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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!ukma!cs.widener.edu!eff!fig
- From: fig@eff.org (Cliff Figallo)
- Subject: 2nd Day Steve Jackson Games trial
- Message-ID: <1993Jan28.171204.3777@eff.org>
- Summary: Shari Steele report on 2nd day of SJG trial
- Originator: fig@eff.org
- Keywords: EFF Civil liberties
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: The Electronic Frontier Foundation
- Date: Thu, 28 Jan 1993 17:12:04 GMT
- Lines: 139
-
-
- EFF staff counsel Shari Steele reporting from Austin:
-
-
- Hi everyone.
- Well, day two of the Steve Jackson Games trial was a long one -- the judge
- heard plaintiffs' case from 8:30 a.m. until 6:30 p.m. By the end of the
- day, the plaintiffs had finished.
-
- The day started off with Steve Jackson back on the stand. Steve talked
- about how all copies of the slated-to-be-released-soon fantasy game GURPS
- Cyberpunk had been seized. He went to the Secret Service office in Austin
- the next day with a box of formatted floppies to copy all of the seized
- disks, accompanied by a local attorney. When he arrived, Agent Foley set
- the ground rules. Steve would only be permitted to copy files from the one
- computer that had been sitting on Loyd Blankenship's desk (which did not
- contain the BBS). He was not permitted to physically touch the computer.
- He was to state which files he wanted to copy, and Secret Service agents
- would read the text of the files first and then determine if he could have
- a copy. Sitting down next to an agent at the computer, Steve asked for a
- directory listing to determine which files to request. The agent did not
- know how to call up a directory list. (For those of you unfamiliar with
- DOS, this is VERY BASIC stuff.) Steve further testified that agents
- reading the files made derogatory comments. (At one point, reading a file
- from GURPS Cyberpunk that Steve had requested to copy, Agent Foley asked if
- Steve realized he was writing a handbook for computer crime.) After less
- than two hours, and with only nine files out of several hundred copied,
- Agent Foley called an end to the copying. One week later, Steve laid off
- eight out of his 18 employees. As Steve described, this whole incident has
- "made me grouchier, angrier and harder to get along with." The Secret
- Service never told him why they were investigating him. If they had asked,
- he would have given them access to the materials they wanted.
-
- Cross examination on Steve revealed that SJG had had two bad years
- financially before the Secret Service raid -- in fact, Steve admitted about
- looking into chapter 11 bankruptcy at the end of 1989. In addition, there
- was evidence that GURPS Cyberpunk was not going to make deadline days
- before the raid took place. The defense then tried to imply that the
- company, which made profits in 1991 and 1992, may have been *helped* by the
- publicity of the raid. The judge did not seem to buy it.
-
- The three other plaintiffs were each called in turn. They each testified
- about personal e-mail that had been deleted from the system and how they
- had expected their communications to be as private as telephone calls.
- They described fearing the Secret Service would investigate them
- personally, since there was no comforting explanation for why the raid took
- place. One plaintiff told how he never could solicit feedback on a
- manuscript he had written for SJG, since feedback was generally given on
- the seized BBS.
-
- The next witness called was Wayne Bell, the programmer who developed the
- WWIV software that ran the BBS. Wayne testified that he looked at the
- backup disk Steve had made when the files were returned from the Secret
- Service. According to that file, all electronic mail had been deleted from
- the system. Some of it, at least, had been deleted on March 20, 1993
- (almost 3 weeks after the Secret Service had seized the computer), since
- that was the last day the mail file had been accessed. The mail file
- itself had not been deleted, and some fragments of files could be recovered
- using Norton's utilities. These facts indicated that the mail had been
- deleted one message at a time after it had been displayed on a user's
- screen, implying that the Secret Service had read all of the mail on the
- system. This testimony was very technical, and I'm not sure the judge
- really understood what was going on.
-
- Our old friend Henry Kluepel, Director of Network Security Technology at
- Belcore, was next to take the stand. He advanced a new theory. The
- application for the search warrant contained facts supplied in large part
- by Hank. Yet the facts of the case indicated that the BBS running out of
- Loyd Blankenship's home, called the Phoenix Project, was the one that
- contained the evil 911 document, not the Illuminati BBS running out of SJG.
- Hank testified that after February 7, he couldn't figure out where the
- Phoenix Project resided -- there was no answer at its old number. Since
- Loyd Blankenship also had sysop privileges at the Illuminati BBS, and both
- BBSs ran on the same software (WWIV), Hank concluded that it was possible
- that Illuminati was actually the Phoenix Project, or that the Phoenix
- Project BBS was hidden behind a door on Illuminati. Hank testified that it
- was quite common to hide BBSs within other BBSs. (?) Anyway, during cross,
- Pete Kennedy asked how many users the two BBSs had in common according to
- the user lists Hank had printed out from both boards. Loyd was the only
- mutual user! Hank also went into a lengthy (and boring) description of an
- evil password decryption scheme Erik Bloodaxe and Loyd were plotting on the
- Phoenix Project. (BTW, Hank's handle during his investigation was
- rot.doc.)
-
- Next up was William Cooke, retired US Attorney out of Chicago. Cooke's
- testimony was the most helpful of the day. He put together the warrant,
- and claimed the evil E-911 document was worth the same $79,000 that was
- shot down in Craig Neidorf's trial. So Cooke got to go through a bit of
- the expenditure breakdown, until the judge put an end to it and warned Pete
- Kennedy to move on. Cooke testified that he did not know SJG was a
- publisher and had made no efforts to determine what type of a business it
- was. He did not advise the Secret Service of the Privacy Protection Act,
- which protects publishers from having their works-in-progress seized. He
- didn't advise the SS that there was e-mail involved. And he never advised
- the SS of the wiretap statute. He next said two things that I found
- extremely interesting. First, he told of the Computer Emergency Response
- Team (C.E.R.T.), an arm of the defense department that is "responsible for
- policing the Internet." Gulp! (They apparently were the group that
- visited Craig in Missouri.) The other interesting thing to me was, when
- Pete Kennedy said, "Isn't it true that no charges have been brought against
- Loyd Blankenship?", Cooke replied, "There is still an ongoing
- investigation. No charges have yet been filed." They don't usually admit
- that stuff! One victorious moment worth mentioning: Cooke said that if
- the Secret Service had been told that SJG was a publishing company, they
- should have ceased doing the search. Yesterday we saw part of a homemade
- video courtesy of the SS themselves that clearly had an SJG employee
- telling an SS agent that they were a publishing company. Cooke also
- interpretted ECPA (Electronic Communications Privacy Act) as not applying
- here, since these were stored communications, not in transit. The judge
- made a big deal of asking him if this conclusion of unread e-mail not being
- in transit was his own interpretation of the statute, or if he was getting
- it from somewhere. Cooke admitted it was his own interpretation.
-
- The final person to testify was an accountant who explained why SJG is
- seeking over $2 million in damages and Steve Jackson is seeking over
- $150,000 in lost royalties.
-
- Tomorrow . . . the government begins its case.
- Shari
-
-
-
-
-
- <<*>><<*>><<*>><<*>><<*>><<*>><<*>><<*>>
- Cliff Figallo fig@eff.org
- Online Communicator (617)864-0665 (voice)
- Electronic Frontier Foundation, Cambridge (617)864-0866 (fax)
-
-
-
-
-
-
- --
- <<*>><<*>><<*>><<*>><<*>><<*>>
- Cliff Figallo fig@eff.org
- Electronic Frontier Foundation (617)864-0665 (voice)
- Online Communications (617)864-0866 (fax)
-