I'm glad the charges were dismissed, but to be honest the original reporting shows the story was actually more nuanced than this article led me to believe. 2019 article: https://arstechnica.com/information-technology/2019/11/how-a...

I'll probably get downvoted for even questioning the narrative, but here are some of the nuances that stood out to me:

- When the police contacted someone listed on the authorization letter, that person denied that they had been authorized to conduct physical intrusions. Another contact didn't answer their phone. What are the police supposed to do if the people supposedly authorizing the intrusion are actively denying the authorization?

- The contract had vague language that say they couldn't "force-open doors". The two men told police they had used a tool to open a locked door. The language should have been more specific about what was and was not allowed. (EDIT: This is causing a lot of controversy. The legal definition of "forced entry" in my state does not require literal damage to the property, only a bypassing of barriers. I don't know about the circumstances in this state, but to be clear the term "force-open doors" doesn't necessarily mean using destructive force everywhere)

- The contract said "alarm subversion" was not allowed, but supposedly the police had evidence that they were trying to manipulate the alarm. They deny this.

- The men had been drinking alcohol before the break-in. By the time they were breathalyzed it was at 0.05, meaning the number was even higher when they started the break-in. Drinking alcohol before you do a professional job guaranteed to get the police responding is a terrible idea.

- After they tripped the alarm and the police showed up, they didn't immediately identify themselves and end the exercise. They hid from the police, claiming that they were "testing the authorities' response" which seems obviously out of scope for their agreement.

So I agree that the charges were excessive and the Sheriff was in the wrong on a lot of things, but after reading the details this wasn't really a clear cut case. The pentesters weren't really doing everything "by the book" if they thought that testing the police response by hiding was in scope of their contract and doing this job after a few alcoholic beverages is a bizarre choice.

I performed these types of physical pen tests years ago. If we were testing security for something like a courthouse we would've had a card on each of us with the personal cell phone number of the county clerk along with a statement of work that described exactly what we were authorized to do, with signatures. In some cases we'd have a backup contact number for more dangerous stuff. The idea that the emergency contact would not answer the phone would've seemed ludicrous. They were always aware of where we were and what we were doing at all times.

Damaging property was never approved. Drinking alcohol before a test would never happen. The insurance risk alone would've been nuts, not to mention the reputational damage if someone smelled it on your breath. Hiding from law enforcement? I'd need to know more about that. If a cop shows up with a gun you absolutely do not hide. If it's a security guard on rounds and you're waiting for them to move on... sure.

It was often dangerous though. Some security and law enforcement types take it personally that they're being "tested" and do not react well. We always tried to have some former law enforcement or military with us because they were less likely to be targeted for abuse than us hackers/nerds.

I'm not saying it's the most professional choice, but if I were about to burgle a courthouse as part of my work, I'd like a beer or two to calm my nerves beforehand.

Regarding force, this article says:

> The rules of engagement for this exercise explicitly permitted “physical attacks,” including “lockpicking,” against judicial branch buildings so long as they didn’t cause significant damage.

And later that they entered through an unlocked door, which they (it sounds like) kept unlatched by inserting something between the latch and the doorjamb. Not unreasonable.

Seems reasonable to assume some blame from the pentesters, but neither are police known to be faithful and honest presenters of the truth. I'm not firmly convinced that the police story isn't exaggerated or embellished.

The police settled for $600k, it wasn't dismissed.

All of that is true, but it only means that it should have taken a few hours to sort out instead of 15 minutes. It became a pissing match between the courts and the county and these guy got squeezed. As a lawyer, I can't believe that there wasn't a lawyer for the county telling them that night that this was going to cost them.