954 lines
46 KiB
Plaintext
954 lines
46 KiB
Plaintext
|
||
|
||
****************************************************************************
|
||
>C O M P U T E R U N D E R G R O U N D<
|
||
>D I G E S T<
|
||
*** Volume 2, Issue #2.15 (December 5, 1990) **
|
||
****************************************************************************
|
||
|
||
MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
|
||
ARCHIVISTS: Bob Krause / Alex Smith / Brendan Kehoe
|
||
USENET readers can currently receive CuD as alt.society.cu-digest.
|
||
|
||
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
information among computerists and to the presentation and debate of
|
||
diverse views. CuD material may be reprinted as long as the source is
|
||
cited. Some authors, however, do copyright their material, and those
|
||
authors should be contacted for reprint permission.
|
||
It is assumed that non-personal mail to the moderators may be reprinted
|
||
unless otherwise specified. Readers are encouraged to submit reasoned
|
||
articles relating to the Computer Underground.
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
DISCLAIMER: The views represented herein do not necessarily represent the
|
||
views of the moderators. Contributors assume all responsibility
|
||
for assuring that articles submitted do not violate copyright
|
||
protections.
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
||
CONTENTS:
|
||
File 1: Moderators' Corner
|
||
File 2: Len Rose Indictment in Illinois
|
||
File 3: 2600 Magazine Response to Atlanta Sentencing
|
||
File 4: List of Computer Underground Clippings
|
||
File 5: Computer Crime Laws list
|
||
File 6: Media and the CU
|
||
File 7: The Hermetic Underground
|
||
|
||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
||
----------------------------------------------------------------------
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 1 of 7: Moderator's corner ***
|
||
********************************************************************
|
||
|
||
From: Moderators
|
||
Subject: Moderators' Corner
|
||
Date: December 5, 1990
|
||
|
||
++++++++++
|
||
In this file:
|
||
1. FTP INFORMATION
|
||
2. WITNESSES FOR LEN ROSE'S BALTIMORE CASE
|
||
3. ADDRESS CHANGES
|
||
++++++++++
|
||
|
||
+++++++++++++++++++++
|
||
FTP Information
|
||
+++++++++++++++++++++
|
||
|
||
The current address for the widener ftp site is:
|
||
ftp.cs.widener.edu
|
||
The hours have been extended, and a number of files, including IIRG and NIA
|
||
(Network Information Access), individual state computer crime statutes (eg,
|
||
Calif, Fla, Ill.) have been added to all three sites.
|
||
|
||
|
||
++++++++++++
|
||
Request for Unix Witnesses for Len Rose
|
||
++++++++++++
|
||
|
||
Len Rose is currently planning the defense for his trial in Baltimore in
|
||
February, and is looking for Unix experts/gurus able to testify about the
|
||
Unix system. If you can recommend anyone, drop us a note or, better, call
|
||
Len at (708) 527-1293.
|
||
|
||
++++++++++++++++
|
||
ADDRESS CHANGES
|
||
++++++++++++++++
|
||
|
||
If you are going to lose your account for any reason, be sure to drop us a
|
||
line so we can delete your name from the mailing list. It reduces bounced
|
||
mail and helps net traffic. Thanks.
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: Moderators and others
|
||
Subject: Len Rose Indictment in Illinois
|
||
Date: December 5, 1990
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 2 of 7: Len Rose Indictment and News Article***
|
||
********************************************************************
|
||
|
||
"Innocent Plea in Computer Case: Naperville Man Denies
|
||
Taking Key Program from Firm"
|
||
From: Chicago Tribune, December 4, 1990: Sect. 2, p. 7)
|
||
By Joseph Sjostrom
|
||
|
||
One of the first persons ever charged with computer tampering in Du Page
|
||
County pleaded not guilty Monday.
|
||
|
||
Leonard Rose, 31, of Naperville, entered the plea before Associate Du Page
|
||
County Judge Thomas Callum, who set the next hearing for January 14. Rose
|
||
is charged with gaining access to a computer at Interactive Systems, Inc.,
|
||
a Naperville software company where he worked for only a week last month,
|
||
and with "removing" a program called AT&T Unix Source Code, which is the
|
||
basic operating instructions that tell a computer how to receive and use
|
||
all the other programs.
|
||
|
||
If the case goes to trial, the prosecutor, Assistant State's Atty. David
|
||
Bayer, will have to convince a jury that Rose removed the source code and
|
||
that such action was illegal, even though the code remained in the computer
|
||
from which he allegedly took it.
|
||
|
||
Rose's attorney, Sheldon Zenner of Chicago, expects the case will never get
|
||
beyond the first of those questions.
|
||
|
||
"Quite simply, he didn't do it," Zenner said.
|
||
|
||
Rose is under federal indictment in Baltimore for copying a similar program
|
||
from a computer there and putting it on a computer bulletin board, where
|
||
computer users could copy and use it without paying fees to AT&T.
|
||
|
||
Rose was indicted on November 21 in Du Page County. Naperville police and
|
||
state's attorney's investigators searched his apartment and confiscated two
|
||
computers and a number of computer discs.
|
||
|
||
"There were certain commands made on %the Interactive Systems% computer
|
||
which suggest the source code was copied, or down-loaded %onto another
|
||
computer%," Zenner said.
|
||
|
||
"So they looked for the source code on Rose's computer, but it wasn't
|
||
there. So they'll have to try to analyze the commands made on his computer
|
||
and I expect they'll have an expert testify that, based on his analysis,
|
||
the code was downloaded %onto Rose's computer%.
|
||
|
||
"But the source code isn't there because Rose didn't do it," Zenner said.
|
||
"I expect to show the court that a serious mistake has been made."
|
||
|
||
Despite the large number of sophisticated research and business computers
|
||
in Du Page County, the only other recent prosecution for computer tampering
|
||
was the case of a woman who used a computer about two years ago to take
|
||
revenge on an employer for firing her.
|
||
|
||
She was put on probation after admiting that, in a fit of anger, she purged
|
||
several programs from the company computer before departing the office for
|
||
the last time.
|
||
|
||
Otherwise, the extent of computer tampering and fraud is impossible to
|
||
know, though experts say the opportunities for such activities are
|
||
extensive.
|
||
(end article)
|
||
|
||
*******************************
|
||
|
||
%Moderator's note: The story is a fair overview, but there is one major
|
||
inaccuracy. Len Rose's Baltimore five count indictment *DOES NOT* charge
|
||
him with "copying a similar program from a computer there and putting it on
|
||
a computer bulletin board, where computer users could copy and use it
|
||
without paying fees to AT&T." The federal indictment in Baltimore charges
|
||
him with two counts of sending a trojan horse login file (which is not, in
|
||
itself, illegal), and with three counts of transporting a very small
|
||
portion of a Unix file across state lines. He is *NOT* charged with theft
|
||
of that program in the indictment. Nor is he charged with downloading it
|
||
or with placing it on a BBS where it could be downloaded. This portion of
|
||
the story sounds like information provided by a prosecutor, because the
|
||
reporter indicated he had not read the Baltimore indictment.
|
||
|
||
*******************************
|
||
|
||
The following is a voice-transcribed version of Len Rose's indictment of
|
||
December 3, 1990 (Illinois, Du Page County; Case # 90-CF-2635). The form
|
||
may not correspond exactly with the original, but it approximates the
|
||
wording as closely as possible.
|
||
The status hearing is set for January 14, 1991.
|
||
|
||
******************
|
||
|
||
The grand jurors chosen, selected, and sworn, in and for the County of Du Page
|
||
in the State of Illinois, IN THE NAME AND BY THE AUTHORITY OF THE PEOPLE OF
|
||
THE STATE OF ILLINOIS, upon their oaths present that on or about
|
||
the 17th day of October, 1990, at and within Du Page County, Illinois,
|
||
Leonard Rose committed the offense of Computer Tampering in that said
|
||
defendant accessed a computer belonging to Interactive Services, a corporation
|
||
doing business at 1901 S. Naper Boulevard, Naperville, Du Page County,
|
||
Illinois, and removed a program known as AT&T Unix System without the
|
||
authority of the computer's owner, in violation of Illinois revised
|
||
statutes, 1989, Chapter 38, Section 16D-3(a)(3) AGAINST THE PEACE AND
|
||
DIGNITY OF THE SAME PEOPLE OF THE STATE OF ILLINOIS.
|
||
(end indictment)
|
||
|
||
************************
|
||
|
||
Following is the relevant language of the Illinois Criminal Code (Chapter 38):
|
||
|
||
************************
|
||
|
||
16D-3. COMPUTER tampering
|
||
|
||
s 16D-3. COMPUTER Tampering. (a) A person commits the offense of COMPUTER
|
||
tampering when he knowingly and without the authorization of a COMPUTER'S
|
||
owner, as defined in Section 15-2 of this Code, or in excess of the authority
|
||
granted to him:
|
||
(1) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
|
||
program or data;
|
||
(2) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
|
||
program or data, and obtains data or services;
|
||
(3) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
|
||
program or data, and damages or destroys the COMPUTER or alters, deletes or
|
||
removes a COMPUTER program or data;
|
||
(4) Inserts or attempts to insert a "program" into a COMPUTER or COMPUTER
|
||
program knowing or having reason to believe that such "program" contains
|
||
information or commands that will or may damage or destroy that COMPUTER, or
|
||
any other COMPUTER subsequently accessing or being accessed by that COMPUTER,
|
||
or that will or may alter, delete or remove a COMPUTER program or data from
|
||
that COMPUTER, or any other COMPUTER program or data in a COMPUTER
|
||
subsequently accessing or being accessed by that COMPUTER, or that will or ma
|
||
cause loss to the users of that COMPUTER or the users of a COMPUTER which
|
||
accesses or which is accessed by such "program".
|
||
(b) Sentence.
|
||
(1) A person who commits the offense of COMPUTER tampering as set forth in
|
||
subsection (a)(1) of this Section shall be guilty of a Class B misdemeanor.
|
||
(2) A person who commits the offense of COMPUTER tampering as set forth in
|
||
subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor an
|
||
a Class 4 felony for the second or subsequent offense.
|
||
(3) A person who commits the offense of COMPUTER tampering as set forth in
|
||
subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a
|
||
Class 4 felony and a Class 3 felony for the second or subsequent offense.
|
||
(c) Whoever suffers loss by reason of a violation of subsection (a)(4) of this
|
||
Section may, in a civil action against the violator, obtain appropriate
|
||
relief. In a civil action under this Section, the court may award to the
|
||
prevailing party reasonable attorney's fees and other litigation expenses.
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: well!emmanuel@APPLE.COM(Emmanuel Goldstein)
|
||
Subject: 2600 Magazine Response to Atlanta Sentencing
|
||
Date: Fri, 30 Nov 90 00:23:06 pst
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 3 of 7: 2600 Response to Atlanta Sentences ***
|
||
********************************************************************
|
||
|
||
The following article is from the Autumn 1990 issue of 2600 Magazine, The
|
||
Hacker Quarterly. We encourage its distribution to anyone interested. If
|
||
anyone needs to get in touch with us, we can be reached at:
|
||
2600@well.sf.ca.us or (516) 751-2600.
|
||
|
||
********************************************************************
|
||
|
||
Over the past year there has been a great deal of publicity concerning the
|
||
actions of computer hackers. Since we began publishing in 1984 we've
|
||
pointed out cases of hackers being unfairly prosecuted and victimized. We
|
||
wish we could say things were getting better but we cannot. Events of
|
||
recent months have made it painfully clear that the authorities, above all
|
||
else, want to "send a message". That message of course being that hacking
|
||
is not good. And there seems to be no limit as to how far they will go to
|
||
send that message.
|
||
|
||
And so we come to the latest chapter in this saga: the sentencing of three
|
||
hackers in Atlanta, Georgia on November 16. The three, Robert Riggs (The
|
||
Prophet), Frank Darden, Jr. (The Leftist), and Adam Grant (The Urville)
|
||
were members of the Legion of Doom, one of the country's leading hacker
|
||
"groups". Members of LOD were spread all over the world but there was no
|
||
real organization, just a desire to learn and share information. Hardly a
|
||
gang of terrorists, as the authorities set out to prove.
|
||
|
||
The three Atlanta hackers had pleaded guilty to various charges of hacking,
|
||
particularly concerning SBDN (the Southern Bell Data Network, operated by
|
||
BellSouth). Supposedly Riggs had accessed SBDN and sent the now famous 911
|
||
document to Craig Neidorf for publication in PHRACK. Earlier this year,
|
||
BellSouth valued the document at nearly $80,000. However, during Neidorf's
|
||
trial, it was revealed that the document was really worth $13. That was
|
||
enough to convince the government to drop the case.
|
||
|
||
But Riggs, Darden, and Grant had already pleaded guilty to accessing
|
||
BellSouth's computer. Even though the facts in the Neidorf case showed the
|
||
world how absurd BellSouth's accusations were, the "Atlanta Three" were
|
||
sentenced as if every word had been true. Which explains why each of them
|
||
received substantial prison time, 21 months for Riggs, 14 months for the
|
||
others. We're told they could have gotten even more.
|
||
|
||
This kind of a sentence sends a message all right. The message is that the
|
||
legal system has no idea how to handle computer hacking. Here we have a
|
||
case where some curious people logged into a phone company's computer
|
||
system. No cases of damage to the system were ever attributed to them. They
|
||
shared information which we now know was practically worthless. And they
|
||
never profited in any way, except to gain knowledge. Yet they are being
|
||
treated as if they were guilty of rape or manslaughter. Why is this?
|
||
|
||
In addition to going to prison, the three must pay $233,000 in restitution.
|
||
Again, it's a complete mystery as to how this staggering figure was arrived
|
||
at. BellSouth claimed that approximate figure in "stolen logins/passwords"
|
||
which we have a great deal of trouble understanding. Nobody can tell us
|
||
exactly what that means. And there's more. BellSouth claims to have spent
|
||
$1.5 million tracking down these individuals. That's right, one and a half
|
||
million dollars for the phone company to trace three people! And then they
|
||
had to go and spend $3 million in additional security. Perhaps if they had
|
||
sprung for security in the first place, this would never have happened.
|
||
But, of course, then they would have never gotten to send the message to
|
||
all the hackers and potential hackers out there.
|
||
|
||
We think it's time concerned people sent a message of their own. Three
|
||
young people are going to prison because a large company left its doors
|
||
wide open and doesn't want to take any responsibility. That in itself is a
|
||
criminal act.
|
||
|
||
We've always believed that if people cause damage or create a nuisance,
|
||
they should pay the price. In fact, the LOD believed this too. So do most
|
||
hackers. And so does the legal system. By blowing things way out of
|
||
proportion because computers were involved, the government is telling us
|
||
they really don't know what's going on or how to handle it. And that is a
|
||
scary situation.
|
||
|
||
If the media had been on top of this story and had been able to grasp its
|
||
meaning, things might have been very different indeed. And if BellSouth's
|
||
gross exaggerations had been taken into account at the sentencing, this
|
||
injustice couldn't have occurred. Consider this: if Riggs' sentence were as
|
||
much of an exaggeration as BellSouth's stated value of their $13 document,
|
||
he would be able to serve it in full in just over two hours. And the
|
||
$233,000 in restitution would be under $40. So how much damage are we
|
||
really talking about? Don't look to BellSouth for answers.
|
||
|
||
In early 1991, the three are to begin their sentences. Before that happens,
|
||
we need to reach as many people as possible with this message. We don't
|
||
know if it will make a difference in this particular case if the general
|
||
public, government officials, and the media hear this side of the story.
|
||
But we do know it would be criminal not to try.
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: <KRAUSER@SNYSYRV1.BITNET>
|
||
Subject: List of Computer Underground Clippings
|
||
Date: Fri, 30 Nov 90 21:41 EDT
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 4 of 7: List of CU News Articles ***
|
||
********************************************************************
|
||
|
||
Computer Hackers News Articles
|
||
Compiled By
|
||
Bob Krause
|
||
KRAUSER@SNYSYRV1.BITNET
|
||
|
||
The following is a list of articles that I have found concerning the
|
||
computer underground in various magazines and news-papers. The list is in
|
||
chronological order. If you know of an article that should be included in
|
||
this list or correction, send me the information and I will add it to the
|
||
listing.
|
||
|
||
Nov 18 '90 Crackdown on computer crime is raising question of computer
|
||
rights.
|
||
Chicago Tribune pg.17
|
||
Oct 29 '90 Users paying big price for PBX fraud.
|
||
Network World pg.1
|
||
Oct 28 '89 Halting hackers.
|
||
The Economist pg.18
|
||
Oct 15 '90 Target: The Corporate PBX
|
||
Information Week pg.24
|
||
Sept 9 '90 Can invaders be stopped but civil liberties upheld?
|
||
The New York Times pg.F12
|
||
Sept 1 '90 United States v Zod
|
||
The Economist pg.23
|
||
Sept '90 Digital Desperados; hackers indictments raise constitutional
|
||
questions.
|
||
Scientific American pg.34
|
||
Aug 26 '90 The rights of computer users.
|
||
Los Angles Times pg.D9
|
||
Aug 22 '90 Open sesame; in the arcane culture of computer hackers, few
|
||
doors stay closed.
|
||
The Wall Street Journal pg.A1
|
||
Aug 20 '90 NY State Police round up hackers.
|
||
Computerworld pg.99
|
||
Aug 17 '90 U.S. Arrests boy, 5 others in computer hacker case.
|
||
The Wall Street Journal pg.82
|
||
Aug 6 '90 Computer anarchism calls for a tough response.
|
||
Business Week pg.72
|
||
Aug 6 '90 Charges dropped against alleged BellSouth hacker.
|
||
Telephony pg.12
|
||
July 30 '90 Hacker trial begins in Chicago.
|
||
Computerworld pg.8
|
||
July 30 '90 'Hacking' crackdown is dealt a setback in trial in Chicago
|
||
The Wall Street Journal pg.B3
|
||
July 21 '90 Crackdown on hackers 'may violate civil rights'.
|
||
New Scientist pg.22
|
||
July 21 '90 Group to defend civil rights of hackers founded by computer
|
||
industry pioneer.
|
||
The Wall Street Journal pg.B4
|
||
July 10 '90 Group to fight for computer users' rights.
|
||
Los Angles Times pg.D5
|
||
July 10 '90 Computer hackers plead guilty in case involving BellSouth.
|
||
The Wall Street Journal pg.84
|
||
July 2 '90 Hackers of the World, Unite!
|
||
Newsweek pg.36
|
||
May 21 '90 Throwing the book at computer hackers.
|
||
Business Week pg.148
|
||
May 14 '90 Justice failed in refusing to make Morris an example.
|
||
Computerworld pg.23
|
||
May 14 '90 Morris sentence spurs debate.
|
||
Computerworld pg.128
|
||
May 14 '90 Wheels of justice grind to a halt in 'worm' case.
|
||
PC Week pg.16
|
||
May 7 '90 Three-year probation for Morris.
|
||
Computerworld pg.1
|
||
May '90 Just say No
|
||
Communications of the ACM pg.477
|
||
May '90 Uncovering the mystery of Shadowhawk.
|
||
Security Management pg.26
|
||
Apr 30 '90 The hacker dragnet: the Feds put a trail on computer crooks -
|
||
and sideswipe a few innocent bystanders. Newsweek pg.50
|
||
March 26'90 Internet interloper targets hacker critics.
|
||
Computerworld pg.127
|
||
March '90 Cyber Thrash
|
||
SPIN pg.24
|
||
March '90 Is Computer Hacking a Crime?
|
||
Harper's pg.45
|
||
Wntr '90 Comp. crime and the Computer Fraud and Abuse Act of 1986
|
||
Computer Law Journal pg.71
|
||
Feb 19 '90 Morris code.
|
||
The New Republic pg.15
|
||
Feb 12 '90 Alleged hackers charged wit theft of BellSouth 911 data.
|
||
Telephony pg.10
|
||
Feb 12 '90 Babes in high-tech toyland nabbed.
|
||
Computerworld pg.8
|
||
Feb 11 '90 Revenge on the nerds; sure, jail our hackers - who needs
|
||
software stars anyway?
|
||
Washington Post pg.C5
|
||
Feb 9 '90 Hacked to pieces.
|
||
New Statesman and Society pg.27
|
||
Feb 2 '90 Prevention is better than cure.
|
||
Public Finance and Accountancy pg.9
|
||
Jan 5 '90 Computer hacking: is a new law needed.
|
||
Public Finance and Accountancy pg.7
|
||
Feb 7 '90 Four charged with scheme against phones.
|
||
The Wall Street Journal pg.B5
|
||
Dec 4 '89 Hackers: Is a cure worse than the disease?
|
||
Business Week pg.37
|
||
Sept '89 Free the hacker two.
|
||
Harper's Magazine pg.22
|
||
June 19 '89 Hacker invades So. Bell switch.
|
||
Telephony pg.11
|
||
June '89 Consensual realities in cyberspace
|
||
Communication of the ACM pg.664
|
||
Apr 3 '89 Strong scruples can curb computer crime.
|
||
Computerworld pg.100
|
||
March 9 '90 Hackers revealed as spies.
|
||
Nature pg.108
|
||
March 6 '89 Are ATM's easy targets for crooks?
|
||
Business Week pg.30
|
||
Feb 20 '89 Prison term for first U.S. hacker-law convict.
|
||
Computerworld pg.1
|
||
Jan 9 '89 Hacker prosecution: suspect held, denied phone access by
|
||
district court.
|
||
Computerworld pg.2
|
||
Jan 9 '89 Drop the phone: busting a computer whiz.
|
||
Time pg.49
|
||
Dec 26 '88 The Cyberpunk
|
||
People pg.50
|
||
Dec 11 '88 Computer intruder is urged by authorities to contact the
|
||
laboratory he invaded.
|
||
The New York Times pg.24
|
||
Nov 14 '88 Portrait of an artist as a young hacker.
|
||
Computerworld pg.6
|
||
Nov '88 Robopsychology
|
||
Omni pg.42
|
||
Aug 1 '88 Is your computer Secure?
|
||
Business Week pg.64
|
||
Apr 28 '88 Hacker runs rings around military security.
|
||
New Scientist pg.25
|
||
April '88 Computer hackers follow Guttman-like progression.
|
||
Sociology and Social Research pg.199
|
||
Oct '87 Brian Reid, A Graphics Tale of a Hacker Tracker
|
||
Communications of the ACM pg.820
|
||
April '86 Positive Alternatives: A report on an ACM Panel on Hacking
|
||
Communications of the ACM pg.297
|
||
Jan '84 Hacking away at morality.
|
||
Communications of the ACM pg.8
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: brendan@CS.WIDENER.EDU(Brendan Kehoe)
|
||
Subject: Computer Crime Laws list
|
||
Date: Sun, 2 Dec 90 18:15:07 EST
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 5 of 7: State Computer Crime Laws ***
|
||
********************************************************************
|
||
|
||
The following are the computer crime laws for various states for
|
||
those wishing to track them down.
|
||
|
||
AL Computer Crime Act, Code of Alabama, Sections 13A-8-100 to 13A-8-103
|
||
AK Statutes, Sections 11.46.200(a)(3), 11.46.484(a)(5),
|
||
11.46.740, 11.46.985, 11.46.990
|
||
AZ Revised Statues Annotated, Sections 13-2301(E), 13-2316
|
||
CA Penal Code, Section 502
|
||
CO Revised Statutes, Sections 18-5.5-101, 18-5.5-102
|
||
CT General Statutes, Sections 53a-250 to 53a-261, 52-570b
|
||
DE Code Annotated, Title 11, Sections 931-938
|
||
FL Computer Crimes Act, Florida Statutes Annotated, Sections
|
||
815.01 to 815.07
|
||
GA Computer Systems Protection Act, Georgia Codes Annotated, Sections
|
||
16-9-90 to 16-9-95
|
||
HI Revised Statutes, Sections 708-890 to 780-896
|
||
ID Code, Title 18, Chapter 22, Sections 18-2201, 18-2202
|
||
IL Annotated Statutes (Criminal Code), Sections 15-1, 16-9
|
||
IN Code, Sections 35-43-1-4, 35-43-2-3
|
||
IO Statutes, Sections 716A.1 to 716A.16
|
||
KS Statutes Annotated, Section 21-3755
|
||
KY Revised Statutes, Sections 434.840 to 434.860
|
||
LA Revised Statutes, Title 14, Subpart D. Computer Related Crimes,
|
||
Sections 73.1 to 73.5
|
||
ME Revised Statutes Annotated, Chapter 15, Title 17-A, Section 357
|
||
MD Annotated Code, Article 27, Sections 45A and 146
|
||
MA General Laws, Chapter 266, Section 30
|
||
MI Statutes Annotated, Section 28.529(1)-(7)
|
||
MN Statutes (Criminal Code), Sections 609.87 to 609.89
|
||
MI Code Annotated, Sections 97-45-1 to 97-45-13
|
||
MS Revised Statutes, Sections 569.093 to 569.099
|
||
MT Code Annotated, Sections 45-2-101, 45-6-310, 45-6-311
|
||
NE Revised Statutes, Article 13(p) Computers, Sections 28-1343 to 28-1348
|
||
NV Revised Statutes, Sections 205.473 to 205.477
|
||
NH Revised Statutes Annotated, Sections 638:16 to 638:19
|
||
NJ Statutes, Title 2C, Chapter 20, Sections 2C:20-1, 2C:20-23 to 2C:20-34,
|
||
and Title 2A, Sections 2A:38A-1 to 2A:38A-3
|
||
NM Statutes Annotated, Criminal Offenses, Computer Crimes Act, Sections
|
||
30-16A-1 to 30-16A-4
|
||
NY Penal Law, Sections 155.00, 156.00 to 156.50, 165.15 subdiv. 10,
|
||
170.00, 175.00
|
||
NC General Statutes, Sections 14-453 to 14-457
|
||
ND Century Code, Sections 12.1-06.1-01 subsection 3, 12.1-06.1-08
|
||
OH Revised Code Annotated, Sections 2901.01, 2913.01, 2913.04, 2913.81
|
||
OK Computer Crimes Act, Oklahoma Session Laws, Title 21, Sections
|
||
1951-1956
|
||
OR Revised Statutes, Sections 164.125, 164.377
|
||
PA Consolidated Statutes Annotated, Section 3933
|
||
RI General Laws (Criminal Offenses), Sections 11-52-1 to 11-52-5
|
||
SC Code of Laws, Sections 16-16-10 to 16-16-40
|
||
SD Codified Laws, Sections 43-43B-1 to 43-43B-8
|
||
TN Code Annotated, Computer Crimes Act, Sections 39-3-1401 to 39-3-1406
|
||
TX Codes Annotated, Title 7, Chapter 33, Sections 33.01 to 33.05
|
||
UT Computer Fraud Act, Utah Code Annotated, Sections 76-6-701 to 76-6-704
|
||
VA Computer Crime Act, Code of Virginia, Sections 18.2-152.1 to
|
||
18.2-152.14
|
||
WA Revised Code Annotated, Sections 9A.48.100, 9A.52.010, 9A.52.110 to
|
||
9A.52.130
|
||
WI Statutes Annotated, Section 943.70
|
||
WY Statutes, Sections 6-3-501 to 6-3-505
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
From: Moderators, Joe Abernathy, and "4 8"
|
||
Subject: Media and the CU
|
||
Date: December 4, 1990
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 6 of 7: Media and the CU ***
|
||
********************************************************************
|
||
|
||
%Moderators' note: We received a number of responses, including logs from
|
||
various net sources, about the DEA/PBX story in CuD 2.14. We invited Joe to
|
||
respond, and received another, unsolicited, commentary. We add a final
|
||
concluding comment at the end of this file%.
|
||
|
||
*****************
|
||
|
||
From: chron!magic322!edtjda@UUNET.UU.NET(Joe Abernathy)
|
||
Subject: A Response to recent critics by Joe Abernathy
|
||
Date: Thu, 29 Nov 90 20:35:30 CST
|
||
|
||
The debate of the word hacker, while worthy and fascinating, is not
|
||
something that makes proper material for a daily newspaper. The fact is
|
||
that the force of society has made "hacker" into the bad guys, despite the
|
||
fact that it used to refer to people like myself, who sit around playing
|
||
with modems and assembly language. Most people in the press possess more
|
||
knowledge about things like this -- and things like the difference between
|
||
worm and virus, or usenet and Internet -- than they're given credit for.
|
||
What the critics always miss is that reporters don't write just for
|
||
computer scientists --they write for their grandmothers, their children,
|
||
and for the public record. So what happens is that the reporters always
|
||
choose the most accurate word or description that can be understood by the
|
||
largest number of people.
|
||
|
||
Screaming at reporters, or suggesting their ignorance, won't change the way
|
||
hacker is used in stories. That definition is already written in the public
|
||
consciousness, and in the laws of the land.
|
||
|
||
Jack Minard, the second correspondent, invalidated his complaint by failing
|
||
to read my article. I don't have time to do his reading for him, but I will
|
||
respond to the one thing he alluded to that really does matter from a
|
||
standpoint of journalist ethics: why the "hackers" weren't identified. They
|
||
weren't because they wanted it that way ... which raises the issue of why
|
||
anyone would allow one's accusers to go faceless. The answer is that we
|
||
didn't -- the facts of that story were provided by the DEA itself, albeit
|
||
upon my request, with the members of the computer underground identified
|
||
only to provide color and perspective.
|
||
|
||
Best Regards.
|
||
|
||
***************************************************
|
||
|
||
From: 4 8 (Figure it out)
|
||
Subject: In regards to the comments about the "DEA article" in the last CuD
|
||
Date: 11/30/90 @ 4:43 PM
|
||
|
||
In regards to the comments about the "DEA article" by Joe Abernathy of the
|
||
Houston Chronicle:
|
||
|
||
I find that what you have stated is limited in your knowledge to the story
|
||
and exactly what happened.
|
||
|
||
I'm very upset at the fact that you present Joe Abernathy as an
|
||
"anti-hacker" journalist. Furthermore, you continue to present the quotes
|
||
in the article as also being "anti-hacker".
|
||
|
||
As it may be, I tipped off Joe about the story and it's background so he
|
||
could publish it. Now, you may not know who wrote this, but if you did--
|
||
I'm almost positive you wouldn't dare to call me an "anti-hacker". Hell
|
||
man, I'd make you eat those words. [And trust me, you don't want that]
|
||
|
||
(Thank you for letting my ego surpass yours for that last paragraph)
|
||
|
||
The PBX that was mentioned was abused ridiculously to the point at which
|
||
someone had to come forward and tell who owned the lines. As many as 200+
|
||
were using this PBX nationally. The story wasn't done to "thrash" hackers,
|
||
nor to embarrass the government (Well.. maybe a little bit!), it was done
|
||
to show how stupid toll fraud can be if not exposed over a period of time.
|
||
|
||
Now, I have something to say regarding the author of the article. Joe
|
||
Abernathy is a very important symbol of these times. He what the community
|
||
needs more of: A journalist who sees "grey" and has the power to reach
|
||
people.
|
||
|
||
I think you've made a great mistake in publicly voicing your opinion on the
|
||
article and Joe. We need more Journalists like Abernathy who do see "grey"
|
||
in this community.
|
||
|
||
It appears to me that you didn't actually read the story. Otherwise, it
|
||
would be obvious to you that it wasn't one sided. The quotes taken were
|
||
from REAL hackers, ones that fed up with the BS of the current state of the
|
||
community.
|
||
|
||
You are "ragging" on a very good ally of this community, the press. In the
|
||
past the press "bashed" hackers. I seldom see journalists hacker-bash
|
||
anymore.
|
||
|
||
Furthermore, the 1.8 million figure that Joe published was incorrect.
|
||
Hell, I think it was more than 1.8 million! The PBX was accessable for
|
||
about 1 year. And don't tell me that it would take 9.7 hackers dialing 24
|
||
hours a day to get that total. Hell! One hacker could EASILY surpass that
|
||
total.
|
||
|
||
I suggest you re-evaluate your views. YOU ARE THE ONE-SIDED STORY.
|
||
|
||
Take heed to this warning:
|
||
|
||
Your comments were taken personally by me. I believe that if YOU continue
|
||
to bash the "grey-journalists" of this period, than you'll destroy a needed
|
||
link between these journalists and the community.
|
||
|
||
Regards,
|
||
4 8
|
||
|
||
PS: Most of the material that was in your comments came directly from various
|
||
other news-posts around the net
|
||
|
||
|
||
************************************
|
||
|
||
%Moderators' Comment%:
|
||
An important goal of CuD remains that of stimulating debate, and we try to
|
||
print, uncensored and without commentary, the views as expressed by
|
||
contributors, whatever they may be. The media stands in an ambiguous
|
||
relationship with the CU. One one hand, we encourage them to print
|
||
favorable, or at least factual, stories but, on the other, we are
|
||
suspicious or hostile when those stories are not to our liking. Reporters,
|
||
like the rest of us, learn, and when we feel they are in error, it's most
|
||
helpful to engage in dialogue and let the "dialectic of knowledge" take its
|
||
course, keeping an ever-watchful eye that the course paints a clearer
|
||
picture not only of "reality," whatever and wherever that may be, but also
|
||
tries to understand the "reality" of others as well. The danger in
|
||
criticizing individual reporters, especially those who are actively
|
||
reporting on issues in which we are interested, is that we remain blind to
|
||
their positive contributions and remain focused on a perceived past
|
||
grievance. This, in the long run, seems unproductive. We run the risk of
|
||
becoming our own worst enemy, fragmenting into splinter groups supporting,
|
||
opposing, squabbling, over sometimes important , but--more
|
||
often--short-term issues. When this happens, we divert attention from the
|
||
broader issues of Constitutional rights, civil liberties, crackdowns, and
|
||
the rest. Rather than castigate an individual, we would, as moderators,
|
||
prefer to see reasoned alternatives developed, argued, examined, and
|
||
clarified.
|
||
|
||
We printed both articles in the last issue because they typified the
|
||
shorter concerns we read. One contributor identified four points that,
|
||
despite the tone of the post, we thought legitimate for debate. Borrowing
|
||
from that article, and paraphrasing (perhaps beyond the original meaning of
|
||
the post), we identify:
|
||
|
||
1. What is a hacker, and who gets to define the term? This is a crucial
|
||
issue, and not merely a semantic quibble, because law enforcement defines
|
||
hackers as felons by definition.
|
||
|
||
2. What is the relationship between law enforcement and media? We tend to
|
||
agree that the figure of $1.8 seems high when one calculates it. This is an
|
||
issue that extends beyond our own interests (as the recent uncritical
|
||
articles of the "earthquake scare" and other stories indicate). The
|
||
question, as we see it, is: To what degree do those with an interest in
|
||
prosecuting hackers manipulate the media by distorting definitions, the
|
||
English language, and facts and figures to create an alternative reality
|
||
more to their liking? It would seem we should be working to alert the media
|
||
to be more critical of the information they receive.
|
||
|
||
3. News media tend to rely on law enforcement sources because most do not
|
||
know any hackers and because many reports perhaps give law enforcement more
|
||
credibility than to their targets. Punching them in the nose is not likely
|
||
to make the media want to get to know us. Like all of us, most reporters
|
||
are just doing their job, and most who write these stories cover a variety
|
||
of other topics as well. Therefore, they are often simply not computer
|
||
literate. One of our goals is to expand their literacy. Sometimes this is
|
||
successful, but other times not. But, the struggle must continue, and
|
||
struggle is as long as history. We see most of the CU issues (privacy,
|
||
judicial process, who gets to define "crime") as broader issues, and our
|
||
collective participation is not simply an attempt to make the world safe
|
||
for hackers, a rather silly and myopic goal, but to address broad issues in
|
||
one tiny slice of our existence, that of cyberspace, and hopefully the
|
||
implications will, in the aggregate, contribute to a more tolerable world.
|
||
|
||
When aging radicals begin to sound like moderate liberals, perhaps they've
|
||
fought one fight too many. Nonetheless (there's always a "nonetheless"), we
|
||
find it more productive to "keep our eye on the prize" rather than continue
|
||
internal bickering over "who's right" or "who's wrong."
|
||
|
||
********************************************************************
|
||
>> END OF THIS FILE <<
|
||
***************************************************************************
|
||
|
||
------------------------------
|
||
|
||
Subject: The Hermetic Underground
|
||
From: Dark Adept
|
||
Date: Wed, 28 Nov 90 2:15:52 CST
|
||
|
||
********************************************************************
|
||
*** CuD #2.15: File 7 of 7: The Hermetic Underground ***
|
||
********************************************************************
|
||
|
||
Reinforcing the cloak of the Underground...
|
||
|
||
The Hermetic Underground
|
||
|
||
by
|
||
|
||
The Dark Adept
|
||
|
||
Greetings! This phile will take a different twist than the previous ones.
|
||
In the past few philes, I have given security (common sense) advice to the
|
||
members of the "real" world. The purpose was to try and build a rapport
|
||
between industry and computer society. However, there is a question as to
|
||
whether computer society will survive or not. In an effort to keep the
|
||
Underground alive, I will be relating some ideas for survival during the
|
||
"witch-hunt."
|
||
|
||
----------------------
|
||
| Modern-day Wizards |
|
||
----------------------
|
||
|
||
A long time ago in a place far, far away there were once many wizards. Now
|
||
wizards did not really raise the dead or turn gold into lead. What they
|
||
did do was to try and learn about and explain the universe as best as they
|
||
could. They delved into dark territories such as death, alchemy, and
|
||
mechanical engineering in order to improve the world they lived in. From
|
||
these evil doings, two things were produced. Science, including
|
||
Philosophy, Logic, Math, Chemistry, Physics, etc. And witch-hunts. They
|
||
weren't witch-hunts as one may see by looking at Salem. The effect was
|
||
much more devastating. Not only were wizards wiped from the face of the
|
||
earth, but the way they viewed life was also removed. You see, a wizard
|
||
was a jack-of-all-trades. The wizards believed that everything was
|
||
interrelated. Physics was actually related to Philosophy, and Alchemy was
|
||
a form of religion. So, the wizards studied everything possible so as to
|
||
see how the ideas interrelate. (Sort of a twisted Unified Field Theory).
|
||
|
||
There was also another reason why wizards tried to master everything. This
|
||
was because they could not come together and form a wizards guild. They
|
||
were not liked or trusted by society since they had access to information
|
||
that society did not. If they had come together they would have been wiped
|
||
from the face of the earth. Yes, I lied. In the previous paragraph I said
|
||
that wizards no longer existed. The fact is that they do and always will.
|
||
A wizard is a person who believes everything is interrelated and attempts
|
||
to find the interrelation and control his universe by it. One such branch
|
||
of wizardry is known as the Computer Underground. (To read about a real
|
||
wizard who lived in ancient times, pick up John Dee by Peter French. You
|
||
will see everything I have said is true).
|
||
|
||
So, what can we modern-day mages learn from the wise wizards of yesteryear?
|
||
|
||
--------------------
|
||
| Atomic Particles |
|
||
--------------------
|
||
|
||
The worst thing the underground could do now is organize on a mass level.
|
||
Our strength is to be found in that we are a mass of atomic entities
|
||
operating against a concerted effort. The attacks on the Underground by
|
||
the witch-hunters may smash a few individuals here and there, but the
|
||
overall body lives on. Just as the United States Army failed to fight
|
||
effectively against a dispersed phantom force like the Vietnamese, so too
|
||
will the onslaught fail against a patternless weaving of hackers. What the
|
||
opposition is trying to do is like trying to shoot gnats with a shotgun.
|
||
As long as the Underground remains dispersed and loosely organized, there
|
||
is no way they can search out and destroy the entire bunch of us. If we
|
||
band together, then, of course, they have a much larger target.
|
||
|
||
----------------------
|
||
| As Above, So Below |
|
||
----------------------
|
||
|
||
The Underground is shaped by the events that occur in the "real" world.
|
||
If Company ABC gives a grant to University XYZ to add a node to the Net,
|
||
then the Underground is expanded. If there are laws passed banning
|
||
cross-state telecommunications, then the Underground is diminished. The
|
||
topics of discussion in the Underground are also determined by "real"
|
||
world events. For this reason, the battle must be fought in the "real"
|
||
world and in the "real" world alone. The only way to conclusively affect
|
||
the existence of the Underground is to affect society. This means to
|
||
affect society in the Courts, Congress, and Senate. There are already
|
||
legitimate and capable vehicles for doing so: the EFF, for example.
|
||
These organizations need your support. Support them, but as citizens of
|
||
the United States, and not as hackers. The only way to decisively defeat
|
||
our opponents is to defeat them in their own lairs, and by using their
|
||
means.
|
||
|
||
To win the fight to get the Constitution to protect the rights of the
|
||
computer user, we must fight intelligently, morally, and ethically. We
|
||
must not succumb to the temptation to use terrorist tactics in order to
|
||
extort rights from the opposition. To do so would just anger potential
|
||
supporters. To do so would be to lower ourselves to the level of our
|
||
antagonists. We must fight with honor, with dignity, and with tenacity.
|
||
|
||
-----------------------------------------------
|
||
| Of the Bloody Sacrifice and Matters Cognate |
|
||
-----------------------------------------------
|
||
|
||
We have lost a few valuable members during the Computer Revolution. We
|
||
should not let their "deaths" be in vain. Let us learn from their mistakes
|
||
in order to better ourselves. One example is security hacking. Yeah, it's
|
||
fun. Yeah, it's better than the last Zork (tm Infocom, Inc.) game that
|
||
came out. But it's illegal. It gives the Underground a bad name. It
|
||
causes problems, and things get real ugly real fast. Way back when
|
||
security hacking first started, there were no problems since no one caused
|
||
any real trouble. Then came the few idiots who tried such things as
|
||
mercenary work, extortion, and a couple of other assorted nasty dealings
|
||
that caused corporations to RIGHTFULLY fear and dislike hackers. We caused
|
||
the problem ourselves. The blame cannot be laid on people who are trying
|
||
to protect their own property.
|
||
|
||
I am therefore asking that we all cease and desist from hacking into
|
||
private computers from this point on. There are plenty of things we can do
|
||
without inciting death threats from telephone companies. Why not set up
|
||
our own networks? A decent Unix system can be built for under $8,000. If
|
||
we can get a bunch of people together to donate some money (hey, you big
|
||
businesses, here's a hint!), then we can have our own "playground" so that
|
||
the "adults" won't be bothered by us snot-nosed (Cyber)punks. Slap
|
||
together a couple of nodes, and we can send worms and hack all we want
|
||
LEGALLY.
|
||
|
||
Again, there are other methods that can be used to gain the free flow of
|
||
information than illegal system entry. Laws could be passed that require
|
||
detailed descriptions of systems to be made public if the use of those
|
||
systems directly affects the public. An example is the infamous 911 info.
|
||
The 911 system is paid for by the public, services the public, and the
|
||
public is now dependent on it. Yet, the public knows nothing about it.
|
||
Does it make sense that something upon which human lives depend should be
|
||
classified as a "trade secret"? Should not the public be made aware of its
|
||
limitations so as to know whether it is feasible? This obviously does not
|
||
require disclosure of the source code, but it does require the disclosure
|
||
of specifications, limitations, testing data, and all instances of failure.
|
||
It would also require the general algorithm so as to prove the value of the
|
||
method.
|
||
|
||
The whole point of this section is that the day of the security hacker is
|
||
dead along with that of the Blue Boxer. Let them lie peacefully. We can
|
||
still hack code, transfer messages across the country, access tons of
|
||
information, and many other things. Is it worth risking that in order to
|
||
get into some TSO system?
|
||
|
||
---------------------
|
||
| Forbidden Secrets |
|
||
---------------------
|
||
|
||
The final icing on the cake is the fact that the people persecuting the
|
||
Underground are incompetent for the task at hand. After reading the SJG
|
||
affidavit, I am positive that they are excellent purveyors of law
|
||
enforcement, but don't know beans about computers. The belief that Kermit
|
||
was some type of illegal information is, obviously, ridiculous. When all
|
||
of this explodes, it is they who will have egg on their faces, and not we.
|
||
While doing research on the events, I came across a statement by someone in
|
||
law enforcement who said that when the results of Operation Sundevil are
|
||
made public, Mitch Kapor will be embarrassed since he is defending common
|
||
criminals. No, in reality I think it is they who will be embarrassed. They
|
||
are the ones who destroyed private property and valuable data. They are
|
||
the ones who destroyed lives and businesses with incompetence, not hackers.
|
||
|
||
--------------------
|
||
| And finally..... |
|
||
--------------------
|
||
|
||
To sum up: Stay dispersed and unorganized. Help out the EFF. Fight for
|
||
your rights using legal means in court. Don't hack security, but start
|
||
building public access systems. Expose the truth every chance you get.
|
||
|
||
My next article will once again deal with security issues in general.
|
||
Specifically, I will begin talking about the problem of copyrighting and
|
||
patenting things other than source code.
|
||
|
||
Keep up the faith, people. We can't lose. I chose the handle The Dark
|
||
Adept because I believe that out of darkness comes light. Out of the
|
||
darkness of lies and oppression comes the light of truth and freedom. One
|
||
just needs to be Adept enough to catalyze the reaction.
|
||
|
||
So, as always, I remain....
|
||
|
||
The Dark Adept 11/26/90, Chicago, IL
|
||
E-Mail: Ripco BBS (312)-528-5020
|
||
|
||
|
||
********************************************************************
|
||
|
||
------------------------------
|
||
|
||
**END OF CuD #2.15**
|
||
********************************************************************
|
||
|
||
|
||
|