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-
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- >C O M P U T E R U N D E R G R O U N D<
- >D I G E S T<
- *** Volume 1, Issue #1.13 (June 12, 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer
- REPLY TO: TK0JUT2@NIU.bitnet
-
- COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
- information among computerists and to the presentation and debate of
- diverse views.
- --------------------------------------------------------------------
- DISCLAIMER: The views represented herein do not necessarily represent the
- views of the moderators. Contributors assume all responsibility
- for assuring that articles submitted do not violate copyright
- protections.
- --------------------------------------------------------------------
-
-
- In This Issue:
-
- File 1: Moderators' Editorial: The Chilling Effect Hits Home
- File 2: A Hacker's Perspective (by Johnny Yonderboy)
- File 3: Len Rose Information and Commentary
- File 4: Response to Telecom Digest's Views (by Emmanuel Goldstein)
- File 5: Reprinted Editorial on Steve Jackson Games
- --------------------------------------------------------------------
-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.11 / File 1 of 5 ***
- ***************************************************************
-
- *** THE CHILLING EFFECT HITS CuD ***
-
- Craig Niedorf was arraigned for a second time on June 12. CuD 1.14 will
- have a detailed article on the arraignment on Friday, but our preliminary
- analysis of Tuesday's events suggests that the witch hunt continues in full
- force. Several of the charges were dropped, but new ones were added based
- on articles Craig allegedly wrote. It appears that the definition of
- "forbidden information" grows wider as the Secret Service and zealous
- federal prosecutors show their commitment to law and order by trampling the
- First Amendment. If Craig is convicted, the implications are serious. All
- persons who currently, or have in the past, written, distributed, or
- received "forbidden knowledge"--knowledge which is defined as illegal only
- after the fact--may be vulnerable to prosecution. More serious is the
- possibility that those who agents feel may possess such information may
- have their equipment confiscated in the sweep for evidence.
-
- We have found that in attempting to acquire information about the current
- indictments, much of the information is "closed," whether officially or
- because of the attempt to control information flow by prosecutors. For
- example, in the federal district court in Chicago, staff either cannot or
- will not release *any* information, and all queries are referred to Bill
- Cook. If Mr. Cook is not available or choses not to return calls,
- obtaining accurate information becomes nearly impossible.
-
- In fifteenth century England, the Star Chamber was a powerful tribunal
- feared for its often capricious way of dispensing justice, often in
- secrecy, and for the political overtones it acquired in suppressing
- "enemies of the state." The current handling of federal investigation into
- the CU in many ways resembles the dread Star Chamber. Information is
- tightly guarded, secrecy is maintained, it seems to function as much as a
- device to inspire fear (judging from comments by agents) as to dispense
- justice, because those whose equipment has been confiscated without a
- subsequent indictment or without reasonable opportunity for successful
- appeal have no open trial, and the charges, while seemingly precise on
- paper, do not seem to match the facts as presented by the tribunal. In
- short, in Operation Sun Devil, the judicial system seems to have broken
- down.
-
- In 1985, then-U.S. Attorney General Edwin Meese was asked the following by
- an interviewer:
-
- "You criticize the Miranda Ruling, which gives suspects the right to
- have a lawyer present before police questioning. Shouldn't people, who
- may be innocent, have such protection?
-
- Meese replied:
-
- Suspects who are innocent of a crime should. But the thing is, you
- don't have many suspects who are innocent of a crime. That's
- contradictory. If a person is innocent of a crime, then he is not a
- suspect.
-
- The power to name the world provides a non-coercive, yet effective, means
- of imposing preferred doctrines and corresponding behaviors on others.
- Hyper-active law enforcement agents seem to have learned from Meese and are
- first defining--after the fact--"crimes" of information acquisition,
- control, and dissemination as "illegal," and innocence or guilt do not seem
- to matter. Granted, courts may ultimately vindicate one who has been
- indicted, but not after considerable financial and emotional hardship.
- Those who merely possess evidence may not be indicted, but may nonetheless
- suffer, as have Steve Jackson and others, the loss of equipment vital to
- their work.
-
- There is also a chilling effect that occurs with a system of justice in
- which "crimes" are so loosely defined. Should sysops and others
- self-censor themselves out of fear of possible government reprisals? We at
- CuD provide CU archives for several reasons. First, as a teaching aid, it
- provides information for students wishing to write term papers on the CU.
- Without this information, they could not learn. CU documents also provide
- helpful handouts for lectures, speeches, and other public presentations.
- The chilling effect of suppression of first amendment rights and not
- knowing in advance what is considered lawful and what is not--even when
- nothing appears illegal on its surface--stifles academic freedom.
-
- Second, we offer the archives for research purposes. As professional
- scholars, we find that to limit access to what is the *only* source of
- material of this kind inhibits inquiry in a way way that is simply
- unacceptable in a democratic society. Much of our own information has come
- from the variety of publications put out by various CU groups. To
- criminalize publishing this material or making it available to other
- like-minded scholars subverts the very principles of scholarship. If we
- cite the infamous E911 file, innocuous as it may be, we, as scholars, are
- required to have read it and to either produce it or indicate a source
- where it can be found. That is the nature of science. We find the current
- witch hunt mentality to have a serious repercussions for social science.
- Should we adopt the "CYA" syndrome and change research directions? Or
- should we pursue our inquiry and risk possible repercussions?
-
- Finally, we make archives available for the layperson who simply wishes to
- more fully understand what the fuss is about. An informed public is an
- enlightened public, but it seems that the government has decided for us
- what the public can and cannot learn.
-
- We have both directly and indirectly invited members of law enforcement to
- respond, to participate in dialogue, to give us a reasoned response to the
- current "crackdown." None have. We have no wish to attack those who, in
- good faith, may believe they are protecting society. But, neither do we
- desire to become victims of the current purge.
-
- Within the past two weeks, there seems to be a backlash--not by
- hackers--but by established business persons, computer hobbyists,
- academics, politicians, and others, who recognize the danger of the current
- sweeps to civil liberties. We hope that others will also understand that,
- when freedom of speech and freedom to share information is threatened, a
- serious threat does indeed exist. THIS THREAT DOES NOT COME FROM THE CU!
-
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- END C-u-D, #1.13 +
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