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Computer Underground Digest--Sat Jul 13 01:10:10 CDT 1991 (Vol #3.25)
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Moderators: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Today's Contents:
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Moderators' Corner
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Spaf's Response to Bill Vajk
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Comments to Bill Vajk's posting in CuD #3.22 (T. Klotzbach)
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LOD Members for Comsec Computer Security (News Reprint)
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Alcor Email (ECPA) Case Settled (Keith Henson)
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NIST announces public-key digital signature standard (gnu)
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Secret Service Pays Hacker Call (Reprint from Newsbytes)
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Administratia:
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ARCHIVISTS: ROB KRAUSE, BOB KUSUMOTO, AND BRENDAN KEHOE
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CuD is available via electronic mail at no cost. Printed copies are
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available by subscription. Single copies are available for the costs
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of reproduction and mailing.
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Issues of CuD can be found in the Usenet alt.society.cu-digest news
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group, on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG,
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and DL0 and DL12 of TELECOM, by FidoNet file request from 1:100/345,
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on Genie, on the PC-EXEC BBS at (414) 789-4210, and by anonymous ftp
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from ftp.cs.widener.edu, chsun1.uchicago.edu, and
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dagon.acc.stolaf.edu. To use the U. of Chicago email server, send
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mail with the subject "help" (without the quotes) to
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archive-server@chsun1.uchicago.edu.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted as long as the source
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is cited. Some authors do copyright their material, and they should
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be contacted for reprint permission. It is assumed that non-personal
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mail to the moderators may be reprinted unless otherwise specified.
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Readers are encouraged to submit reasoned articles relating to the
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Computer Underground. Articles are preferred to short responses.
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Please avoid quoting previous posts unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: July 13, 1991
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From: From the Moderators
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Subject: Moderators' Corner
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We're experimenting with a new format to conform with RFC-1153 that we
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hope will allow CuD to explode in most mailers. Thanks to John
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Stanley for his suggestions, and especially to an anonymous Texas
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sysop (whose initials are BI and can be reached at
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bei@dogface.austin.tx.us) for the patience to lead us by the hand in
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explaining the procedure. Please let us know if it works (or if it
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doesn't). If we can get it working properly, we will maintain both the
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original format for files and the new one for mailers. So pass back
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your suggestions and criticisms.
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------------------------------
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Date: Tue, 09 Jul 91 15:05:10 EST
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From: Gene Spafford <spaf@CS.PURDUE.EDU>
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Subject: Response to Bill Vajk
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In an earlier digest, Bill Vajk responded to one of my messages with
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lengthy commentary.
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I agree with some of his points, disagree with others, and have no
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opinion about most. Most deserve and/or need no comment. However,
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there were a few of his statements (and his overall attitude) I feel I
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should respond to somewhat; I won't dignify the obvious personal
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insults with commentary, however.
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He says: "I am concerned that Spafford's comments can be read to be
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forgiving and conciliatory in nature where it regards errors made by
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professional law enforcement." He then goes on to criticize the case
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in California described in CUD 3.15. That juxtaposition was unfair,
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and implied that I was in some way trying to excuse the actions of
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Office Nemeth & company -- and that is most definitely not the case.
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From what I have heard of that incident, the law enforcement personnel
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acted like idiots.
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As to being conciliatory and forgiving, I do not believe law
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enforcement personnel are basically evil or out to deprive us of our
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rights; I believe most law enforcement personnel are poorly educated
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in the area and overworked. I wish to improve that understanding, not
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seek to portray law enforcement personnel as "the enemy." I don't
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approve of or agree with some of their actions, but neither do I feel
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it inappropriate to try to see things from their point of view.
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Later, he says:
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>Yes, Gene. In article 5462@accuvax.nwu.edu you misspoke [sic] and assisted
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>in proliferation of such incorrect reports :
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>
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> "The information I have available from various sources
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> indicates that the investigation is continuing, others
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> are likely to be charged, and there MAY be some national
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> security aspects to parts of the discussion that have
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> yet to be disclosed."
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>
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>Need I voice the obvious and ask how any "responsible" individual should
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>handle errors they have made? Need I voice the obvious and ask a simple
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>question. What has Gene Spafford done to correct errors he has made? Has
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>his behavior in these matters met the criteria for responsibility he demands
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>from others?
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Mr. Vajk (and others) appears to misunderstand my usage of words. My
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comment was not a misstatement. I very carefully qualified it to
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indicate that it was based on information available to me, and that it
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was an indication, not a certainty. The investigation did continue.
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At the time, it seemed likely to my sources that others would be
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charged. And my use of the word MAY was to indicate that it was far
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from certain.
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I don't view this statement on this issue as erroneous, nor do I
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believe I have anything to apologize for when making it. Had I said
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"The investigation shows these guys to be traitors and part of a
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larger group that will all be arrested and charged." -- that would be
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an incorrect statement and something I would need to retract.
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However, I didn't make that statement. I also "demand(s)" nothing of
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others. I admit errors when I make them.
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Mr. Vajk then says a great deal about my statement that we should not
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believe that everyone charged with computer offenses is innocent. He
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points out (correctly) that *in US law* people are innocent until
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proven guilty. HOWEVER, that does not make them innocent of having
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committed an act. If Joe Random were to shoot someone in front of a
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crowd of witnesses, he would be innocent under the law until a jury
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returned a verdict in a trial, but he would NOT be innocent of the
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act. Would any witness to the crime, or anyone who spoke to a
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witness, then be equally condemned by Mr. Vajk for saying "Joe was not
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innocent of murder" before the conclusion of a trial?
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My point remains that claiming innocence (in the non-law sense) for
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all individuals accused of computer-related crimes is obviously
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incorrect and counter-productive. It may be technically correct to
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point out that a court has not convicted them yet, but that does not
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mean we should trumpet their innocence. Furthermore, implying that
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law enforcement personnel are all pursuing power-trips and vendettas
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against computer users is paranoid. The law is important, and I
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respect it, but I do not need a jury to verify that the sun rose this
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morning. Most people are able to distinguish between convicted and
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guily; when too many people believe that the guilty are not being
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convicted, repressive measures may get instituted. If we intend to
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fight for appropriate application of the laws to computing, we need to
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keep this distinction in mind.
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Following more insulting comments, Mr. Vajk then makes some mistaken
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comments on copyright and trade secret (proprietary) rights. Some of
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these errors have been addressed already in a previous CUD: copyright
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and trade secret rights may both be expressed on a document.
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One thing that was not mentioned in the previous comments on copyright
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is that there is, indeed, a Federal statute governing copyright
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infringement. 2319 USC 18 provides for criminal penalties when a
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copyright is infringed. The copyright must be formally registered and
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deposited with the Superintendent of Documents for this to take
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effect, however, and the infringement must be willful. I have heard
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directly from Federal attorneys that this law can be used (and has
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been used) against people copying source code or documentation (or
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chip masks) they do not own. Copyright is not always strictly a civil
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issue.
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Mr. Vajk then makes extensive comments on how he thinks copyright
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should work, how source code should be valued, and how Federal law
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should be applied in cases of interstate traffic in copyrighted
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material. This may or may not be of some interest to some readers,
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but it does nothing to change the fact that Len Rose was charged with,
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and plead guilty to, an offense based on his trafficking in
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proprietary source code. His attacks on my statement (and me, to some
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extent) to that effect are directed at the wrong parties: he seems to
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disagree with the way the law is written and/or applied, and that is
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not my fault.
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He is certainly correct, however, in his observation that the laws are
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not adequate for our current technology: this is historically the case
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with a great deal of technology, and certainly not restricted to
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telecommunications and computing. I have never disputed this point,
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and have often propounded it.
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Mr. Vajk continues by criticizing me for (in so many words) "making
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statements without knowing the full background." Interestingly
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enough, he does this by assuming he knows what documentation and
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information I have accessed, and by assuming that he knows the one,
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full truth of the matter of Len Rose's actions and trial.
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Furthermore, he then goes on to imply things about AT&T, Tim Foley,
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the Illinois (?) prosecutor in the case, and potential witnesses to
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the case based on circumstantial evidence. Am I the only one who
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finds such hypocrisy curious?
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In the end, there is a fundamental difference of opinion between our
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views and our approaches. Mr. Vajk chose to personally insult me with
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remarks in his commentary rather than address that difference. For
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instance, he states: "There has been movement by all branches at the
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federal level of law enforcement to assume guilt before investigation
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and to trample rights freely utilizing the immunity originally granted
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in order to protect officers making honest mistakes as a standard
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operating procedure instead of an exceptional circumstance." I
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believe there have been some misguided and ill-informed investigations
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and prosecutions; I do not believe it an organized movement as does
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(presumably) Mr. Vajk.
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I still believe that the common person is not going to find the story
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of Robert Morris or Len Rose to be particularly indicative of threats
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to their freedoms. Certainly some of the things done to Len were
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inappropriate (the search, for instance). However, the over-broad
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search does not negate his guilty plea to a criminal act. Although we
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wish to guarantee the same Constitutional rights to everyone, we
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should be somewhat cautious about the examples we pick to hold as
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standards, and I do not believe Len is a particular good standard for
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us to raise.
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I also believe that rude behavior and insults directed towards people
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with different opinions than one's own is counterproductive to having
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one's own views respected and listened to with attentiveness. Appeals
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to reason are more likely to sway people to one's views. That was the
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central thesis of my original comments, and still is.
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For us to secure a reasonable set of rights for all computer users, we
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must realize that the issue is complex and has many different
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perspectives, the legal community is not well-equipped to deal with
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the issues based on prior experience, and that not everyone on the
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electronic frontier is heroic in stature. Most of us are still
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learning as the situation changes. (My views on many things have
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changed in the last few years, thankfully, and continues to evolve as
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I learn more; we shouldn't criticize someone for developing new
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attitudes with experience.).
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Sometimes we will make mistakes as we go along, but some mistakes we
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can avoid if we think about them first. One common mistake in such
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highly-charged issues is attributing to malice what may be caused by
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ignorance. Another is being abusive to others for having a different
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set of views; one cannot champion the legal right to free speech
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without also embracing the responsibility to respect others who choose
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to exercise that right -- disagreement with views should not become
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contempt for the people who (appear to) espouse them.
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------------------------------
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Date: Fri, 5 Jul 91 13:10 GMT
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From: "Thomas J. Klotzbach" <0003751365@MCIMAIL.COM>
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Subject: Comments to Bill Vajk's posting in CuD #3.22
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I am posting to the CuD to address factual and other errors that Bill
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Vajk made in his original posting to CuD #3.22. I had hoped to avoid
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this course of action, but feel it necessary due to the puzzling
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actions of Mr Vajk.
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I originally replied directly to Mr. Vajk with my concerns about his
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posting. He replied back to send him specific information or "retire
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from the conversation". I sent back the information he requested and
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Mr. Vajk never responded. I also sent two follow-up letters with
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again, no response. I came to the conclusion that Mr. Vajk was going
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to make no attempt in the foreseeable future to address the errors in
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his original posting to the CuD, so now I present them to the
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readership. My attempt is not to "bash" Mr. Vajk, but to hopefully
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correct some of the disinformation that Mr. Vajk has posted to the
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CuD.
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Bill writes:
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>If this is the case, then possession is not illegal, because
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>the text is protected by commercial exploitation by the
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copyright >laws and Len should have not been charged with
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criminal. Copyright is a >matter for civil suit...
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This is misleading, as it implies that copyright infringement may
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not be remedied in criminal court. There are also provisions for
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criminal proceedings if a person willfully infringes a copyright for
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among other things, private financial gain (17 USC 506 et seq.; 18 USC
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2319). This half-truth (copyright law only allows remedy in civil
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court) seems to be circulating about the net with great frequency. A
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knowledgeable netter wrote to me and stated that the reason that the
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government does not pursue more cases with the aforementioned statute
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is that the criminal penalties are not as large as the interstate
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transportation of stolen property and wire fraud statutes provide for
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violators.
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Bill goes on:
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>...It seems that AT&T source code (according to one of the Foley
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>affidavits) bears legends which claim both proprietary rights and a
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>copyright. You stipulate proprietary. The dual labeling of the
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>original software should do a lot to remove it from consideration as
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>truly proprietary information. The laws regarding copyrights require
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>that all copyright material is subject to deposit at the Library of
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>Congress, where any citizen has a right to read and review.
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The ownership of copyright is distinct from the ownership of
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the object in which the work is embodied (17 USC 101 et seq.; 17 USC
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202). You imply that the dual labeling of the source code suggests
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that the work is not truly proprietary information, by stating that
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"the dual labeling of the original software should do a lot to remove
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it from consideration as truly proprietary information". Rubbish.
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AT&T is within their rights to do what they did. The notice of
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copyright MAY be placed on publicly distributed copies of a work (17
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USC 401). Labeling a work as copyrighted does not imply a forfeiture
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of any proprietary rights (17 USC 202 et seq.; 17 USC 401, also please
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see Douglas v. Taylor, Tex.Civ.App. 497 S.W. 2d 308, 310 and Green v.
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Lewis, 221 Va. 547, 272 S.E. 2d 181, 185). In effect, proprietary
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declares that you are the owner of the work. You may also copyright
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the work as well. And what does the bit about "copyright material is
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subject to deposit and any citizen has the right to review" about?
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Are you implying that somehow Len Rose was within his rights to copy
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the source code in an attempt to review it? If you are, you are
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incorrect. Copyright law is fairly specific on the limitation of
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exclusive rights as they pertain to computer programs (it is the
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section that software makers refer to when they allow the owner of a
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copy of software to make backup copies - 17 USC 117).
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Bill also writes:
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>Twice now, regarding the resultants of the E-911 case you've been long
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>on assumptions, short on proof. Twice now, regarding the resultants of
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>the E-911 case you've been long on promises, short on results. Given
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>this history, I ask, would a "responsible" man now seek truth and
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>publish it, or retire from this discussion.
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But Bill then states:
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>Thus far, it seems most computer laws have been written at the behest
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>of special interests instead of the public interest. The laws already
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>inflict restrictions contrary to generally understood and accepted
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>constitutional provisions.
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Well, Bill, would you please provide some "proof" for the
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readership on the aforementioned statement? YOU imply much while
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proving little.
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There are other errors in Mr Vajk's article to the CuD and I am
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still in the process of researching them. Again, I am not attempting
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to split hairs, but Mr. Vajk has a responsibility to not put "spin" on
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what the laws/statues/etc mean, a spin that distorts the facts at hand
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and does a disservice to you and I, the readers of the CuD.
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In closing:
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Bill Vajk writes:
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>...What has Gene Spafford done to correct errors he has made? Has his
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>behavior in these matters met the criteria for responsibility he demands
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>from others?
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I ask the same question of Bill Vajk. What has he done to correct
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the errors he has made in his posting to the CuD #3.22?
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------------------------------
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Date: Fri, 5 Jul 1991 13:52 CDT
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From: "ROBERT G. HEARN" <9999AH02@UHDBIT.BITNET>
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Subject: LOD Members for Comsec COmputer Security (News Reprint)
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Reprint from Sunday, June 23, 1991 Houston Chronicle (1A, 15A)
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By Joe Abernathy
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FORMER HACKERS OFFER SERVICES IN COMPUTER SECURITY
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|
|
|||
|
The most notorious force of computer hacking's heyday is asking
|
|||
|
forgiveness and joining the forces of good.
|
|||
|
|
|||
|
The storied Legion of Doom, nemesis to the Secret Service, is forming
|
|||
|
a computer security consulting firm in Houston.
|
|||
|
|
|||
|
Drawing members from around the nation and its name from comic book
|
|||
|
villains, the youthful hackers' group dominated the underground
|
|||
|
electronic landscape of the middle and late 1980s. Finally, a
|
|||
|
controversial penetration of phone company computers landed several
|
|||
|
members in jail. According to documents, activities of the Legion of
|
|||
|
Doom were a primary motivation for Operation Sun Devil, a nationwide
|
|||
|
crackdown on computer crime coordinated by the U.S. Secret Service.
|
|||
|
|
|||
|
But remaining members in Austin and Houston, who disavowed any
|
|||
|
connection with the phone company incident, now say they are on the
|
|||
|
right side of the law and are offering their expertise on computer
|
|||
|
security.
|
|||
|
|
|||
|
"People need us. We're the best," said Scott Chasin, known in his
|
|||
|
hacking days by the computer handle Doc Holliday. "Ten years from now
|
|||
|
we'll be the leaders in data security."
|
|||
|
|
|||
|
Computer security is a burgeoning field, but one that is almost
|
|||
|
impossible to define in terms of dollars lost to penetrations or
|
|||
|
dollars spent on security. Tales are plentiful among police of losses
|
|||
|
in the six-figure range that went unprosecuted in order to spare the
|
|||
|
affected firms embarrassment. Estimates of the yearly loss to
|
|||
|
industry from computer break-ins range from $500 million to more than
|
|||
|
$2 billion -- much of it lost to long-distance phone service theft or
|
|||
|
credit card fraud.
|
|||
|
|
|||
|
Some industry observers welcomed the creation of Comsec Computer
|
|||
|
Security, as the new company will be known, while others derided it as
|
|||
|
a new twist on a familiar theme.
|
|||
|
|
|||
|
"There's lots of precedent for that," said Richard A. Schaffer of New
|
|||
|
York, editor of the industry publication ComputerLetter. "Crooks of
|
|||
|
all types try to hire themselves out after the fact."
|
|||
|
|
|||
|
"So these guys are purporting to tell you how to protect against folks
|
|||
|
like them," he mused. "It strikes me that people should refuse to hire
|
|||
|
them just on principle...although from what I've seen they're
|
|||
|
qualified."
|
|||
|
|
|||
|
But Linda Laskey of the Computer Security Institute in San Francisco
|
|||
|
said she believes the firm will provide a valuable service.
|
|||
|
"They know what they're doing as far as doing as far as security
|
|||
|
systems go," she said.
|
|||
|
|
|||
|
Laskey said the Computer Security Institute, a worldwide organization
|
|||
|
of computer security professionals from business and government will
|
|||
|
be among the first clients of Comsec.
|
|||
|
|
|||
|
The value of computer security is pitched now by those associated with
|
|||
|
particular security products. Accounting firms also provide security
|
|||
|
consulting.
|
|||
|
|
|||
|
By contrast, Comsec is banking on its past association with the
|
|||
|
Legion, which gained a high profile from run-ins with the Secret
|
|||
|
Service and BellSouth, one of the regional phone companies.
|
|||
|
|
|||
|
Robert J. Riggs, Franklin E. Dardin Jr. and Adam E. Grant were
|
|||
|
sentenced on Nov. 16, 1990, in federal court in Atlanta for breaking
|
|||
|
into the computers of BellSouth and stealing a document on the
|
|||
|
administration of the emergency 911 system.
|
|||
|
|
|||
|
Hacking grew up around the Legion, which wasn't content merely to
|
|||
|
penetrate computer systems and networks. The deed wasn't finished
|
|||
|
until the intimate details of each system were written up and
|
|||
|
electronically published.
|
|||
|
|
|||
|
Legion followers became associated with tutorials on obscure subjects,
|
|||
|
such things as how to make nitroglycerin and drugs, and with
|
|||
|
electronic documents on "social engineering," the fine art of the
|
|||
|
scam.
|
|||
|
|
|||
|
Born in the swirling computer underground of the 1980s and named after
|
|||
|
the minions of Superman archrival Lex Luthor, the Legion's
|
|||
|
"educational services" ultimately helped reshape the online community
|
|||
|
and gave the group a stature beyond its nominal activities.
|
|||
|
|
|||
|
But the best summary may have been written by Comsec principal Chris
|
|||
|
Goggans, the historian of the Legion and only member associated with
|
|||
|
it from its official founding in 1984 until it was disbanded late last
|
|||
|
year.
|
|||
|
|
|||
|
"The Legion of Doom has been called everything from 'Organized Crime'
|
|||
|
to 'a communist threat to national security' to 'an international
|
|||
|
conspiracy of computer terrorists bent on destroying the nation's 911
|
|||
|
service,'" he wrote under his pseudonym, Eric Bloodaxe. "Nothing comes
|
|||
|
closer to the actual truth than 'bored adolescents with too much spare
|
|||
|
time.'"
|
|||
|
|
|||
|
Now Sun Devil has put an end to hacking's innocence and perception of
|
|||
|
among computer enthusiasts that it is a noble pursuit.
|
|||
|
|
|||
|
As for the Legion members, a few got busted, a few got bored, and the
|
|||
|
rest are pondering a direction for their lives as young adults.
|
|||
|
|
|||
|
"I didn't want to be 30 years old and still breaking into systems,"
|
|||
|
said Chasin, who is 21. "I want to be securing systems."
|
|||
|
|
|||
|
Chasin and Goggans, 22, will be joined in the firm by Ken Shulman, 21,
|
|||
|
the son of Houston socialite Carolyn Farb, who is providing discounted
|
|||
|
office space and other assistance.
|
|||
|
|
|||
|
Comsec will be managed by Robert Cupps, 24, a graduate of Emory
|
|||
|
University and former securities trader. Chasin and Goggans are
|
|||
|
pursuing degrees at the University of Houston.
|
|||
|
|
|||
|
"From a marketing standpoint, we've got a real strong presentation,"
|
|||
|
said Cupps, a Baytown native who does not consider himself a computer
|
|||
|
expert. "What we will do is a brief demonstration. When you can walk
|
|||
|
into someone's office and get root (administrative privileges) on
|
|||
|
their system, that says something in itself, that maybe you're the
|
|||
|
person they should be talking to about securing their systems."
|
|||
|
|
|||
|
The only member of Comsec who has faced criminal charges is Shulman,
|
|||
|
known vicariously on computer networks as Malefactor, The Mentor, and
|
|||
|
Jack the Ripper. He pleaded no contest in 1989 to misdemeanor charges
|
|||
|
of credit card fraud, paid nearly $20,000 in restitution and was put
|
|||
|
on a year's deferred adjudication -- meaning he emerged from probation
|
|||
|
without a final conviction on his record.
|
|||
|
|
|||
|
"It was telephones, long distance calls," he said. "I quit everything
|
|||
|
after that, and that was years ago."
|
|||
|
|
|||
|
Goggans has also had a run-in with the law, however. His Austin home
|
|||
|
was raided on March 1, 1990, because he allegedly possessed the 911
|
|||
|
document. No charges have been filed.
|
|||
|
|
|||
|
Originally held forth as a life-threatening penetration of the 911
|
|||
|
system, the document theft is now viewed by computer enthusiasts and
|
|||
|
others as having been considerably overblown.
|
|||
|
|
|||
|
"The fact of the matter is that there was no damage to the system,"
|
|||
|
acknowledged Scott Ticer, operations manager for BellSouth and
|
|||
|
spokesman for the security team that lead the investigation. "But the
|
|||
|
potential for damage was there."
|
|||
|
|
|||
|
"You just can't have people playing around in your network -- it's not
|
|||
|
some high-tech toyland. This is the telecommunications system."
|
|||
|
|
|||
|
Would BellSouth hire the former hackers whose associates caused it so
|
|||
|
much grief -- proving their expertise along the way?
|
|||
|
|
|||
|
"We don't use hackers as consultants, period," Ticer said. "Thanks but
|
|||
|
no thanks."
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: 5 Jul 91 07:10:45 GMT
|
|||
|
From: hkhenson@cup.portal.com
|
|||
|
Subject: Alcor Email (ECPA) Case Settled
|
|||
|
|
|||
|
The long running Alcor/email case against the County and City of
|
|||
|
Riverside, CA was settled out of court in April of this year. The
|
|||
|
announcement was delayed until all parties had signed off, and the
|
|||
|
check (for $30k) had cleared the bank :-).
|
|||
|
|
|||
|
The Alcor Life Extension Foundation (a non-profit cryonics
|
|||
|
organization -- alcor@cup.portal.com) ran a BBS for members and
|
|||
|
prospective members from early 1987 through January 12, 1988. On that
|
|||
|
day, the BBS computer was removed under a warrant to take the computer
|
|||
|
(but no mention of any contained email) in connection with the
|
|||
|
investigation into the death of 83-year-old Dora Kent. (Mrs. Kent
|
|||
|
was placed into cryonic suspension by Alcor in December of 1987.
|
|||
|
During and following the investigation, Alcor staff members were
|
|||
|
publicly accused by county officials of murder, theft, and building
|
|||
|
code violations. No charges were ever filed and the investigation was
|
|||
|
officially closed three years later.)
|
|||
|
|
|||
|
In December, 1988 Keith Henson filed a civil suit to force an
|
|||
|
investigation of the apparent violations of the Electronic
|
|||
|
Communication Privacy Act by the FBI, but the case was dismissed by
|
|||
|
the now convicted Judge Aguilar.
|
|||
|
|
|||
|
In early 1990, just before the statute of limitations ran out, Henson
|
|||
|
and 14 others (of the roughly 50 people who had email on the system)
|
|||
|
filed a civil action against a number of officials and the County and
|
|||
|
City of Riverside, CA under Section 2707 of the Electronic
|
|||
|
Communication Privacy Act.
|
|||
|
|
|||
|
Some time after the case was filed, the Electronic Frontier Foundation
|
|||
|
came into existence in response to law enforcement abuses involving a
|
|||
|
wide spectrum of the online community. EFF considered this case an
|
|||
|
important one, and helped the plaintiffs in the case by locating pro
|
|||
|
bono legal help. While the case was being transferred, the County and
|
|||
|
City offered a settlement which was close to the maximum damages which
|
|||
|
could have been obtained at trial. Although no precedent was set
|
|||
|
because the case did not go to trial, considerable legal research has
|
|||
|
been done, and one judgment issued in response to the Defendants'
|
|||
|
Motion to Dismiss. The legal filings and the responses they generated
|
|||
|
from the law firm representing the County/City and officials are
|
|||
|
available by email from mnemonic@eff.org or (with delay) from
|
|||
|
hkhenson@cup.portal.com. (They are also posted on Portal.)
|
|||
|
|
|||
|
The Plaintiffs were represented by Christopher Ashworth of Garfield,
|
|||
|
Tepper, Ashworth and Epstein in Los Angeles (408-277-1981). A summary
|
|||
|
of the settlement agreement is attached.
|
|||
|
|
|||
|
|
|||
|
SETTLEMENT AGREEMENT
|
|||
|
|
|||
|
This agreement is made and entered into in Riverside, California,
|
|||
|
this _____ day of ______ by and between [long list of defendants and
|
|||
|
plaintiffs]
|
|||
|
|
|||
|
I.
|
|||
|
|
|||
|
FACTUAL RECITALS
|
|||
|
|
|||
|
1. This Agreement is executed with reference to the following
|
|||
|
facts for purpose of this Agreement only.
|
|||
|
|
|||
|
2. On January 12, 1998, some of the Defendants, pursuant to a
|
|||
|
search warrant, entered into the premises of Alcor Life Extension
|
|||
|
Foundation in Riverside, California.
|
|||
|
|
|||
|
3. Upon entry into the property, some of the Defendants seized
|
|||
|
various items, including electronic media containing E-mail owned by
|
|||
|
the plaintiffs.
|
|||
|
|
|||
|
4. On or about January 11, 1990, plaintiffs commenced civil action
|
|||
|
No. SAC 90-021js in the United States District Court, Santa Ana ("the
|
|||
|
Action"), against the defendants for injuries and damages allegedly
|
|||
|
suffered as a result of the defendants' seizure of plaintiff's E-mail.
|
|||
|
|
|||
|
5 It is now the desire and intention of plaintiffs, on the one
|
|||
|
part, and defendants on the other part, to settle, compromise, and
|
|||
|
resolve all the differences, disagreements, and disputes, which exist
|
|||
|
and may exist, including those which are the subject matter of,
|
|||
|
referred to, related to, or mentioned in the Action. Pursuant to this
|
|||
|
desire, and in consideration of the mutual promises contained herein,
|
|||
|
the parties agree as follows.
|
|||
|
|
|||
|
II CONSIDERATION
|
|||
|
|
|||
|
6. Upon the execution of this Agreement, defendants County of
|
|||
|
Riverside shall pay to plaintiffs, by check, the total sum of Thirty
|
|||
|
Thousand Dollars ($30,000), inclusive of attorney fees and cost.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Thu, 27 Jun 91 11:39:59 -0700
|
|||
|
From: gnu@TOAD.COM
|
|||
|
Subject: NIST announces public-key digital signature standard
|
|||
|
|
|||
|
Statement of Raymond G. Kammer, Deputy Director
|
|||
|
National Institute of Standards and Technology
|
|||
|
Before the Subcommittee on Technology and Competitiveness
|
|||
|
of the Committee on Science, Space, and Technology
|
|||
|
On Computer Security Implementation
|
|||
|
House of Representatives
|
|||
|
June 27, 1991
|
|||
|
|
|||
|
Digital Signature Standard
|
|||
|
|
|||
|
I know that you are interested in our progress in developing a federal
|
|||
|
digital signature standard based upon the principles of public-key
|
|||
|
cryptography. I am pleased to tell you that we are working out the
|
|||
|
final arrangements on the planned standard, and hope to announce later
|
|||
|
this summer our selection of a digital signature standard based on a
|
|||
|
variant of the ElGamal signature technique.
|
|||
|
|
|||
|
Our efforts in this area have been slow, difficult, and complex. We
|
|||
|
evaluated a number of alternative digital signature techniques, and
|
|||
|
considered a variety of factors in this review: the level of security
|
|||
|
provided, the ease of implementation in both hardware and software,
|
|||
|
the ease of export from the U.S., the applicability of patents and the
|
|||
|
level of efficiency in both the signature and verification functions
|
|||
|
that the technique performs.
|
|||
|
|
|||
|
In selecting digital signature technique method [sic], we followed the
|
|||
|
mandate contained in section 2 of the Computer Security Act of 1987 to
|
|||
|
develop standards and guidelines that ". . . assure the cost-effective
|
|||
|
security and privacy of sensitive information in Federal systems." We
|
|||
|
placed primary emphasis on selecting the technology that best assures
|
|||
|
the appropriate security of Federal information. We were also
|
|||
|
concerned with selecting the technique with the most desirable
|
|||
|
operating and use characteristics.
|
|||
|
|
|||
|
In terms of operating characteristics, the digital signature technique
|
|||
|
provides for a less computational-intensive signing function than
|
|||
|
verification function. This matches up well with anticipated Federal
|
|||
|
uses of the standard. The signing function is expected to be
|
|||
|
performed in a relatively computationally modest environment such as
|
|||
|
with smart cards. The verification process, however, is expected to
|
|||
|
be implemented in a computationally rich environment such as on
|
|||
|
mainframe systems or super-minicomputers.
|
|||
|
|
|||
|
With respect to use characteristics, the digital signature technique
|
|||
|
is expected to be available on a royalty-free basis in the public
|
|||
|
interest world-wide. This should result in broader use by both
|
|||
|
government and the private sector, and bring economic benefits to both
|
|||
|
sectors.
|
|||
|
|
|||
|
A few details related to the selection of this technique remain to be
|
|||
|
worked out. The government is applying to the U.S. Patent Office for
|
|||
|
a patent, and will also seek foreign protection as appropriate. As I
|
|||
|
stated, we intend to make the technique available world-wide on a
|
|||
|
royalty-free basis in the public interest.
|
|||
|
|
|||
|
A hashing function has not been specified by NIST for use with the
|
|||
|
digital signature standard. NIST has been reviewing various candidate
|
|||
|
hashing functions; however, we are not satisfied with any of the
|
|||
|
functions we have studied thus far. We will provide a hashing
|
|||
|
function that is complementary to the standard.
|
|||
|
|
|||
|
I want to speak to two issues that have been raised in the public
|
|||
|
debate over digital signature techniques. One is the allegation that
|
|||
|
a "trap door", a method for the surreptitious defeat of the security
|
|||
|
of this system, has been built into the technique that we are
|
|||
|
selecting. I state categorically that no trap door has been designed
|
|||
|
into this standard nor does the U.S. Government know of any which is
|
|||
|
inherent in the ElGamal signature method that is the foundation of our
|
|||
|
technique.
|
|||
|
|
|||
|
Another issue raised is the lack of public key exchange capabilities.
|
|||
|
I believe that, to avoid capricious activity, Public Key Exchange
|
|||
|
under control of a certifying authority is required for government
|
|||
|
applications. The details of such a process will be developed for
|
|||
|
government/industry use.
|
|||
|
|
|||
|
NIST/NSA Technical Working Group
|
|||
|
|
|||
|
Aspects of digital signature standard were discussed by the NIST/NSA
|
|||
|
Technical Working Group, established under the NIST/NSA Memorandum of
|
|||
|
Understanding. The Working Group also discussed issues involving the
|
|||
|
applicability of the digital signature algorithm to the classified
|
|||
|
community, cryptographic key management techniques, and the hashing
|
|||
|
function to be used in conjunction with the digital signature
|
|||
|
standard. Progress on these items has taken place; however, as with
|
|||
|
the digital signature standard, non-technical issues such as patents
|
|||
|
and exportability require examination, and this can be a lengthy
|
|||
|
process. We have found that working with NSA is productive. The
|
|||
|
Technical Working Group provides an essential mechanism by which NIST
|
|||
|
and NSA can conduct the technical discussions and exchange
|
|||
|
contemplated by the Computer Security Act and also allows us to
|
|||
|
address important issues drawing upon NSA's expertise.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: July 8, 1991
|
|||
|
From: Barbara E. McMullen & John F. McMullen
|
|||
|
Subject: Secret Service Pays Hacker Call (Reprint from Newsbytes)
|
|||
|
|
|||
|
SECRET SERVICE PAYS HACKER CALL 07/08/91
|
|||
|
|
|||
|
NEW YORK, NEW YORK U.S.A., 1991 JULY 8 (NB) -- According to a
|
|||
|
Pennsylvania teenage "hacker" known as "Wing", agents of the United
|
|||
|
States Secret Service visited his home and that of some friends
|
|||
|
asking questions about rumors they had allegedly received about the
|
|||
|
planting of "July 4th logic bombs".
|
|||
|
|
|||
|
Wing told Newsbytes that the agents arrived at his home and requested
|
|||
|
to talk to him about "rumors that he had planted logic bombs or
|
|||
|
viruses to go off on the 4th of July." Wing said that, on the advise
|
|||
|
of his father, he refused to discuss the matter with the agents, "The
|
|||
|
last time that the Secret Service was here my father told them not to
|
|||
|
come back again without a warrant so, when they did, I didn't talk to
|
|||
|
them. The whole thing is ridiculous anyhow. There was obviously no
|
|||
|
July 4th bombs and I certainly didn't plant any."
|
|||
|
|
|||
|
Wing also said that agents visited friends of his and "made one who
|
|||
|
is new to computers feel that he was doing something wrong by trying
|
|||
|
to log onto bulletin boards."
|
|||
|
|
|||
|
A Secret Service official, speaking to Newsbytes, confirmed that
|
|||
|
agents had attempted to interview Wing in relation to rumors of a
|
|||
|
July 4th attack on computer systems. The official also said that,
|
|||
|
because of Wing's juneville status, his parents have the right to
|
|||
|
deny the agents' request for an interview. The agent further said
|
|||
|
that, to his knowledge, there were no cases of computer attack on the
|
|||
|
4th of July.
|
|||
|
|
|||
|
Other law enforcement officials had told Newsbytes, previous to the
|
|||
|
July 4th holiday, that they had received rumors of such a planned
|
|||
|
attack but that they had little substantive material upon which to
|
|||
|
base an investigation. There have also been recent reports to
|
|||
|
Newsbytes from sysops of university and foundation computer systems
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in the Boston, MA area of attempted unauthorized access by an
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individual purporting to be Wing.
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------------------------------
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Date: Tue, 09 Jul 91 05:56:11 CDT
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From: Anonymous
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Subject: Calling the kettle black
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In an article in comp.org.eff.talk, David Turrell wrote,
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> Anyone caught using illegal copies of 1-2-3 who keeps on doing it
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> after being asked not to and at the same time expresses "utter
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> contempt" for Lotus' right should be made to wash lots and lots of
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> cars, and wax those that need it.
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You'd be surprised who would have to come clean. There's a very big
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company that has provided technical opinions, albeit with a few
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decimal places added, to Federal officials. Would those Federal
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officials turn on such a technical resource and accuse it of software
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piracy? Would they take the word of an ex-employee that the very big
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company kept megabytes of pirated software on company computers? That
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managers within the company knew of those computers and used that
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unlicensed software in furtherance of the company's business? Would
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it matter that a now-dead division of that very big company kept
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archives of pilfered copies of (among other titles) Harvard Project
|
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Manager, Microsoft Word, Procomm Plus, Lotus 1-2-3, and Word Perfect
|
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for company use? Within twenty feet of an ADAPSO/SPA anti-piracy
|
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poster? If there's one law enforcement official who wouldn't hesitate
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to ask some hard questions of this very big company, I'd hope that
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they'd come out of the electronic shadows in this forum, and declare
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in front of all of us that Justice is for the Big as well as the
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Small.
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Sign me,
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A Belated Whistle Blower
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P.S. Bothered by my anonymity? I am, too. Truth is, I think that the
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LE people who I'd hope to hear from will try and kick MY butt before
|
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they'll go after the employer of so many "expert witnesses". Wait and
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see.
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------------------------------
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End of Computer Underground Digest #3.25
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************************************
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