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- From: escheire@sunlab.cit.cornell.edu (Eric Scheirer)
- Subject: Cornell Virus Case Results
- Message-ID: <9209090235.AA07197@aster.cit.cornell.edu>
- Originator: daemon@eff.org
- Sender: escheire@sunlab.cit.cornell.edu
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- Organization: EFF mail-news gateway
- Date: Tue, 8 Sep 1992 18:35:30 GMT
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- Lines: 134
-
-
- Retyped without permission from the Cornell Daily Sun of 8 Sept 1992.
- Typographical errors are my fault.
-
- ----
- FORMER C.U. STUDENTS PLEAD GUILTY
- Virus Defendants Avoid Prison With Plea Bargain Agreement
- by Rhonda Stewart
-
- Last Friday in Tompkins County Court, three former Cornell students,
- David S. Blumenthal '94, Mark A. Pilgrim '94 and Randall A.
- Swanson'94, pleaded guilty to releasing the "MBDF-A" computer virus.
-
- In separate plea bargain agreements, all felony charges, fines and
- possibiliies for jail sentences were eliminated.
-
- The former students had faced 40 charges, including 16 felony counts,
- for releasing a computer virus from a campus computer laboratory last
- semester.
-
- Since they have no prior records, DA George M. Dentes J.D. '76 [ie,
- his JD was from Cornell in 1976] accepted guilty pleas instead of seeking
- felony convictions in a common plea bargain agreement.
-
- In lieu of administering fines or time in prison, Judge Betty D.
- Friedlander ordered each defendant to pay restitution in the amount of
- $2476 to three victims, including the University. Blumenthal and
- Pilgrim were also ordered to forfeit their personal computer equipment,
- which was used to create the virus.
-
- In addition, Friedlander reserved the right to impose probation and
- community service as alternatives to incarceration when she sentences
- the three defendants on Oct 5.
-
- The defendants are not currently registered with the University this
- semester, according to Cornell officials. The officials would not say,
- however, if the the three have been expelled from the University.
-
- Pligrim and Swanson would not say Friday if they had been expelled or
- if they chose to leave voluntarily. Blumenthal said he does not plan
- to return to the University. He said he will continue his studies at
- another institution and "wants to get on with his life".
-
- The virus was developed by Blumenthal and Pilgrim, who were employees
- at Cornell Information Technologies (CIT), and on Feb. 14, they sent
- computer games containing the virus from Upson Lab via the VAX5 network
- [a common Cornell link to the Internet] to Stanford public archives.
- Although the virus spread worldwide, reaching as far as Japan, it
- caused no serious permanent damage for users.
-
- Dentes called Swanson "a lesser player in the offense," because he
- only assisted in launching the virus.
-
- Blumenthal and Pilgrim pleaded guilty Friday to computer tampering in
- the second degree, a misdemeanor, while Swanson pleaded guilty to
- disorderly conduct, a violation.
-
- "This kind of thing is likely to recur considering the technological
- age we live in and the tendency of students to be creative", Dentes
- said.
-
- In February, Blumenthal was charged with nine misdemeanors and eight
- felonies. The most serious was a Class D felony, punishable by seven
- years in state prison and a fine up to $5000.
-
- Pilgrim and Swanson were each charged with nine misdemeanors and four
- felonies. The most serious was a Class E felony, punishable by four
- years in prison and a fine up to $2500.
-
- Raymond M. Schlather, attorney for Blumenthal, called the case, "a
- time consuming and expensive learning process for all of us."
-
- Of the three attorneys working on the case, Schlather was the most
- vocal in expressing his views on the state statute under which the
- defendants were charged. The two other attorney, Paul D. Bennett and
- Robert J. Holdsworth, Jr J.D. '81 declined to comment on the case.
-
- In court on Friday, Schlather argued that the statue was too vague and
- did not cover his client's individual actions.
-
- Dentes said the case opened up certain complicated legal programs.
-
- "In order to be considered a felony, damage must exceed $1000. For
- example, does this mean market value or the cost to rectify the
- situation?" Dentes asked. "There's some uncertainty as to what the
- statue means in terms of the creators mental state, whether there
- need to be malicious intent or not," he added.
-
- "There is a proposal before the legislature to change the law. In
- light of my experience with this case I will suggest further changes,"
- Dentes said.
-
- [Cornell University] President Frank H. T. Rhodes issued a statement
- last Friday condemning this and any future computer tampering.
-
- "We took these case very seriously. The University will continue to
- inform all members of the campus community of the seriousness of
- coputer tampering. These proceedings will send a message to all
- concerned," Rhodes said in a prepared statement.
-
- After the plea hearing last Friday, Blumental expressed his opinion
- on University's computer policy, calling the virus "an experiment."
-
- "I was very upset and dismayed when I realized it was causing damage.
- Cornell's attitudes and policies are the exact opposite of what should
- be done to prevent tampering. They rule their computers with an iron
- fist. That's dictatorship," he said.
-
- When asked if he will continue to work with computers in the future,
- Blumenthal replied, "Of course."
-
- M. Stuart Lynn, vice president of information technologies, said
- Saturday that the University's policies were appropriate.
-
- "Justice is being served. The University has completed what it
- intends to do," Lynn said. "The fact that they pleaded guilty shows
- the seriousness of what they did. If Mr. Blumenthal thinks it's okay
- to unleash a virus on the world's computers, then he really doesn't
- understand what he did. He hasn't gotten the message."
-
- This was the second compuer virus released by Cornell students in the
- last six years.
-
- In 1986, Robert T. Morris, Jr. launched a virus [the "Internet worm"]
- that spread nationwide and affected computers at NASA.
-
- Morris was indicted under a felony section of the 1986 Computer Fraud
- and Abuse Act.
-
-
- ----
- Eric Scheirer -- Cornell U. -- (607) 277-1899 -- HORJ@vax5.cit.cornell.edu
-
- "Small change can often be found under sofa cushions" -- Lazarus Long
-