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827 lines
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|
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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 1, Issue #1.05 (April 22, 1990) **
|
||
****************************************************************************
|
||
|
||
MODERATORS: Jim Thomas / Gordon Meyer
|
||
REPLY TO: TK0JUT2@NIU.bitnet
|
||
|
||
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
information among computerists and to the presentation and debate of
|
||
diverse views.
|
||
--------------------------------------------------------------------
|
||
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.
|
||
--------------------------------------------------------------------
|
||
|
||
|
||
In This Issue:
|
||
|
||
File 1: Moderators' Corner (news and notes)
|
||
File 2: From the Mailbag
|
||
File 3: Freedom of Information / FBI Surveillance of BBSs
|
||
File 4: An Awkward conversation with S.P.A
|
||
File 5: "ERRATA" (Go placidly amongst the BBS world....hi-camp!)
|
||
--------------------------------------------------------------------
|
||
|
||
|
||
***************************************************************
|
||
*** Computer Underground Digest Issue #1.05 / File 1 of 5 ***
|
||
***************************************************************
|
||
|
||
In this file:
|
||
-- Mail problems
|
||
-- Archives
|
||
-- Legion of Doom Update
|
||
-- Policy on Anonymous postings
|
||
-- Call for articles
|
||
--------------------------------------------------------------
|
||
|
||
**MAIL PROBLEMS:**
|
||
|
||
We are not getting thru all the gateways, so if you know of anybody who has
|
||
requested back issues but hasn't heard from us, let us know, or have them
|
||
send several addresses we can try. Do not rely on the header has an address,
|
||
because it doesn't always work. "@ORION" has been a special problem.
|
||
--------------------------------------------------------------------
|
||
|
||
**ARCHIVES**:
|
||
|
||
We're still trying to work out a site to make archives of text files
|
||
available. Our own system software can't provide one. A few volunteers have
|
||
come forth, but if anybody else can set something up, it might speed things
|
||
up.
|
||
|
||
Current holdings are still sparce. They include:
|
||
a) PHRACK, PIRATE, ATI, LoD/H, P/Hun, and several hundred
|
||
miscellaneous small files.
|
||
b) A Master's thesis and several academic papers
|
||
c) A variety of news clippings, most of which are probably
|
||
copyright protected and cannot be published
|
||
|
||
WE *STRONGLY* urge anybody who comes across any research papers, news
|
||
articles, or other "hard copy" info related to computer underground activity
|
||
to send it along so we can build the archives.
|
||
|
||
We have found it difficult to honor all requests for arhives at once. So, to
|
||
get copies of something, for example ATIs, just send periodic requests and
|
||
we'll send a few out at a time, and keep sending requests until you have
|
||
what you originally wanted.
|
||
|
||
--------------------------------------------------------------------
|
||
|
||
**LEGION OF DOOM UPDATE (Indictment news)**:
|
||
|
||
|
||
Many have asked how the LoD/Phrack E911 case(s) is coming. Well,
|
||
unfortunately very little news has reached us regarding the status of the
|
||
charges against The Prophet. Anyone with factual news in this regard is
|
||
welcome to submit it... The case against Knight Lightning has a pre-trial
|
||
motion pending in the next week or so (late April, '90). The defense has
|
||
asked that the indictment be withdrawn and re-submitted in a form that
|
||
eliminates the prejudicial and un-proven allegations presented as fact that
|
||
it presently contains.
|
||
|
||
The actual trial date was once set for early June, but the Government asked
|
||
that the pre-trail motion be rescheduled from it's original date of a couple
|
||
of weeks ago so I would assume the trial date will also be pushed back
|
||
accordingly.
|
||
|
||
As more facts become known and appropriate to share, we will keep you
|
||
updated.
|
||
|
||
GRM
|
||
|
||
--------------------------------------------------------------------
|
||
|
||
**ANONYMOUS POSTING POLICY**:
|
||
|
||
We have been asked our policy on anonymous postings. We have previously
|
||
defended the use of pseudonyms as necessary, and are willing to post
|
||
questions, general information, or articles of a reasonable nature either
|
||
with a handle or anonymously. However, we cannot reproduce flames or
|
||
articles for which attribution might be required. Our rationale for allowing
|
||
anonymous postings is based on the respect for privacy of those who feel
|
||
they have something to say, but who may be afraid of repercussions from
|
||
employers or colleagues for speaking in public. Not everybody realizes that
|
||
we still have a first amendment, and speaking in public is not always wise
|
||
if one values their job. Unfortunately, the "chilling effect" has real
|
||
sources. Just ask Steve Jackson.
|
||
|
||
--------------------------------------------------------------------
|
||
|
||
**CALL FOR ARTICLES:**
|
||
|
||
We need some people to contribute a few more stories, comments, or articles.
|
||
We can try to keep news coming, but were hoping for some lively debate and a
|
||
bit more news from various regions. We know that lots of subscribers are
|
||
down on computer underground activity, and we don't want this to be a
|
||
one-sided forum. The purpose here is to break down barriers so the two sides
|
||
have a better appreciation of the other.
|
||
|
||
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
|
||
+ END THIS FILE +
|
||
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
|
||
|
||
|
||
|
||
***************************************************************
|
||
*** Computer Underground Digest Issue #1.05 / File 2 of 5 ***
|
||
***************************************************************
|
||
|
||
------------------
|
||
FROM THE MAIL BAG:
|
||
------------------
|
||
|
||
Date: Tue, 3 Apr 90 20:33:07 GMT
|
||
From: Ed Ravin <cmcl2!dasys1!eravin@rutgers.edu>
|
||
Subject: Re: Legion of Doom Rebuttal to Moderator
|
||
Reply-to: Ed Ravin <cmcl2!dasys1!eravin@rutgers.edu>
|
||
Summary: overzealous law enforcement?
|
||
|
||
In article <5462@accuvax.nwu.edu> %of TELECOM DIGEST%
|
||
Gene Spafford <spaf@cs.purdue.edu> writes:
|
||
|
||
>Now maybe there are one or two people on the law enforcement side who
|
||
>are a little over-zealous (but not the few I talk with on a regular
|
||
>basis). For someone to be indicted requires that sufficient evidence
|
||
>be collected to convince a grand jury -- [...] that the evidence shows
|
||
>a high probability that the crimes were committed.
|
||
|
||
Here in New York, and other places as well, grand juries are known for
|
||
being tools of prosecutors, in that the prosecutor is able to manipulate
|
||
the evidence presented before them as much as he or she likes in order to
|
||
convince the grand jury to indict or not indict as the prosecutor desires.
|
||
Every now and then some newspaper here calls for the abolishment of the
|
||
grand jury system entirely because it is merely an extension of the
|
||
prosecutor's will. This isn't true everywhere -- things vary. But in most
|
||
cases, a grand jury is not a check against an overzealous prosecutor.
|
||
|
||
>Search warrants require probable
|
||
>cause and the action of judges who will not sign imprecise and poorly
|
||
>targeted warrants.
|
||
|
||
2600 magazine a few years ago reprinted the courtroom transcripts for a
|
||
search warrant issued for a particular bulletin board system at a
|
||
particular phone number. The local police testified that they hadn't
|
||
actually been able to verify that a BBS was at this number, because the
|
||
number was always busy. They did not present any evidence that the BBS had
|
||
been involved in any illegal activity, except that its phone number had been
|
||
found on another BBS. The judge signed the warrant anyway.
|
||
|
||
The legal system can be abused for anyone, including mafioso. We should be
|
||
especially vigilant of possible abuse when it comes to these
|
||
computer-related cases, because not only is the legal system is still
|
||
sorting out what is a crime, but prosecutors, police and judges are still
|
||
learning what computers are, and the media exaggeration and
|
||
sensationalization of any computer-related case tends to make it difficult
|
||
for remote observers (like here in Telecom) to make informed opinions.
|
||
|
||
|
||
--
|
||
Ed Ravin | hombre!dasys1!eravin | "A mind is a terrible thing
|
||
(BigElectricCatPublicUNIX)| eravin@dasys1.UUCP | to waste-- boycott TV!"
|
||
--------------------------+----------------------+-----------------------------
|
||
Reader bears responsibility for all opinions expressed in this article.
|
||
|
||
==============================================================================
|
||
|
||
-------------
|
||
"Pain Hertz" had a question we couldn't answer. Perhaps somebody
|
||
else can:
|
||
-------------
|
||
|
||
|
||
I recall seeing a text file about a BBS in Ca. whos sysop was the defendent
|
||
in a lawsuit involving LD access codes. It seems that an 'automessage' was
|
||
posted with the codes and a PacBell employee logged on finding them. This
|
||
was several years ago and stirred a debate over the liability of a BBS
|
||
sysop. I would like to know how this was resolved. I will try to find the
|
||
original text file. If I recall correctly, this BBS was located in San
|
||
Diego.
|
||
|
||
%from Pain Hertz%
|
||
|
||
|
||
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
|
||
+ END THIS FILE +
|
||
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
|
||
|
||
***************************************************************
|
||
*** Computer Underground Digest Issue #1.05 / File 3 of 5 ***
|
||
***************************************************************
|
||
|
||
|
||
THE SOFTWARE PUBLISHERS ASSOCIATION: DON'T CALL US, WE'LL CALL YOU.
|
||
|
||
NOTE!! Several attempts have been made to obtain information from the SPA
|
||
regarding their programs, charter, and membership information. Despite
|
||
multiple promises I have not yet received any information that I have
|
||
requested. Therefore what is stated about the organization, it's purpose,
|
||
and history is based on independent piece-meal research and has not been
|
||
supplied by the SPA.
|
||
|
||
The Software Publisher's Association is an industry organization composed
|
||
of small, medium, and large software publishing firms. One of their chief
|
||
activities in the past has been to wage a public relations battle against
|
||
"software piracy". This campaign, largely through print ads in major
|
||
computer magazines, has emphasized the illegality of trading software
|
||
programs with coworkers and friends. To my knowledge they have not
|
||
directed their attention to the CU realm of the pirate, and in fact, up
|
||
until recently, have largely avoided using the label "pirate" at all.
|
||
|
||
One of the newest "weapons" the SPA has unleashed against software trading
|
||
is something called a "corporate audit". My knowledge of this is hazy (see
|
||
above notation) but from what I can gather it is a process that
|
||
corporations submit to voluntarily. The SPA will conduct an audit of
|
||
magnetic media (hard drives, etc) used on a corporation's computers to
|
||
assist them in complying with copyright laws and license agreements. Again
|
||
the thrust of the program is directed to the corporate world, not the
|
||
Computer Underground.
|
||
|
||
However the SPA has taken some steps to curb the CU trading of "warez".
|
||
One of these techniques has been to open a toll-free "snitch line" where
|
||
people could call and report BBS systems that have copyrighted programs in
|
||
their download areas. This "snitch line" (my term, I don't know what they
|
||
call it...again, see above notation.) differs from an SPA program of a few
|
||
years ago when they offered a $100.00 dollar reward for turning in Pirate
|
||
bulletin board systems. At that time the caller had to supply a list of
|
||
downloadable files, the number of the board, the name and address of the
|
||
sysop, and a valid sign on and password to the board in question. To the
|
||
best of my knowledge the current program does not offer a monetary reward,
|
||
and they extent of the information they are requesting may have changed.
|
||
|
||
I recently called the "snitch line" as a participant observational
|
||
experiment in turning in a Pirate bulletin board. My intent was to
|
||
determine the information collected by the SPA and the conceptualization of
|
||
"piracy" and "warez" that was being used. Below
|
||
is an account and transcript of that conversation.
|
||
--------------
|
||
Software Publisher's Association Monday 2/19/90
|
||
|
||
I dialed the SPA "turn in a pirate board" number that I had picked up
|
||
somewhere in my bbs travels. 1-800-388-PIRS...cute, but not cute enough to be
|
||
considered bagging the whole warez scene.
|
||
|
||
The phone was ringing... "Hello, Warren (or something that sounded
|
||
like Warren) Travel", a male voice said.
|
||
|
||
"Errrr, I think I've reached a wrong number, who is this?"
|
||
|
||
"Warren Travel, are you trying to get a hold of that software place?"
|
||
|
||
I told him that I was.
|
||
|
||
"They published our number by accident. Sorry."
|
||
|
||
I apologized to him and hung up. I should have asked him how many calls
|
||
he had been getting...would be some indication of how much activity a
|
||
snitch hotline could generate. I wonder if the SPA is paying for this
|
||
guys phone bill? Toll free calls cost about fifty cents...
|
||
|
||
I then tried toll free information, and asked for the Software Publishers
|
||
Association. No listing. Hmmmm, have they given up the "report a pirate
|
||
line" idea?
|
||
|
||
I called information for the District of Columbia and got the office
|
||
number for the SPA. After about 10 rings (yes, ten..this was not at
|
||
lunch time) a guy answered...
|
||
|
||
"Software Publishers Association".
|
||
|
||
"Hi, I was wondering what kind of mechanisms you have in place for
|
||
people who want to report a pirate bulletin board."
|
||
|
||
"Give me the number." (curtly)
|
||
|
||
"That's it? That's your mechanism?"
|
||
|
||
(about 4 seconds of silence)
|
||
"What have you got?"
|
||
|
||
"A pirate bbs, 100 megs, pirated software for IBM, Atari, and Amiga."
|
||
|
||
(about 3 seconds of silence)
|
||
|
||
"Where did you get the number?"
|
||
|
||
"Off a list a bbs somewhere, I don't know for sure."
|
||
|
||
"What did it say?"
|
||
|
||
"The listing? It's a list of BBS's...it said the name of the board and
|
||
gave the phone number."
|
||
|
||
"No, _this_ number." (sounding frustrated or hurried)
|
||
|
||
"Your number? I called information and asked for the SPA!"
|
||
|
||
(silence)
|
||
|
||
"Can you give us a lot of information on this board? Who's the sysop?
|
||
What's his address?"
|
||
|
||
"I don't know that. All I have is the number and it's a pirate board.
|
||
First time callers get full access to all the downloads and you can see
|
||
the files right there."
|
||
|
||
"oh. Well, give me the phone number."
|
||
|
||
"Okay, 708/555-5555" (I gave him the phone number for the local
|
||
Telenet port.)
|
||
|
||
(about 3 seconds of silence)
|
||
"We'll look into it."
|
||
|
||
"What are you going to do?"
|
||
|
||
(more silence)
|
||
|
||
"We'll look into it."
|
||
|
||
"I see, and what's your name please?"
|
||
|
||
(again, some silent hesitation)
|
||
|
||
"Ken"
|
||
|
||
"Okay, Ken. Bye."
|
||
|
||
>click< (Ken hung up w/out saying anything else)
|
||
|
||
end of transcript. Total time for call, approx 3 minutes.
|
||
____________________________________
|
||
|
||
I believe the transcript portrays the uninterested, slightly rude manner in
|
||
which my call was taken. The fact that Ken was suspicious of where I had
|
||
gotten the number to his office, and failed to query me as to the
|
||
contents, location, etc of the board I was supposedly reporting indicates
|
||
to me that either I reached an individual that was not accustomed to
|
||
answering the phone for these calls (as may be indicated by the excessive
|
||
number of rings he took to answer, maybe the secretary was ill that day)
|
||
or, perhaps, a lack of seriousness on the part of the SPA in dealing with
|
||
this "crime".
|
||
|
||
The Software Publishers Association is a leading source of unverified (and
|
||
un-verifiable) information regarding the expense and extent of "piracy".
|
||
Here we have seen just how interested they appear to be when presented with
|
||
an opportunity to squelch what may have been, for all they knew, a "major
|
||
supplier of pirated software".
|
||
|
||
Postscript: I have since learned that the correct number for the "snitch
|
||
line" is 800/388-PIR8. As of yet I have not repeated my experiment. Others
|
||
are welcome to do so and I'd appreciate hearing
|
||
|
||
GRM
|
||
72307.1502@compuserve.com
|
||
|
||
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
|
||
+ END THIS FILE +
|
||
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
|
||
|
||
|
||
***************************************************************
|
||
*** Computer Underground Digest Issue #1.05 / File 4 of 5 ***
|
||
***************************************************************
|
||
|
||
Date: Sun, 8 Apr 90 12:13:27 -0700
|
||
From: <mrotenberg@cdp.uucp>
|
||
To: TK0JUT2
|
||
Subject: FBI BBS Surveillance (CPSR FOIA Request)
|
||
|
||
On August 18, 1989 CPSR submitted a Freedom of Information Act request to the
|
||
FBI asking for information about BBS surveillance. After four follow-up
|
||
letters, a series of phone calls, and Congressional testimony that discussed
|
||
the CPSR request, the FBI has failed to respond to our request. (The statutory
|
||
time limit for the FOIA is ten days).
|
||
|
||
If any one has information about possible FBI surveillance of bulletin boards
|
||
or networks, please send it to me. Specific dates, locations, BBSs are
|
||
important. (You can send information to me
|
||
anonymously by land mail, if you need to protect your identity).
|
||
|
||
Thanks for your assistance,
|
||
|
||
Marc Rotenberg, Director
|
||
CPSR Washington Office
|
||
1025 Connecticut Ave., NW, Suite 1015
|
||
Washington, DC 20036
|
||
202/775-1588 (voice)
|
||
202/775-1941 (Data)
|
||
rotenberg@csli.stanford.edu or
|
||
cdp!mrotenberg@arisia.xerox.com
|
||
|
||
Contents:
|
||
1. CPSR FOIA Request to the FBI Regarding BBS Surveillance
|
||
2. CPSR letter to Congressman Don Edwards regarding FOIA request
|
||
3. Chronology of events
|
||
|
||
|
||
[CPSR FOIA Request to the FBI Regarding BBS Surveillance]
|
||
|
||
|
||
CPSR Washington Office
|
||
1025 Connecticut Avenue, NW
|
||
Suite 1015
|
||
Washington, DC 20036
|
||
202 775-1588
|
||
202 775-1941 (fax)
|
||
|
||
Director
|
||
Marc Rotenberg
|
||
August 18, 1989
|
||
FOIA Officer
|
||
FBI
|
||
9th St. & Penn. Ave., NW
|
||
Washington, DC 20535
|
||
Dear FOIA Officer,
|
||
This is a request under the Freedom of Information Act, 5 U.S.C. 552.
|
||
|
||
Part I:
|
||
I write to request a copy of all materials relating to the FBI's collection of
|
||
information from computer networks and bulletin boards, such as PeaceNet (San
|
||
Francisco CA) or The Well (Berkeley CA), that are used frequently by political
|
||
or advocacy organizations. In particular, I would like any records which would
|
||
indicate whether the Bureau is intercepting, collecting, reviewing, or
|
||
"downloading" computer transmissions from any of the following networks and
|
||
conferences: Action Southern Africa, AIDS Coalition Network, The American Peace
|
||
Test, Amnesty International, Association for Progressive Communications, Beyond
|
||
Containment, Center for Innovative Diplomacy, Central America Resource Center,
|
||
Central America Resource Network (CARNet), The Christic Institute, Citizen
|
||
Diplomacy, Community Data Processing, EcoNet, Friends of the Earth, Friends
|
||
Committee on National Legislation, HandsNet, Institute for Peace and
|
||
International Security, Media Alliance, Meiklejohn Civil Liberties Institute,
|
||
National Execution Alert Network, Palo Alto Friends Peace and Social Action
|
||
Committee, PeaceNet. Quaker Electronic Project, Web, The Well.
|
||
This request includes public communications that take place through a computer
|
||
bulletin board. For example, this would include both transmissions that are
|
||
available for public perusal, a "conference" or "posting," as well as
|
||
transmissions that are directed from one party to one or more other specific
|
||
parties and intended as private, "electronic mail."
|
||
|
||
Part II:
|
||
I also request any records that would indicate whether the FBI, or anyone
|
||
acting at the behest or direction of the FBI, has any computer accounts on any
|
||
computer bulletin boards operated by an advocacy or political organization,
|
||
and, if so, the names of the bulletin boards, and whether the Bureau has
|
||
indicated the actual organizational affiliation of the account holders to the
|
||
system operators.
|
||
|
||
Part III:
|
||
I also request any records that would indicate whether the Bureau has ever
|
||
operated, is currently operating, is involved in the operation of, or is
|
||
planning to operate, a computer bulletin board that is intended for public
|
||
use.
|
||
|
||
Part IV:
|
||
I would also like any records which would indicate the circumstances under
|
||
which it would be appropriate for an agent or authorized representative, asset,
|
||
informant, or source of the Bureau to intercept, collect, review, or "download"
|
||
the contents of computer bulletin boards.
|
||
|
||
Part V:
|
||
I would like any records relating to the FBI's development, research, or
|
||
assessment of computer systems for automated review of information stored in an
|
||
electronic format, obtained from a computer bulletin board or network.
|
||
|
||
Part VI:
|
||
Finally, I request any records that would indicate whether the FBI has
|
||
developed, or is planning to develop, a system that could automatically review
|
||
the contents of a computer file, scan the file for key terms or phrases, and
|
||
then recommend the initiation of an investigation based upon this review.
|
||
|
||
I ask that you check with your regional offices in San Francisco, San Jose,
|
||
Austin, Phoenix, Los Angeles, and New York, in addition to the files that are
|
||
available in Washington, DC. I also ask that you consult with those agents
|
||
involved in the investigation of computer crime to determine whether they might
|
||
be aware of the existence of such records. You should also check any documents
|
||
relating to John Maxfield, who was employed by the Bureau to investigate
|
||
computer bulletin boards.
|
||
Under the Freedom of Information Act, you may withhold all properly exempted
|
||
materials. However, you must disclose all non-exempt portions that are
|
||
reasonably segregable. I reserve the right to appeal the withholding or
|
||
deletion of any information.
|
||
Under the Freedom of Information Act, CPSR is entitled to a waiver of all fees
|
||
for this request because the "disclosure of this information is likely to
|
||
contribute significantly to the public understanding of the operations or
|
||
activities of the government and is not primarily in the commercial interest of
|
||
the requester." CPSR is a non-profit, educational organization of computer
|
||
scientists. Our work has been cited in scholarly journals, trade publications,
|
||
and the national media. CPSR has particular expertise on the use of computer
|
||
technology by the FBI, having prepared an extensive report on the proposed
|
||
expansion of the NCIC at the request of Congressman Don Edwards. For these
|
||
reasons, CPSR is entitled to a waiver of all fees.
|
||
If you have any questions regarding this request, please telephone me at the
|
||
above number. I will make all reasonable efforts to narrow the request if you
|
||
determine that it has been too broadly framed.
|
||
As provided in the Freedom of Information Act, I will expect to receive a
|
||
response within ten working days.
|
||
|
||
Sincerely yours,
|
||
|
||
|
||
Marc Rotenberg, Director
|
||
Washington Office,
|
||
Computer Professionals
|
||
for Social Responsibility
|
||
|
||
|
||
[CPSR letter to Congressman Don Edwards regarding FOIA request]
|
||
|
||
1
|
||
|
||
|
||
February 27, 1990
|
||
Representative Don Edwards
|
||
Subcommittee on Civil and
|
||
Constitutional Rights
|
||
House Judiciary Committee
|
||
806 House Annex 1
|
||
Washington, DC 20515
|
||
|
||
Dear Chairman Edwards:
|
||
I am writing to you about a particular FOIA request that CPSR
|
||
has pursued since August of last year. We asked the FBI for
|
||
information about the monitoring of computer networks and bulletin
|
||
boards. We initiated this request because of the obvious civil
|
||
liberties interests -- speech, associational, and privacy -- that
|
||
would be endangered if the FBI's examination of the contents of
|
||
computer systems failed to satisfy appropriate procedural
|
||
safeguards.
|
||
After six months of delay, five certified letters to the
|
||
Bureau's FOIA/Privacy Act office, and many phone calls with the
|
||
FBI's FOIA officers, we have not received even a partial response to
|
||
our request.
|
||
On September 20, 1989 a FOIA officer at the FBI assured us
|
||
that information would be forthcoming "in a couple of weeks." A
|
||
letter from the FBI FOIA/PA office on December 22 indicated that
|
||
information responsive to our request "has been located and will be
|
||
assigned for processing soon." But when I spoke with a FBI FOIA
|
||
Officer on February 15, less than two weeks ago, I was told that
|
||
they "haven't even started" to process the request and that the FBI
|
||
couldn't say when we would receive a response. (Please see
|
||
enclosed chronology and attachments).
|
||
The need for this information is truly urgent. Further delay
|
||
will constitute a denial. Congress is now considering several
|
||
computer crime bills, such as H.R. 55 and H.R. 287, that could
|
||
broaden the authority of federal agents to examine the contents of
|
||
computer systems across the country. There is a good chance that a
|
||
bill will pass before the end of this session.
|
||
Before opening the door to new forms of criminal
|
||
investigation, Congress and the public should have a complete
|
||
picture of the FBI's current practices. Computer communications are
|
||
particularly vulnerable to surveillance and routine monitoring.
|
||
Computer mail unrelated to a particularized investigation could be
|
||
swept up in the government's electronic dragnet if the law is not
|
||
carefully tailored to a well defined purpose. Without a clear
|
||
understanding of the civil liberties problems associated with the
|
||
investigation of computer crime, Congress may be exacerbating a
|
||
problem it does not yet fully know about.
|
||
CPSR's Freedom of Information Act request could provide
|
||
answers to these questions. The FOIA establishes a presumption
|
||
that the activities of government should be open to public review
|
||
and that agency records should be disclosed upon request. But the
|
||
Bureau failed to comply with the statutory requirements of the FOIA
|
||
and frustrated our effort to obtain information that should be
|
||
disclosed. Without this information computer users, the public, and
|
||
the Congress, may be unable to assess whether the Bureau's current
|
||
activities conform to appropriate procedural safeguards.
|
||
Computer crime is a serious problem in the United States. One
|
||
auditing firm places the annual loss between $3 billion and $5
|
||
billion. Nonetheless, it is necessary to ensure that new criminal
|
||
law does not undermine the civil liberties of computer users across
|
||
the country. We requested information from the FBI under the FOIA
|
||
to help assess the adequacy of current safeguards. The Bureau failed
|
||
to respond. The result is that the public is left in the dark at a time
|
||
when significant legislation is pending.
|
||
We would appreciate whatever assistance with this request
|
||
you might be able to provide.
|
||
|
||
Sincerely yours,
|
||
|
||
|
||
|
||
Marc Rotenberg, Director
|
||
CPSR Washington Office
|
||
|
||
|
||
Enclosure
|
||
Chronology of CPSR's FOIA Request regarding
|
||
FBI Monitoring of Computer Networks with attachments
|
||
|
||
cc: Representative Charles Schumer
|
||
Representative Wally Herger
|
||
|
||
FBI FOIA/PA Office
|
||
|
||
[Chronology of events]
|
||
|
||
Chronology of events
|
||
|
||
1
|
||
|
||
|
||
CPSR FOIA Request
|
||
|
||
FBI Monitoring of Computer Networks
|
||
|
||
CHRONOLOGY
|
||
|
||
|
||
Aug. 18, 1989
|
||
|
||
CPSR sends FOIA request to FBI seeking agency
|
||
records regarding the FBI's monitoring of computer
|
||
networks and computer bulletin boards used by
|
||
political and advocacy organizations. The FOIA
|
||
request seeks information about:
|
||
|
||
% the FBI's surveillance of computer bulletin
|
||
boards and networks used by political
|
||
organizations;
|
||
|
||
% the FBI's creation of clandestine accounts on
|
||
computer bulletin boards and networks operated
|
||
by political organizations;
|
||
|
||
% the FBI's creation of secret accounts on public
|
||
bulletin boards;
|
||
|
||
% the FBI's procedures regarding the downloading
|
||
of information contained on a computer bulletin
|
||
board;
|
||
|
||
% the FBI's research on the automated review of
|
||
the contents of information contained on
|
||
computer bulletin board and networks; and
|
||
|
||
% the FBI's research on the automation of the
|
||
decision to initiate a criminal investigation,
|
||
based on the contents of a computer
|
||
communication.
|
||
|
||
The letter requests a fee waiver based on the
|
||
public interest standard. The letter indicates that
|
||
CPSR has particular expertise in the evaluation of
|
||
the civil liberties implications of law enforcement
|
||
computer systems, having completed an extensive
|
||
report for the House Judiciary Committee on the
|
||
proposed expansion of the FBI's computer system,
|
||
the NCIC. The letter further states that CPSR
|
||
would work with the FOIA/PA office to facilitate
|
||
the processing of the request.
|
||
|
||
Aug. 31, 1989
|
||
|
||
FBI response #1. FBI sends a letter to CPSR
|
||
acknowledging receipt of the FOIA request and
|
||
designating the request "FBI's Computer Networks
|
||
and Bulletin Board Collection," request no. 319512.
|
||
|
||
Sept. 20, 1989
|
||
|
||
CPSR speaks with FOIA Officer Keith Gehle
|
||
regarding status of request. Mr. Gehle states that
|
||
he can not send a response "until he receives
|
||
responses from various agencies." It is "difficult
|
||
to go to computing indices." He says that he
|
||
expects to have information "in a couple of
|
||
weeks,"and will have a response "by October 5, at
|
||
the latest."
|
||
|
||
Oct. 16, 1990
|
||
|
||
CPSR Follow-up letter #1. CPSR confirms
|
||
conversation with Mr. Gehle regarding Oct. 5 target
|
||
date and asks FOIA Officer to call to indicate the
|
||
status of the FBI's response to the request.
|
||
|
||
Oct. 26, 1989
|
||
|
||
CPSR speaks with Mr. Gehle. He says, "we are
|
||
working on your request." "We should have
|
||
something soon. Hate to give a specific date, but
|
||
should have a letter for you within two weeks."
|
||
|
||
Nov. 22, 1989
|
||
|
||
CPSR follow-up letter #2. CPSR writes to Mr.
|
||
Gehle, notes that Mr. Gehle said he was working on
|
||
the request, and the that response should have been
|
||
sent by Nov. 9. CPSR requests that FOIA officer
|
||
call CPSR by Dec. 1 to indicate the status of the
|
||
request.
|
||
|
||
Dec. 22, 1989
|
||
|
||
FBI response #2. FBI sends letter,
|
||
acknowledging receipt of Oct. 16 and Nov. 22
|
||
letters. The letter states that "[i]nformation which
|
||
may be responsive to your request has been located
|
||
and will be assigned for processing soon." The
|
||
letter indicates that the FOIA/PA office receives a
|
||
large number of requests and that delays are likely.
|
||
|
||
Jan. 9 , 1990
|
||
|
||
CPSR follow-up letter #3. CPSR writes to Mr.
|
||
Moschella, chief of the FOIA/PA office at the FBI,
|
||
acknowledges Dec. 22 letter and location of
|
||
responsive information. Requests that records be
|
||
sent by Feb 18, 1990.
|
||
|
||
Jan. 19, 1990
|
||
|
||
FBI response #3. FBI sends letter stating that
|
||
the Bureau has allocated many agents to FOIA
|
||
processing, that a large number of requests are
|
||
received. The letter further states that "a delay of
|
||
several months or more may be anticipated before
|
||
your request is handled in turn."
|
||
|
||
Feb. 2, 1990
|
||
|
||
CPSR follow-up letter #4. CPSR writes to Mr.
|
||
Moschella, acknowledges Jan. 19, expresses
|
||
concern about delay. Letter notes that CPSR was
|
||
assured by a FOIA officer in the fall that "request
|
||
would be answered within 'a couple of weeks.'"
|
||
|
||
Feb. 15, 1990
|
||
|
||
CPSR receives call from Mr. Boutwell. According to
|
||
Mr. Boutwell, FBI can't say when request will be
|
||
processed. "Haven't even started. Backlogs and lay-
|
||
offs during past year . . ." CPSR: FOIA Officer
|
||
indicated information had been located. FBI: Too
|
||
optimistic. "Request not yet assigned to an analyst
|
||
. . . working now on 1988 requests . . . Litigation is
|
||
taking up time . . . analyst is taking time away
|
||
from document review for litigation . . . increased
|
||
requests, fewer personnel, lots of other factors.
|
||
Would expedite for life and death or due process,
|
||
pursuant to agency regulations." CPSR: so when do
|
||
we receive a response? FBI: "Can't say."
|
||
|
||
<< END >>
|
||
|
||
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
|
||
+ END THIS FILE +
|
||
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
|
||
|
||
|
||
***************************************************************
|
||
*** Computer Underground Digest Issue #1.05 / File 5 of 5 ***
|
||
***************************************************************
|
||
|
||
Modem Errata
|
||
|
||
GO PLACIDLY among the line noise and baud rates, and remember, what boredom
|
||
there was before BBSing. As far as possible, do not COVET your neighbors
|
||
HST. Answer your Email CLEARLY and with out typos, even to the NERDS that
|
||
PESTER you, for they have SOMETHING to say even if you can't FIGURE out
|
||
what it is. Avoid FEMALE impersonators in CHAT, for they are DANGEROUS to
|
||
your ego. If you compare yourself with OTHERS, you may consider SUICIDE;
|
||
for there is always someone more PROFICIENT in ZMODEM than yourself. Label
|
||
your disks.
|
||
|
||
Keep interested in your own CAREER, however humble; even after
|
||
staying up ALL night downloading. Exercise caution in your BUSINESS
|
||
affairs; because YOU need the MONEY to pay your compu-Serve bill. But
|
||
let this not BLIND you to what enjoyment there is on your LOCAL bbs;many
|
||
persons strive for the MOST recent shareware and UPLOADS get you more
|
||
TIME on line. Be yourself Especially, do not LIE about your AGE or
|
||
LOOKS when responding to "Sexlady". Do not post messages in CAPS. Neither
|
||
be cynical about DONATIONS to the SYSOP; for in the face of all REALITY,
|
||
he needs the MONEY for the PHONE lines. BEWARE of VIRUSES. Take kindly the
|
||
councel of Phil Katz and Chuck Forsberg, gracefully ADMITTING that they
|
||
KNOW more than you will ever LEARN. Nuture strength of spirit to shield
|
||
you from SUDDEN hard disk crashs. But do not DISTRESS yourself with
|
||
NEEDLESS worry. Many FEARS are born of FATIQUE from being connected ALL
|
||
night to ExecPC. Register your shareware. You are a CHILD of the
|
||
universe, you have a RIGHT to buy a 9600 V-Series US ROBOTIC Modem. And
|
||
wether or not it is CLEAR to you, the communication program IS
|
||
understandable. READ THE DOCS. Therefore be at PEACE with the SYSOP, no
|
||
matter what a JERK he is, and what ever your BBS plans may be, take
|
||
your WIFE out to dinner occasionally. With all its BAD documentation,
|
||
HIGH registration fees and aborted downloads, it is still better than
|
||
PAYING for commercial software. Be CHEERFUL. Strive to PAY your phone
|
||
bill.
|
||
|
||
Written by Tom Scott
|
||
Published in telecomputing Magazine.
|
||
Copied by John Wilson Sysop of SER/MAX!! BBS
|
||
|
||
Phone 602-938-0921
|
||
|
||
|
||
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
|
||
+ ** END CuD #1.05 ** +
|
||
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
|
||
|
||
|