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890 lines
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****************************************************************************
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>C O M P U T E R U N D E R G R O U N D<
|
||
>D I G E S T<
|
||
*** Volume 2, Issue #2.13 (November 25 1990) **
|
||
****************************************************************************
|
||
|
||
MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
|
||
ARCHIVISTS: Bob Krause / Alex Smith / Brendan Kehoe
|
||
USENET readers can currently receive CuD as alt.society.cu-digest.
|
||
|
||
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
information among computerists and to the presentation and debate of
|
||
diverse views. CuD material may be reprinted as long as the source is
|
||
cited. Some authors, however, do copyright their material, and those
|
||
authors should be contacted for reprint permission.
|
||
It is assumed that non-personal mail to the moderators may be reprinted
|
||
unless otherwise specified. Readers are encouraged to submit reasoned
|
||
articles relating to the Computer Underground.
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
DISCLAIMER: The views represented herein do not necessarily represent the
|
||
views of the moderators. Contributors assume all responsibility
|
||
for assuring that articles submitted do not violate copyright
|
||
protections.
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
||
CONTENTS:
|
||
File 1: Moderators' Corner
|
||
File 2: EPIC (Effective Performance in Candidates)
|
||
File 3: The Riggs Sentencing (reprint from Newsbytes)
|
||
File 4: First Conference on Computers, Freedom & Privacy
|
||
File 5: Hackers Break into DEA Lines
|
||
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
||
----------------------------------------------------------------------
|
||
|
||
********************************************************************
|
||
*** CuD #2.13: File 1 of 5: Moderator's corner ***
|
||
********************************************************************
|
||
|
||
From: Moderators
|
||
Subject: Moderators' Corner
|
||
Date: November 25 1990
|
||
|
||
++++++++++
|
||
In this file:
|
||
1. CORRECTION ON SJG AFFIDAVIT
|
||
2. LEN ROSE UPDATE
|
||
3. NEW FTP SITE
|
||
++++++++++
|
||
|
||
+++++++++++++++++++++
|
||
Correction of SJG Affidavit
|
||
+++++++++++++++++++++
|
||
|
||
In CuD 2.11, we reprinted the search affidavit used for the Steve Jackson
|
||
Games raid. We included several pages of logs from The Phoenix Project.
|
||
These logs *WERE NOT* originally attached to the affidavit, but were sent to
|
||
us independently of that document as background. The judge apparently never
|
||
saw the logs. Having read them, one wonders if the investigator did either,
|
||
because it defies all sane logic to impute involvement in a criminal "scheme"
|
||
merely by explaining that Kermit is a 7-byte transfer protocol used primarily
|
||
on mainframes. If you have not read the document, we recommend it.
|
||
|
||
++++++++++++
|
||
Len Rose Update
|
||
++++++++++++
|
||
|
||
As of this week, Len Rose had not yet been indicted for the Illinois
|
||
charges. Len was arrested in late October on state charges alleging
|
||
computer tampering a few days after taking a job in Naperville, Ill. The
|
||
original indictment date was postponed by the state. His legal
|
||
difficulties, which some of us find the result of overzealous federal
|
||
prosecution, continue to hamper his employment possibilities.
|
||
|
||
Sheldon Zenner, the attorney who successfully defended Craig Neidorf, has
|
||
agreed to channel donations to Len for those wishing to support him. *THIS
|
||
IS NOT* a legal defense fund, but humanitarian assistance to provide food,
|
||
rent, and utilities for wife and family.
|
||
|
||
Len Rose Donation
|
||
c/o Sheldon Zenner
|
||
Katten, Muchin and Zavis
|
||
525 W. Monroe, Suite 1600
|
||
Chicago, IL 60606
|
||
|
||
+++++++++++++++++
|
||
New FTP Site
|
||
+++++++++++++++++
|
||
|
||
Another ftp site has been added from which CuD back issues and other
|
||
archives may be obtained. The hours are limited from 6 pm to 6 am. The
|
||
following should get you on it:
|
||
|
||
% ftp cs.widener.edu
|
||
or % ftp 192.55.239.132
|
||
|
||
Connected to cs.widener.edu.
|
||
220 titan FTP server (SunOS 4.1) ready.
|
||
Name (cs.widener.edu:): <enter 'anonymous'>
|
||
Password (cs.widener.edu:anonymous): <enter your email address>
|
||
331 Guest login ok, send ident as password.
|
||
230 Guest login ok, access restrictions apply.
|
||
ftp> cd pub/cud
|
||
ftp> dir
|
||
... blah blah blah ...
|
||
ftp> quit
|
||
221 Goodbye.
|
||
|
||
fingers!
|
||
|
||
NOTE: Be sure to use your e-mail address for the password or it
|
||
not let you on.
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: Jeffery Aldrich <well!jefrich@APPLE.COM>
|
||
Subject: EPIC (Effective Performance in Candidates)
|
||
Date: Tue, 20 Nov 90 16:37:51 pst
|
||
|
||
********************************************************************
|
||
*** CuD #2.13: File 2 of 5: EPIC Project (by Jeff Aldrich) ***
|
||
********************************************************************
|
||
|
||
Constitutional Rights and the Electronic Community
|
||
(Copyright, 1990)
|
||
|
||
Even if you're on the right track, you'll
|
||
get run over if you just sit there.
|
||
|
||
Will Rogers
|
||
|
||
CPSR (Computer Professionals for Social Responsibility) and the EFF
|
||
(Electronic Frontier Foundation) have done a great deal in a very short
|
||
time to awaken the political consciousness of the electronic community.
|
||
The EFF managed to take some of the steam from the enforcement train
|
||
railroading members of the CU and gave this community its first taste of
|
||
political victory. No doubt these victories will continue to strengthen
|
||
individual rights in the virtual world. As a student of electronic
|
||
democracy, I am an ardent supporter of the goals expressed by the EFF. the
|
||
goals expressed by the EFF. With six years devoted to personal and
|
||
professional interest in the civil rights and political issues facing the
|
||
electronic community.
|
||
|
||
Jim Thomas has asked on several occasions that I write something for CuD
|
||
about The EPIC (Effective Performance in Candidates) Project, a nonprofit
|
||
group I founded last year. A description of The EPIC Project is included
|
||
in this article as background information. Political action by a nonprofit
|
||
is limited by law. Most of what we learn about electronic politicking in
|
||
the nonprofit must be used elsewhere. I was hired earlier this year to
|
||
help qualify a citizen initiative for the November elections in California.
|
||
The measure included a provision making public use of computer
|
||
telecommunications a state constitutional right. This article focuses on
|
||
that effort and concludes with a notice of plans underway for 1992.
|
||
|
||
The EPIC Project
|
||
|
||
This project is an extension of research conducted at Sacramento State
|
||
University focusing on the impact of electronic democracy in American
|
||
politics. We *may* have created a back-door link of computer
|
||
telecommunication technology to the U.S. Constitution (Campaign Industry
|
||
News, Feb. 1990). We're years away from solving the dependent variable
|
||
dilemma of a Supreme Court test. Board members include Dave Hughes (the
|
||
founding father of electronic democracy) and Dr. Gene Shoemaker,
|
||
constitutional scholar and author of the War Powers Act (1974). Projects
|
||
include R&D of software to insure text data integrity from a network
|
||
distribution source via end user verification software; research into the
|
||
development of national electronic political party organizations
|
||
(Communications Daily, 2-2-90), and; research compiled on the Sundevil
|
||
raids assisted Ohio Supreme Court Justice William McMahon, ABA Technology
|
||
and the Courts Committee chairman, in opening a Sundevil subcommittee
|
||
looking into federal court rule changes. This subcommittee and Judge
|
||
McMahon are now working closely with the EFF.
|
||
|
||
Political Action and Electronic Rights
|
||
|
||
With all the consternation over abused constitutional rights in the online
|
||
community this year, Californians missed an opportunity to vote themselves
|
||
a Constitutional Right to telecommunicate. Below is part of the opening
|
||
text from a file containing a print, sign and snail mail ballot initiative
|
||
signature petition to qualify a proposed California Constitutional
|
||
Amendment for the November 1990 general election (Western Edition WSJ
|
||
4-20-90; Middlesex News 4-23-90). I directed the statewide electronic file
|
||
distribution and speech forums:
|
||
|
||
CALIFORNIANS FOR RESPONSIBLE REPRESENTATION
|
||
INFORMATION TECHNOLOGY -- ELECTRONIC CITIZENS
|
||
and
|
||
THE CALIFORNIA CONSTITUTION
|
||
are linked by
|
||
THE FAIR REDISTRICTING INITIATIVE
|
||
|
||
What your signature and signatures which you gather can do for you and
|
||
your family (and your business), is provide a Constitutional Right to
|
||
electronic citizen oversight of Legislative redistricting plans -- right in
|
||
your home computer --if you like!
|
||
|
||
There are now NO RULES for drawing voting district lines to establish a
|
||
competitive election process. The FAIR REDISTRICTING INITIATIVE lays out
|
||
specific rules to PREVENT REPETITION OF PAST ABUSES BY INCUMBENT
|
||
POLITICIANS and eliminates the possibility of gerrymandering -- the drawing
|
||
of electoral district lines to protect incumbents and deny fair
|
||
representation. One of the most important SECTIONS included in this
|
||
Initiative creates electronic citizen oversight of redistricting or
|
||
reapportionment plans drafted by the Legislature before any legislative
|
||
action:
|
||
|
||
SECTION 5: The Legislature shall DISSEMINATE and make PUBLICLY
|
||
available, in hard copy and COMPUTER-READABLE FORMAT, any data base or
|
||
other information submitted or developed for its use in establishing and
|
||
redistricting or reapportionment plans...
|
||
|
||
NO PLANS WILL BE DRAWN BEHIND CLOSED DOORS TO PROTECT INCUMBENT POWER THAT
|
||
DESTROYS YOUR RIGHT TO REPRESENTATIVE GOVERNMENT. THE INITIATIVE PROVIDES
|
||
A CONSTITUTIONAL RIGHT TO KNOW PLANS BEFORE ANY ACTION IS TAKEN -- IN
|
||
COMPUTER-READABLE FORMAT WITH ELECTRONIC CITIZEN OVERSIGHT.
|
||
|
||
IT'S ABOUT TIME FOR
|
||
THE BEGINNING OF INFORMATION AGE DEMOCRACY IN CALIFORNIA
|
||
|
||
Are you ready to join other people of the world in this era our
|
||
politicians praise as the "Decade of Democracy?" Are you tired of cheering
|
||
the democratic victories of others? Your opportunity to take action in the
|
||
name of DEMOCRACY is right in front of you. The Revolutionary Power of the
|
||
Information Age is at your fingertips. THE FAIR REDISTRICTING INITIATIVE
|
||
lets you put that power to work for you!!
|
||
*** end ***
|
||
|
||
In addition to the first effort at state level constitutional rights to
|
||
telecommunicate, and to access government data in electronic form, this was
|
||
the first statewide electronic distribution of print and sign political
|
||
action material. In April and May of this year, issues about
|
||
constitutional rights were still considered boring as dirt to most of the
|
||
online community.
|
||
|
||
The discussions that follow are excerpts from a WELL conference
|
||
on the initiative. It is not presented as a representative
|
||
sample and is reprinted with permission.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
Jeff Aldrich (jefrich) Mon, Apr 23, '90 (22:35) 18
|
||
|
||
One item I've noticed absent from this discussion is any reference to
|
||
the fact that this initiative, if passed, will link this technology to the
|
||
Ca Constitution by creating a constitutionally mandated right of public
|
||
access to specific info in "computer-readable" format.
|
||
|
||
With the volume of discussion I've seen in the Well on Electronic
|
||
Citizenship and the need for same, I find it rather odd there has yet been
|
||
commentary posted on this aspect of the initiative. And what about the
|
||
fact that for the first time in Ca history an initiative is being
|
||
distributed, in complete form, electronically -- giving people an
|
||
opportunity to make an informed decision prior to signing a petition to
|
||
qualify a measure for statewide ballot? Instead of some fellow pushing a
|
||
pen at you to sign something on an ironing board when you leave the grocery
|
||
store.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 26: Daniel A. Murphy (murphy) Tue, Apr 24, '90 (21:39)
|
||
|
||
Jeff: I think you're looking at Fenno's paradox. Look at what people
|
||
think of *their* representative, not Congress as a whole. For the most
|
||
part, people support their representative, and where they don't (e.g.
|
||
Cranston) it's clear they aren't likely prospects for reelection.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 29: David Gans (tnf) Wed, Apr 25, '90 (10:49) 4
|
||
|
||
In the long run, information access would tend to produce a better
|
||
informed electorate. If you don't think the GOP takes public apathy and
|
||
stupidity to the bank and the ballot box year after year, you haven't been
|
||
paying attention!
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 31: harry henderson (hrh) Wed, Apr 25, '90 (17:39)
|
||
|
||
The GOP don't have a monopoly on taking voter stupidity to the bank. The
|
||
Democrats also have a specialty: economic shell games that take advantage
|
||
of voters' lack of knowledge of basic economic principles like supply and
|
||
demand, incentive, etc.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 32: Jeff Aldrich (jefrich) Wed, Apr 25, '90 (18:02)
|
||
|
||
The fact is, while we sit around on our butt's chewing the finer points of
|
||
who's doing what to who, we're all loosing the right to access government
|
||
data information. I just got a report today from the firm in Sacramento
|
||
counting signatures on petitions that have come in. The few we've received
|
||
on computer printed paper are from sysop's I've been working with -- Zero
|
||
from the Well.
|
||
|
||
The point is we have an opportunity to open a door that is closed and
|
||
being welded shut. I'm beginning to wonder if all the talk here in the Well
|
||
about how great the concept of Electronic Citizenship is -- protect our
|
||
future, power to those without power, etc. -- was little more than
|
||
sanctimonious rubbish.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 33: Bob Jacobson (bluefire) Wed, Apr 25, '90 (18:34)
|
||
|
||
I think an initiative targeted on open information would be clearer,
|
||
easier to understand, less expensive to run, and more certain of passage.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 34: Daniel A. Murphy (murphy) Wed, Apr 25, '90 (18:54)
|
||
|
||
I agree completely with Bob. Better information access would help the
|
||
process; it shouldn't me mixed up with a reapportionment scheme.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 35: David Gans (tnf) Wed, Apr 25, '90 (20:02) 2
|
||
|
||
And phrases like "sanctimonious rubbish" aren't likely to
|
||
inspire very many people around here.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 36: Jeff Aldrich (jefrich) Thu, Apr 26, '90 (01:53)
|
||
|
||
Your right, David, that remark does not belong here.
|
||
|
||
Bob's right on all four items. Such an initiative would be easier to
|
||
understand and pass. But I don't have any problems with constitutional
|
||
access tied to this initiative. Neither does the Rose Institute at
|
||
Clairmont. My difficulty is understanding the inactivity from the Well.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 37: Robert Deward (bobd) Thu, Apr 26, '90 (13:37) 6
|
||
|
||
Are there any models for an initiative addressing open access to govt.
|
||
information? I can check with Reference Point if no one has anything
|
||
handy.
|
||
|
||
This sounds to me like a perfect issue on which to test our beliefs about
|
||
the efficacy of the on-line medium. What do you people think?
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 38: Daniel A. Murphy (murphy) Thu, Apr 26, '90 (18:41)
|
||
|
||
It will be interesting to see if electronically-circulated petitions
|
||
become common, as part of conventional signature-gathering campaigns.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 39: Art (arb) Thu, Apr 26, '90 (19:29) 2 lines
|
||
|
||
Gee, Bobd, sounds like this project would have been a perfect
|
||
match for your Electronic Citizenship project with a Gateway!
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 40: Dave Hughes (dave) Sun, Apr 29, '90 (07:08) 29
|
||
|
||
Any objection from posters so far to my copying this out for Colorado
|
||
candidate for Secretary of State Aaron Harber (D)? (He is a Harvard grad,
|
||
serious challenger, owned two computer companies, and forced the current
|
||
incumbent to better automate the SecStates office last race. One of his
|
||
main themes is better citizen access to government, and he is ready for
|
||
fresh electronic communications ideas to show voters that the Repub Sec of
|
||
State is not doing all she could to use modern technology to give people
|
||
that access.
|
||
|
||
He is mulling over my suggestion to use the state telecom network (sorry
|
||
US West) which is little used nights and weekends to put terminals in
|
||
county offices for free citizen access to state government in Denver across
|
||
a wide range of info - including state laws, regs, voter lists, licensing
|
||
data, candidate reports etc) He might find this useful to think how to
|
||
break out of the traditional mind-set about where/how 'official' political
|
||
information is stored/distributed.
|
||
|
||
It seems to me that the objection above about individual citizens not
|
||
being that interested in mountains of facts misses a point. There are
|
||
always local activists who would scour such facts, extract useful info, and
|
||
present to local people. If they had timely, cheap, and total access to
|
||
publicly stored info. Media is supposed to be doing this 'for the voters'
|
||
and up to a point, on hot 'mass interest' topics do. But news media are
|
||
decliningly useful sources of information about government.
|
||
|
||
Topic 333: Californians seek Information Age Democracy -- print
|
||
# 42: Jeff Aldrich (jefrich) Tue, May 1, '90 (21:45)
|
||
|
||
the latest signature count has too many printed petition forms from all
|
||
over the state for me to trace back to the well. I suspect several came
|
||
from Wellies...thanks for the effort
|
||
|
||
Bob, my research has yet uncovered a 'model access' amendment. If we
|
||
can't come up with one ready-made, anyone with ideas on using resources
|
||
here in the Well to pull one together for Calif. in '92? Or failing that,
|
||
what about ideas on our ability to pull the industry together to support
|
||
such an effort?
|
||
|
||
+-+-+-+-+-+ END OF WELL CONFERENCE +-+-+-+-+-+
|
||
|
||
Most of the discussion in the WELL conference focused on the politics
|
||
behind the measure, rather than looking at benefits extended to the
|
||
electronic community. It's said that timing in politics is everything. If
|
||
concerns about Operation Sundevil had been two months earlier, or our
|
||
filing deadlines two months later, The FAIR REDISTRICTING INITIATIVE would
|
||
have collected enough signatures to qualify for the November General
|
||
Election.
|
||
|
||
Initiative '92 -- Computer Rights and Economic Impact on Business
|
||
|
||
We learned a lot about the online community from distributing the ballot
|
||
measure earlier this year -- from identifying politically active systems
|
||
statewide, to distribution, to political issues considered palatable by the
|
||
electronic community. Successful efforts to promote computer rights and
|
||
industry growth utilizing the electronic distribution initiative process in
|
||
California offer a range of policy issues including, but not limited to,
|
||
the following:
|
||
|
||
legislative info in data format dispensed at no cost to info service
|
||
companies providing educational access; incentives for development of rural
|
||
telecommuting centers, including a) increased rate of return on investment
|
||
for rural telephone utilities, b) redirecting transportation funds to
|
||
reduce site construction and development costs, c) business tax incentives
|
||
for participation in rural telecommunicating centers; revision of computer
|
||
crime statutes and enforcement procedures; association member access to,
|
||
and use of, California State University computer systems for the purpose of
|
||
increasing international trade in conjunction with the California State
|
||
World Trade Commission, and; add telecommuting projects to the smart
|
||
Freeway Corridor Telecommunications Demonstration Project by redirection of
|
||
Federal Transportation Appropriations.
|
||
|
||
There is no question all of these items will be considered in the drafting
|
||
of a 1992 California ballot measure. The measure will also include
|
||
language mandating that computer telecommunications become a state
|
||
constitutional right. Many of the issues listed above have the potential
|
||
to create positive economic impact for general business, trade associations
|
||
and specific computer industries. As a focal point of the initiative,
|
||
Rural telecommuting development cuts to a broad based, organized
|
||
constituency.
|
||
|
||
I've been retained by clients interested in forming a committee to sponsor
|
||
development of this initiative. I have been asked to determine the
|
||
support, if any, of others interested in forming a sponsor committee. And
|
||
to determine if the level of this support is sufficient to justify further
|
||
activity.
|
||
|
||
Committee membership guidelines:
|
||
|
||
Committee Member Sponsor $7,500.00 < per 1 vote >
|
||
|
||
Total Committee Member Sponsors < ten >
|
||
|
||
Minimum Committee Member Sponsors to vest < five >
|
||
|
||
Committee will vest January 7, 1991.
|
||
|
||
Letters of intent to fund are due and payable no latter than
|
||
January 4, 1991. Failure to vest refunds are due and payable
|
||
January 17, 1991.
|
||
|
||
For more information concerning the formation of this ballot
|
||
measure committee, contact:
|
||
|
||
Jeff Aldrich
|
||
jefrich@well.ca.us Aldrich & Associates,
|
||
Voice: (707)426-1679 Political Consulting
|
||
Fax: (707)425-9811 2791F North Texas, Suite 341
|
||
Fairfield, CA 94533
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: John and Barbara McMullen
|
||
Subject: The Riggs Sentencing (reprint from Newsbytes)
|
||
Date: November 21, 1990
|
||
|
||
********************************************************************
|
||
*** CuD #2.13: File 3 of 5: More on the Riggs Sentencing ***
|
||
********************************************************************
|
||
|
||
(The following articles, by John and Barbara McMullen, were originally
|
||
published in Newsbytes. They are reprinted with permission. They corrects
|
||
some errors in the original AP wire service story reported in the last
|
||
issue of CuD).
|
||
|
||
=======================================================================
|
||
|
||
(NEWS)(GOVT)(NYC)(00001)
|
||
|
||
ATLANTA SENTENCING FOR COMPUTER CRIMES
|
||
ATLANTA, GEORGIA, U.S.A., 1990 NOV 19 (NB) -- Robert J. Riggs,
|
||
Adam E. Grant and Franklin Darden, who pleaded guilty in July to various
|
||
charges relating to computer break-ins to systems of BellSouth, have been
|
||
sentenced by U.S. District Judge Owen Forrester to prison sentences and
|
||
ordered to make financial restitution of $233,000 to BellSouth. Riggs,
|
||
who had pleaded guilty to one conspiracy count and could have received a
|
||
maximum sentence of five years in prison and a $200,000 fine, was
|
||
sentenced to a 21-month prison term and was ordered to begin serving the
|
||
sentence on February 15th. Darden, who faced similar penalties, received
|
||
14 months as did Grant. Grant had pleaded guilty to possessing 15 or more
|
||
BellSouth access devices with the intent to defraud and faced a maximum
|
||
penalty of 10 years in prison and a $250,000 fine. In sentencing Grant and
|
||
Darden, Judge Forrester stipulated that seven months of their sentences
|
||
may be served in a halfway house. Grant and Darden are scheduled to report
|
||
for confinement on January 4th.
|
||
|
||
Craig Neidorf, who had been indicted for publishing an electronic
|
||
document which Riggs admitting copying from BellSouth's files, expressed
|
||
surprise at the sentence, telling Newsbytes "The sentence seems severe
|
||
when one considers the lesser sentence given to Robert Morris who
|
||
disrupted thousands of computers and caused untold financial expense to
|
||
those who had to undo the damage that he caused. I am not saying that
|
||
Morris should have received a harsher penalty; I'm saying rather that the
|
||
Atlanta sentences seem disproportionate. I don't know much about all of the
|
||
Atlanta charges but the testimony concerning them at my case did not
|
||
indicate that there had been great financial damage to anyone because of
|
||
the actions of these three."
|
||
|
||
Neidorf also questioned the determination of damages in the case, saying
|
||
"I hope that the damages claimed by BellSouth have been well scruitinized
|
||
by the government. You may remember that, before the charges against me
|
||
were dismissed, BellSouth had claimed that the value of the document in
|
||
question was over $70,000. It turned out that the document was available
|
||
in print for under $20. Riggs, Darden and Grant had already pleaded guilty
|
||
when this gross overstatement came out. I hope, for justice's sake, that
|
||
the restitution awarded actually relates to substantiated damages."
|
||
|
||
Kent Alexander, Assistant U.S. Attorney, told Newsbytes that he "is
|
||
comfortable with the method under which the damages were determined." He
|
||
also clarified the order for restitution, saying that Riggs, Darden and
|
||
Grant are jointly responsible for the $233,000 and that each of them is
|
||
individually liable for the entire amount should the others default in
|
||
payment.
|
||
|
||
Alexander had, in July, told Newsbytes that the plea agreement entered
|
||
into by the defendants "allows the United States Attorney's office to, in
|
||
return for substantial assistance from the defendants, to ask for a
|
||
downward departure from the sentencing guidelines. The substantial
|
||
assistance referred to includes debriefing by the Secret Service and
|
||
truthful testimony in other related computer cases." Alexander confirmed,
|
||
in his current comments to Newsbytes, that the sentences given were, in
|
||
fact, downward departures from the sentencing guidelines.
|
||
|
||
New York State Police Senior Investigator Donald Delaney, who has been at
|
||
the forefront of New York State investigations into computer crime,
|
||
commented on the sentencing to Newsbytes, saying "I think that the
|
||
sentence is significant and appropriate given the severity of the crimes.
|
||
I hope that this sends a message to others engaged in telecommunications
|
||
fraud that such actions can result in actual jail terms."
|
||
|
||
(Barbara E. McMullen & John F. McMullen/19901119)
|
||
|
||
=============================================================================
|
||
(EXCLUSIVE)(GOVT)(NYC)(00001)
|
||
|
||
ATLANTA SENTENCING DESIGNED TO "SEND MESSAGE"
|
||
ATLANTA, GEORGIA, U.S.A., 1990 NOV 20 (NB) -- In response to questions by
|
||
Newsbytes concerning the rationale underlying the sentences received by
|
||
Robert J. Riggs, Adam E. Grant and Franklin E. Darden, Jr. on November
|
||
16th for activities involving illegal access to computer systems of
|
||
BellSouth, Assistant United States Attorney for the Northern District of
|
||
Georgia Kent B. Alexander has released the "Government's Sentencing
|
||
Memorandum And S.G. & 5K1.1 Motion". This 21 page document, prepared by
|
||
Joe D. Whitney, United States Attorney for the Northern District of
|
||
Georgia, and Alexander and sent to United States District Court Judge J.
|
||
Owen Forrester, puts forth the factors which the prosecuting attorneys
|
||
wish the judge to consider in determining sentence.
|
||
|
||
The memorandum states "Although the government is going to recommend a
|
||
downward departure from the Sentencing Guidelines, the three defendants
|
||
are clearly criminals who have caused a significant amount of damage and
|
||
should be punished accordingly. Moreover, the computer hacker world is
|
||
watching this case very closely, and the Court should send a message that
|
||
illegal computer activities will not be tolerated" (The word "hacker" is
|
||
footnoted and explained by saying "The government uses the term 'hacker'
|
||
to describe a person who uses computers for criminal activity. The Court
|
||
should note, however, that the term 'hacker' can also be used to describe
|
||
legitimate computer users. At one time all computer users were known as
|
||
'hackers' and some computer users still identify themselves as
|
||
'hackers'.").
|
||
|
||
In explaining the gravity of the crimes, the memorandum states "In all,
|
||
they stole approximately $233,800 worth of logins/passwords and connect
|
||
addresses (i.e. access information) from BellSouth. BellSouth spent
|
||
approximately $1.5 million in identifying the intruders into their system
|
||
and has since spent roughly $3 million more to further secure their
|
||
network."
|
||
|
||
In explaining the perceived need to send a message to the "hacker
|
||
community", the memorandum points out that the last federally prosecuted
|
||
adult criminal hacker, Robert Morris, Jr. received probation and that
|
||
that sentence was followed very closely by 'hackers' throughout the
|
||
nation. The memorandum states "Any sentence that does not include
|
||
incarceration would send the wrong message to the hacking community; that
|
||
is, that breaking into computer systems is not really a crime."
|
||
|
||
The document also states that "All three defendants have provided
|
||
significant cooperation that has fueled further investigation into the
|
||
activities of a number of computer hackers throughout the country."
|
||
Because of this cooperation, the "government moves for this Court to make
|
||
a downward departure pursuant to S.G. 5k1.1 in the amount of three levels
|
||
for defendants Grant and Darden and two levels for defendant Riggs." The
|
||
memorandum then details the cooperation of each of these defendants in
|
||
cases involving Craig Neidorf in Chicago and an unnamed "fellow Legion of
|
||
Doom member" in Detroit. The memorandum also explains why a lesser
|
||
departure is recommended for Riggs - "Defendant Riggs strikes the
|
||
undersigned counsel as an unusually quiet and pensive person. Throughout
|
||
the investigation, he has been cooperative, but because of his nature, he
|
||
sometimes comes across as uninterested and evasive. The bottom line is
|
||
that he provided helpful information that furthered several
|
||
investigations around the country, though his assistance was not as
|
||
substantial as that of Grant and Darden; hence the recommendation of only
|
||
a two-level departure." An earlier conviction for Riggs related to
|
||
computer fraud was also mentioned.
|
||
|
||
In the actual sentencing by Judge Forrester, Grant and Darden received 14
|
||
months incarceration of which 7 will be in a half-way house while Riggs
|
||
received 21 months incarceration . Additionally, they were directed to
|
||
make restitution payments to BellSouth of $233,000.
|
||
|
||
In a conversation with Newsbytes, the aforementioned Craig Neidorf
|
||
questioned the determination of damages in the case, saying "I hope that
|
||
the damages claimed by BellSouth have been well scrutinized by the
|
||
government. You may remember that, before the charges against me were
|
||
dismissed, BellSouth had claimed that the value of the document in
|
||
question was over $70,000. It turned out that the document was available
|
||
in print for under $20. Riggs, Darden and Grant had already pleaded guilty
|
||
when this gross overstatement came out. I hope, for justice's sake, that
|
||
the restitution awarded actually relates to substantiated damages." An
|
||
examination of the sentencing memorandum finds that the E911 file, "the
|
||
subject of the Chicago indictment" was estimated by Bob Kibler of
|
||
BellSouth Security to be valued, based on R&D costs, at $24,639.
|
||
|
||
Kent Alexander, Assistant U.S. Attorney, told Newsbytes that he "is
|
||
comfortable with the method under which the damages were determined." He
|
||
also clarified the order for restitution, saying that Riggs, Darden and
|
||
Grant are jointly responsible for the $233,000 and that each of them is
|
||
individually liable for the entire amount should the others default in
|
||
payment.
|
||
|
||
The Department of Justice release also stated "The United States Attorney
|
||
commented that most computer users engage in legal and constructive
|
||
activities. Criminal hackers, however, who break into computer systems of
|
||
others, are breaking the law and will be prosecuted accordingly."
|
||
|
||
(Barbara E. McMullen & John F. McMullen/19901119)
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: Jim Warren (jwarren@well.sf.ca.us)
|
||
Subject: First Conference on Computers, Freedom & Privacy
|
||
Date: Undated
|
||
|
||
********************************************************************
|
||
*** CuD #2.13: File 4 of 5: Computers Freedom and Privacy Conf. ***
|
||
********************************************************************
|
||
|
||
%One good consequence of Operation Sun Devil has been the increased
|
||
awareness of the need to address issues of ethics, computer rights, and
|
||
computer abuse. The following conference is an attempt to bring a variety
|
||
of individuals and groups together to exchange information and
|
||
opinions--moderators%.
|
||
|
||
FIRST CONFERENCE ON COMPUTERS, FREEDOM & PRIVACY
|
||
------------------------------------------------
|
||
March 25-28, 1991, Monday-Thursday
|
||
SFO Marriott Hotel, reservations: 800-228-9290
|
||
San Francisco Airport, 1800 Old Bayshore Hwy, Burlingame CA 94010
|
||
|
||
COOPERATING ORGANIZATIONS
|
||
-------------------------
|
||
Electronic Networking Association
|
||
Videotex Industry Association
|
||
Electronic Frontier Foundation
|
||
The WELL, Portal Communications
|
||
[as of 11/23/90, more expected shortly]
|
||
Sponsor: Computer Professionals for Social Responsibility
|
||
|
||
PLANNED CONFERENCE SESSIONS
|
||
---------------------------
|
||
1. The Constitution in the Information Age [opening session]
|
||
coordinator: Jim Warren; Chair: Jim Warren
|
||
Introductory remarks; then, major policy proposal regarding electronic
|
||
communications and Constitutional rights.
|
||
speaker: Professor Lawrence Tribe, Harvard Law School
|
||
|
||
2. Trends in Computers & Networks
|
||
coordinator: Peter Denning; Chair: Peter Denning
|
||
Overview and prognosis of computing capabilities and networking as they
|
||
impact personal privacy, confidentiality, security, one-to-one & many-to-one
|
||
communication, and access to information about government, business & society.
|
||
|
||
3. Public-Sector Information About Individuals
|
||
coordinators: Les Earnest, Bruce Koball; Chair:
|
||
Collection, verification, use, sharing and protection of, and access to and
|
||
responsibility for personal information, by government agencies, such as
|
||
census, voter, tax, license, permit and criminal records.
|
||
|
||
4. Private-Sector Information About Individuals
|
||
coordinators: Les Earnest, Bruce Koball; Chair:
|
||
Collection, marketing, verification, use and protection of, and access to
|
||
and responsibility for personal information, by private organizations, such as
|
||
banking, credit, health, consumer, employment, family & lifestyle information.
|
||
|
||
5. International Perspectives & Impacts
|
||
coordinator: Mark Graham; Chair:
|
||
Other nations' models for protecting personal information and communication,
|
||
and granting access to government information; existing and developing laws;
|
||
requirements on trans-national dataflow, personal expression & accountability.
|
||
|
||
6. Law Enforcement Practices and Problems
|
||
coordinators: Dorothy Denning, Glenn Tenney; Chair:
|
||
Issues relating to investigation, prosecution, due process and deterrence
|
||
of computer crimes, now and in the future; using computers to aid law
|
||
enforcement.
|
||
|
||
7. Law Enforcement and Civil Liberties
|
||
coordinators: Dorothy Denning, Glenn Tenney; Chair:
|
||
Interaction of computer crime, law enforcement, and civil liberties; issues
|
||
of search and seizure, sanctions, and shared or networked equipment, software
|
||
and information.
|
||
|
||
8. Legislation & Regulation
|
||
coordinators: Marc Rotenberg, Elliot Fabric; Chair:
|
||
Legislative and regulatory roles in protecting privacy and insuring access;
|
||
legal problems posed by computing and computer networks; approaches to
|
||
improving related government decision-making.
|
||
|
||
9. Computer-Based Surveillance of Individuals
|
||
coordinators: Les Earnest, Bruce Koball; Chair:
|
||
Monitoring electronic-mail, public & private teleconferences, electronic
|
||
bulletin boards, publications and subscribers; tracking individuals' location,
|
||
work performance, buying habits & lifestyles; pattern recognition & profiling
|
||
|
||
10. Ethics and Education
|
||
coordinators: Dorothy Denning, Glenn Tenney; Chair:
|
||
Ethical principles for individuals, system administrators, organizations,
|
||
corporations, and government; copying data, copying software, distributing
|
||
confidential information; relations to computer education and computer law.
|
||
|
||
11. Electronic Speech, Press and Assembly
|
||
coordinators: Marc Rotenberg, Elliot Fabric; Chair:
|
||
Freedoms and responsibilities regarding electronic speech, public and
|
||
private electronic assembly, electronic publishing, prior restraint and
|
||
chilling effects of monitoring.
|
||
|
||
12. Access to Government Information
|
||
coordinator: Mark Graham; Chair:
|
||
Implementing individual and corporate access to federal, state & local
|
||
information about communities, corporations, legislation, administration, the
|
||
courts and public figures; allowing access while protecting confidentiality.
|
||
|
||
13. Where Do We Go From Here? [closing session]
|
||
coordinator: Jim Warren; Chair: Jim Warren
|
||
Perspectives and recommendations of participating groups, proposed next
|
||
steps to protect person privacy, protect fundamental freedoms and encourage
|
||
responsible policies and action.
|
||
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: chron!magic322!edtjda@UUNET.UU.NET(Joe Abernathy)
|
||
Subject: Hackers Break into DEA Lines
|
||
Date: Wed, 21 Nov 90 17:32:59 CST
|
||
|
||
********************************************************************
|
||
*** CuD #2.13: File 5 of 5: Hackers & the DEA PBX (J. Abernathy ***
|
||
********************************************************************
|
||
|
||
" Hackers break into DEA lines: Long-distance Service the Target"
|
||
From: Houston Chronicle, Saturday, Nov. 17, 1990 (p. 1A)
|
||
By JOE ABERNATHY (Copyright 1990, Houston Chronicle)
|
||
|
||
Computer hackers and others stole long distance service worth up to $1.8
|
||
million from the government through the Houston offices of the Drug
|
||
Enforcement Administration, the agency acknowledged Friday.
|
||
|
||
"We became aware of it last spring," said DEA spokesman Thomas Lentini.
|
||
"Southwestern Bell telephone security told us that they suspected somebody
|
||
was hacking into our FTS system. That's the Federal Telephone System."
|
||
|
||
The agency cannot estimate the precise value of the long distance service
|
||
since it used a dedicated line without per-call billing. But an Arizona
|
||
prosecutor who specializes in computer fraud has estimated that such a
|
||
breach can use service worth at least $100,000 a month.
|
||
|
||
Self-described hackers told the Houston Chronicle that hundreds of people
|
||
around the nation used the government phone lines over a period of 18
|
||
months.
|
||
|
||
The DEA has taken measures to protect its system, Lentini said.
|
||
|
||
The thefts were discovered during a nationwide, previously undisclosed
|
||
Southwestern Bell investigation into the fraudulent use of phone credit
|
||
cards.
|
||
|
||
"There were some folks that were making unauthorized use of customers'
|
||
credit cards," said Ken Brasel, Southwestern Bell spokesman. "In our
|
||
investigation of these people we discovered that they had used these credit
|
||
cards to call a local number which turned out to be the DEA."
|
||
|
||
By punching in an access code after connecting with this number, callers
|
||
could place outgoing calls using the federal government's dedicated,
|
||
private phone lines.
|
||
|
||
"You just had to dial 8 and you could go anywhere," said a hacker who
|
||
brought the DEA system invasion to the Chronicle's attention. "Hundreds
|
||
used it."
|
||
|
||
"A guy even walked up to me in Safeway once and asked if I'd heard about
|
||
the 221 PBX," said another hacker.
|
||
|
||
These two and other hackers, identifying themselves by their computer
|
||
system "handles" but declining to give their real names, discussed the
|
||
matter with a Chronicle reporter in a series of late-night conference calls
|
||
that they initiated.
|
||
|
||
PBX, or private branch exchange, is the name given to the telephone
|
||
switching systems used in medium to large companies, while 221 is the
|
||
downtown prefix of the three DEA lines offering access into the federal
|
||
phone system.
|
||
|
||
"The way the system works is we call an access number that puts us into
|
||
FTS, then we can call anywhere," Lentini said, explaining that the system
|
||
was dedicated to upper management's use, typically for calls to Washington.
|
||
|
||
"In effect, they have their own WATS line," Brasel said. "When they talk
|
||
from here to Washington, they don't go through an AT&T operator."
|
||
|
||
The phone lines were used both for normal calls and for computer data
|
||
telecommunications, hackers said, and calls were placed around the world.
|
||
|
||
According to the Arizona state attorney general's office, which has become
|
||
renowned for its vigorous pursuit of hackers, PBXs are a prime source for
|
||
overseas phone fraud, and give hackers a layer of security. If a call is
|
||
traced,it is traced back to the company that owns the PBX, not to the
|
||
hacker.
|
||
|
||
"In the last two years it's just skyrocketed in terms of international"
|
||
calls, said Gail Thackeray, an assistant attorney general in Arizona. "All
|
||
of the long distance carriers are under siege."
|
||
|
||
Thackeray estimated in a recent Chronicle interview that PBX abuse will
|
||
cost industry $500 million this year. According to her formulas, the DEA
|
||
hackers may have used service worth $100,000 or more during each of the 18
|
||
months in which the agency's phone system was compromised.
|
||
|
||
"We have some anti-social, fairly dangerous hackers out there because of
|
||
the size of tools they have," Thackeray said.
|
||
|
||
Assisted by computers, the hackers find the PBX numbers through trial and
|
||
error by calling all available numbers in a prefix. "Numbers get passed
|
||
around like a stock commodity," said one.
|
||
|
||
A breach can go undetected for a long time because the government doesn't
|
||
render bills on its dedicated phone lines.
|
||
|
||
"Once the break-in was discovered, we immediately changed the access
|
||
number," Lentini said.
|
||
|
||
"We worked with Southwestern Bell trying to determine who the culprit was
|
||
and we just couldn't do it," he said. "They were getting into it from pay
|
||
telephones" as well as from residences and places of employment.
|
||
|
||
"Southwestern Bell is still monitoring our lines for indicators that
|
||
they're hacking into it again."
|
||
|
||
Referring to the larger investigation of credit card fraud, Brasel urged
|
||
that consumers exercise caution.
|
||
|
||
"What these guys were doing is calling up and saying 'We're from AT&T and
|
||
we've had a computer failure' and they say 'We need your credit card number
|
||
and your PIN (personal identification number),' " he said. "That's like
|
||
giving someone the key to the bank vault. You just don't do that."
|
||
|
||
********************************************************************
|
||
|
||
------------------------------
|
||
|
||
**END OF CuD #2.13**
|
||
********************************************************************
|
||
|
||
|