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.
1/29/2026
at
9:18:37 PM
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.
by bink
1/29/2026
at
9:35:24 PM
> 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.You mean... the thing that they had? FTA:
"Within minutes, deputies arrived and confronted the two intruders. DeMercurio and Wynn produced an authorization letter—known as a “get out of jail free card” in pen-testing circles. After a deputy called one or more of the state court officials listed in the letter and got confirmation it was legit, the deputies said they were satisfied the men were authorized to be in the building."
There's also no indication that they damaged property (they used a UDT to trip a sensor to bypass the door). Neither of us were there, but based on the actual reporting it sounds like the worst anyone could accuse these people of being is stupidly unprofessional and bad communicators, which if you worked with pentesters shouldn't seem like an unprecedented aberration.
by rainonmoon
1/29/2026
at
10:22:28 PM
Read the article further. When the police called the phone number on the document, the person on the other end denied that they were authorized to be in the building.
by Aurornis
1/29/2026
at
10:35:55 PM
But I’m responding to the notion that they should’ve had signed documentation with the scope with them. They did. The fact that their own company hung them out to dry by not informing everyone on that list is not the pentesters’ fault.
by rainonmoon
1/30/2026
at
12:13:32 AM
I wasn't trying to suggest they did or didn't have the right documentation. I honestly don't know. I was just explaining how we normally operated. The idea that the emergency contact wouldn't answer, or even worse deny we had authority seems impossible to me... At least if you're doing things the way we did.
by bink
1/30/2026
at
1:43:33 AM
> The idea that the emergency contact wouldn't answer...seems impossible to meI can’t understand how you think this is impossible if you do things “the right way”.
Phones gets stolen or dropped in the toilet. Your contact has been taken to the hospital. Bad cell service. And so on.
These episodes of Darknet Diaries were my favorite. Very suspenseful. I also always thought the people doing the testing were insane for assuming a piece of paper keeps them from getting dragged to jail or worse.
I mean this is stuff the security people tell you not to do. If you get an email from “your bank” saying “call us at this number”, you're supposed to independently verify by calling the main number, not the number they give you, right?
by halfcat
1/30/2026
at
4:41:41 AM
Those were always my favourite episodes too! Enough to get into a career doing social engineering and physical intrusions. It's very tense! You're right to think it's insane; the nature of these jobs is that unlike most kinds of pentesting, very few people are aware that a test is occurring. We will sometimes bring a fake "get out of jail free" card to test the very thing you mention, whether people will actually verify out of band. I've been on jobs where we've been called out and they've checked our fake details and you see people's whole body language change in those moments between them figuring out you're not who you say you are and figuring out what they're willing to do about it. You absolutely see the thought "Do I need to hurt these guys? Are they going to hurt me?" go through someone's mind. It's never come to anything truly harrowing in my experience, professionalism and good communication skills go a long way, but they also can only go so far. It's much more common to have zero issues though, because as you can surmise, social engineering is extremely effective, so getting challenged at all is pretty rare.
by rainonmoon
1/30/2026
at
5:38:48 PM
The purpose of the paper isn't to act as a "get out of jail free" card. It's to (hopefully) prevent the handcuffs from coming out while they verify the information. They're expected to contact the appropriate people before letting anyone go. Usually the emergency contact would be nearby and come to the site to discuss the project with their security team.
by bink
1/29/2026
at
10:17:45 PM
> 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.According to the article, they were hiding from the police who showed up, not security guards.
Testing the police is undeniably out of scope in a situation like this. If the police show up, the exercise needs to be over. You announce your presence and de-escalate, not try to outmaneuver the police.
These two guys only look like heroes in contrast to the over zealous sheriff. Everything else about their operation ranges from amateur hour to complete incompetence, such as drinking before a job.
by Aurornis
1/30/2026
at
12:09:24 AM
I completely agree. Hiding from the cops puts everyone in danger. But to be clear I wouldn't be hiding from the security guards either once they had found evidence of our test. It was really only if they were nearby and unaware anything was happening that we found it OK to hide from them.The whole point is to test security. Ideally you want to be found because that means that they have reasonable security in place and you can attest to that.
by bink
1/29/2026
at
9:51:12 PM
IIRC they had permission from the state court administrator, but not the county. The building is a county building. And, as it does in all sorts of jurisdictions with a similar setups, pissing contests arise over various issues.
by tiahura
1/29/2026
at
8:42:07 PM
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.
by arcfour
1/29/2026
at
8:46:46 PM
> 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.This is a job where having impaired judgment is a terrible idea.
If someone needs alcohol to do a job that involves taking the role of a criminal and summoning the police, drinking alcohol before it is a terrible choice no matter how you look at it. If they can't do the job without alcohol, they shouldn't be doing the job at all. Maintaining unimpaired judgment is a baseline expectation for a job like this.
by Aurornis
1/29/2026
at
8:51:06 PM
I doubt judgement is heavily impaired at 0.05 BAC. That is at or below the legal limit to drive a car.And it really is more of a red herring since they were obviously not visibly intoxicated and they didn't actually do anything illegal. Their BAC is more of an issue between them and their employer, and has no bearing on their false arrest.
by arcfour
1/29/2026
at
8:56:00 PM
> I doubt judgement is heavily impaired at 0.05 BAC. That is at or below the legal limit to drive a car.0.05% BAC will result in a DUI in many countries. Regardless, any impairment on a job where you're doing things guaranteed to summon the cops is a very bad idea.
BAC also declines linearly over time. I doubt (hope?) they weren't drinking on the job, but a 0.05% BAC measured after their arrest means their BAC would have been higher when they started breaking into the building earlier in the night.
by Aurornis
1/29/2026
at
9:10:52 PM
Only Utah has a 0.05 standard. (I think drinking before a nighttime physical pentest is a bad idea).
by tptacek
1/30/2026
at
12:44:06 AM
Is USA the outliner here? In (most of) canada 0.05 will get your license suspended (but you dont go to jail unless its 0.08).Australia, scotland and france are also 0.05.
There are quite a few countries where the limit is less than that.
by bawolff
1/30/2026
at
12:46:35 AM
Maybe? Virtually everywhere in the US is 0.08. I don't think it's a good idea for physical pentesters to drink anything before a gig, for whatever that's worth, so hopefully we're just shooting the shit about different countries rules.
by tptacek
1/30/2026
at
4:09:36 AM
The "legal limit" is terribly misunderstood, but 0.08% is just legal threshold where the state doesn't need to prove impairment and the offense is upgraded to an automatic criminal DUI. A driver in an accident with a BAC of 0.03% could still be charged with a DUI if impairment can be proven but most prosecutors' offices have more important things to work on.
by tomnipotent
1/30/2026
at
5:41:30 AM
It's also terribly misunderstood by pedants since you can be charged with a DUI with a 0.00 BAC by doing drugs. The point isn't that it's a definitive line in the sand between impairment and not, but if people are trusted to drive a car (generally or broadly speaking, not pedantically speaking), being above or below said limit is a reasonable litmus test for "visibly/obviously impaired" or not.
by arcfour
1/30/2026
at
4:15:05 AM
Sure, I don't disagree.
by tptacek
1/29/2026
at
9:42:13 PM
Washington might be moving to 0.05 too. (A bill just narrowly passed the state Senate; still has to clear the state house)
by shawn_w
1/29/2026
at
9:54:31 PM
> heavily impairedThe level of impairment doesn't matter. They are impaired. There is no standard or testing which reveals the minimum level of impairment that one can safely do the job. So, you don't do it impaired, at any level, period.
> and has no bearing on their false arrest.
Two people that have obviously been drinking, hiding from police, and then making up fantastic sounding stories as to why they're in a tax payer owned facility outside of working hours. The police had good reason to effect an arrest so it can't be "false arrest."
by themafia
1/29/2026
at
10:39:45 PM
[dead]
by uncletscollie
1/29/2026
at
9:15:17 PM
> I doubt judgement is heavily impaired at 0.05 BACPhysical coordination becomes an issue. 70% of subjects tested struggled to maintain lane position at 0.02%.
https://pmc.ncbi.nlm.nih.gov/articles/PMC102344
by janalsncm
1/29/2026
at
9:23:15 PM
I don't see how that relates to, say, software engineering or physical pentesting though. And 1/3 people is still a fairly significant number that do not suffer ill effects. I also said heavily impaired—not that they were categorically not suffering from any effect of the alcohol.My point is not that they definitely should have done it. It is simply that, in this context, it's really not a big deal & is not really germane to the discussion at all. They did nothing wrong, stone cold sober or not.
by arcfour
1/29/2026
at
10:00:35 PM
That’s not what your link says; impairment at 0.02 BAC is measurable, but a fraction of standard day-to-day variation for a person. It’s roughly equivalent to missing coffee at breakfast.
by lux-lux-lux
1/30/2026
at
2:38:47 AM
Is this something that has been rigorously studied? Like multiple follow-ups?This article is from 2002 - twenty years ago. It cites several other studies, which seem not great overall.
One studied a driving simulator, the others looked at deaths in the single year after lowering blood alcohol.
The one about minors in Maryland seemed especially strange, as minors are usually required to have 0% BAC.
It sounds like cherry picking.
by pyuser583
1/29/2026
at
9:11:45 PM
Is drinking common for physical pentesters? I just do boring software stuff but I’m pretty sure drinking on the job would be a fireable offense for me.And even if their BAC was technically under the legal limit, their ability to e.g. drive was impaired. So it seems unprofessional.
by janalsncm
1/29/2026
at
9:20:48 PM
Their ability to drive being impaired is somewhat dubious since they are under the legal limit in all of the states I have heard of.W/r/t drinking and working, I personally dislike the puritanical zero tolerance for alcohol approach that people here in the US seem to take by default. Most people can have one or two drinks and work just fine, with obvious exceptions.
I don't think we should judge people who have to travel to a boring small town in Iowa and have to go to work in the middle of the night for having a drink or two.
If you can't have just a drink or two, or have to do it every day, that's a bigger issue that goes beyond work vs. simply having a drink and doing work on occasion.
by arcfour
1/29/2026
at
10:25:09 PM
Agreed about the puritanical stance here in the US.People drive on prescription drugs like it's nothing. But a beer? Haha.
For context, I've been sober for a decade. I don't mind if people have a beer. I get it.
by chneu
1/29/2026
at
10:25:44 PM
> I just do boring software stuff but I’m pretty sure drinking on the job would be a fireable offense for me.I've never worked a software job where I wasn't provided free alcohol at work.
by kube-system
1/29/2026
at
10:21:06 PM
> Is drinking common for physical pentesters?Absolutely not.
Physical pentest scenarios are highly likely to end with an alarm tripping and the police arriving, except in cases where the alarm wasn't armed, didn't have connectivity, or was broken.
An encounter with the police was virtually guaranteed in this case. Drinking before the job was highly unusual and irresponsible.
by Aurornis
1/29/2026
at
9:32:15 PM
> I just do boring software stuff but I’m pretty sure drinking on the job would be a fireable offense for me.What?? For real?
by IshKebab
1/29/2026
at
10:38:12 PM
Obligatory XKCD: https://xkcd.com/323/Note that Monroe's number for the peak (0.13%) is significantly higher than legal limit for driving, and than these guys recorded here.
by mandevil
1/30/2026
at
12:36:20 AM
> 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.I feel like if you do something for a living, you shouldn't need to calm your nerves for it.
by bawolff
1/29/2026
at
9:47:42 PM
I'll note 0.05 means you can't legally drive in Australia and would be issued a DUI.
by technion
1/29/2026
at
8:47:48 PM
I'd have more "eager" than "anxious" nerves, and I wouldn't need a beer for that. The fun thing about pentesting is that it doesn't matter if you get caught, although it's more fun if you don't.Hard agree about "forcing", though. The very word implies, you know, non-trivial amounts of force. Like technically walking toward a door in a normal human room at standard temperature and pressure means you're applying non-zero amounts of force to it, so arguments like "they applied any force at all" can be ignored as goofy.
by kstrauser