Aubrey Cottle, a hacker associated with the Anonymous hacker collective, was criminally charged in both Canada and the United States last year in connection with a hack of the Texas GOP’s website on Sept. 11, 2021.Fred Lum/The Globe and Mail
Canadian hacker Aubrey Cottle has pleaded guilty to three charges stemming from a cyberattack linked to notorious hacktivist group Anonymous on the Texas Republican Party.
Mr. Cottle, who appeared in court in Newmarket, Ont., on Thursday, pleaded guilty to fraudulently obtaining a computer service, namely the systems of web-hosting company Epik, causing mischief to data belonging to the Texas GOP, and failing to comply with the conditions of his bail.
The judge said he will deliver his decision on sentencing on June 26.
The Crown is seeking a 2.5-year sentence, reduced by pretrial credit, while the defence is seeking time served.
Dressed in a black T-shirt, a black puffer vest and dark jeans, his bleached hair growing out after months in custody, a handcuffed Mr. Cottle waved to his mother and a friend seated in the courtroom from behind the glass of the prisoner’s box.
The 39-year-old resident of Oshawa, Ont., who goes by the online alias Kirtaner, has been at the Central East Correctional Centre in Lindsay, Ont., since late October for breaching his bail conditions.
Canadian man charged in 2021 GOP hacking case says he’s in jail for allegedly breaching bail
The jail was recently in lockdown for nearly two weeks following a security breach of its computer servers, The Globe has reported.
Mr. Cottle was criminally charged in both Canada and the United States last year in connection with a hack of the Texas GOP’s website on Sept. 11, 2021.
Hackers who claimed to be affiliated with Anonymous defaced the Texas GOP website, replacing its banner with cartoon characters, a pornographic image and a music video. They also downloaded personal identifying information from the party’s web server and shared it online, according to U.S. court documents. The hackers gained access to the Texas GOP website by infiltrating Epik.
In the U.S., Mr. Cottle has been charged with unlawfully transferring, possessing or using a means of identification with the intent to commit, or aid or abet, or in connection with unlawful activity under state or federal law. He faces up to five years in prison if convicted on those charges.
The Anonymous hacktivist collective first gained notoriety in 2008, when its members wore Guy Fawkes masks to protest against the Church of Scientology.
Mr. Cottle, who has admitted involvement with the group, previously told The Globe that he believes the case against him is politically motivated.
Mr. Cottle’s lawyer described him as a “self-taught, high-level computer engineer” who has left hacking behind and intends to start a cybersecurity consulting firm, complete his high-school diploma and eventually get a doctorate in computer science after serving his sentence.
Riaz Sayani, a partner at Toronto-based criminal law firm Savards LLP, said Mr. Cottle’s aim is to work for the Canadian government to assist with cybersecurity. He noted that Mr. Cottle is in a romantic relationship and has a five-year-old son in the U.S., for whom he makes child support payments.
“He will be someone who will be a force for good in the world,” Mr. Sayani said.
Mr. Sayani said his client has faced especially harsh conditions in prison. He said that during most of Mr. Cottle’s 240 days in jail, the facility has been under full or partial lockdown. Mr. Cottle’s cell is triple bunked, he’s had limited yard time and no books to read, and during one nine-day lockdown the toilet in his cell stopped working, forcing him to hold his bowels for days, Mr. Sayani said. Mr. Cottle’s mental health has deteriorated, he noted.
Canadian hacker Cottle faces charges after allegedly stealing Texas Republican Party data
Mr. Cottle’s legal team said in a statement that the U.S. charges are for the same conduct.
“As a matter of fairness, that charge should now be withdrawn. No one should be prosecuted or punished twice for the same conduct. In the event of an extradition request, Canada should do the right thing and refuse to extradite Mr. Cottle,” the statement said.
The Crown described Mr. Cottle as a vigilante who is at risk of reoffending.
“Vigilantism is not something our law allows for,” Crown counsel David Tice told the court.
He added, “We’re looking at individuals deciding what’s right and what’s wrong and not following the law. The problem here is that not following the law has real impacts on real people. This is not just a prank that’s funny, and that people are going to laugh about on the internet or on chat boards.”
Mr. Tice argued that hacking and defacing the Texas GOP’s website “impacts the democratic process.”
“While people have a right to express themselves and disagree with how people are expressing themselves, we don’t have a right to damage people’s property,“ he said.
Mr. Cottle made a statement to the court, saying that he’s leaving criminality in his past.
“It’s a waste of my gifts, intellect and talents. It’s cost me my home, my livelihood, many of my friends, a relationship, among other things. I have no desire to ever repeat any of this,” he said.
“I need to be there for my son,” he added.
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