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37 KiB
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788 lines
37 KiB
Plaintext
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Computer underground Digest Tue Jan 26, 1993 Volume 5 : Issue 07
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Copy Editor: Etaion Shrdlu, Junior
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CONTENTS, #5.07 (Jan 26, 1993)
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File 1--Mark Carter Clears his Name...
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File 2--Reply to St.Catharine's "Porn" stories (RE: CuD 5.02)
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File 3--Legal Strategy on 2600 Nov. '92 Mall Harassment
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File 4--Re: "Explosive Data for Bombs" (CuD #5.05)
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File 5--Response to Prosecutor Citarella's Notes (CuD 5.06)
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost from tk0jut2@mvs.cso.niu.edu. The editors may be
|
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contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at:
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Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
||
LAWSIG, and DL0 and DL12 of TELECOM; on GEnie in the PF*NPC RT
|
||
libraries and in the VIRUS/SECURITY library; from America Online in
|
||
the PC Telecom forum under "computing newsletters;" on the PC-EXEC BBS
|
||
at (414) 789-4210; in Europe from the ComNet in Luxembourg BBS (++352)
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||
466893; and using anonymous FTP on the Internet from ftp.eff.org
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||
(192.88.144.4) in /pub/cud, red.css.itd.umich.edu (141.211.182.91) in
|
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/cud, halcyon.com (192.135.191.2) in /pub/mirror/cud, and
|
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ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
|
||
European readers can access the ftp site at: nic.funet.fi pub/doc/cud.
|
||
Back issues also may be obtained from the mail server at
|
||
mailserv@batpad.lgb.ca.us.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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||
as the source is cited. Some authors do copyright their material, and
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||
they 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 computer culture and communication. Articles are
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||
preferred to short responses. Please avoid quoting previous posts
|
||
unless absolutely necessary.
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||
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DISCLAIMER: The views represented herein do not necessarily represent
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||
the views of the moderators. Digest contributors assume all
|
||
responsibility for ensuring that articles submitted do not
|
||
violate copyright protections.
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----------------------------------------------------------------------
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Date: Fri, 22 Jan 93 00:57:30 -0500
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From: carterm@SPARTAN.AC.BROCKU.CA(Mark Carter)
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Subject: File 1--Mark Carter Clears his Name...
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Response to "Response to Mark Carter in CuD #5.02 and #5.03",
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which appeared in CuD #5.05.
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In response to Kenneth Werneburg, Derek Borgford, and Rick
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Vanderzwaag, I would like to congratulate them on a fine article.
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However, I would like to correct a few wrong assumptions they made
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about my personal opinions.
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Clearing my name, as it were...
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Quick synopsis of what my opinions really are:
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1. I do not have a pre-occupation with Fidonet.
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2. I do not rank non-Fidonet boards below others. Nor do I have a
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negative prejudice towards boards not affiliated with Fidonet.
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3. I'm no expert on Interzone, just based my comments on what few
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experiences I've had there.
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4. I did not forward the Standard articles with the intention of
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shedding new light on the issue. Rather, as I understood it, Cud
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readers are interested in reading about how the media deals with
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computer issues. Thus, I sent the articles, with brief
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introductions to clear up some of the obvious errors and point out
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the bias of the article. There was no intention to submit an
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article of "substance". If there were, I would have written my
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own, instead of forwarding the Standard's articles.
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I feel it necessary to point out that in an otherwise excellent
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article, the negative criticism against me stemmed from a small
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paragraph of my introduction to the Standard article which appeared in
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Cud 5.03(Cud 5.02 had nothing objectionable), and from certain
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expectations(with no foundation) that I would be writing an
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enlightened accompaniment to the articles I forwarded.
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In relation to #1 and #2, above, I would like to note that rather than
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a prejudicial "pre-occupation" with Fidonet that "clouds my
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judgement", I simply regard it as a valuable feature on any BBS.
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International Echomail and Netmail can only be a bonus, in my opinion.
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For users interested primarily in on-line games or files, connection
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to a network is not necessary. The same can be said for users who are
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content to speak with frequent callers to a specific board. As for
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Interzone not having those terrible restrictions applied to
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echomail(polite language and common courtesy are encouraged; gosh,
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what a constraint!), any sysop can set up a message area on their
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board which is not connected to a mail network.
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Overall, I daresay my remarks were blown out of proportion.
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As for my stating that Interzone was "hardly a good example of local
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boards" this was not at all based on popularity. I might comment on
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how I feel certain other features should have been noted, but I would
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be opening myself up to criticism again(which I have undoubtedly
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already done). Nonetheless, I'll state that message areas(BBS
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specific or Fidonet, doesn't matter either way to me, despite what my
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detractors would have you believe) and other file offerings than .GIFS
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should have been noted. Perhaps my comments on Interzone were
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"uninformed", but in any case, I remain blissfully so. Those
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"uninformed" comments were taken far too seriously.
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As far as popularity goes, the "second most popular board in the
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region" figure is hardly verifiable. 600 callers per week is also not
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a very good indication of popularity, for obvious reasons. There are
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hundreds of boards in the Niagara region. Many are popular. Several
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have multiple lines.
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Since they mark letters to the editor as badges of honour, I'll note
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that I also wrote a letter to the editor, which was published. I
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haven't received any criticism about it yet(presumably because the
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three guys this response is to haven't seen it); to the contrary,
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several people have commented that it was an excellent submission.
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I leave you with this quote from the article which I respond to:
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"We fail to understand Mark Carter's implicated hierarchal delineation
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regarding the relative worth of BBSes in the Niagara region".
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Clearly, this exemplifies what I have maintained, that my brief words
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of introduction to a forwarded article were blown out of proportion,
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and misinterpreted by those who feel I have a pathological desire to
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merely imply what I would write plainly if I intended something to be
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my message.
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Regardless, rather than dismiss my critics' article, I will praise it.
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Once they got through slamming my character, they added some of the
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"substance" which they for some reason expected of myself. Indeed,
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had I attempted to provide "substance" it would have clouded the
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articles, which I felt Cud readers would be more interested in.
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Overall, though, Ken, Derek and Rick wrote a good article.
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++++
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Addendum:
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BTW, I apologize if anyone took offense at anything I said, in any
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article (this is a standing apology...). Interzone is a great local
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board, is popular, has lots of files, games, etc. The reason I meant
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that it wasn't a good example of a local board was because it doesn't
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really follow the standard of other boards in the region.
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Undoubtedly, this adds to it's popularity. L8r.
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------------------------------
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Date: Mon, 25 Jan 1993 20:56:49 -0500
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From: mckenzie@CHEZROB.PINETREE.ORG(Rob McKenzie)
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Subject: File 2--Reply to St.Catharine's "Porn" stories (RE: CuD 5.02)
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In the edition of CUD dated Sun Jan 10, 1992 Volume 5 : Issue 02,
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there was this article in the "CU IN THE NEWS" section regarding 3
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newspaper articles from a St. Catharine Ontario news paper. Here is
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the letter that a friend and I have sent off to the Editor-in-Chief.
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++++++++++++++++++++++
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Robert McKenzie
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PO Box 70053
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Ottawa, On
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K2P 2M3
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Phone: 613/794-0911
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January 25, 1993
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The St. Catharine Standard
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17 Queen St.
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St. Catharine, On
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L2R 5G5
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ATTENTION: Paul Forsyth and Andrew Lundy
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I am writing in response to articles you wrote in _The Standard_
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on July 25, 1992.
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I received the text of your articles from an electronic
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newsletter called the Computer Underground Digest. I must say after
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reading them, I am not surprised at what you have discovered. What
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shocks me, however, is that you seem to convey that this "electronic
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porn" is the norm in the on-line community. In my experience, it
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would seem that fewer than 20% of the systems would have "hard
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hard-core porn" on-line, and perhaps fewer than 20% of that group have
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GIF (pronounce JIFF) files that contain bestiality or scenes of rape
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and violence toward women."
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I do not deny that these atrocities exist, because they do; and I
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think the general public should be made aware of them. The Bulletin
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Board Systems (BBSes) that carry GIFs that contain scenes of
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bestiality, rape, and violence toward women should be boycotted and
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black-listed till they clean up their systems. I do not condone the
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distribution of such material in any way, and such material should be
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banned by law.
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I would like to share my views on your articles. Your original
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text will be enclosed in a set of "<< >> " characters, with my
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comments following your quoted text.
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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KIDS CAN SEE HARD-CORE PORN AT TOUCH OF A BUTTON
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++++++++++++++++++++++++++++++++++++++++++++++++
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by Paul Forsyth and Andrew Lundy (Standard Staff)
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<< Some boards try to screen users accessing adult files, but
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Brandon found kids simply lied about their ages. Many system
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operators offer instant access to their programs with few age or
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identification checks. >>
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I have run my BBS for a little over 2 years now, and I have
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concluded that the best way to verify a user is to call on the
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telephone. You can normally spot kids who are filling out applications
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for access to the system by the answers they give to various
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questions. The biggest one I catch users on is when I ask for the
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birth date, then later on in the application ask for the age of the
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applicant. If two different ages are entered, I have my answer.
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Having mail-in applications that must be downloaded from the BBS,
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printed, and then mailed via regular mail (Canada Post) is another
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good way to rid your system of kids who only want pornography. I've
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not seen a kid yet who can find the patience to fill out and mail an
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application and wait for validation.
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<< On a recent weekday, for example, two Standard reporters
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easily accessed a spate of adult files on local boards--images ranging
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from soft-core centrefolds to hard-core images pushing the legal
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limits of obscenity. Police say it is difficult to lay charges
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because most of the files--other than bestiality, child porn or
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dehumanizing, violent or degrading material--are legal under the
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Criminal Code. And federal law does not restrict kids' access to porn
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of any kind. >>
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May I ask how many systems you connected with and obtained this
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material from? What percentage of the total number of BBSes in the
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St. Catharines area does that represent?
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I believe that federal and provincial law prohibit the sale of
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and distribution of pornographic materials to people under the age of
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18.
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<< Police are hesitant to charge the thousands of board
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operators across the country, despite the fact many carry material
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clearly obscene under the Criminal Code. That is because it is
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difficult to nail down where the files-- many originating in the
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U.S.--come from, said Inspector Ray Johns, in charge of the vice unit
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of the Winnipeg police force. >>
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I think if the material on a system is in contravention of the
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Criminal Code, then the system operator (sysop) of that BBS should be
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charged; but as for not being able to nail down the origin of these
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files, this has little bearing on the issue. Look at the number of
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video stores that have been busted in the past year for the
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contravention of Canadian pornography laws. Very few -- if any -- of
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those videos, I suspect, actually originated in Canada, yet the store
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owners were charged and the tapes were confiscated. Why, then, could
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the police not charge a sysop for the distribution of the GIFs?
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<< The rapid advancement of computer technology has caught
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police, lawmakers and anti-porn organizations off guard. Some women's
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groups which have taken hard-line stands against pornography are not
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even aware bulletin board porn exists. >>
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I hope articles such as yours will help to enlighten not only the
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women's groups, but also the police and the lawmakers, in the hope
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that they will help to clean up the on-line community (also known as
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CyberSpace, a buzzword for the 90s). I, for one, do not like to see
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CyberSpace tainted by articles such as yours which appear to be only
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showing the downside of the few systems that are not, shall I say par
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with the laws.
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<< Fearful parents can forget about complaining to Bell Canada.
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The phone company has been told by the Canadian Radio-Television and
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Telecommunications Commission that censorship won't be tolerated. >>
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I have to tip my hat to the C.R.T.C. for its decision with
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respect to censorship. I feel that the people of Canada are subjected
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to enough of that already. Bell should be applauded for its decision
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not to contest the decision of the C.R.T.C.
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<< Problems like that prompt Towne Crier's Brandon to say
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legislation requiring boards to be licensed might be necessary to stem
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kids' access to porn. But Matthews of Project P said local computer
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owners could simply phone Texas or Australia or anywhere else in the
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world and download porn. "It can come from any place," he said. "This
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is getting to be a problem throughout North America and the world." >>
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I don't think BBSes should have to be licensed or even registered
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in any way, but I do think there should be a hot-line set up for
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people to call to report a BBS that carries illegal, pornographic
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material A committee could be set up to investigate these reports, and
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if they are confirmed then the sysop could have action taken against
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him/her. Punishing the many for the errors of the few is not the way
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to go.
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<< "There's a whole lot of legal questions because of the
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computer. It's a grey area," said Johns, who is waiting for
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clarification on the issue in the courts. Don Adams, director of
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computing and information services at Brock, said universities are in
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a quandary about what to do with offensive files. "You can't really
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censor the damn network, but on the other hand you don't want to carry
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all this junk, either." >>
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Computers are a grey area in the law for only one reason: the
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lawmakers do not, cannot or will not understand computers. You can't
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pass a law on something you know nothing about.
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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SEEING COMPUTER FILES EASY
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++++++++++++++++++++++++++
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by Paul Forsyth and Andrew Lundy (Standard Staff)
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<< By running a program which displays text and graphics from
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other computers on the screen, users can become members of bulletin
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boards anywhere in the world. The boards are electronic meeting
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places where users can talk to other computer enthusiasts, play
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games and exchange messages or files. They are usually set up on
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home computers by hobbyists who spend hours a day maintaining the
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boards, updating files and enforcing whatever rules they have
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established--like no swearing, or racist jokes. >>
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This is the norm for the on-line community! In fact the woman
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I will be marrying this spring lives in the US, and I met her via
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the computer. We spent hours every day typing to each other in
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real-time before we met in person. This is one direction computers
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are going.
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<< Practically every board--there are dozens in Niagara
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alone--has an area for graphics files, often labelled GIFs. The
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photos find their way into computers by anonymous hackers using
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scanners, an electronic device similar to a photocopier. But
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instead of paper, what's produced is an on-screen image that's
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often as vivid as the real thing. Accessing these files is as easy
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as typing a few instructions: telling the board what file you want,
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the way you want to transmit it--called downloading--then simply
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hitting the return key. >>
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Oh my! You have touched on a very soft spot now, and not just
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in me, but in anyone who has been around the on-line community for
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more than 8 or 9 years: that old buzzword of "hacker". I wish
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people who write about "hackers" would first learn the meaning of
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the word, then use the search and replace function of their word
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processors to replace it with something that is suitable for their
|
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story.
|
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|
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Your connotation of the word "hacker" is a person who has
|
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nothing better to do with his/her time, or a person who commits
|
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acts that are morally questionable. Hmmmm, I must rebut this
|
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definition. My definition of a hacker is one who is proficient
|
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with computers, one who wants to use computers for the purpose of
|
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learning and excelling in a field. Webster's says:
|
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|
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hack'er n. a talented amateur user of computers.
|
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|
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Now, the word "amateur" is questionable by my definition, but
|
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nevertheless the above definition is how we computer enthusiasts
|
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like to think of ourselves. The people you refer to in your
|
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article are disobedient children or misguided adults. These people
|
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are not, and probably never will be, considered hackers by other
|
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real hackers.
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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IMAGES SHOCK JUSTICE ASSISTANT
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++++++++++++++++++++++++++++++
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by Paul Forsyth and Andrew Lundy (Standard Staff
|
||
|
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<< Rob Nicholson's face grew grim as the computer image
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flashed on the screen. Two words escaped from his mouth: "My God."
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>>
|
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Hehehe, that's probably all you could print in a publicly
|
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consumed newspaper, but we get the idea.
|
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|
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<< Two reporters dropped by yesterday to show him a
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cross-section of hundreds of porn files easily available on local
|
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computer bulletin boards--files even board operators admit are big
|
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draws for computer-literate young teens. >>
|
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|
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I'm glad these reporters brought this situation to the
|
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attention of the officials. If the GIFs contain bestiality, scenes
|
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of rape and/or violence, they should be banned. Alas, as I said
|
||
above, we are stuck with lawmakers from an older generation who
|
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don't understand computers and cannot pass laws on something they
|
||
don't understand.
|
||
|
||
<< "I don't know what the ... solution is to this. It
|
||
bothers me that we don't have a magic bullet. This wonderful new
|
||
technology is being perverted. It scares me as a parent." >>
|
||
|
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You are correct in this statement. I think the wonderful
|
||
world of computers and the concept of telecommunications is being
|
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polluted by a few bad apples.
|
||
|
||
I would like to see articles similar to yours in all the major
|
||
papers in Canada, but you can't just talk of the bad. It's more
|
||
important to talk of the good that computers and CyberSpace, as we
|
||
call it, can be to the world. Pornography is only 1/1000th of what
|
||
is out there for people to experience, but by the same token,
|
||
people need to be made aware of it. However, for the benefit of
|
||
the on-line community and the positive reputation it has created
|
||
for itself, please point out the bad in a way that doesn't distort
|
||
the good!
|
||
|
||
|
||
Sincerely
|
||
|
||
Robert McKenzie
|
||
Technical Advisor of pinetree.org
|
||
Sysop of: Chez Rob's Int'l Mail Exchange
|
||
Data: +1 613 230 5307
|
||
E-Mail: root@chezrob.pinetree.org
|
||
|
||
Gorden Dewis
|
||
Domain Coordinator of pinetree.org
|
||
Sysop of: Gorden's Basement BBS
|
||
Data: +1 613 526 5168
|
||
E-Mail: root@pinetree.org
|
||
|
||
------------------------------
|
||
|
||
Date: Wed, 20 JAN 93 17:09:54 GMT
|
||
From: CAROLINA@VAX.LSE.AC.UK
|
||
Subject: File 3--Legal Strategy on 2600 Nov. '92 Mall Harassment
|
||
|
||
To the Editors of Computer Underground Digest:
|
||
|
||
Attached, please find an article which relates to the November 1992
|
||
incident at the Washington 2600 meeting. I hope that you find it
|
||
useful.
|
||
|
||
Best regards,
|
||
|
||
/s/Rob
|
||
ROBERT A. CAROLINA
|
||
carolina@vax.lse.ac.uk
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15 York Terrace East, Flat 1B
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London NW1 4PT
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United Kingdom
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Tel: +44 71 935 2553
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+++++++++++++++++++++++++++++++++++++++++++++++++
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SCENES OF PASSIVE RESISTANCE AT A SHOPPING MALL
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by
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Robert A. Carolina, Esq.
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carolina@lse.ac.uk
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Sometimes lawyer, full-time student,
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and former rent-a-cop
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Copyright 1993 by Robert A. Carolina. All rights reserved. License
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is granted to distribute this document in its entirety for any purpose
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which is both non-commercial and non-profit, provided that this notice
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remains unaltered.
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+++++++
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The incident at the November 1992 Washington 2600 meeting, where
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attendees encountered mall guards allegedly spurred on by the Secret
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Service, has been the cause of quite a bit of discussion and argument.
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I thought it might be helpful to put together a small information kit
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and rent-a-cop survival package. The strategy outlined below is
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liable to be controversial since it advocates non-action, but I
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encourage you to consider it. You may be able to fight city hall and
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win, but fighting with people in uniforms (even on a verbal level) is
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almost always a disaster.
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First, recognize that guards, cops, and other "uniforms" get really
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nervous around organized groups. The more inexperienced the uniform,
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the more nervous they get. Second, when a uniformed person starts a
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confrontation with anyone, he or she is trained to assert control over
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the situation as quickly as possible. Any perceived challenge to his
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authority, including "mouthing off", will produce a harmonic
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disturbance at least double in intensity to the perceived
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non-acquiescence. Another way to say this is that uniforms are
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programmed to give worse than they get - it is considered proper
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procedure.
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When you combine nervous uniforms (like under-trained mall
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rent-a-cops) together with volatile personalities (like hackers
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sporting anti-social nick-names) the result is usually a rapidly
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escalating level of disharmony. (At the far extreme, disharmony like
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this can produce four cops beating the hell out of Rodney King because
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he "just wouldn't lie still on the ground". The point is not to
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criticize Mr. King, but to make sure that you don't end up in the
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hospital. Money awarded by a court is a poor substitute for missing
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teeth.)
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Third, recognize that a mall IS private property and the mall
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operators can throw you out for little or no reason. Fourth, mall
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cops are not government agents, and as such, their conduct is (mostly)
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not governed by the Constitution. So what does this all mean?
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Basically, Ghandi was right. The ticket to dealing with obstreperous
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uniformed mall cops is polite, passive resistance. The key here is
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POLITE. At all times, assure the mall cop that you will obey all
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lawful instructions. Do not give the uniforms any reason whatsoever
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to escalate the scene.
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NOTE: This is not the time to start an argument about freedom of
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speech. That argument belongs in thirty letters to the mall
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management and local media delivered the day after. This is also not
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the time to demonstrate your newly-acquired handcuffs to your friends.
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Remember that you don't want to give the cops any reason at all to
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escalate the scene.
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If you are confronted by a group of threatening looking mall cops and
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they hassle you, ask if you are being ejected from the mall. If yes,
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then wish the officers a nice day and head for the nearest exit. If
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no, then wish the officers a nice day and head for the nearest exit.
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(Do you see a pattern emerging? Remember, you do not generally have a
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"right" to stay in a mall. Thus, your best defense from ignorant mall
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cops is to get the hell off of their turf.)
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If the mall cop tries to detain you, ask if you are under arrest. If
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the answer is "no" (as it will be 98% of the time), then politely ask
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to leave and SLOWLY start to walk for the nearest exit. If you are
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physically blocked from leaving (no scuffles please), OR if they have
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the guts to claim that you are under arrest, then YOU ask for the
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police on the grounds that you wish to file a criminal complaint for
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wrongful imprisonment. The strategy here is to escalate by demanding
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the presence of lawful authority. Most rent-a-cops are thrown off
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their stride when a "bad guy" asks for the police. More importantly,
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if the real cops actually do show up, you are once again fully
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protected by the Constitution. For this reason, real cops tend to be
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a little more cautious in these encounters and can often defuse
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problems like this.
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If the mall cop asks to search your bag, take a tip from Nancy Reagan
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and Just Say "No". Half-measures like pulling out the contents
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yourself don't accomplish very much. If you want bonus points, advise
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the mall cops that you "will submit to a VALID request for search
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issued by a police officer" and ask them to call the cops. If the
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mall cops look like they might get physical, tell them that anything
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silly on their part will draw a complaint of criminal assault, and
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will force your father, the lawyer, to sue everyone in sight. The
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more calmly you can say this, the more impact it will have.
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By the way, if the real cops DO show up, this does not mean that you
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have to roll over and play dead. If they ask "may I look in your
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bag", again just say no. But if they state "Let me see the bag",
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first make it clear that you protest the action, and then let them
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take it from you. The trick here is to make sure that you have not
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"consented" to the search -- however, you must give in to a claim of
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authority from a police officer. (And no, you do not get to argue the
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Fourth Amendment search and seizure issue right there on the spot.
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Your lawyer will do that later at your criminal trial when he argues
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that the widget in your possession was improperly seized and should
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not be allowed into evidence.)
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One way the real cops might try to stay out of the situation is by
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refusing to search your bag. A really smart cop might say to the
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guard, "I will not make the search, but I won't stop you if you
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search." Stand your ground at this point. Tell the real cop that you
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REFUSE to allow the search unless the real cop orders the search to
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take place. Even if that happens, make clear that you object to the
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search.
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Finally, if despite your best efforts (or because of your best
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efforts) you are actually arrested by the real cops, DON'T PANIC.
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More importantly, SHUT UP AND REMAIN SILENT! And in this instance,
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"silent" means absolute quiet. Since the cops are probably engaged in
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some baseless exercise, this is not the time to exclaim, "I guess you
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want to know about that widget I stole last week." (Yes, that really
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has happened more than once.) The only words you should utter after
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being arrested are "I want to speak with a lawyer."
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OK, I hear you asking, what about Freedom of Assembly and Freedom of
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Speech? Isn't that guaranteed in the Constitution? Well, yes it is
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but there is a trick. The Bill of Rights protects you from action by
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the Government. Since the mall owners and guards are not the
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government, their actions are not normally subject to Constitutional
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constraints. That, by the way, is why the Krishnas get to bother you
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in airports (owned by government authorities) and they do not get to
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bother you in the grocery store (owned by private persons). And do
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not forget that even the government gets to set reasonable limits on
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Speech and Assembly (like requiring parade permits before 100 people
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meet in the middle of a street).
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The most disturbing thing about the Washington 2600 incident, is the
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alleged use of private individuals (mall rent-a-cops) to secretly
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further the goals of government agents. If it can be proved that
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government agents ordered this action, then Constitutional protections
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will apply. A side benefit of the strategy outlined above is that it
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forces the mall cops to bring the government (and thus Constitutional
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protection) clearly into the picture. The strategy may also be
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helpful, with a little modification, if you are dealing with real cops
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in the first instance. The important thing is to make clear that you
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OBJECT to a search. Everything else is basically sit & smile.
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Good luck.
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Disclaimer: The above strategy is based on general principles of US
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Constitutional law and my observations when I worked as a rent-a-cop
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about a hundred years ago. Use the strategy AT YOUR OWN RISK. This
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document is free, and worth every penny. If you want a real legal
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opinion, go out and pay for one.
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/s/Rob
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ROBERT A. CAROLINA
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Member, Illinois State Bar Association
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------------------------------
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Date: Thu, 21 Jan 93 12:07:46 EST
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From: morgan@ENGR.UKY.EDU(Wes Morgan)
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Subject: File 4--Re: "Explosive Data for Bombs" (CuD #5.05)
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>Subject--Explosive Data for Homemade Bombs
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>
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>Hartford Courant (Connecticut Newspaper)
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>
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> KEYBOARDING EXPLOSIVE DATA FOR HOMEMADE BOMBS
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> Bomb Recipes Just a Keystroke Away
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> By Tracy Gordon Fox, Courant Staff Writer
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I find it interesting that this article appears in the same CuD issue
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as a reasoned paper by a prosecutor. It's illustrative of the public
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'technophobia' when faced with computing. Until the public can be
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informed (as a whole), law enforcement will continue to act upon
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situation such as these, with nothing but public ignorance to blame.
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>Teenagers learning how to manufacture bombs through home or school
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>computers have contributed to the nearly 50% increase in the number of
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>homemade explosives discovered last year by state police, authorities
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>said.
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>
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>In addition to the misguided computer hackers,
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I wonder if a university professor would be "misguided" if his research
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included demolitions and explosives.........more hyperbole/hysteria
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from the media, I guess.....Hey, wait a minute! My specialty during
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my military service was demolitions; hey guys, I'm "misguided"!
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>Making bombs is not a new phenomenon, but the computer age has brought
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>the recipes for the explosives to the fingertips of anyone with a
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>little computer knowledge and a modem.
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Ha! I can call the UK library <a Federal Depository Library> and have
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the US Army Field Manual "Military Explosives" on my desk within 48
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hours. I can drive less than one mile to an Army Surplus store that
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sells copies of the Army's "Improvised Munitions Handbook". I can
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pick up a copy of "Dangerous Properties of Industrial Materials" from
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the Lexington Public Library and extract enough information to make
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bombs. Heck, the industry's standard laboratory safety guide says
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"don't mix X and Y; they'll explode".
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If I want to tell someone else, I can always drive to their house or
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call them on the telephone. Why don't we hear a hue and cry about
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these sources of information?
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>University of Connecticut police say they do not know if computers
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>were the source for a series of soda-bottle bombs that exploded
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>outside a dormitory last February.
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They don't know, but it was worth mentioning anyway? Why does the
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press bother to report these facts? More hysteria......
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>Police have dubbed these explosives "MacGyver bombs" because they were
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>apparently made popular in the television detective show, "MacGyver."
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>Two-liter soda bottles are stuffed with volatile chemicals that cause
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>pressure to build until the plastic bursts. The bombs explode either
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>from internal pressure or on impact.
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So, broadcast <and cable> television is also a distribution channel
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for these *nefarious* devices! Let's write a hysterical article about
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"Remote Controls Lead to Explosions"!
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>"There were a number of students involved in making the soda bottle
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>bombs. They knew what ingredients to mix," said Capt. Fred Silliman.
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>"They were throwing them out the dorm windows and they made a very
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>large boom, a loud explosion."
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Most high school chemistry students could do this independently;
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almost any university chemistry student should be able to do this in
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about 5 minutes.
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>Typically, they are loners, who are socially dysfunctional, excel in
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>mathematics and science, and are "over motivated in one area," he
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>said.
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Uh huh.....I'm getting rather tired of seeing the "socially
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dysfunctional" label applied to each and every person interested in
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computers.
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>"This shows the ability kids have," Goodrow said. Goodrow said he was
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>at first amazed when teenage suspects showed him the information they
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>could get by hooking on to computer bulletin boards.
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Had they taken him to the local library, would he have been amazed?
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If not, why should online resources be a source of amazement?
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I hope that the "legal eagles" particpating in CuD will take note of
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this article; we all have a long educational road ahead of us, if we
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want to eliminate/control ignorance such as this.
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------------------------------
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From: learn%igloo@DELTA.EECS.NWU.EDU
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Subject: File 5--Response to Prosecutor Citarella's Notes (CuD 5.06)
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Date: Mon Jan 25 22:08:52 1993
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In CuD 5.05, Ken Citarella wrote:
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>In my personal experience, prosecutorial discretion has worked
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>just as well in computer crimes as it has regarding other criminal
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>behavior. Some complaints result in a prosecution; some are
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>investigated and no charges filed; some are not even entertained.
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Perhaps Mr. Citarella should check out the activities of Bill Cook,
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former Assistant United States Attorney (ASUA) in Chicago as regards
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computer related cases involving Neidorf, Andrews, Rose, Riggs,
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Darden, Grant, and Zinn as well as the Atlanta based ASUA who
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prosecuted Riggs, Darden and Grant. In particular, I urge Mr.
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Citarella to read the prosecutor's presentencing memorandum in the
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Atlanta cases, considering that the information presented to the judge
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as pertinent fact was known to be wrought from lies. And there's Bill
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Cook's use of discretionary powers in the Steve Jackson Games case,
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presently in civil litigation. The fact that neither of the two
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prosecutors is working for the government any longer is viewed by some
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as the system correcting itself. That's not much consolation to the
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people who were persecuted by these two ASUAs. Neidorf had legal
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expenses in excess of $ 100,000 and lost a semester of university
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time. Riggs, Darden, and Grant, youngsters in every context, served
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time in prison. Zinn, aged 16 at the time of his "crimes" was of age
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by the time he went to trial and served time in an adult prison for
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rubbing AT&T's nose in it.
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Further, I feel certain that the ACLU files are rife with cases where
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prosecutorial discretion in "other criminal" cases is less than
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exemplary. For example, my copy of "Proving Federal Crimes" uses
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hundreds of case examples in the chapter titled "Prosecutorial
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Misconduct and Vindictiveness." Not a small problem, obviously. Human
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passions flare in the face of injustice, and flared passions don't
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leave sentient discretionary skills intact in those involved. Also
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note that in the past two years, much play has been given on primetime
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television to prosecutorial misconduct. This means that the media woke
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up to the concept as a social problem worthy of play.
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And finally I cite the Rule of Law as standing in opposition to Mr.
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Citarella's contentions. It is mandate, in our justice system, that
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all the rules be established beforehand. It is important that all
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persons can determine, ahead of time, what coercive measures will be
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taken by the state in response to actions which are in violation of
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the written laws of the land When left simply to prosecutorial
|
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discretion, this extremely important principle is thwarted and
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replaced by personal power. To be bound by rules created by a man is
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the first definition of slavery.
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While I believe Mr. Citarella's intentions to be good, and suppose he
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wishes to improve the responsiveness and costs associated with the
|
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criminal justice system, I urge him to read the history of another
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well meaning individual named Zapata.
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Benevolent dictatorships aren't all they're cracked up to be. In the
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end, when the Constitution and the laws are filtered through the
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discretion of a prosecutor's personal judgement, one begins more and
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more to live in a state where collective prosecutorial religion
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reigns. After all, the state's primary business is the shaping of
|
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behavior. Prosecutorial discretion is a form of tyranny which has
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slowly been coming of age in this country.
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------------------------------
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End of Computer Underground Digest #5.07
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************************************
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