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>C O M P U T E R U N D E R G R O U N D<
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>D I G E S T<
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*** Volume 3, Issue #3.13 (April 20, 1991) **
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****************************************************************************
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MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
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ARCHIVISTS: Bob Krause / Alex Smith / Bob Kusumoto
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POETICA OBSCIVORUM REI: Brendan Kehoe
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+++++ +++++ +++++ +++++ +++++
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CONTENTS THIS ISSUE:
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File 1: From the Mailbag
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File 2: Response to RISKS DIGEST (#11.43-- Len Rose Case)
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File 3: Response to recent comments concerning Len Rose
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File 4: CU News
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+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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USENET readers can currently receive CuD as alt.society.cu-digest.
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Back issues are also available on Compuserve (in: DL0 of the IBMBBS sig),
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PC-EXEC BBS (414-789-4210), and at 1:100/345 for those on FIDOnet.
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Anonymous ftp sites: (1) ftp.cs.widener.edu (192.55.239.132);
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(2) cudarch@chsun1.uchicago.edu;
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(3) dagon.acc.stolaf.edu (130.71.192.18).
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E-mail server: 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 is
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cited. Some authors, however, do copyright their material, and those
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authors should be contacted for reprint permission. It is assumed
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that non-personal mail to the moderators may be reprinted unless
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otherwise specified. Readers are encouraged to submit reasoned
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articles relating to the Computer Underground. Articles are preferred
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to short responses. Please avoid quoting previous posts unless
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absolutely necessary.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Contributors assume all
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responsibility for assuring that articles submitted do not
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violate copyright protections.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: Various
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Subject: From the Mailbag
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Date: 20 April, 1991
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********************************************************************
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*** CuD #3.13: File 1 of 4: From the Mailbag ***
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********************************************************************
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From: hkhenson@CUP.PORTAL.COM
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Subject: reply to ATT letter responses
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Date: Tue, 16 Apr 91 19:52:24 PDT
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In CuD 3.12 peter@TARONGA.HACKERCORP.COM(Peter da Silva) notes:
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>Finally, I would like to note that unlike many of the posters
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>here I'm not going to try to excuse Rose's adding trapdoors to
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>login.c as either educational or providing support to AT&T
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>customers. His posession of this code was definitely illegal.
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>His use of it was, while perhaps protected under the first
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>amendment, hardly wise.
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I think all involved, especially Len Rose would agree with the last
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statement! I also agree with with Peter the posession of the source
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code was also illegal, but there is illegal and illegal. Copyright
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violation (which is a _civil_ matter) would have been the proper
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approach for ATT to take in the Len Rose case. However, ATT folks
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convinced agents of the US Government to make what should have been a
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civil case into a federal wire fraud case, with as much jail time as
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second degree murder. Now, if Len had profited in any significant way
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from his use of widely available source code, I could perhaps support
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making it into wire fraud. But next time you copy more than a page or
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two from a book in the library, look over your shoulder. If the
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publisher of the book can get the government to go after you . . . .
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In the same issue jrbd@CRAYCOS.COM(James Davies) complains
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>The press release published earlier in the same CuD issue makes
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>it clear that Rose's intent was to steal passwords and invade
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>systems. While the possession of AT&T source code was the charge
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>of which Rose was convicted, his actual crime (in a moral sense)
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>was the equivalent of manufacturing burglar's tools, or perhaps
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>of breaking and entering (although there isn't any evidence that
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>he actually did any of this, his intent was clearly to help
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>others do so). Nothing makes this more obvious than Rose's own
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>words, as quoted from the comments in his modified login.c by
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>the Secret Service press release:
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[quotes press release comments]
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And goes on:
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>I'm sorry, but these aren't the words of an innocent man.
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>Personally, I think that Rose is guilty of the exact same sort
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>of behaviour that gives hackers a bad name in the press, and I
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>think that you're crazy to be supporting him in this. Save your
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>indignation for true misjustices, ok?
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I'm sorry, but you are wrong. In *this* country, a person cannot be
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convicted on the basis of what they write, only on their actions.
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Otherwise, there could be no mystery stories. Len was never accused
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of breaking into any system. Why should he? He was *given* accounts
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on systems far and wide across the net, and *given* source code by ATT
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employees. The only reason Len came to the attention of ATT was
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through the SS/Bell South searching an electronic publisher's email
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(think about that.) For all the BS in the login.c comments, I consider
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Len to have been a positive element in the computer underground,
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influencing young explorers to respect and not damage data. (See the
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moderators papers on socializing forces in the Computer Underground.)
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Keith Henson
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PS You might want to consider the consequences of big companies
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getting in the habit of saving money on civil suits by using the
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Federal Government to harass and jail people they are unhappy with.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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From: scubed!pro-harvest.cts.com!wlup69%das@HARVUNXW.BITNET(Rob Heins)
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Subject: Response to article in CuD 3.12
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Date: Tue, 16 Apr 91 19:05:45 CDT
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In CuD 3.12, Bernie Cosell (cosell@BBN.COM) writes:
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|Consider: it is the middle of summer and you happen to be climbing in
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|the mountains and see a pack of teenagers roaming around an
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|abandoned-until-snow ski resort. There is no question of physical
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|harm to a person, since there will be no people around for months.
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|They are methodically searching EVERY truck, building, outbuilding,
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|shed, etc,. Trying EVERY window, trying to pick EVERY lock. When they
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|find something they can open, they wander into it, and emerge a while
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|later. From your vantage point, you can see no actual evidence of any
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|theft or vandalism, but then you can't actually see what they're doing
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|while they're inside whatever-it-is.
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|Should you call the cops? What should the charge be?
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Of course you should call the cops. Unless they are authorized to be
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on the property, (by the owner) they are trespassing, and in the case
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of picking locks, breaking and entering.
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However, you're trying to equate breaking into a ski resort with
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breaking into a computer system. The difference being:99 times out of
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100, the people breaking into a computer system only want to learn,
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have forgotten a password, etc...99 times out of 100, the people
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breaking into the ski resort are out for free shit.
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That's why it's such a good idea to have a chat with an unknown
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account on your system, to determine if they're there to destroy the
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place, or if they only want to see how Unix ticks...A wise person once
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said, "If they can do it once, chances are, they can do it again.
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|Would the answer be different if it were YOUR stuff they were sifting
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|through?
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The answer, of course, is no. Reason being that I've got the brains
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not leave data lying around a system with a dial-up that I don't want
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anyone to see. (Check out my directory at Pro-Harvest...All I have
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are a couple of CuD backissues, my sig file, and an ad for a hard
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drive that I forgot to respond to...)
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|2) I'm just as happy having that kind of "finding out" done by the
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|police and the courts --- that's their job and I'd just as soon not
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|get involved in the messy business [even if I could spare the time].
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|If you can't learn to act like a reasonable member of society for its
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|own sake, perhaps somewhat more painful measures will dissuade you
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|from "doing it again".
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Yeah...good philosophy. "Let's spend a couple hundred grand
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investigating something that the local sysop could take care of in two
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minutes of his 'Precious Time'". It seems to me that if you have the
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time to run a BBS, you have the time to perform ALL the duties a sysop
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with a couple of working brain cells should have...(Including the two
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minutes to write a 200 byte email note to somebody who's probably
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harmless. If they don't respond, then delete them. That's what, a
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three step procedure with about 5 minutes of cumulative "work"
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involved? (Even you can understand.) If you really want to keep
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someone out, set it up so that only root can create accounts.)
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If ol' Bernie wants to defend people's rights, maybe he should stick
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to his own, and leave mine and my non-crotchety-old-man friends'
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alone.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: mnemonic (Mike Godwin)
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Subject: Response to RISKS DIGEST (#11.43-- Len Rose Case)
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Date: Wed, 10 Apr 91 22:18:43 EDT
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********************************************************************
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*** CuD #3.13: File 2 of 4: Response to Len Rose Article (1) ***
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********************************************************************
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%Moderators' Note: The following article was written by Mike Godwin in
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response to a post by Jerry Leichter in RISKS #11.43.%
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++++
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Jerry Leichter <leichter@lrw.com> writes the following:
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>With all the verbiage about whether Len Rose was a "hacker" and why he did
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>what he in fact did, everyone has had to work on ASSUMPTIONS.
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This is false. I have worked closely on Len's case, and have access to
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all the facts about it.
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>Well, it turns
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>out there's now some data: A press release from the US Attorney in Chicago,
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>posted to the Computer Underground Digest by Gene Spafford.
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In general, a press release is not data. A press release is a document
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designed to ensure favorable press coverage for the entity releasing it.
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There are a few facts in the press release, however, and I'll deal with
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them below.
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[Jerry quotes from the press release:]
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> In pleading guilty to the Chicago charges, Rose acknowledged that when
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> he distributed his trojan horse program to others he inserted several
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> warnings so that the potential users would be alerted to the fact that
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> they were in posession of proprietary AT&T information. In the text of
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> the program Rose advised that the source code originally came from
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> AT&T "so it's definitely not something you wish to get caught with."
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> and "Warning: This is AT&T proprietary source code. DO NOT get caught
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> with it."
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Although I am a lawyer, it does not take a law degree to see that this
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paragraph does not support Jerry's thesis--that Len Rose is interested
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in unauthorized entry into other people's computers. What it does
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show is that Len knew that he had no license for the source code in
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his possession. And, in fact, as a careful reader of the press release
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would have noted, Len pled guilty only to possession and transmission
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of unlicensed source, not to *any* unauthorized entry or any scheme
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for unauthorized entry, in spite of what is implied in the press
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release.
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[Jerry quotes "Terminus's" comments in the modified code:]
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>Hacked by Terminus to enable stealing passwords.
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>This is obviously not a tool to be used for initial
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>system penetration, but instead will allow you to
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>collect passwords and accounts once it's been
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>installed. (I)deal for situations where you have a
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>one-shot opportunity for super user privileges..
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>This source code is not public domain..(so don't get
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>caught with it).
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>
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>I can't imagine a clearer statement of an active interest in breaking into
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>systems, along with a reasonable explanation of how and when such code could
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>be effective.
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Indeed, it *can* be interpreted as a clear statement of an active
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interest in breaking into systems. What undercuts that interpretation,
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however, is that there is no evidence that Len Rose ever broke into
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any systems. Based on all the information available, it seems clear
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that Rose had authorized access in every system for which he sought
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it.
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What's more, there is no evidence that anyone ever took Rose's code
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and used it for hacking. There is no evidence that anyone ever took
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any *other* code of Rose's and used it for hacking.
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What Rose did is demonstrate that he could write a password-hacking
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program. Jerry apparently is unaware that some computer programmers
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like to brag about the things they *could* do--he seems to interpret
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such bragging as evidence of intent to do illegal acts. But in the
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absence of *any* evidence that Rose ever took part in unauthorized
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entry into anyone's computers, Jerry's interpretation is unfounded,
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and his posted speculations here are both irresponsible and cruel, in
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my opinion.
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Rose may have done some foolish things, but he didn't break into
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people's systems.
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>The only thing that will convince me, after reading this, that Rose was NOT an
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>active system breaker is a believable claim that either (a) this text was not
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>quoted correctly from the modified login.c source; or (b) Rose didn't write
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>the text, but was essentially forced by the admitted duress of his situation
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>to acknowledge it as his own.
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In other words, Jerry says, the fact that Rose never actually tried
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to break into people's systems doesn't count as evidence "that Rose was
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NOT an active system breaker." This is a shame. One would hope that
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even Jerry might regard this as a relevant fact.
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Let me close here by warning Jerry and other readers not to accept
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press releases--even from the government--uncritically. The government
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has a political stake in this case: it feels compelled to show that
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Len Rose was an active threat to other people's systems, so it has
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selectively presented material in its press release to support that
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interpretation.
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But press releases are rhetorical devices. They are designed to shape
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opinion. Even when technically accurate, as in this case, they can
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present the facts in a way that implies that a defendant was far more
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of a threat than he actually was. This is what happened in Len Rose's
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case.
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It bears repeating: there was no evidence, and the government did not
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claim, that Len Rose had ever tried to break into other people's
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systems, or that he took part in anyone else's efforts to do so.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: louisg <louisg@VPNET.CHI.IL.US>
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Subject: Response to recent comments concerning Len Rose
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Date: Wed, 17 Apr 91 23:53:44 CDT
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********************************************************************
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*** CuD #3.13: File 3 of 4: Response to Len Rose Article (2) ***
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********************************************************************
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In CuD 312 Mr. James Davies wrote a letter expressing his feelings on
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the Len Rose case. I feel that he and many others are missing the
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larger point of the issue, as I will try to describe.
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>Subject: Len Rose
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>From: jrbd@CRAYCOS.COM(James Davies)
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>Keith Hansen and Arel Lucas in CuD #3.11 shared with us their letter
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>to AT&T expressing their anger at the arrest and conviction of Len
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>Rose (among other things). Well, I have to disagree with their
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>conclusions in this case -- Len Rose is not an innocent martyr,
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>crucified by an evil corporation for benevolently giving unpaid
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>support to AT&T software users, as Hansen and Lucas attempted to
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>portray him.
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Mr. Davies is quite correct when he states that Len was not innocent
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of certain criminal acts as defined by current law. The trial has
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come and gone, and Len pleaded guilty. Mr. Davies even provides
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evidence of Mr. Rose's intent. Whether it is 'court-quality' evidence
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or not, it should convince the reader that Len was guilty of something
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or other. By checking the references that Mr. Davies provides, his
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case of Rose's guilt is made even stronger. I am stating this since I
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want to make it *clear* that I am NOT questioning the guilt of Mr. Rose.
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What I must question, however, is what happened to Mr. Rose.
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Mr. Rose commited white-collar crimes. He did not physically injure
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or maim or kill anyone. His crime was money-related. He did not
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steal from a 75 year-old on social security, giving her a kick in the
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ribs for good luck on his way out. The way he was treated, however,
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suggests that he committed a crime of the most heinous nature.
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For a felony violent crime, I could understand and even in some cases
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promote strict treatment of the accused before the trial. For a white
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collar crime that does not threaten the solvency of a company or
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persons I cannot.
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Len Rose posed a risk to no person or company after his warrant was
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served. Before he was even put on trial, he had almost all of his
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belongings taken away, was harassed (in my opinion) by the
|
|||
|
authorities, and left without a means for supporting himself and his
|
|||
|
family. Why? Because he had Unix source code. Does this seem just to
|
|||
|
you? It would be very different if he had 55 warrants for rape and
|
|||
|
murder in 48 states listing him as the accused, but he didn't. He
|
|||
|
lost everything *before* the trial, and, as a result, was almost
|
|||
|
forced into pleading guilty. All this for copyright violations, as I
|
|||
|
see it, or felony theft as others may see it.
|
|||
|
|
|||
|
The problem here is the *same* as in the Steve Jackson case. The
|
|||
|
person who was served the warrant (he wasn't even charged yet!!!!)
|
|||
|
lost everything. They were punished not only before a conviction,
|
|||
|
before a trial, but before they were even charged with a crime!!!
|
|||
|
|
|||
|
This, for a non-violent, white-collar crime that did not directly
|
|||
|
threaten a person or company with bankruptcy. In Jackson's case, he
|
|||
|
was even innocent!
|
|||
|
|
|||
|
>Personally, I think that Rose is guilty of the exact same sort of
|
|||
|
>behaviour that gives hackers a bad name in the press, and I think that
|
|||
|
>you're crazy to be supporting him in this. Save your indignation for
|
|||
|
>true misjustices, ok?
|
|||
|
|
|||
|
If this isn't an injustice, then I don't know what is. If this sort
|
|||
|
of treatment of the accused seems just to you, Mr. Davies, then may I
|
|||
|
suggest a position in the secret police of some Fascist country as a
|
|||
|
fitting career move on your part. The fact that Len was guilty does
|
|||
|
not nullify the maltreatment of him, his family, and his equipment
|
|||
|
before his trial. It in no wise makes it right. This sort of action
|
|||
|
gives law enforcement a bad name. I'm sure that I would share your
|
|||
|
views if the accused was a habitual criminal and he
|
|||
|
presented a threat to the public. He wasn't, and presented little or
|
|||
|
no threat at the time of the warrant. Law enforcement is there to
|
|||
|
protect the public, and not to convict the guilty. That is a job for
|
|||
|
the courts and a jury of one's peers as stipulated in the U.S.
|
|||
|
Constitution. I suggest you glance at it before you restate that
|
|||
|
there was no "misjustice" (sic) here.
|
|||
|
|
|||
|
********************************************************************
|
|||
|
>> END OF THIS FILE <<
|
|||
|
***************************************************************************
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
From: Various
|
|||
|
Subject: CU News
|
|||
|
Date: April 20, 1991
|
|||
|
|
|||
|
********************************************************************
|
|||
|
*** CuD #3.13: File 4 of 4: The CU in the News ***
|
|||
|
********************************************************************
|
|||
|
|
|||
|
From: Anonymous
|
|||
|
Subject: Newsweek article--Cyberpunks and Constitution
|
|||
|
Date: Wed, 9 Apr 91 16:22:18 EST
|
|||
|
|
|||
|
Cyberpunks and the Constitution
|
|||
|
The fast-changing technologies of the late 20th century pose
|
|||
|
a challenge to American laws and principles of ages past
|
|||
|
|
|||
|
By PHILLIP ELMER-DEWITT
|
|||
|
SAN FRANCISCO
|
|||
|
|
|||
|
Armed with guns and search warrants, 150 Secret Service agents staged
|
|||
|
surprise raids in 14 American cities one morning last May, seizing 42
|
|||
|
computers and tens of thousands of floppy disks. Their target: a
|
|||
|
loose-knit group of youthful computer enthusiasts suspected of
|
|||
|
trafficking in stolen credit-card numbers, telephone access codes and
|
|||
|
other contraband of the information age. The authorities intended to
|
|||
|
send a sharp message to would-be digital desperadoes that computer
|
|||
|
crime does not pay. But in their zeal, they sent a very different
|
|||
|
message - one that chilled civil libertarians. By attempting to crack
|
|||
|
down on telephone fraud, they shut down dozens of computer bulletin
|
|||
|
boards that may be as fully protected by the U.S. Constitution as the
|
|||
|
words on this page.
|
|||
|
|
|||
|
Do electronic bulletin boards that may list stolen access codes enjoy
|
|||
|
protection under the First Amendment? That was one of the thorny
|
|||
|
questions raised last week at an unusual gathering of computer
|
|||
|
hackers, law-enforcement officials and legal scholars sponsored by
|
|||
|
Computer Professionals for Social Responsibility. For four days in
|
|||
|
California's Silicon Valley, 400 experts struggled to sort out the
|
|||
|
implications of applying late-18th century laws and legal principles
|
|||
|
to the fast-changing technologies of the late 20th century.
|
|||
|
|
|||
|
While the gathering was short on answers, it was long on tantalizing
|
|||
|
questions. How can privacy be ensured when computers record every
|
|||
|
phone call, cash withdrawal and credit-card transaction? What
|
|||
|
"property rights" can be protected in digital electronic systems that
|
|||
|
can create copies that are indistinguishable from the real thing?
|
|||
|
What is a "place" in cyberspace, the universe occupied by audio and
|
|||
|
video signals traveling across state and national borders at nearly
|
|||
|
the speed of light? Or as Harvard law professor Laurence Tribe aptly
|
|||
|
summarized, "When the lines along which our Constitution is drawn warp
|
|||
|
or vanish, what happens to the Constitution itself?"
|
|||
|
|
|||
|
Tribe suggested that the Supreme Court may be incapable of keeping up
|
|||
|
with the pace of technological change. He proposed what many will
|
|||
|
consider a radical solution: a 27th Amendment that would make the
|
|||
|
information-related freedoms guaranteed in the Bill of Rights fully
|
|||
|
applicable "no matter what the technological method or medium" by
|
|||
|
which that information is generated, stored or transmitted. While
|
|||
|
such a proposal is unlikely to pass into law, the fact that one of the
|
|||
|
country's leading constitutional scholars put it forward may persuade
|
|||
|
the judiciary to focus on the issues it raises. In recent months,
|
|||
|
several conflicts involving computer-related privacy and free speech
|
|||
|
have surfaced:
|
|||
|
|
|||
|
-- When subscribers to Prodigy, a 700,000-member information system
|
|||
|
owned by Sears and IBM, began posting messages protesting a rate hike,
|
|||
|
Prodigy officials banned discussion of the topic in public forums on
|
|||
|
the system. After protesters began sending private mail messages to
|
|||
|
other members - and to advertisers - they were summarily kicked off
|
|||
|
the network.
|
|||
|
|
|||
|
-- When Lotus Development Corp. of Cambridge, Mass., announced a joint
|
|||
|
venture with Equifax, one of the country's largest credit-rating
|
|||
|
bureaus, to sell a personal-computer product that would contain
|
|||
|
information on the shopping habits of 120 million U.S. households, it
|
|||
|
received 30,000 calls and letters from individuals asking that their
|
|||
|
names be removed from the data base. The project was quietly canceled
|
|||
|
in January.
|
|||
|
|
|||
|
-- When regional telephone companies began offering Caller ID, a
|
|||
|
device that displays the phone numbers - including unlisted ones - of
|
|||
|
incoming calls, many people viewed it as an invasion of privacy.
|
|||
|
Several states have since passed laws requiring phone companies to
|
|||
|
offer callers a "blocking" option so that they can choose whether or
|
|||
|
not to disclose their numbers. Pennsylvania has banned the service.
|
|||
|
|
|||
|
But the hacker dragnets generated the most heat. Ten months after the
|
|||
|
Secret Service shut down the bulletin boards, the government still has
|
|||
|
not produced any indictments. And several similar cases that have
|
|||
|
come before courts have been badly flawed. One Austin-based game
|
|||
|
publisher whose bulletin-board system was seized last March is
|
|||
|
expected soon to sue the government for violating his civil liberties.
|
|||
|
|
|||
|
There is certainly plenty of computer crime around. The Secret
|
|||
|
Service claims that U.S. phone companies are losing $1.2 billion a
|
|||
|
year anc credit-card providers another $1 billion, largely through
|
|||
|
fraudulent use of stolen passwords and access codes. It is not clear,
|
|||
|
however, that the cyberpunks rounded up in dragnets like last May's
|
|||
|
are the ones committing the worst offenses. Those arrested were
|
|||
|
mostly teenagers more intent on showing off their computer skills than
|
|||
|
padding their bank accounts. One 14-year-old from New York City, for
|
|||
|
instance, apparently specialized in taking over the operation of
|
|||
|
remote computer systems and turning them into bulletin boards - for
|
|||
|
his friends to play on. Among his targets, say police, was a Pentagon
|
|||
|
computer belonging to the Secretary of the Air Force. "I regard
|
|||
|
unauthorized entry into computer systems as wrong and deserving of
|
|||
|
punishment," says Mitch Kapor, the former president of Lotus.
|
|||
|
|
|||
|
And yet Kapor has emerged as a leading watchdog for freedom in the
|
|||
|
information age. He views the tiny bulletin-board systems as the
|
|||
|
forerunners of a public computer network that will eventually connect
|
|||
|
households across the country. Kapor is worried that legal precedents
|
|||
|
set today may haunt all Americans in the 21st century. Thus he is
|
|||
|
providing funds to fight for civil liberties in cyberspace the best
|
|||
|
way he knows how - one case at a time.
|
|||
|
|
|||
|
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
|||
|
|
|||
|
From: Cyber City Public Access BBS * Toronto, Canada * 416/593-6000
|
|||
|
Subject: Canada is Accused of using Stolen Software
|
|||
|
Date: Wed, 10 Apr 91 11:19:48 EDT
|
|||
|
|
|||
|
(Reprinted with permission:
|
|||
|
1. The article must be reproduced in full
|
|||
|
2. The Financial Post must be credited somewhere in the article.
|
|||
|
The article's date was Friday, April 5th, 1991.)
|
|||
|
|
|||
|
CANADA IS ACCUSED OF USING STOLEN SOFTWARE
|
|||
|
|
|||
|
By Eric Reguly and Alan Friedman
|
|||
|
Financial Post and Financial Times of London
|
|||
|
|
|||
|
NEW YORK -- Government agencies in Canada and other countries are using
|
|||
|
computer software that was stolen from a Washington-based company by the
|
|||
|
U.S. Department of Justice, according to affidavits filed in a U.S.
|
|||
|
court case.
|
|||
|
|
|||
|
In a complex case, several nations, as well as some well-known
|
|||
|
Washington insiders - including the national security advisor to former
|
|||
|
President Ronald Reagan, Robert McFarlane - are named as allegedly
|
|||
|
playing a role.
|
|||
|
|
|||
|
The affidavits were filed in recent weeks in support of a
|
|||
|
Washington-based computer company called Inslaw Inc., which claims that
|
|||
|
its case-tracking software, known as Promis, was stolen by the U.S.
|
|||
|
Department of Justice and eventually ended up in the hands of the
|
|||
|
governments of Israel, Canada and Iraq.
|
|||
|
|
|||
|
NEW MOTION
|
|||
|
Yesterday, lawyers for Inslaw filed a new motion in federal bankruptcy
|
|||
|
court in Washington demanding the power to subpoena information from the
|
|||
|
Canadian government on how Ottawa came to acquire Promis software. The
|
|||
|
motion states, "The evidence continues to mount that Inslaw's
|
|||
|
proprietary software is in Canada."
|
|||
|
|
|||
|
The affidavits allege that Promis - designed to keep track of cases and
|
|||
|
criminals by government agencies - is in use by the RCMP and the
|
|||
|
Canadian Security Intelligence Service.
|
|||
|
|
|||
|
The Canadian Department of Communications is referring calls on the
|
|||
|
subject to the department's lawyer, John Lovell in Ottawa, while a CSIS
|
|||
|
spokesman will not confirm or deny whether the agency uses the software.
|
|||
|
"No one is aware of the program's existence here," Corporal DEnis
|
|||
|
Deveau, Ottawa-based spokesman for the RCMP, said yesterday.
|
|||
|
|
|||
|
The case of Inslaw, which won a court victory against the Justice
|
|||
|
Department in 1987, at first glance appears to be an obscure lawsuit by
|
|||
|
a small business that was forced into bankruptcy because of the loss of
|
|||
|
its proprietary software.
|
|||
|
|
|||
|
But several members of the Washington establishment are suggesting
|
|||
|
Inslaw may have implications for U.S. foreign policy in the Middle East.
|
|||
|
The Case already has some unusual aspects.
|
|||
|
|
|||
|
At least one judge has refused to handle it because of potential
|
|||
|
conflicts of interest, and a key lawyer representing Inslaw is Elliot
|
|||
|
Richardson, a former U.S. attorney general and ambassador to Britain who
|
|||
|
is remembered for his role in standing up to Richard Nixon during the
|
|||
|
Watergate scandal.
|
|||
|
|
|||
|
Richardson yesterday told the Financial Times of London and The
|
|||
|
Financial Post that: "Evidence of the widespread ramifications of the
|
|||
|
Inslaw case comes from many sources and keeps accumulating."
|
|||
|
|
|||
|
A curious development in the Inslaw case is that the Department of
|
|||
|
Justice has refused to provide documents relating to Inslaw to Jack
|
|||
|
Brook, chairman of the Judiciary Committee of the House of
|
|||
|
Representatives.
|
|||
|
|
|||
|
Richardson said, "It remains inexplicable why the Justice Department
|
|||
|
consistently refuses to pursue this evidence and resists co-operation
|
|||
|
with the Judiciary Committee of the House of Representatives."
|
|||
|
|
|||
|
The Inslaw case began in 1982 when the company accepted a US $10-million
|
|||
|
contract to install its Promis case management software at the
|
|||
|
Department of Justice. In 1983 the government agency stopped paying
|
|||
|
Inslaw and the firm went into Chapter 11 bankruptcy proceedings.
|
|||
|
|
|||
|
Inslaw sued Justice in 1986 and the trial took place a year later. The
|
|||
|
result of the trial in 1987 was a ruling by a federal bankruptcy court
|
|||
|
in Inslaw's favor.
|
|||
|
|
|||
|
The ruling said that the Justice Department "took, converted, stole"
|
|||
|
Promis software through "trickery, fraud and deceit" and then conspired
|
|||
|
to drive Inslaw out of business.
|
|||
|
|
|||
|
That ruling, which received little publicity at the time, was upheld by
|
|||
|
the U.S. District Court in Washington in 1989, but Justice lodged an
|
|||
|
appeal last year in an attempt to overturn the judgement that it must
|
|||
|
pay Inslaw US $6.1 million (C $7.1 million) in damages and US $1.2
|
|||
|
million in legal fees.
|
|||
|
|
|||
|
The affidavits filed in recent weeks relate to an imminent move by
|
|||
|
Richardson on behalf of Inslaw to obtain subpoena power in order to
|
|||
|
demand copies of the Promis software that the company alleges are
|
|||
|
being used by the Central Intelligence Agency and other U.S.
|
|||
|
intelligence services that did not purchase the technology from Inslaw.
|
|||
|
|
|||
|
In the affidavit relating to McFarlane that was filed on March 21, Ari
|
|||
|
Ben-Menashe, a former Israeli intelligence officer, claims that
|
|||
|
McFarlane had a "special" relationship with Israeli intelligence
|
|||
|
officials. Ben-Menashe alleges that in a 1982 meeting in Tel Aviv, he
|
|||
|
was told that Israeli intelligence received the software from McFarlane.
|
|||
|
|
|||
|
FLORIDA COMPANY
|
|||
|
|
|||
|
McFarlane has stated that he is "very puzzled" by the allegations that
|
|||
|
he passed any of the software to Israel. He has termed the claims
|
|||
|
"absolutely false".
|
|||
|
|
|||
|
Another strange development is the status of Michael Riconosciuto, a
|
|||
|
potential witness for Inslaw who once worked with a Florida company that
|
|||
|
sought to develop weapons, including fuel-air explosives and chemical
|
|||
|
agents.
|
|||
|
|
|||
|
Riconosciuto claimed in his affidavit that in February he was called by
|
|||
|
a former Justice Department official who warned him against co-op
|
|||
|
with the House Judiciary Committee's investigation into Inslaw.
|
|||
|
Riconosciuto was arrested last weekend on drug charges, but claimed he
|
|||
|
had been "set up".
|
|||
|
|
|||
|
In his March 21 affidavit, Riconosciuto says he modified Promis software
|
|||
|
for law enforcement and intelligence agencies. "Some of the
|
|||
|
modifications that I made were specifically designed to facilitate the
|
|||
|
implementation of Promis within two agencies of the government of
|
|||
|
Canada... The propriety (sic) version of Promis, as modified by me,
|
|||
|
was, in fact, implemented in both the RCMP and the CSIS in Canada."
|
|||
|
|
|||
|
On Monday, Richardson and other lawyers for Inslaw will file a motion in
|
|||
|
court seeking the power to subpoena copies of the Promis software from
|
|||
|
U.S. Intelligence agencies.
|
|||
|
|
|||
|
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
|||
|
|
|||
|
From: fitz@WANG.COM(Tom Fitzgerald)
|
|||
|
Subject: Police confiscate computer equipment dialing wrong number
|
|||
|
Date: Mon, 15 Apr 91 19:11:51 EDT
|
|||
|
|
|||
|
<><><><><><><> T h e V O G O N N e w s S e r v i c e <><><><><><><><>
|
|||
|
|
|||
|
Edition : 2301 Monday 15-Apr-1991 Circulation : 8526
|
|||
|
|
|||
|
[Mike Taylor, VNS Correspondent]
|
|||
|
[Littleton, MA, USA ]
|
|||
|
|
|||
|
Police Confiscate Computer Equipment Dialing Wrong Number
|
|||
|
|
|||
|
SAN LUIS OBISPO, CALIFORNIA, U.S.A., 1991 APR 3 (NB) --Ron Hopson
|
|||
|
got a call at work from his neighbor who informed him police broke
|
|||
|
down his front door, and were confiscating his computer equipment.
|
|||
|
The report, in the San Luis Obispo (SLO) Telegram-Tribune, quoted
|
|||
|
Hopson as saying, "They took my stuff, they rummaged through my
|
|||
|
house, and all the time I was trying to figure out what I did, what
|
|||
|
this was about. I didn't have any idea."
|
|||
|
|
|||
|
According to the Telegram-Tribune, Hopson and three others were
|
|||
|
accused by police of attempting to break into the bulletin board
|
|||
|
system (BBS) containing patient records of SLO dermatologists
|
|||
|
Longabaugh and Herton. District Attorney Stephen Brown told
|
|||
|
Newsbytes that even though the suspects (two of which are Cal Poly
|
|||
|
students) did not know each other, search warrants were issued after
|
|||
|
their phone numbers were traced by police as numbers attempting
|
|||
|
access to the dermatologists' system by modem "more than three times
|
|||
|
in a single day."
|
|||
|
|
|||
|
Brown told Newsbytes the police wouldn't have been as concerned if
|
|||
|
it had been the BBS of a non-medical related company, but faced with
|
|||
|
people trying to obtaining illegal narcotics by calling pharmacies
|
|||
|
with fraudulent information...
|
|||
|
|
|||
|
What the suspects had in common was the dermatologists' BBS phone
|
|||
|
number programmed into their telecommunications software as the
|
|||
|
Cygnus XI BBS. According to John Ewing, secretary of the SLO
|
|||
|
Personal Computer Users Group (SLO PC UG), the Cygnus XI BBS was a
|
|||
|
public BBS that operated in SLO, but the system operator (sysop)
|
|||
|
moved less than a year ago and discontinued the board. It appears
|
|||
|
the dermatologists inherited the number.
|
|||
|
|
|||
|
John Ewing, SLO PCUG editor, commented in the SLO PC UG newsletter,
|
|||
|
"My personal opinion is that the phone number [for the Cygnus XI
|
|||
|
BBS] is still listed in personal dialing directories as Cygnus XI,
|
|||
|
and people are innocently calling to exchange information and
|
|||
|
download files. These so-called hackers know that the password they
|
|||
|
used worked in the past and attempt to connect several times. The
|
|||
|
password may even be recorded as a script file [an automatic log-on
|
|||
|
file]. If this is the case, my sympathies go out to those who have
|
|||
|
had their hardware and software confiscated."
|
|||
|
|
|||
|
Bob Ward, secretary of the SLO PC UG, told Newsbytes, "The number
|
|||
|
[for Cygnus XI] could have been passed around the world. And, as a
|
|||
|
new user, it would be easy to make three mistaken calls. The board
|
|||
|
has no opening screen, it just asks for a password. So, you call
|
|||
|
once with your password, once more trying the word NEW, and again to
|
|||
|
try GUEST."
|
|||
|
|
|||
|
%contributed by Barry Wright to RISKS-FORUM Digest V4.38%
|
|||
|
%contributed by Wes Plouff%
|
|||
|
|
|||
|
<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>
|
|||
|
Please send subscription and backissue requests to CASEE::VNS
|
|||
|
|
|||
|
Permission to copy material from this VNS is granted (per DIGITAL PP&P)
|
|||
|
provided that the message header for the issue and credit lines for the
|
|||
|
VNS correspondent and original source are retained in the copy.
|
|||
|
|
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<><><><><><><> VNS Edition : 2301 Monday 15-Apr-1991 <><><><><><><>
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From: Gordon Meyer <72307.1502@COMPUSERVE.COM>
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Subject: The CU in South Africa (Reprint from Mondo)
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Date: 10 Apr 91 01:24:37 EDT
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This 'letter to the editor' appeared in the Winter '91 issue of _Mondo
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2000_. It provides insight and a first hand account of CU interest in
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South Africa.
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-------
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Great that you could help us information hackers down here in South
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Africa. Things are probably a lot more simple in our country than yours
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- recent events such as a march on the South Africa Broadcasting
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Corporation SABC, demanding that they free the airwaves will recall
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similar events in the 60's USA. Our brains have stagnated in a cultural
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wilderness which has more in common with your local totalitarian
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bananastate than the subtle manipulations of western 'democracy.'
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Anyway, I mean 'simple' in the sense that two thirds of our population
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has no electricity. Solution = give them electricity. Our country
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produces 60% of Africa's electric output so there is more than enough.
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But here's where you people are important: tho achieve any of the
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seemingly simple goals of basic human rights we need to know how to hack
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information really well. High tech has the capability of processing and
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transmitting large amounts of info, a characteristic that the security
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branch and Dept. for Information found really useful in tracking down
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radicals.
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Example: in one case someone on the run used his Autobank ATM card - it
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was promptly swallowed and when he enquired as to the reason at his
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friendly bank - he was promptly arrested - yes, they actually programmed
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the ATM to trap those in the underground. Now activists have realized
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that to counter such a monopoly on tech-know-how and manipulation, they
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have to become techno-radicals, hackers of the establishments of
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knowledge, etc. We're working with a group of former teachers who have
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been given computers by the government in 1985 to appease the local
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community (a rather pathetic attempt) who then subsequently decided to
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use those 'gifts' against the very people who had given them - by
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radicalizing computers and spreading this knowledge. We have made
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copies of your very relevant mag and distributed to those individuals
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able to carry out hacking attempts. You're important players in the
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process of spreading the hacking ethic via the print media - something
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which should not be under-estimated, especially in a country such as ours
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where merely being able to read is in itself a revolutionary act. The
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Kagenna project is one which has attempted to use the ethic - by letting
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information loose into a stagnant society - anything can happen. The
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green hue is both important and convenient - in a country of many
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barriers, it is one of the few topics which cuts across all prejudices of
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race and class. We probably seem pretty tame to you folks, but in the
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absence of independent media, we tread a fine line. So if you keep
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sending us the MONDOs, we will Kagenna plus updates on hacking here and
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any interesting info we come across - let us know whether this is fine
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with you. We await the birth of the African Cyberpunk Hacker Movement -
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a somewhat difficult labour.
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Yours in solidarity,
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Ted Head (kagenna techno-peasant)
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PO Box 4713
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Cape Town 8000
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New South Africa.
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SOURCE: MONDO 2000 #3 (Winter 1991) pp 14-15 "Letters/FAX/Email"
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********************************************************************
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------------------------------
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**END OF CuD #3.13**
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********************************************************************
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