges.
Just three months earlier, Hutchins — known until then only as blogger MalwareTech — had saved the world’s computer networks from WannaCry, a virus threatening banks, businesses and even England’s National Health Service.
A friend posted his $30,000 bond and Hutchins had to give up his passport. Initially, he was on home confinement, then GPS monitoring, and a curfew, but those conditions have been dropped.
Federal prosecutors repeatedly objected to lessened restraints on Hutchins’ freedom, so he could swim and surf near his L.A. apartment and go out at night to meet other young people.
“It is fair to say his conditions of bond were the only things securing his presence in the U.S,” they wrote. While he surrendered his passport, “It’s unrealistic to think that the defendant could not leave the US without travel documents.”
The $30,000 came from a friend, not Hutchins, they note, so he wouldn’t be losing his own money.
Judges weren’t persuaded, citing the Federal Bail Reform Act’s requirement that they impose only conditions that would reasonably assure the defendant’s appearance, not that they somehow guarantee it.
The indictment charges Hutchins with creating a “Trojan,” a piece of malware called Kronos designed to sneak onto computers then find and divert owners’ bank account information. He and another person, whose identity has been redacted from the indictment, are accused of conspiring to sell Kronos to cybercriminals.
Hutchins pleaded not guilty and his California lawyers say he will be vindicated. That could take a while, as the case has been designated “complex,” which extends usual deadlines. No trial
Hutchins pleaded not guilty and his lawyers say he will be vindicated. That could take a while, as the case has been designated “complex,” which extends usual deadlines.
date has been set.
In August, prosecutors stressed that Hutchins has no real ties to the U.S. He was granted pretrial release on home confinement at a Milwaukee halfway house and ordered to surrender his passport.
Later, he got an apartment in Los Angeles, the location of a digital security firm that employs him. He kept all his pretrial services appointments and met all their conditions so the Pretrial Office recommended he get moved to GPS monitoring with a curfew.
Because he works from home, has no family in L.A. or even any medical appointments to keep, Hutchins was essentially under home incarceration, the Pretrial Office argued.
Magistrate Judge Willam Duffin granted the change. Prosecutors objected and appealed to District Judge Pamela Pepper, who also found pretrial home detention punitive to Hutchins.
Last month, Hutchins’ lawyers asked that even the GPS and curfew conditions be lifted, citing his compliance up to that point. Again prosecutors objected, but in his Nov. 6 order, U.S. District Judge J.P. Stadtmueller said it was a moot point since Hutchins’ restrictions had already been dropped Oct. 17.
“Nevertheless, he has not attempted to flee,” Stadtmueller wrote.
Today, Hutchins has more than 111,000 Twitter followers. He has a second account for tweets just about cybersecurity and technical topics and a YouTube channel for tutorials he makes in his abundant free time. He also started a Facebook page because he was getting too many direct messages on Twitter.
After the WannaCry publicity, Hutchins said he was a private person who didn’t really relish the sudden attention. It had barely begun to die down when he was arrested in Las Vegas.
On Facebook, Hutchins wrote, “My situation is not ideal, but at least the weather is,” with a screenshot of a sunny, warm L.A. forecast.
But he also writes about his isolation, the costs of his defense and setting up an apartment, the many online haters, the uncertainty of his fate and likely deportation whether he’s convicted or not.
Lawyers are set to discuss the case with the judge next month and possibly set a schedule for motions.