943 lines
44 KiB
Plaintext
943 lines
44 KiB
Plaintext
Computer underground Digest Tue Jan 11 1994 Volume 6 : Issue 05
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe (BEST WISHES, BK)
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Acting Archivist: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Copy Edifier: Etalon Shrdlu
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CONTENTS, #6.05 (Jan 11 1994)
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File 1--No Time For Goodbyes - Phiber Optik's Journey to Prison
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File 2--Federal Prison Regs on Computer Classes/Books
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File 3--How to Contact Phiber Optik
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File 4--EFF Helps Eliminate Outrageous Sentences for Computer Crimes
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File 5--Brendan Kehoe, the accident and me ((The Passenger))
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File 6--Current News (11 Jan '94) of Brendan Kehoe's Recovery
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File 7--Technology & Employment Conf, 1/21-22, Cambridge, MA
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
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editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
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WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud
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KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
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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 for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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----------------------------------------------------------------------
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Date: Mon, 10 Jan 1994 21:51:15 -0800
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From: Emmanuel Goldstein <emmanuel@WELL.SF.CA.US>
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Subject: File 1--No Time For Goodbyes - Phiber Optik's Journey to Prison
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No Time For Goodbyes
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Phiber Optik's Journey to Prison
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by Emmanuel Goldstein
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It was almost like looking forward to something. That's the feeling
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we all had as we started out on Thursday evening, January 6th - one
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day before Phiber Optik (hereafter called Mark) was to report to
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federal prison in Schuylkill, Pennsylvania for his undefined part
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in an undefined conspiracy. We were all hackers of one sort or
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another and this trip to a prison was actually a sort of adventure
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for us. We knew Mark's curiosity had been piqued as well, though not
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to the point of outweighing the dread of the unknown and the emotional
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drain of losing a year of life with friends, family, and technology.
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There were five of us who would take the trip down to Philadelphia in
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a car meant for four - myself, Mark, Walter, Roman, and Rob. The plan
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was to meet up with 2600 people in Philadelphia on Thursday, drive out
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to Schuylkill and drop Mark off on Friday, drive back and go to the
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Philadelphia 2600 meeting, and return later that evening. It sure
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sounded better than sending him away on a prison bus.
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Knocking on the door of his family's house in Queens that frigid
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night, a very weird feeling came over me. How many times had I stood
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there before to take Mark to a conference, a hacker meeting, a radio
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show, whatever. Today I was there to separate him from everything he
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knew. I felt like I had somehow become part of the process, that I was
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an agent of the government sent there to finish the dirty work that
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they had begun. It doesn't take a whole lot to join the gestapo, I
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realized.
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I talked to Mark's father for the very first time that night. I had
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chatted with his mother on a number of occasions but never his father
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before then. He was putting on as brave a front as he could, looking
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at any glimmer of optimism as the shape reality would take. The
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prison wouldn't be that bad, he would be treated like a human being,
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they'd try to visit on the weekends, and anything else that could help
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make this seem like an extended vacation. As long as he learns to keep
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his mouth shut and not annoy anyone, he'll be all right. Of course, we
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both knew full well that Mark's forthright approach *always* managed
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to annoy somebody, albeit usually only until they got to know him a
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little. Imagining Mark fading into the background just wasn't
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something we could do.
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Everything in Mark's room was neatly arranged and ready to greet him
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upon his return - his computer, manuals, a videotape of "Monty Python
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and the Holy Grail" with extra footage that a friend had sent him (I
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convinced him to let me borrow it), a first edition of "Hackers" that
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Steven Levy had just given him, and tons of other items that could
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keep anyone occupied for hours. In fact, he was occupied when I got
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there - he and Walter were trying to solve a terminal emulation
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problem. My gestapo duties forced me to get him going. It was getting
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late and we had to be in Philadelphia at a reasonable time, especially
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since it was supposed to start snowing at any moment. And so, the
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final goodbyes were said - Mark's mother was especially worried that
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he might forget part of his medication or that they'd have difficulty
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getting him refills. (In fact, everyone involved in his case couldn't
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understand why Mark's serious health problems had never been mentioned
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during the whole ordeal or considered during sentencing.) The rest of
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us waited in the car so he could have some final moments of privacy -
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and also so we wouldn't have to pretend to smile while watching a
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family being pulled apart in front of us, all in the name of sending a
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message to other hackers.
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Our drive was like almost any other. We talked about the previous
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night's radio show, argued about software, discussed nuances of Star
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Trek, and managed to get lost before we even left New York. (Somehow
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we couldn't figure out how the BQE southbound connected with the
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Verrazano Bridge which led to an extended stay in Brooklyn.) We talked
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about ECHO, the system that Mark has been working on over the past
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year and how, since Wednesday, a couple of dozen users had changed
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their last names to Optik as a tribute. It meant a lot to him.
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When you're in a car with five hackers, there's rarely any quiet
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moments and the time goes by pretty quickly. So we arrived in
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Philadelphia and (after getting lost again) found our way to South
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Street and Jim's Cheesesteaks, a place I had always wanted to take
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Mark to, since he has such an affinity to red meat. Jim's is one of my
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favorite places in the world and we soon became very comfortable
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there. We met up with Bernie S. and some of the other Philadelphia
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hackers and had a great time playing with laptops and scanners while
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eating cheesesteaks. The people at Jim's were fascinated by us and
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asked all kinds of questions about computers and things. We've had so
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many gatherings like this in the past, but it was pretty cool to just
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pull into a strange city and have it happen again. The karma was good.
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We wound up back at Bernie S.'s house where we exchanged theories and
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experiences of our various cable and phone companies, played around
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with scanners, and just tried to act like everything was as normal as
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ever. We also went to an all-night supermarket to find Pennsylvania
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things: TastyKakes, Pennsylvania Dutch pretzels, and pickles that we
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found out were really from Brooklyn. We managed to confuse the hell
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out of the bar code reader by passing a copy of 2600 over it - the
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system hung for at least a minute!
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It was around five in the morning when one of us finally asked the
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question: "Just when exactly does Mark have to be at this prison?" We
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decided to call them right then and there to find out. The person
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answering the phone was nice enough - she said he had until 11:59 pm
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before he was considered a fugitive. This was very good news - it
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meant a few more hours of freedom and Mark was happy that he'd get to
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go to the Philadelphia meeting after all. As we drifted off to sleep
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with the sun rising, we tried to outdo each other with trivial
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information about foreign countries. Mark was particularly good with
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obscure African nations of years past while I was the only one who
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knew what had become of Burma. All told, not a bad last day.
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Prison Day arrived and we all got up at the same moment (2:03 pm)
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because Bernie S. sounded an airhorn in the living room. Crude, but
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effective.
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As we recharged ourselves, it quickly became apparent that this was a
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very bizarre day. During the overnight, the entire region had been
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paralyzed by a freak ice storm - something I hadn't seen in 16 years
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and most of the rest of us had never experienced. We turned on the TV
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- interstates were closed, power was failing, cars were moving
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sideways, people were falling down.... This was definitely cool. But
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what about Mark? How could we get him to prison with roads closed and
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treacherous conditions everywhere? His prison was about two hours away
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in the direction of wilderness and mining towns. If the city was
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paralyzed, the sticks must be amputated entirely!
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So we called the prison again. Bernie S. did the talking, as he had
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done the night before. This time, he wound up getting transferred a
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couple of times. They weren't able to find Mark's name anywhere. But
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that good fortune didn't last - "Oh yeah, I know who you're talking
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about," the person on the phone said. Bernie explained the situation
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to them and said that the State Troopers were telling people not to
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travel. So what were we to do? "Well," the friendly-sounding voice on
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the other end said, "just get here when you can get here." We were
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overjoyed. Yet more freedom for Mark all because of a freak of nature!
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I told Bernie that he had already been more successful than Mark's
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lawyer in keeping him out of prison.
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We spent the afternoon getting ready for the meeting, watching The
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Weather Channel, and consuming tea and TastyKakes in front of a
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roaring fire. At one point we turned to a channel that was hawking
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computer education videos for kids. "These children," the fake
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schoolteacher was saying with equally fake enthusiasm, "are going to
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be at such an advantage because they're taking an early interest in
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computers." "Yeah," we heard Mark say with feigned glee from another
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room, "they may get to experience *prison* for a year!"
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It took about 45 minutes to get all of the ice off our cars.
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Negotiating hills and corners became a matter of great concern. But we
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made it to the meeting, which took place in the middle of 30th Street
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Station, where all of the Amtrak trains were two and a half hours
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late. Because of the weather, attendance was less than usual but the
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people that showed up were enthusiastic and glad to meet Phiber Optik
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as he passed by on his way up the river.
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After the meeting we found a huge tunnel system to explore, complete
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with steampipes and "Poseidon Adventure" rooms. Everywhere we went,
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there were corridors leading to new mysteries and strange sights. It
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was amazing to think that the moment when everybody figured Mark would
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be in prison, here he was with us wandering around in the bowels of a
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strange city. The karma was great.
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But then the real fun began. We decided to head back to South Street
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to find slow food - in fact, what would probably be Mark's last
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genuine meal. But Philadelphia was not like New York. When the city is
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paralyzed, it really is paralyzed. Stores close and people stay home,
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even on a Friday night. We wanted to take him to a Thai place but both
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of the ones we knew of were closed. We embarked on a lengthy search by
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foot for an open food place. The sidewalks and the streets were
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completely encased in ice. Like drunken sailors in slow motion, we all
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staggered down the narrow streets, no longer so much concerned with
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food, but just content to remain upright. People, even dogs, were
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slipping and falling all around us. We did our best to maintain
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dignity but hysterical laughter soon took over because the situation
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was too absurd to believe. Here we were in a strange city, unable to
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stand upright in a veritable ice palace, trying to figure out a way to
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get one of our own into a prison. I knew it was going to be a strange
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trip but this could easily beat any drug.
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We ate like kings in a Greek place somewhere for a couple of hours,
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then walked and crawled back to the cars. The plan now was to take
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Mark to prison on Saturday when hopefully the roads would be passable.
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Actually, we were all hoping this would go on for a while longer but
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we knew it had to end at some point. So, after a stop at an all-night
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supermarket that had no power and was forced to ring up everything by
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hand, we made it back to Bernie's for what would really be Mark's last
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free night. It was well after midnight and Mark was now officially
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late for prison. (Mark has a reputation for being late to things but
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at least this time the elements could take the blame.) We wound up
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watching the "Holy Grail" videotape until it was practically light
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again. One of the last things I remember was hearing Mark say how he
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wanted to sleep as little as possible so he could be awake and free
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longer.
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We left Bernie's late Saturday afternoon. It was sad because the aura
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had been so positive and now it was definitely ending. We were leaving
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the warmth of a house with a fireplace and a conversation pit,
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journeying into the wild and the darkness with wind chill factors well
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below zero. And this time, we weren't coming back.
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We took two cars - Bernie and Rob in one; me, Mark, Walter, and Roman
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in the other. We kept in touch with two way radios which was a very
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good idea considering the number of wrong turns we always manage to
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make. We passed through darkened towns and alien landscapes, keeping
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track of the number of places left to go through. We found a
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convenience store that had six foot tall beef jerky and Camel Light
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Wides. Since Mark smokes Camel Lights (he had managed to quit but all
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of the stress of the past year has gotten him right back into it), and
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since he had never heard of the wide version, I figured he'd like to
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compare the two, so I bought him a pack. I never buy cigarettes for
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anyone because I can't stand them and I think they're death sticks but
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in this case I knew they'd be therapeutic. As we stood out there in
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the single digits - him with his Wides, me with my iced tea - he said
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he could definitely feel more smoke per inch. And, for some reason, I
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was glad to hear it.
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Minersville was our final destination but we had one more town to pass
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through - Frackville. Yeah, no shit. It was the final dose of that
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magical karma we needed. As we looked down the streets of this tiny
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town, we tried to find a sign that maybe we could take a picture of,
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since nobody would ever believe us. We pulled up to a convenience
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store as two cops were going in. And that's when we realized what we
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had been sent there to do.
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Bernie S. went in to talk to the cops and when he came out, he had
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convinced them to pose with Mark in front of their squad car. (It
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didn't really take much convincing - they were amazed that anyone
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would care.) So, if the pictures come out, you can expect to see a
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shot of Phiber Optik being "arrested" by the Frackville police, all
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with big smiles on their faces. Frackville, incidentally, has a
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population of about 5,000 which I'm told is about the distribution of
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Phrack Magazine. Kinda cosmic.
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So now there was nothing left to do. We couldn't even get lost - the
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prison was straight ahead of us. Our long journey was about to come to
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a close. But it had been incredible from the start; there was no
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reason to believe the magic would end here. The prison people would be
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friendly, maybe we'd chat with them for a while. They'd make hot
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chocolate. All right, maybe not. But everybody would part on good
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terms. We'd all give Mark a hug. Our sadness would be countered by
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hope.
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The compound was huge and brightly lit. We drove through it for miles
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before reaching the administration building. We assumed this was where
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Mark should check in so we parked the cars there and took a couple of
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final videos from our camcorder. Mark was nervous but he was still
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Mark. "I think the message is 'come here in the summer,'" he said to
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the camera as we shivered uncontrollably in the biting freeze.
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As we got to the door of the administration building, we found it to
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be locked. We started looking for side doors or any other way to get
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in. "There's not a record of people breaking *into* prison," Bernie
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wondered out loud. It was still more craziness. Could they actually be
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closed?
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I drove down the road to another building and a dead end. Bernie
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called the prison from his cellular phone. He told them he was in
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front of the administration building and he wanted to check somebody
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in. They were very confused and said there was no way he could be
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there. He insisted he was and told them he was in his car. "You have
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a *car* phone?" they asked in amazement. When the dust settled, they
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said to come down to the building at the end of the road where I was
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already parked. We waited around for a couple of minutes until we saw
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some movement inside. Then we all got out and started the final steps
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of our trip.
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I was the first one to get to the door. A middle-aged bespectacled guy
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was there. I said hi to him but he said nothing and fixed his gaze on
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the five other people behind me.
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"All right, who's from the immediate family?"
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"None of us are immediate family. We're just--"
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"Who's the individual reporting in?"
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"I'm the individual reporting in," Mark said quietly.
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"The only one I need is just him."
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The guard asked Mark if he had anything on him worth more than $100.
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Mark said he didn't. The guard turned to us.
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"All right, gentlemen. He's ours. Y'all can depart."
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They pulled him inside and he was gone. No time for goodbyes from any
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of us - it happened that fast. It wasn't supposed to have been like
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this; there was so much to convey in those final moments. Mark, we're
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with you... Hang in there... We'll come and visit.... Just a fucking
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goodbye for God's sake.
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It caught us all totally off guard. They were treating him like a
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maximum security inmate. And they treated us like we were nothing,
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like we hadn't been through this whole thing together, like we hadn't
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just embarked on this crazy adventure for the last few days. The
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karma was gone.
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>From behind the door, a hooded figure appeared holding handcuffs. He
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looked through the glass at us as we were turning to leave. Suddenly,
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he opened the outer door and pointed to our camera. "You can't be
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videotaping the prison here," he said. "All right," I replied, being
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the closest one to him and the last to start back to the cars. As I
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turned away, he came forward and said, "We gotta have that film." "But
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we didn't take any pictures of the prison!" I objected. "We gotta take
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it anyway," he insisted.
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We all knew what to do. Giving up the tape would mean losing all
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recordings of Mark's last days of freedom. The meeting in
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Philadelphia, slipping down the icy streets, hanging out in Bernie's
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house, Frackville.... No way. No fucking way.
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Roman, who had been our cameraman throughout, carefully passed off the
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camera to Bernie, who quickly got to the front of the group. I stayed
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behind to continue insisting that we hadn't filmed any part of their
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precious prison. I didn't even get into the fact that there are no
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signs up anywhere saying this and that it appeared to me that he was
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imposing this rule just to be a prick. Not that I would have, since
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Mark was somewhere inside that building and anything we did could have
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repercussions for him. Fortunately, the hooded guard appeared to
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conclude that even if he was able to grab our camera, he'd probably
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never find the tape. And he never would have.
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The hooded guard stepped back inside and we went on our way. If it had
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been dark and cold before, now it was especially so. And we all felt
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the emptiness that had replaced Mark, who had been an active part of
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our conversations only a couple of minutes earlier. We fully expected
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to be stopped or chased at any moment for the "trouble" we had caused.
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It was a long ride out of the compound.
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We headed for the nearest major town: Pottsville. There, we went to
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the only 24 hour anything in miles, a breakfast/burger joint called
|
|
Coney Island of all things. We just kind of sat there for awhile, not
|
|
really knowing what to say and feeling like real solid shit. Roman
|
|
took out the camcorder and started looking through the view screen.
|
|
"We got it," he said. "We got it all."
|
|
|
|
Looking at the tape, the things that really hit me hard are the happy
|
|
things. Seeing the cops of Frackville posing and laughing with Mark,
|
|
only a few minutes before that ugly episode, puts a feeling of lead in
|
|
my stomach. I'm just glad we gave him a hell of a sendoff; memories of
|
|
it will give him strength to get through this.
|
|
|
|
What sticks with me the most is the way Mark never changed, right up
|
|
to the end. He kept his incredible sense of humor, his caustic wit,
|
|
his curiosity and sense of adventure. And he never stopped being a
|
|
hacker in the true sense. What would a year of this environment do to
|
|
such a person?
|
|
|
|
Our long ride back to New York was pretty quiet for the most part.
|
|
Occasionally we'd talk about what happened and then we'd be alone with
|
|
our thoughts. My thoughts are disturbing. I know what I saw was wrong.
|
|
I know one day we'll realize this was a horrible thing to do to
|
|
somebody in the prime of life. I don't doubt any of that. What I
|
|
worry about is what the cost will be. What will happen to these
|
|
bright, enthusiastic, and courageous people I've come to know and
|
|
love? How many of us will give up and become embittered shells of the
|
|
full individuals we started out as? Already, I've caught myself
|
|
muttering aloud several times, something new for me.
|
|
|
|
Mark was not the only one, not by far. But he was a symbol - even the
|
|
judge told him that at the sentencing. And a message was sent, as our
|
|
system of justice is so fond of doing. But this time another message
|
|
was sent - this one from Mark, his friends, and the scores of other
|
|
hackers who spoke up. Everybody knew this wasn't right. All through
|
|
this emotional sinkhole, our tears come from sadness and from anger.
|
|
And, to quote the Clash, "Anger can be power." Now we just have to
|
|
learn to use it.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 9 Dec 1993 10:58:52 -0800
|
|
From: fen@IMAGINE.COMEDIA.COM(Fen Labalme)
|
|
Subject: File 2--Federal Prison Regs on Computer Classes/Books
|
|
|
|
((MODERATORS' NOTE: Fen Labalme heard a rumor that "computer books"
|
|
could not be sent to federal prisoners. So, he tracked down the
|
|
information. Here's what he found)).
|
|
|
|
Well, after quite a few calls and re-directions, I finally got through
|
|
to one Tom Metzker at the federal bureau of prisons public affairs
|
|
office (202/307-3198). He was quite helpful, if a little "tentative"
|
|
as we talked.
|
|
|
|
He told me of a new (June 1993) prison policy that states that "no
|
|
computer training" will be done in federal prisons. This includes
|
|
(but is not limited to!) "programming techniques, computer languages,
|
|
and computer repairs". He went on to say that programming includes
|
|
"macros; for example, no DBase commands may be taught".
|
|
|
|
Tom informed me that many prisons now have computers for use by the
|
|
inmates, but that "people who exhibit a propensity towards computers
|
|
may be denied access to them".
|
|
|
|
I asked "what is the harm of learning a trade, such a C programming,
|
|
that could be useful when the prisoner leaves?" He said that the rule
|
|
was worded (as, he allowed, most such rules were) in a vague way that
|
|
ultimately left it up to the warden as to what would or would not be
|
|
allowable, and that special exceptions could be made by the warden in
|
|
any case.
|
|
|
|
Anyway, this all sounds pretty unfair to me. I could understand,
|
|
perhaps, if a person's crime was committed on computers that part of
|
|
the punishment may be denial of access to a computer. But my friend
|
|
was growing pot (a terrible crime -- aren't you glad that his
|
|
punishment is greater, thanks to those wonderful mandatory minimum
|
|
sentences, than if he had committed rape?) and now wants to learn
|
|
about computers as a legitimate way to make money in today's
|
|
information-centric world.
|
|
|
|
I think the prison system is failing us, the American society, if we
|
|
don't allow inmates to learn valuable, socially beneficial skills
|
|
while incarcerated. What can be done?
|
|
|
|
------------------------------
|
|
|
|
Date: Tue, 11 Jan 1993 14:21:18 EST
|
|
From: CuD Moderators <cudigest@mindvox.phantom.com>
|
|
Subject: File 3--How to Contact Phiber Optik
|
|
|
|
Emmanuel Goldstein's sensitive description of Phiber Optik's last day
|
|
of freedom underscores the need to rethink contemporary prison
|
|
philosophy: The punitive ethos emphasizing the "lock-'em-up" agenda
|
|
has failed. One of its nasty consequences includes incarcerating
|
|
those for whom prison time serves little purpose, costs the taxpayers
|
|
unnecessary money, and has no significant impact on crime rates.
|
|
|
|
Phiber will likely spend less than 10 months in prison, much less if
|
|
placed in an alternative program such as community corrections.
|
|
However, prison time--especially short time--is unpleasant. The daily
|
|
monotony, boredom, restrictions on freedom, and deprivation of even
|
|
the most common things that most of us take for granted, erode one's
|
|
psyche.
|
|
|
|
Schuylkill (pronounced "school-kill") FCI is in Minersville, PA in a
|
|
mountainous, rural-agricultural area. The central prison is fairly
|
|
large, about 1,000. There is also a Level One (minimum security)
|
|
satellite camp of about 290 residents where Mark will do his time.
|
|
|
|
According to a prison spokesperson, Mark will live in a two-person
|
|
cubicle. The prisoners in the camp were categorized as "non-violent,
|
|
first-term offenders," and instances of violence, assaults, and
|
|
attacks were described as "extremely rare." The spokesperson said that
|
|
all camp prisoners were assigned a prison job.
|
|
|
|
Those wishing to correspond with Mark or to send him packages should
|
|
note the following:
|
|
|
|
1) He may, in general, receive PAPERBACK BOOKS, soft-cover magazines,
|
|
newspapers, and conventional letters.
|
|
|
|
2) HARDCOVER BOOKS must be sent DIRECTLY from the publisher.
|
|
|
|
3) He MAY NOT receive in the mail clothes, food, money, stamps, or
|
|
anything else. No exceptions.
|
|
|
|
4) There are no explicit restrictions on the types of books or
|
|
periodicals he may receive. These are done on a case-by-case basis.
|
|
With the exception of legal correspondence, all incoming mail is
|
|
subject to screening by prison staff.
|
|
|
|
The prison spokesperson indicated that there is no set limit on the
|
|
number of books that Mark may receive, but emphasized that people
|
|
should use common sense. A prisoner's personal area, he said, is
|
|
rather small. Sending more than one or two books at a time could
|
|
quickly become a storage problem.
|
|
|
|
Emmanuel Goldstein of 2600 Magazine will be coordinating Mark's needs.
|
|
Those who wish to send books should contact Emmanuel at
|
|
emmanuel@well.sf.ca.us and see what kinds of books or papers should be
|
|
sent.
|
|
|
|
Mark's address:
|
|
|
|
Mark Abene (32109-054)
|
|
Schuylkill FCI
|
|
Minersville, PA 17954
|
|
|
|
------------------------------
|
|
|
|
Date: Mon, 07 Jan 94 18:21:29 EST
|
|
From: EFF <editors@eff.org>
|
|
Subject: File 4--EFF Helps Eliminate Outrageous Sentences for Computer Crimes
|
|
|
|
Source: EFFector Online Volume 7 No. 1 01/07/1994
|
|
|
|
Comments opposing the United States Sentencing Commission's proposed
|
|
guideline for the Computer Fraud and Abuse Act submitted by EFF, SEA
|
|
(the Society for Electronic Access), CPSR and others have been taken
|
|
to heart. The U.S.S.C. recently announced a *new* proposal for
|
|
Computer Fraud and Abuse sentencings. Instead of the single guideline
|
|
for all computer crimes proposed by the Department of Justice last
|
|
year, the new guideline takes into account the intention of the
|
|
defendant by directing the sentencing court to the most appropriate
|
|
existing guideline.
|
|
|
|
For example, under the old proposed guideline, a first time offender
|
|
who accessed a computer without authority, copied a non-protected
|
|
file, and posted that file to a BBS would get 10 to 16 months in
|
|
prison with no parole -- the judge would have been directed to the
|
|
Fraud guideline and would have had no discretion to craft another
|
|
sentence. Under the new guideline, if that intrusion was not done for
|
|
pecuniary or malicious purposes, the crime will be treated as a
|
|
misdemeanor, and the sentencing range would be 0 to 6 months. Real
|
|
wire fraud done with the intent to reap financial gain or to cause
|
|
harm to the system would result in the minimum 10 to 16 month
|
|
sentence.
|
|
|
|
EFF is proud to have played a role in encouraging the Sentencing
|
|
Commission to craft the new guideline. New communications
|
|
technologies, in their earliest infancy, are becoming the subject of
|
|
precedent-setting litigation. Overly strict sentences imposed for
|
|
computer-related fraud and abuse may have the effect of chilling these
|
|
technologies even as they develop. Until there are more cases on
|
|
which to base a guideline, individual sentencing decisions are best
|
|
left to the discretion of the sentencing judge, who presumably is most
|
|
familiar with the facts unique to each case. Legal precedents,
|
|
particularly the application of a sentencing guideline to violations
|
|
of the Computer Fraud and Abuse Act, can radically affect the course
|
|
of computer technology's future, and with it the fate of an important
|
|
tool for the exchange of ideas in a democratic society.
|
|
|
|
The Sentencing Commission is asking for comments by March 18, 1994.
|
|
It's important that we all tell the U.S.S.C. that we're happy with the
|
|
new proposed guideline for the Computer Fraud and Abuse Act. In the
|
|
very near future, EFF will be setting up an electronic mailbox to
|
|
receive electronic comments. In the meantime, written comments can be
|
|
sent to:
|
|
|
|
United States Sentencing Commission
|
|
One Columbus Circle, N.E.
|
|
Suite 2-500, South Lobby
|
|
Washington, DC 20002-8002
|
|
Attention: Public Information
|
|
|
|
A copy of the proposed guidelines is located at 58 Fed. Reg. 67522 or on
|
|
ftp.eff.org as pub/EFF/Issues/Legal/sentencing.amendment
|
|
|
|
------------------------------
|
|
|
|
Date: Mon, 10 Jan 94 11:31:11 -0800
|
|
From: sven@BRADBURY.NRL.NAVY.MIL(Sven Heinicke)
|
|
Subject: File 5--Brendan Kehoe, the accident and me ((The Passenger))
|
|
|
|
Hello, I just caught up with all my CuD's after being away for a bit.
|
|
In case your wondering who I am, well, I am the person who was riding
|
|
in the car with Brendan Kehoe when the accident happened. In the past
|
|
I have always hopped that I would be able to contribute something to
|
|
CuD and was never in the right place to do so, I was in the correct
|
|
place this time and I wish I was not. Here is what happened as I
|
|
remember it though I am leaving out some details, I'm not sure what
|
|
his family would want to get out. Put it in Cud if you wish, even if
|
|
you don't put it in, it still felt good to write it. I'm not sure
|
|
what the From line to this message will say it is from (as my
|
|
computers where half configured before the accident and are still half
|
|
configured) but mail to me should go to sven@wells.nrl.navy.mil.
|
|
|
|
|
|
Brendan Kehoe flew into Philadelphia on the 30th, as far as I know, it
|
|
was strictly a social calling as he went to school at Widener
|
|
University just outside of Philadelphia (Where I met him). I had
|
|
taken the train up from my job in D.C. on the same day to visit my
|
|
parents, my girlfriend, and I also knew the Brendan would be in town.
|
|
He had living accommodations with a friend but for some reason that
|
|
fell through, he called up my parents and asked if he could crash
|
|
there, my parents said fine. He arrived late in the night and we
|
|
talked for a few hours and want to bed. The next day we both realized
|
|
that we had nothing to do for New Years Eve, I was not going to see my
|
|
girlfriend until New Years day and he had no plans with other people
|
|
that day too. So we choose to rent a movie. We never made it to the
|
|
movie rental store. We would of probably rented a musical anyway :-).
|
|
|
|
It all happened about one mile away from my parents house. We where
|
|
talking in the car and I don't remember the talking ever stopping.
|
|
Things faded in on a broken windshield against the house, the front
|
|
end of the car was about half a meter into the house. I unbuckled my
|
|
seatbelt and got out of the car, after a few moments of disbelief I
|
|
figured out what happened. There was a lady there with a portable
|
|
phone whom told me she had already called the police. I asked her how
|
|
long I've had been out, she said about 10 minutes. She asked if I
|
|
knew somebody to call, I gave her my parents phone number and want
|
|
back in the car to check on Brendan. There was blood coming out of
|
|
his ears; as I moved my hand up to wipe one of his ears I noticed that
|
|
there was blood on my hand. Following where the blood was coming
|
|
from I found a large hole above my left eye. I tried to talk to
|
|
Brendan but got no reply. I started feeling dizzy, got out of the car
|
|
and sat down on the snow. The flashing lights started arriving at
|
|
that time and I started seeing double. My father showed up as the
|
|
Newtown Ambulance Squad arrived. They put me on the board and took me
|
|
to a local hospital, St. Mary's.
|
|
|
|
In the Ambulance I could hear the radio, they had called a helicopter
|
|
to take Brendan to the UPenn hospital. I got a broken collar bone,
|
|
got a good size hole in my head (though my skull is fine), parts of my
|
|
scalp are numb and I got this bothering pain in my side. Though my
|
|
typing is a little slower and I get dizzy from time to time (I have
|
|
talked to my doctor about that) I'm back at work. Brendan was/is
|
|
worse, though he is making a recovery faster then the doctors thought
|
|
he would. I saw him last Saturday, Jan 8th, he was recognizing
|
|
people, able to hold some conversations, and is very restless. Guess
|
|
his Irish blood does not want to keep still.
|
|
|
|
The local weekly paper _The Advance of Bucks County_ said that he ran
|
|
a stop sign. Somebody in a four wheel drive then hit Brendans rented
|
|
car on the side. It happened around noon and I hear the person in the
|
|
other car is no worse off then me. My father waited at the accident
|
|
until Brendan was out of the car and the helicopter was away. To get
|
|
him out of the car they had to remove the the roof. Across from the
|
|
street from where the car was there is a corn field which, due to the
|
|
time of year, was barren. So the helicopter was able to land in this
|
|
corn field, close to the accident. Father told me that he would of
|
|
not been surprised to hear that he died before he made it to the
|
|
hospital.
|
|
|
|
Some final notes, we where both wearing seatbelts (like that helped a
|
|
lot) and nobody involved was drinking.
|
|
|
|
Sven Heinicke
|
|
|
|
------------------------------
|
|
|
|
Date: Tue, 11 Jan 94 07:17:05 PST
|
|
From: brendan-news@cygnus.com
|
|
Subject: File 6--Current News (11 Jan '94) of Brendan Kehoe's Recovery
|
|
|
|
((MODERATORS' NOTE: Brendan Kehoe, author of ZEN AND THE ART OF THE
|
|
INTERNET, and a Cygnus Support engineer, was critically injured in
|
|
an automobile accident in Pennsylvania on Friday, 31 December, 1993.
|
|
Doctors expect a full physical recovery, but the extent of the
|
|
mental recovery remains uncertain. Brendan's progress suggests a
|
|
cautiously optimistic prognosis. The follow excerpts are taken from
|
|
the "brendan news" hotline (brendan-news@cygnus.com). They were
|
|
written by Jeff Osier, Brendan's housemate and co-worker.))
|
|
|
|
++++++++++++++
|
|
|
|
Brendan may not need reconstructive surgery on his face at all, as the
|
|
bones were broken but not really moved from where they're supposed to
|
|
be, and they kind of set themselves while he was comatose. The
|
|
swelling in his head has gone down tremendously, and he does look much
|
|
better than he did before. The doctor expects a full physical
|
|
recovery. Brendan will need a long time in therapy before he's fully
|
|
recovered mentally, and may never be the same old Brendan, but things
|
|
are looking brighter every day.
|
|
|
|
Before I forget, Brendan's mom sends an Irish blessing to all of you,
|
|
and thanks you for your concern and good wishes. The same thanks come
|
|
from me.
|
|
|
|
+++++++++++++++++++
|
|
|
|
We're going to try to get Brendan into a rehab center sometime toward
|
|
the end of this week. We're still deciding on a geographical location
|
|
(probably Boston, possibly Philly; Portland, Maine, would be great,
|
|
though we don't know the level of care he would get there) and need to
|
|
discuss with the insurance folks (who have been fabulous, by the way)
|
|
a mode of transportation. Lotsa details. Still dealing with other
|
|
insurances, rental car companies, the police (who have also been very
|
|
helpful and patient), etc. etc. etc...
|
|
|
|
Brendan is showing remarkable if not incredible progress. We can only
|
|
hope upon hope that this is a sign that his intellectual capacity will
|
|
bounce back as strong as it always was. There's a warning, though.
|
|
Brendan won't be the "old Brendan" again. A major head trauma affects
|
|
different people in different ways, but it is always a major
|
|
affectation. Of course, how could it not be?
|
|
|
|
The CuD folks are collating email messages for Brendan: instructions are:
|
|
We urge readers to send him a card. We will be collecting the notes
|
|
that come in wishing him well via e-mail, and send them to him in
|
|
about two weeks. So, if you want to send him an E-note, send it to us
|
|
(tk0jut2@mvs.cso.niu.edu) with the subject header: TO BRENDAN
|
|
|
|
NOTE: As of 1/7/94, all mail to brendan-news (besides getting an
|
|
auto-reply) will be forwarded to tk0jut2@mvs.cso.niu.edu, to be
|
|
included in the e-mail get-well wishes to be printed and given to
|
|
Brendan.
|
|
|
|
A fund to help with the expected medical expenses has been
|
|
established. Donations can be sent to:
|
|
|
|
Brendan's Friends
|
|
c/o Cygnus Support
|
|
One Kendall Square
|
|
Cambridge, MA 02139
|
|
|
|
Many, many thanks in advance. All cards and correspondence can be
|
|
forwarded to this address as well. It'll be best not to send anything
|
|
to the hospital, since Brendan will be moving soon, nor to the hotel,
|
|
since the family will be moving with him.
|
|
|
|
Again, questions can come to jeffrey@cygnus.com; no promises on a
|
|
turnaround time for answers, though. :)
|
|
|
|
------------------------------
|
|
|
|
Date: Wed, 5 Jan 1994 09:35:56 -0800
|
|
From: "James I. Davis" <jdav@WELL.SF.CA.US>
|
|
Subject: File 7--Technology & Employment Conf, 1/21-22, Cambridge, MA
|
|
|
|
******************************************************************
|
|
|
|
WHERE HAVE THE JOBS GONE? WHERE WILL THEY BE?
|
|
|
|
AN MIT CONFERENCE ON TECHNOLOGY AND EMPLOYMENT
|
|
|
|
Sponsored by the Technology and Culture Seminar of the MIT
|
|
Community Fellows Program
|
|
|
|
|
|
Friday, January 21 and Saturday, January 22
|
|
9:00 am - 5:00 pm
|
|
Building 6, MIT, Cambridge, MA
|
|
|
|
|
|
New England is a world center of the current technological
|
|
transformation, in which computers, electronics and genetics are
|
|
opening new modes of production and communication. In the midst of
|
|
this technological revolution, tens of thousands of people have
|
|
been laid off from high tech industries. These newly
|
|
unemployed include both highly-trained workers and new entrants
|
|
into the workforce. This conference will examine the factors
|
|
underlying this disturbing trend, and identify directions needed
|
|
to insure that increases in productivity raise the standard of
|
|
living of all members of society.
|
|
|
|
------------------------------------------------------------------
|
|
|
|
PLENARY SESSIONS:
|
|
|
|
THE IMPACT OF THE HIGH TECHNOLOGY REVOLUTION ON PRODUCTIVITY
|
|
Friday, 9:00 am
|
|
|
|
Ken Reeves, Mayor, City of Cambridge
|
|
Prof. Jon King, MIT
|
|
Prof. Tom Kochan, MIT Sloan School
|
|
Prof. Helen Shapiro, Harvard Business School
|
|
David Arian, President, International Longshoremen and
|
|
Warehouseman's Union
|
|
|
|
|
|
THE IMPACT OF THE HIGH TECHNOLOGY REVOLUTION ON JOBS
|
|
Friday, 4:00 pm
|
|
|
|
Juliet Schor, Director, Women's Studies Program, Harvard
|
|
Richard Barnet, Institute of Policy Studies
|
|
General Baker, National Organizing Committee of the Unemployed,
|
|
Detroit
|
|
|
|
|
|
HOW TO INSURE THAT THE NEW TECHNOLOGY RAISES THE GENERAL STANDARD
|
|
OF LIVING
|
|
Saturday, 9:00 am
|
|
|
|
Prof. Sarah Kuhn, Policy and Planning, UMASS-Lowell
|
|
Prof. Abdul Alkalimat, African-American Studies, Northeastern
|
|
University
|
|
Prof. Noam Chomsky, MIT
|
|
David Feickert, European Trade Union Conference
|
|
|
|
|
|
WHERE DO WE GO FROM HERE: JOB CREATION
|
|
Saturday, 1:30 pm
|
|
|
|
Prof. Mel King, Director, Community Fellows Program, MIT
|
|
Prof. Elaine Bernard, Director, Trade Union Program, Harvard
|
|
John LaRose, Oilfield Workers' Union, Trinidad
|
|
|
|
|
|
------------------------------------------------------------------
|
|
|
|
WORKSHOPS
|
|
|
|
FRIDAY 11:00 AM
|
|
|
|
Changing Production technologies
|
|
The Engineer's Role
|
|
The Impact of Information on Industrial Production
|
|
Cleaner and Safer Production Technologies
|
|
Shop Floor Initiatives
|
|
|
|
The Internationalization of Production: NAFTA
|
|
Moving Plants Abroad
|
|
Corporate Strategies
|
|
NAFTA and the Trade Unions
|
|
The European Situation
|
|
|
|
The Telecommunications Revolution
|
|
The National Information Infrastructure
|
|
Insuring Public Access
|
|
Employment Impacts
|
|
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The Biotechnology Industry
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Projected Growth
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Impact on Pharmaceuticals
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Unfulfilled Promises
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FRIDAY 2:00 PM
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Entering the High Tech Job Market
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The High-Tech Job Market
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A Students View
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High Tech Skills for the Disenfranchised
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The Electronic Office
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The Automated Office
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Undervalued Technical Work
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Electronic Surveillance
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The Changing Reality of Computer Industry Jobs
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Part-time Work
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Closing Doors to Minority Youth
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Coping with Layoffs
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High Tech Peace Corps?
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Converting from Military to Civilian Research and Development
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Civilian R&D in the Post Cold War Period
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Prospects at Lincoln Lab
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Physics After the Code War
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Campus-Based Efforts
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Sociobiological Justifications of Social Inequality
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Brain and Behavior
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Exploding the Gene Myth
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The Myth of the Underclass
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Medicalization of Social Problems
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SATURDAY 11:00 AM
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The Impact of Unemployment on Education
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The Struggle for Public Education
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The New Technology and New Illiteracy: Black Community's
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Survival Crisis
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Education for Unemployment
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Alternatives to Plant Closings
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The National Pattern of Layoffs
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The Employee Buy-out of Market Forge
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State Intervention
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Restructuring Labor/Management Relations?
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Converting from Military to Civilian Production
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Historical Precedents
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The Machinists Role
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Federal Financing
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Conversion Efforts in Massachusetts
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Struggles in the Shadow of the High Tech Industry
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Building a Youth Center in the High Tech Shadow
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Child Care in the High Tech Shadow
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The Carpenter's Union Experience
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The Politics of Agriculture and Food Production
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The Hybrid Corn Experience
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Mechanization of Agriculture
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Regulation of Genetically Engineered Foods
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Agribusiness and Ecology
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To reserve program documents and register, send $5 to Patricia
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Weinmann, 312 Memorial Drive, Cambridge, MA 02139. Make checks
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payable to "The Technology and Culture Seminar."
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For more information, contact Patricia Weinmann, (617) 253-0108,
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or email paradise@mit.edu.
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PLEASE RE-POST!
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******************************************************************
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End of Computer Underground Digest #6.05
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************************************
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