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>C O M P U T E R U N D E R G R O U N D<
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>D I G E S T<
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*** Volume 2, Issue #2.02 (September 9, 1990) **
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****************************************************************************
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MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
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ARCHIVISTS: Bob Krause / Alex Smith
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USENET readers can currently receive CuD as alt.society.cu-digest.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted as long as the source is
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cited. It is assumed that non-personal mail to the moderators may be
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reprinted, unless otherwise specified. Readers are encouraged to submit
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reasoned articles relating to the Computer Underground.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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DISCLAIMER: The views represented herein do not necessarily represent the
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views of the moderators. Contributors assume all responsibility
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for assuring that articles submitted do not violate copyright
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protections.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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CONTENTS:
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File 1: Moderators' Corner
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File 2: Musing over Operation Sun Devil
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File 3: IPCO BBS Back on-Line
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File 4: CuD Index, Volume 1 (Nos. 1.00 through 1.29, complete)
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File 5: The CU in the News
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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----------------------------------------------------------------------
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********************************************************************
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*** CuD #2.02, File 1 of 5: Moderator's corner ***
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********************************************************************
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Date: September 9, 1990
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From: Moderators
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Subject: Moderators' Corner
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++++++++++
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In this file:
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1) CRAIG NEIDORF DEFENSE FUND
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++++++++++++++++++
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Craig Neidorf's Defense Fund
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++++++++++++++++++
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Craig Neidorf's legal expense still linger near six figures. We urge
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readers to consider sending a few dollars, even if it's just a token
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amount. Cases such as Craig's and Len Rose's affect us all, and even a
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couple of dollars would help.
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Those interested in contributing the Craig Neidorf's defense fund to help
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reduce his legal costs should do so soon. Checks should be made out to the
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law firm of KATTEN, MUCHIN AND ZAVIS, and sent directly to his defense
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attorney:
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Sheldon Zenner
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c/o Katten, Muchin and Zavis
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525 W. Monroe, Suite 1600
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Chicago, IL 60606
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Len Rose has been hit especially hard by legal expenses, and lost virtually
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everything he has, including his house and a car to pay his first attorney.
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Len is now relying on a public defender, but hopes to retain one more
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specialized in computer cases. There has been talk of a defense fund for
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him also, and we'll provide more details if it comes about.
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It's easy to sit back and remain apathetic if we don't perceive the issues
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to affect us directly, but in both cases the issues of telecommunication
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law affect all modem users. In Len's case, the definition of "telepiracy"
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could be expanded in such a way that people sending copies of any copyright
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program could be subject to prosecution. Those who were on the PHRACK
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mailing list, or who downloaded it regularly should be especially
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concerned.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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Date: September 8, 1990
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From: Jim Thomas
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Subject: Musing over Operation Sun Devil
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********************************************************************
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*** CuD #2.02, File 2 of 5: Musing over Operation Sun Devil ***
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********************************************************************
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It is nearly four months after the May 8 raids from Operation Sun Devil,
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and pushing three years since the investigation began. To date, there still
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seems to be little that has come from the highly publicized operation. In
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various press releases, public appearances, and comments to the media, the
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operation was called by law enforcement a major effort in the crackdown on
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hackers, the beginning of a national sweep against computer crime, and an
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attack on threats to national security.
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In many ways, Operation Sun Devil and the raids that preceded it were
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"trial by media." Law enforcement officials issued press releases, appeared
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on tv and radio talk shows, and made themselves quite visible with their
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sweeping, strident, and often factually wrong comments. Craig Neidorf's
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first indictment associated him with the Legion of Doom, and it associated
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the LoD with bank theft and disruption of E911 services, among other
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crimes. The public was asked what other group of criminals held
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conferences and published newsletters. This does not strike us as an
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unprejudicial statement, especially when the presumed "criminal" about whom
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the allusion apparently was made was not only not convicted, but had his
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trial cancelled before the prosecution had even finished presenting its
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case. Yet, it has been those critical of the raids who were sometimes
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called "mean spirited," hypocritical, and worse law enforcement and others
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who supported the crackdown.
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Other indictments still may be forthcoming. But, our concern is that, to
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save face and avoid the embarrassment of what at this point appears to be a
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major fiasco, law enforcement officials may stretch legal definitions to
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prosecute even the most minor offenses as a means of showing that the
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Operation was justified.
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It is still not clear why the particular boards that were raided were
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picked. The language of the indictments and comments to the media convey
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the imagery of a "ring," of something organized, of people acting in
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collusion or in a conspiracy. Yet, neither the evidence presented so far
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nor any other facts that have surfaced support this.
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It appears that confiscation of equipment is being used as a form of
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intimidation or as punishment without trial. Because of the raids, lives
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have been traumatically disrupted, perhaps destroyed, innocent employees
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have been put out of work because of the financial hardship the raids
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caused at least one company, and many would argue that the Bill of Rights
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has been tarnished by those charged with protecting them.
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Most of us have consistently argued that we should not build barriers
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between computerists and law enforcement and that we should try to educate
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agents, legislators and the public to the nature of the computer
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underground. This, however, seems perhaps naive and idealistic. Despite the
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evidence, despite the reasoned approach of many, such as EFF, and despite
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the lack of indictments to date, those involved in Sun Devil show no
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indication whatsoever that they have listened to any of the concerned
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voices. They repeat the same hackneyed phrases that paint "hackers" as
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dangerous criminals. Dramatic statements about the costs of hackers to
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society, their threats to security, or their past actions for disruption
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are raised. But, when asked to name a few examples, or when asked for the
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sources of their information, they are silent, either changing the subject,
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repeating glib one-liners, or falling back on that old standby "We can't
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discuss on-going investigations."
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Perhaps serious crimes were committed by some. But, if so, indictments
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should be issued. When suspects are investigated in a serious crime, the
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public (and the suspects) are generally told the specific nature of the
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crime and the evidence, or at least the reason they're a suspect, is
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revealed.
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One maddening tendency of law enforcement is that of "guilt by
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association." A few dramatic crimes are cited and then hackers are drawn in
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by association. By analogy, the logic would be akin to stating that
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speeding get-away drivers in a bank heist are dangerous felons, and then
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comparing them with a driver who speeds 10 mph over the speed limit on the
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freeway as a means of invoking law to confiscate speeders' cars, send them
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to prison for a mega-sentence, or to otherwise hassle drivers. Driving
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infractions, however, do not raise the Constitutional issues of right to
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privacy, search and seizure, or freedom of speech.
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Crimes, and very serious crimes, are committed with computers. But, we
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suggest, the so-called "hacker community" is generally not the primary
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culprit. To claim that computer crime costs society x-billion dollars a
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year as a means of justifying the current practice of punishment without
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trial is deceptive at best. August Bequai indicated that most computer
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crime occurs from within an organization. Other serious crimes
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(embezzlement, theft of trade secrets) are rarely, if ever, done by the
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"common hacker." There is virtually no evidence that we have seen--and if
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any law enforcement officials want to present some, we will alter our
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views--to substantiate the "slippery slope" thesis--that just as marijuana
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leads to "harder stuff," a young computer hobbyist begins hacking and then
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moves on to bank robbery or planting serious viruses. This is just one of
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many examples of the hyperbole of some officials to justify their attack on
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the CU. The danger is that instead of finding more constructive ways to
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combat this new form of juvenile delinquencyy, they are swiping at an ant
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with an h-bomb (and missing). If resources are as limited as officials
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claim in explaining why it takes so long to investigate, or why they can't
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put technologically-trained agents in the field, then shouldn't those
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limited resources go to better use?
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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Date: September 8, 1990
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From: Moderators
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Subject: IPCO BBS Back on-Line
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********************************************************************
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*** CuD #2.02, File 3 of 5: RIPCO BBS Back on-Line ***
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********************************************************************
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Good news for computerists: **RIPCO BBS IS BACK UP**!! Ripco went down on
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May 8 in the Sun Devil raids, and Dr. Ripco's equipment, software, logs,
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and even manuals for his software, were seized. He was apparently the only
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victim of a "seizure warrant," *not just a search warrant*, which is
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usually served *after* an arrest or indictment. Perhaps a lawyer could send
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us the distinction and clarify the significance. Dr. Ripco has not been
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indicted, and to our knowledge there is no evidence that he knowingly
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participated in any illegal act on his board. It is still unclear why his
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board was targeted. Perhaps it was longevity (over six years), perhaps
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because some of the users were nationally well known, or perhaps because of
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the text file collection, which to our knowledge were all public
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information.
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The Doc met with representatives from EFF in late August and early
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September. The meetings were informational and centered on the type of
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files users posted, the nature of the messages, and other general
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information to determine whether there are sufficient Constitutional issues
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to warrant further steps.
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Ripco's number is the same--(312)528-2020, and he is hoping that previous
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users can upload the numerous g-philes lost in the confiscation.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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Date: September 8, 1990
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From: Moderators
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Subject: CuD Index, Volume 1 (Nos. 1.00 through 1.29, complete)
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********************************************************************
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*** CuD #2.02, File 4 of 5: Index, Volume 1, Nos. 1.00-1.29 ***
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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 I N D E X<<
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** INDEX: Volumes 1.00 - 1.29 **
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****************************************************************************
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****************************************************************************
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*** Volume 1, Issue #1.00 (March 28, 1990) **
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****************************************************************************0)
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File 1: Moderator's Introduction (Vol 1.00
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File 2: Background of the LoD Debates (Vol 1.00
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File 3: Use of Aliases in the BBS World (Vol 1.00
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File 4: Craig Neidorf Indictment (the first) (Vol 1.00
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File 5: Press Release Accompanying first Neidorf Indictment (Vol 1.00
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(Vol 1.00
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****************************************************************************
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*** Volume 1, Issue #1.01 (March 31, 1990) **
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****************************************************************************
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File 1: "Opening the Kimono too Far" (by Mark Seiden) (Vol 1.01
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File 2: "Which Witch Hunt?" (Editorial response) (Vol 1.01
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File 3: CuD's First Copyright Squabble--AUSTIN-AMERICAN STATESMAN (Vol 1.01
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File 4: Satirical article from PHRACK 29, phile 7 (reprint) (Vol 1.01
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****************************************************************************
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*** Volume 1, Issue #1.02 (April 2, 1990) **
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****************************************************************************
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File 1: Messages Received (Vol. 1.02
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File 2: Hacking in England (news article) (Vol. 1.02
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File 3: The FBI and BBS Surveillance (PHRACK Reprint) (Vol. 1.02
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****************************************************************************
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*** Volume 1, Issue #1.03 (April 8, 1990) **
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****************************************************************************
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File 1: News and Notes (moderators) (Vol. 1.03
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File 2: The Future of Hacking (Christopher Seline) (Vol. 1.03
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File 3: Hacking into Nasa (Ellis Dea) (Vol. 1.03
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File 4: The FBI sets up Earth First!? (Anonymous contributor) (Vol. 1.03
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File 5: An Alternative view of Piracy (Jim Thomas/Gordon Meyer) (Vol. 1.03
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File 6: Hackers in the News: LoD, Australian Hackers (Vol. 1.03
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****************************************************************************
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*** Volume 1, Issue #1.04 (April 11, 1990) **
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****************************************************************************
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File 1: Special Issue: ALCOR'S SUIT AGAINST E-MAIL CONFISCATION (Vol. 1.04
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****************************************************************************
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*** Volume 1, Issue #1.05 (April 22, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol 1.05
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File 2: From the Mailbag (Vol 1.05
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File 3: An Awkward conversation with S.P.A (Vol 1.05
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File 4: Freedom of Information / FBI Surveillance of BBSs (Vol 1.05
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File 5: "ERRATA" (Go placidly amongst the BBS world....hi-camp!) (Vol 1.05
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****************************************************************************
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*** Volume 1, Issue #1.06 (April 27, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.06
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File 2: Lists *CAN* Get You Listed! (Vol. 1.06
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File 3: Legion of Doom (Austin / Chicago) Update (27 April) (Vol. 1.06
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File 4: Review of THE CUCKOO'S EGG (Vol. 1.06
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File 5: SMTP Hints (Vol. 1.06
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****************************************************************************
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*** Volume 1, Issue #1.07 (May 5, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.07
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File 2: The CU in the News (Vol. 1.07
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File 3: Response to the Stoll review by Stephen Tihor (Vol. 1.07
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File 4: A Comment on Hacking (reprint) (Vol. 1.07
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File 5: A Computer Game that "Just says No??!" (Vol. 1.07
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File 6: CU Poem: "IMAGINE," by Roberta Barlow (Vol. 1.07
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****************************************************************************
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*** Volume 1, Issue #1.08 (May 9, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.08)
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File 2: From the Mail Bag (Could it be the Broccoli King?) (Vol. 1.08)
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File 3: Report on Morris Sentencing (by Lawrence Kestenbaum) (Vol. 1.08)
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File 4: Sysops under Fire (reprint) (Vol. 1.08)
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File 5: BBS Symbols (by Ruth Hanschka) (Vol. 1.08)
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****************************************************************************
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*** Volume 1, Issue #1.09 (May 16, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.09)
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File 2: From the Mail Bag (Richard Duffy) (Vol. 1.09)
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File 3: Operation Sun Devil: Press Release (Vol. 1.09)
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File 4: Operation Sun Devil: Secret Service Statement (Vol. 1.09)
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File 5: News Excerpts about Operation Sun Devil (Vol. 1.09)
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File 6: Software Publishers Association Update (Vol. 1.09)
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****************************************************************************
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*** Volume 1, Issue #1.10 (May 17, 1990) **
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****************************************************************************
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File 1: 2600 MAGAZINE'S COMMENTARY ON OPERATION SUN DEVIL (Vol. 1.1
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****************************************************************************
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*** Volume 1, Issue #1.11 (May 29, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.11)
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File 2: Media and the (witch)hunt for the Computer Underground (Vol. 1.11)
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File 3: BBS Stings (anonymously sent) (Vol. 1.11)
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File 4: Comment on Sun Devil Press Release and related issues (Vol. 1.11)
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****************************************************************************
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*** Volume 1, Issue #1.12 (June 10, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (news and notes) (Vol. 1.12)
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File 2: From the Mail Bag (Vol. 1.12)
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File 3: Another CUCKOO'S EGG Review (By Charles Stanford) (Vol. 1.12)
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File 4: Pat Townson Interview with David Tomkin (reprint) (Vol. 1.12)
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File 5: Where are they Now? (Tracing CU Magazines) (Vol. 1.12)
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****************************************************************************
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*** Volume 1, Issue #1.13 (June 12, 1990) **
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****************************************************************************
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File 1: Moderators' Editorial: The Chilling Effect Hits Home (Vol. 1.13)
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File 2: A Hacker's Perspective (by Johnny Yonderboy) (Vol. 1.13)
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File 3: Len Rose Information and Commentary (Vol. 1.13)
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File 4: Response to Telecom Digest's Views (by Emmanuel Goldstein) (Vol. 1.13)
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File 5: Reprinted Editorial on Steve Jackson Games (Vol. 1.13)
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****************************************************************************
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*** Volume 1, Issue #1.14 (June 14, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol. 1.14)
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File 2: Mail: 1) SS jurisdiction; 2) Busts (Vol. 1.14)
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File 3: Craig Neidorf's New Indictment (Gordon Meyer) (Vol. 1.14)
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File 4: Is this Evidence (response to indictment, Jim Thomas) (Vol. 1.14)
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File 5: Mike Godwin on Search Warrants etc. (Vol. 1.14)
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****************************************************************************
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*** Volume 1, Issue #1.15 (June 16, 1990) **
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****************************************************************************
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File 1: SPECIAL ISSUE: June Indictment of Craig Neidorf (Vol. 1.15)
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****************************************************************************
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*** Volume 1, Issue #1.16 (June 19, 1990) **
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****************************************************************************
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File 1: SPECIAL ISSUE: JUDGE BUA'S OPINION ON MOTION TO DISMISS (Vol. 1.16)
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****************************************************************************
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*** Volume 1, Issue #1.17 (June 21, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol. 1.17)
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File 2: From the Mailbag (6 items) (Vol. 1.17)
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File 3: Info World article and response (Mike Godwin) (Vol. 1.17)
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File 4: LoD and the Secret Service (Mike Godwin) (Vol. 1.17)
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File 5: California Law Targets Info Possession as Felonious?? (Vol. 1.17)
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File 6: Hackers in the News (reprint by Adam Gaffin) (Vol. 1.17)
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****************************************************************************
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*** Volume 1, Issue #1.18 (June 25, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol. 1.18)
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File 2: From the Mailbag (3 items) (Vol. 1.18)
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File 3: Title 18 USC %Section% 1343 and comments (Mike Godwin) (Vol. 1.18)
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File 4: Have Federal Prosecutors gone too far? (Jim Thomas) (Vol. 1.18)
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File 5: FBI response to Rep. Don Edwards query of BBS Spying (Vol. 1.18)
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****************************************************************************
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*** Volume 1, Issue #1.19 (June 26, 1990) **
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****************************************************************************
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File 1: SPECIAL ISSUE: MALICE IN WONDERLAND: THE E911 CHARGES (Vol. 1.19)
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****************************************************************************
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*** Volume 1, Issue #1.20 (June 29, 1990) **
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****************************************************************************
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File 1: SPECIAL ISSUE: MALICE IN WONDERLAND (PART II) (Vol. 1.20)
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****************************************************************************
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*** Volume 1, Issue #1.21 (July 8, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol 1.21)
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File 2: From the Mailbag (Vol 1.21)
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File 3: On the Problems of Evidence in Computer Investigation (Vol 1.21)
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File 4: Response to Mitch Kapors Critics (E. Goldstein) (Vol 1.21)
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File 5: The CU in the News: Excerpts from Computerworld article (Vol 1.21)
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****************************************************************************
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*** Volume 1, Issue #1.22 (July 14, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol 1.22)
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File 2: From the Mailbag: More on CU and Free Speech (Vol 1.22)
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File 3: Response to "Problems of Evidence" (Mike Godwin) (Vol 1.22)
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File 4: What to do When the Police come a'knocking (Czar Donic) (Vol 1.22)
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File 5: Observations on the Law (Mike Godwin) (Vol 1.22)
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****************************************************************************
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*** Volume 1, Issue #1.23 (July 18, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol 1.23)
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File 2: FTPing Thru Bitnet: BITFTP Help (Vol 1.23)
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File 3: Phrack as "Evidence?" (Vol 1.23)
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File 4: CU in the News (Vol 1.23)
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****************************************************************************
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*** Volume 1, Issue #1.24 (July 22, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol 1.24)
|
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File 2: Neidorf Trial: The First Day (Vol 1.24)
|
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File 3: Electronic Frontier Update (John Perry Barlow) (Vol 1.24)
|
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File 4: Press Release from Atlanta Prosecutor on LoD Guilty Pleas (Vol 1.24)
|
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File 5: CU in the News (Vol 1.24)
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****************************************************************************
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*** Volume 1, Issue #1.25 (July 28, 1990) **
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****************************************************************************
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File 1: Moderators' Comments (Vol 1.25)
|
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File 2: Neidorf Trial Over: CHARGES DROPPED (Moderators) (Vol 1.25)
|
|
File 3: Warning about Continued Harassment of BBSs (Keith Henson) (Vol 1.25)
|
|
File 4: League for Programming Freedom Protests Lotus Litigation (Vol 1.25)
|
|
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****************************************************************************
|
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*** Volume 1, Issue #1.26 (Aug 2, 1990) **
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****************************************************************************
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File 1: Moderators' Corner (Vol 1.26)
|
|
File 2: GURPS: Review of Steve Jackson's Cyperpunk Game (GRM) (Vol 1.26)
|
|
File 3: Cyberspace Subculture in Real Life (Mike Godwin) (Vol 1.26)
|
|
File 4: Update on RIPCO BBS and Dr. Ripco (Jim Thomas) (Vol 1.26)
|
|
File 5: The Current TAP (TAP Editors) (Vol 1.26)
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|
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****************************************************************************
|
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*** Volume 1, Issue #1.27 (Aug 9, 1990) **
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|
****************************************************************************
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File 1: Moderators' Corner (Vol 1.27)
|
|
File 2: From the Mailbag (Response to Neidorf article) (Vol 1.27)
|
|
File 3: Dr. Ripco Speaks Out (Vol 1.27)
|
|
File 4: SJG Gurps Cyberpunk (Vol 1.27)
|
|
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|
****************************************************************************
|
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*** Volume 1, Issue #1.28 (Aug 12, 1990) **
|
|
****************************************************************************
|
|
File 1: Moderators' Corner (Vol 1.28)
|
|
File 2: A Conversation with Len Rose (Vol 1.28)
|
|
File 3: Len Rose's Indictment (Vol 1.28)
|
|
File 4: CU in the News (Vol 1.28)
|
|
|
|
****************************************************************************
|
|
*** Volume 1, Issue #1.29 (Aug 19, 1990) **
|
|
****************************************************************************
|
|
File 1:: Moderators' Corner (Vol 1.29)
|
|
File 2:: From the Mailbag (Vol 1.29)
|
|
File 3:: Direction of CuD (Vol 1.29)
|
|
File 4:: Password checking programs and trojan horses (Vol 1.29)
|
|
File 5:: What is "CYBERSPACE?" (Vol 1.29)
|
|
File 6:: The CU in the News (Vol 1.29)
|
|
|
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(END C-u-D Index, Volume #1, Numbers 1.00 - 1.29)
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********************************
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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Date: September 7, 1990
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From: Various Contributors
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Subject: The CU in the News
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********************************************************************
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*** CuD #2.02, File 5 of 5: The CU in the News ***
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********************************************************************
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Date: Wed, 5 Sep 90 19:29:47 CDT
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From: edtjda@MAGIC712.CHRON.COM(Joe Abernathy)
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To: tk0jut2%niu.bitnet@UICVM.UIC.EDU
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Subject: Text of chron-sundevil article
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War on computer crime
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waged with search, seizure
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By JOE ABERNATHY
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Houston Chronicle
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The government's first assault on computer crime, un-
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veiled with fanfare six months ago, has generated few criminal
|
|
cases and is drawing allegations that federal agents are using
|
|
heavy-handed tactics.
|
|
Although only four people have been charged, searches and
|
|
seizures have been conducted in at least 44 homes or businesses
|
|
in the crackdown, called Operation Sun Devil.
|
|
One prosecutor attributed the delay in filing cases to the
|
|
vast amount of information that must be sorted. Authorities would
|
|
not say, however, when or if additional charges might be re-
|
|
turned.
|
|
Sun Devil, so named because it began in Arizona and targeted
|
|
an evil that investigators deemed biblical in stature, is held
|
|
forth as a sophisticated defense of the nation's computer in-
|
|
frastructure. Computer-related abuses will cost the nation's
|
|
business community $500 million this year, according to some esti
|
|
mates.
|
|
Operation Sun Devil and several related investigations made
|
|
public in March have been under way for more than two years. Hun-
|
|
dreds of agents from the Secret Service, U.S. attorney's office,
|
|
the Bell companies, and assorted law enforcement agencies are
|
|
involved.
|
|
But the operation is coming under fire for what critics
|
|
describe as unjustified searches and seizures of property and
|
|
electronic information protected by the Constitution.
|
|
Among examples they cite:
|
|
* An Austin publishing house is clinging to life after
|
|
Secret Service agents confiscated equipment and manuscripts,
|
|
leaving behind an unsigned search warrant.
|
|
* A Missouri college student faces an extra year in school
|
|
and $100,000 in legal fees after defending himself from charges
|
|
that he stole a proprietary document from the telephone company
|
|
by publishing it in a newsletter.
|
|
* The wife and children of a Baltimore corporate computer
|
|
consultant were detained for six hours while he was interrogated
|
|
in a locked bedroom and his business equipment was confiscated.
|
|
With no way to support itself, the family has sunk into pover-
|
|
ty.
|
|
At a press conference in March, authorities presented Sun De-
|
|
vil as a full-scale response to a serious criminal threat.
|
|
"The United States Secret Service, in cooperation with the Un-
|
|
ited States attorney's office and the attorney general for the
|
|
state of Arizona, established an operation utilizing sophisticat-
|
|
ed investigative techniques,'' a press release said, adding that
|
|
40 computers and 23,000 data disks had been seized in the initial
|
|
sweep.
|
|
"The conceivable criminal violations of this operation have
|
|
serious implications for the health and welfare of all individu-
|
|
als, corporations, and United States government agencies relying
|
|
on computers and telephones to communicate,'' it continued.
|
|
Six months later, most officials are silent about Sun Devil.
|
|
But at least one principal denies excesses in the operation.
|
|
"I am not a mad dog prosecutor,'' said Gail
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|
Thackeray, assistant attorney general for the state of Arizona
|
|
and the intellectual parent of Operation Sun Devil.
|
|
"(Agents) are acting in good faith, and I don't think that can be
|
|
said of the hacker community.
|
|
"Over the last couple of years, a lot of us in different places
|
|
-- state, federal and local -- have been getting hit with a
|
|
dramatic increase in complaints from computer hacker victims. So
|
|
in response to that the Secret Service started the Sun Devil in-
|
|
vestigation trying to find a more effective way to deal with some
|
|
of this.''
|
|
Thackeray said the Secret Service, an agency of the U.S.
|
|
Treasury Department, assumed jurisdiction because computer
|
|
crime often involves financial fraud. Most of the losses are at-
|
|
tributed to stolen long distance service.
|
|
"It's not unusual for hackers to reach six figures (of abuse)
|
|
in one month'' at a single business location, she said. "This
|
|
whole mess is getting completely out of hand.''
|
|
But computer experts critical of Sun Devil contend the opera-
|
|
tion also is out of hand. They have rallied behind the banner of
|
|
the Electronic Frontier Foundation, which contends that computer
|
|
networks represent a fundamentally new realm of self-expression
|
|
into which constitutional protection must be extended.
|
|
Some visitors to this realm deem it cyberspace, using termi-
|
|
nology borrowed from a science fiction genre set in a gritty fu-
|
|
ture in which computer and telephone lines become extensions of
|
|
one's intellect and even physical being.
|
|
Hackers, as those who enter others' computers without authori-
|
|
zation are known, are referred to as cyberpunks by some computer
|
|
network users.
|
|
It may have been this connection that drew the Secret Service
|
|
to the Austin offices of Steve Jackson Games, which early this
|
|
spring was about to publish something called "GURPS Cyber-
|
|
punk."
|
|
It is a rule book for a role-playing adventure along the lines
|
|
of Dungeons & Dragons, played with dice and not computers.
|
|
The cover page, however, credits the Legion of Doom, a self-
|
|
professed underground hackers group, for assistance in providing
|
|
realism. The game's author admits discoursing with the Le-
|
|
gion.
|
|
This link ensnared the company in the nationwide sweep con-
|
|
ducted March 1, when 27 search warrants were executed in 14 ci-
|
|
ties. A number of cases targeted members of the Legion.
|
|
The Secret Service seized all copies of the Cyberpunk
|
|
manuscript, along with the computers on which it was being stored
|
|
prior to publication.
|
|
"One of the Secret Service agents told Steve Jackson that they
|
|
thought the book was a handbook for computer crime,'' said
|
|
Sharon Beckman of the Boston firm Silverglate & Good, Jackson's
|
|
attorney. "It looks like what (this) was, in effect, was a prior
|
|
restraint on protected speech, speech protected by the First
|
|
Amendment.''
|
|
Jackson's company, which had revenues of $1.4 million in
|
|
1989, was nearly dealt a death blow by the raid. Cyberpunk was to
|
|
be its main spring release, but it would have to be rewritten
|
|
from scratch. Jackson was not allowed access to the reams of in-
|
|
formation stored on the confiscated equipment.
|
|
"We had to lay off eight people, and we had to cut way back on
|
|
the number of products we were producing,'' said Jackson, who
|
|
put the cost of the raid at $125,000. That doesn't include lost
|
|
revenues, "or the value to the company of the eight (of 17) em-
|
|
ployees we had to lay off, because I don't know where to start to
|
|
put a value on that.''
|
|
Beckman described her client as an ordinary businessman who
|
|
uses a computer in his business. "He's not a computer hacker. He's
|
|
not even a particularly sophisticated computer user,'' she said.
|
|
"It was terrifying,'' Jackson recal ed. "I was in the hands of
|
|
a lot of keen, earnest, sincere people who had no idea what they
|
|
were doing and who had federal law enforcement powers.
|
|
"It's frightening that they can do this to innocent people.''
|
|
No charges have been filed.
|
|
Some of the equipment has been returned, but some was damaged
|
|
beyond repair. Jackson said agents recently acknowledged that
|
|
some equipment indeed is gone forever.
|
|
The Secret Service, Arizona U.S. attorney's office and Justice
|
|
Department all refused to discuss any specifics of Jackson's
|
|
case, or any activities associated with Operation Sun Devil.
|
|
"We're a very efficient organization, and we follow the guide-
|
|
lines set forth by the law,'' said Michael Cleary, assistant to
|
|
the special agent in charge of the Secret Service in Chicago,
|
|
which has jurisdiction in the case. "If we have a signed, sworn
|
|
affidavit, and a search warrant, we execute that warrant.''
|
|
Cleary wouldn't say why the search warrant used against Steve
|
|
Jackson was not signed. A request by Jackson's attorney for more
|
|
information went unanswered.
|
|
Beckman said a raid conducted without a signed warrant would
|
|
violate Fourth Amendment protection against unwarranted search
|
|
and seizure.
|
|
Mike Hurst, a Steve Jackson Games editor who lost his job to
|
|
the raid on the company, offered bitter advice: "The Secret Ser-
|
|
vice ought to make some attempt to find out if there's actually a
|
|
case involved before they begin searches and confiscations of
|
|
property.''
|
|
In one incident, the government did file a case, only to aban-
|
|
don it when it fell apart in court. The defendant, Craig Neidorf,
|
|
is going back to college at the University of Missouri this
|
|
fall, but his reputation is stained, he's having to repeat his
|
|
senior year, and he's $100,000 in debt.
|
|
An intrusion into the computers of Bell South by a Legion
|
|
member in 1988 set off much of the activity in Operation Sun De-
|
|
vil, including the case against Neidorf.
|
|
While in Bell South's computer, Legion member Robert Riggs
|
|
found and copied a document describing administrative aspects of
|
|
the emergency 911 system.
|
|
Riggs and associates Franklin E. Darden Jr. and E. Grant, all
|
|
three of whom are from Georgia, recently pleaded guilty to
|
|
federal conspiracy charges and await sentencing. Darden and
|
|
Riggs face up to 5 years in prison and a $250,000 fine. Grant
|
|
faces up to 10 years in prison and a $250,000 fine.
|
|
Neidorf, publisher of Phrack, a newsletter for hackers, was
|
|
accused of theft for republishing the 911 document stolen by
|
|
Riggs. Prosecutors stopped the trial after the document was
|
|
shown to be freely available.
|
|
His case received widespread coverage because it raised is-
|
|
sues of free speech. Phrack was published electronically via
|
|
computer networks instead of on paper, and thus did not immedi-
|
|
ately receive the First Amendment protection that virtually
|
|
would have been assured a paper document, according to Sheldon
|
|
Zenner, Neidorf's attorney.
|
|
"Going through this last seven months is not something I would
|
|
wish on my worst enemy,'' said Neidorf, 20, who faced 31 years in
|
|
prison. "It devastated my parents. My grandparents, they didn't
|
|
take it well. They're in their 80s.
|
|
"I kind of broke down myself at one point. I don't like to talk
|
|
about it exactly.''
|
|
Leonard Rose, a computer consultant in Baltimore, let the
|
|
Legion forward network mail through his computer, an everyday ar-
|
|
rangement on the sprawling Internet research and education net-
|
|
work. But because the name of his computer appeared in the
|
|
group's electronic address, he was portrayed by the government as
|
|
the mastermind of the group.
|
|
"I've lost everything because of it,'' he said. Business con-
|
|
tracts worth $100,000 a year, $70,000 worth of computer equipment
|
|
used in his business, his top secret clearance, his wife's dream
|
|
home, their credit rating, cars, are gone. The Roses now live
|
|
with their two young children in an apartment furnished with two
|
|
mattresses and a TV.
|
|
"I used to look at people in the street and I couldn't under-
|
|
stand how they could get there,'' Rose said. "I couldn't under-
|
|
stand how you could sink that low, but now I understand. I under-
|
|
stand a lot more now.''
|
|
He was never charged as part of the Legion of Doom investiga-
|
|
tion, but during that probe he was found to have received an il-
|
|
licit copy of a computer program that must be licensed from
|
|
AT&T.
|
|
"What Len Rose is accused of turns software piracy into a felo-
|
|
ny,'' said John Perry Barlow, a co-founder of the Frontier Foun-
|
|
dation. "If the government is prepared to go out and turn every-
|
|
body who has engaged in software piracy into a felon, it'll make
|
|
the war on drugs look like a minor undertaking.''
|
|
Detractors say that the investigative techniques used in
|
|
Operation Sun Devil are at best rude, at worst illegal. Authori-
|
|
ties respond that they are adjusting to a new world.
|
|
Most concerns center on bulletin board systems, a frequent
|
|
point of access into the nation's computer network byways. Locals
|
|
call the BBS, which then moves private electronic mail and pub-
|
|
lic messages into the public networks, which as a whole are re-
|
|
ferred to as Internet or simply the matrix.
|
|
"The government is seizing electronic mail like crazy, in the
|
|
sense that it's seizing BBS's and all their contents,'' Barlow
|
|
said. "It's the equivalent of seizing post offices and all their
|
|
contents.''
|
|
The privacy of electronic mail is protected under the Computer
|
|
Fraud and Abuse Act of 1986, which is also the law setting forth
|
|
most of the conditions under which computer hacking can be con-
|
|
sidered a crime.
|
|
"We've seized lots of BBS's,'' acknowledged Thackeray of the
|
|
Arizona attorney general's office, although search warrants
|
|
were obtained only for the owner of each computer, not for each
|
|
person with electronic mail stored on that computer.
|
|
Benjamin Wright, a Dallas attorney who writes and lectures
|
|
frequently on electronic data interchange, said that surveillance
|
|
of electronic mail poses serious questions even when conducted
|
|
properly under the supervision of a court.
|
|
"A huge amount of information could build up, so there could be
|
|
a great mass of information laying at the government's feet,'' he
|
|
said. "To tap into all the phone lines of a corporation would be a
|
|
lot of work, but if there's this database building up of a large
|
|
part of a company's business, then there's a reason for being a
|
|
little bit concerned.
|
|
"This applies to private people as much as it applies to cor-
|
|
porations.''
|
|
Authorities see the BBS seizures as preventive medicine.
|
|
"The only thing I have ever found that has an effect on these
|
|
kids is to take their computer away,'' Thackeray said. "It final-
|
|
ly sinks in, 'I'm really not going to get this back.' ''
|
|
But Barlow criticizes that approach. "Essentially what they
|
|
have done is to fine (the suspect), without conviction, for the
|
|
entire value of his property,'' he said. "They're not making
|
|
arrests. This is turning the whole search and seizure into the
|
|
punishment.''
|
|
|
|
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
|
The preceding appeared Sunday, 9/2/90, on the front page
|
|
of the Houston Chronicle.
|
|
|
|
Please send comments to: edtjda@chron.com
|
|
|
|
------------------------------
|
|
|
|
From: Mike Rosen
|
|
Subject: Articles
|
|
Date: Sun, 9 Sep 90 0:53:09 EDT
|
|
|
|
From: Computerworld, September 3, 1990, pg. 94, Inside Lines:
|
|
|
|
"The Foreign Legion"
|
|
|
|
Chaos Computer Club, West Germany's most active hacker group, is lining up
|
|
members in the U.S., according to a hacker we know who is no slouch when it
|
|
comes to illegal electronic break-ins. Members of the group were targets
|
|
of the investigation that was the subject of _The Cuckoo's Egg_, Clifford
|
|
Stoll's account of hackers-turned-spies for the KGB.
|
|
|
|
Whatever happened to...
|
|
|
|
Robert T. Morris, convicted in March of turning a worm loose on Internet,
|
|
will file an appeal next week to overturn his felony conviction, according
|
|
to Thomas Guidoboni, his attorney. The filing of the appeal has been
|
|
delayed because the entire transcript of the trial, amounting to 1,300
|
|
pages, was not available until two weeks ago, Guidoboni said.
|
|
|
|
What to do about it all
|
|
|
|
Two bills wending through the U.S. House of Representatives would have made
|
|
it a felony to unleash a computer virus, but both have died as a result of
|
|
a jurisdictional turf war between the subcommittees on crime and criminal
|
|
justice, according to a source. Key members of the subcommittee on crime -
|
|
which typically handles bills related to malicious conduct such as the
|
|
unleashing of viruses - were miffed that the rival subcommittee was doing
|
|
the groundwork on the two virus bills. To assert its jurisdictional claim,
|
|
the subcommittee on crime added a provision that makes loosing a virus a
|
|
misdemeanor into the Comprehensive Crime Control Act of 1990. That leaves
|
|
one bill in the Senate specifically aimed at applying stiffer penalties.
|
|
|
|
********************************************************************
|
|
|
|
------------------------------
|
|
|
|
**END OF CuD #2.02**
|
|
********************************************************************
|
|
! |