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- This textfile was leeched from LSD's Grapevine Magazine Issue #12
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- of the article or LSD. If this save article function is abused it will
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- CYBERPUNKS AND THE CONSTITUTION contraband of the information age.
-
- The authorities intended to send a
- Typed by Laceration sharp message to would-be digital
- desperadoes that computer crime does
- not pay. But in their zeal, they sent
- The fast-changing technologies of the a very different message-one that
- late 20th century pose a challenge to chilled civil libertarians. By
- American laws and principles of ages attempting to crack down on telephone
- past. fraud, they shut down dozens of
- computer bulletin boards that may be
- as fully protected by the U.S.
- Armed with guns and search warrants, Constitution as the words on this
- 150 Secret Service agents staged page.
- surprise raids in 14 American cities
- one morning last May, seizing 42 Do electronic bulletin boards that may
- computers and tens of thousands of list stolen access codes enjoy
- floppy disks. Their target: a loose- protection under the First Amendment?
- knit group of youthful computer That was one of the thorny questions
- enthusiasts suspected of trafficking raised last week at an unusual
- in stolen credit-card numbers, gathering of computer hackers,
- telephone access codes and other law-enforcement officials and legal
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- scholars sponsored by Computer universe occupied by audio and video
- Professionals for Social signals travelling across state and
- Responsibility. For four days in national borders at nearly the speed
- California's Silicon Valley, 400 of light? Or as Harvard law professor
- experts struggled to sort out the Laurence Tribe aptly summarized, "When
- implications of applying late-18th the lines along which our Constitution
- century laws and legal principles to is drawn warp or vanish, what happens
- the fast-changing technologies of the to the Constitution itself?"
- late 20th century.
- Tribe suggested that the Supreme
- While the gathering was short on Court may be incapable of keeping up
- answers, it was long on tantalizing with the pace of technological change.
- questions. How can privacy be ensured He proposed what many will consider a
- when computers record every phone radical solution: a 27th Amendment
- call, cash withdrawal and credit-card that would make the information-
- transaction? What "property rights" related freedoms guaranteed in the
- can be protected in digital electronic Bill of Rights fully applicable "no
- systems that can create copies that matter what the technological method
- are indistinguishable from the real or medium" by which that information
- thing.? is generated, stored or transmitted.
-
- What is a "place" in cyberspace, the While such a proposal is unlikely to
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- pass into law, the fact that one of venture with Equifax, one of the
- the country's leading constitutional country's largest credit-rating
- scholars put it forward may persuade bureaus, to sell a personal-computer
- the judiciary to focus on the issues product that would contain information
- it raises. In recent months several on the shopping habits of 120 million
- conflicts involving computer U.S. households, it received 30,000
- related privacy and free speech have calls and letters from individuals
- surfaced: asking that their names be removed
- from the data base. The project was
- * When subscribers to Prodigy, a quietly cancelled in January.
- 700,000 member information system
- owned by Sears and IBM, began posting * When regional telephone companies
- messages protesting a rate hike, began offering Caller ID, a device
- Prodigy officials banned discussion of that displays the phone numbers -
- the topic in public forums on the including unlisted ones - of incoming
- system. After protesters began calls, many people viewed it as an
- sending private mall messages to other invasion of privacy. Several states
- members- and to advertisers - they have since passed laws requiring phone
- were summarily kicked off the network. companies to offer callers a
- "blocking" option so that they can
- * When Lotus Development Corp. of choose whether or not to disclose
- Cambridge, Mass., announced a joint their numbers. Pennsylvania has
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- banned the service. But the hacker is not clear, however, that the
- dragnets generated the most heat. Ten cyberpunks rounded up in dragnets like
- months after the Secret Service shut last May's are the ones committing the
- down the bulletin boards, the worst offences. Those arrested were
- Government still has not produced any mostly teenagers more intent on
- indictments. showing off their computer skills than
- padding their bank accounts. One 14-
- And several similar cases that have year-old from New York City, for
- come before courts have been badly instance, apparently specialized in
- flawed. One Austin-based game taking over the operations of remote
- publisher whose bulletin-board system computer systems and turning them into
- was seized last March is expected soon bulletin boards - for his friends to
- to sue the government for violating play on.
- his civil liberties.
- Among his targets, say police, was a
- There is certainly plenty of computer Pentagon computer belonging to the
- crime around. The Secret Service Secretary of the Air Force. "I regard
- claims that U.S. phone companies are unauthorized entry into computer
- losing $1.2 billion a year and credit- systems as wrong and serving of
- card providers another $1 billion, punishment," says Mitch Kapor, the
- largely through fraudulent use of former president of Lotus.
- stolen passwords and access codes. It
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- And yet Kapor has emerged as a leasing
- watchdog for freedom in the
- information age. He views the tiny
- bulletin-board systems as the
- forerunners of a public computer
- network that will eventually connect
- households across the country. Kapor
- is worried that legal precedents set
- today may haunt all Americans in the
- 21st century.
-
- Thus he is providing funds to fight
- for civil liberties in cyberspace the
- best way he knows how - one case at a
- time.
-
-
- Written By Philip Elmer-Dewitt, taken
- from "Time" magazine.
-
- end.
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