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- Date: 16 Jan 93 24:01:51 PST
- From: Edward Cavazos <polekat@well.sf.ca.us>
- Subject: File 5--Transcript of Secret Service Press Conference in Lubbock
-
- ((MODERATORS' NOTE: In December, the U.S. Secret Service raided a dorm
- room at Texas Tech U. in Lubbock Texas (see CuD #4.67, file 2 for the
- story). We thank all those involved for making available the following
- transcript of the incident)).
-
-
- For those of you who may be interested in following this case, I have
- received a transcription of the press conference held by the Secret
- Service after the bus in Lubbock.
-
- This is a case (one of the first to my knowledge) of the new federal
- felony copyright legislation being used to shut down a BBS. Trust me:
- the facts are nowhere near the way they are represented in this press
- conference..but that shouldn't surprise us, should it?
-
- <thanks to Tom Adams for sending me this transcript, and granting
- republication permission for his work>
-
- ++++++++++++++
-
- This is a transcript of a press conference held on December
- 15th at Secret Service offices in Lubbock, Texas. It was held by Agent
- David Freriks and is regarding the actions of the Secret Service at
- Texas Tech University on December 14 1992. The press conference was
- transcribed and attended by Tom Adams (AKA K}, SysOp of Kaptain's
- Korner BBS 806-762-5536, WWIVnet 1@8607) Publisher of CONNECT LUBBOCK
- BBS Newsletter.
-
- +++++++++++++++++
-
- FRERIKS: Ok...yesterday December 14th, 1992, in cooperation with and
- working with the Texas Tech University police department and Academic
- Computing Services, the Secret Service and the University Police
- executed two search warrants for computer fraud and pirated bulletin
- board computers. One was on campus and one was off. This person off
- campus was a former student who had been, in the past, interviewed and
- disciplinary handled by the University for doing the same thing. No
- charges have been filed There will be a Federal Grand Jury in January,
- we are anticipating this case will be presented to them at that time.
- The former student was expelled from the University for misusing the
- VAX system on campus. The case essentially was misuse of those VAX
- accounts or the Academic Computing Services accounts. The students are
- advised when they open these accounts what the rules and regulations
- are and Margaret Simon (director of Texas Tech's news and publications
- department) will cite those here in a minute. We will go ahead and
- show you the stuff, at least one of them, and they are all three
- essentially the same. We have not set all three of them up, we've got
- one up and running so you guys can get an idea of what we're looking
- at. The one on campus was what we consider a pirate bulletin board,
- and a fairly sophisticated one. The one off campus was primarily, as
- were all of them, dealing in proprietary and copyrighted software,
- games, programs. Prior to this case this time, the former student
- admitted to at least $6000 worth of stuff that he got himself and
- that's probably not even close to the dollar amount that we are
- looking at now. We're just now beginning to amass the dollar amount.
- We're anticipating a substantial loss to the manufacturer. Questions?
-
- REPORTER: Exactly what does it mean.. a pirate bulletin board? I'm not
- familiar with that.
-
- FRERIKS: Well a pirate bulletin board is an electronic bulletin board
- that passes software, electronic games, computer games and programs,
- and pass them back and forth without consent of the manufacturer and
- sometimes they charge sometimes they don't normally there is no charge
- it's just you give me something I'll give you something, back and
- forth and the people end up with some tremendous computer programs out
- there without paying for them.
-
- REPORTER: So they're getting copies of these copyrighted disks
-
- FRERIKS: Right.
-
- REPORTER: For a substantial smaller price for the normally pay.
-
- FRERIKS: Or no price at all, just to swap for another equally as good
- program that someone else may have bought. The problems is they put
- them up on these electronic bulletin boards and anybody that can get
- into the bulletin board can get them back so you may have you know a
- thousand people getting this particular type program without paying
- for it.
-
- REPORTER: Can you explain to us how the investigation got started?
-
- REPORTER2: Yeah, how did you guys get alerted..
-
- FRERIKS: Ok, the initial investigation began back in May when the,
- what they call CERT, C-E-R-T, it's the Computer Emergency Response
- Team from Carnegie Mellon Institute in Pittsburgh. That is a industry
- sponsored group of computer experts that monitor numerous computer
- systems, Internet and other things throughout the country. They
- noticed some very highly unusual activity on Internet which is one of
- the computer systems you can access through VAX. Internet, they called
- the University among others several universities. They called Tech,
- and Academic Computing Services started checking and find out this guy
- was filling up disks, just this one operator was filling up a disk
- which is ..(asking another agent) oh how big would one of those disks
- be about a million? I don't know?
-
- OTHER AGENT: They're gigabytes.
-
- FRERIKS: Gigabyte disks were full, and the other students on campus
- couldn't do their own research that the VAX, the system was intended
- to be used for. And so they started checking into who was doing it and
- who's account code was being used and it just worked down from there
- and this former student was using one of the ..(asking Margaret Simon)
- what kind of association did you say it was or organization, campus
- organization, I mean just a campus organization?
-
- SIMON: Campus organization
-
- FRERIKS: They were using one of the campus organization's and I won't
- tell you which one , one of their sub accounts off one of there VAX
- account.
-
- REPORTER: Margaret a question to you, what do you guys, do you have
- any disciplinary action for these students?
-
- SIMON: Well the Texas Tech University has a policy that all of our
- computers are periodically and unannounced audited for security and
- any time there's a violation of the security of Texas Tech's computers
- then if a student is involved he's subject to University disciplinary
- action, but also he's subject to our turning over and referring any
- evidence for the case to a enforcement or an investigative agency
- outside of the University such as we have done in this case so we will
- proceed with disciplinary action in line with any law enforcement
- action outside the University that
-
- REPORTER: So what's it look like for them?
-
- SIMON: I can't say at this time.
-
- REPORTER: But they could face up to expulsion from the University?
-
- SIMON: Any students involved could face expulsion from the University
- yes.
-
- REPORTER: That is I guess the worst scenario then, expulsion.
-
-
- SIMON: Permanent expulsion, expulsion for certain period of years and
- that would be determined by the University Disciplinary Committee.
-
- REPORTER: And when will they be deciding on this, will they wait until
-
- SIMON: It is my understanding since students are..since the university
- goes on holiday next week and students are finished with this semester
- this week the Disciplinary Committee would not meet again until the
- middle of January in the spring semester.
-
- FRERIKS: Why don't you cite the pamphlet.
-
- SIMON: Yea I wanted to note...
-
- FRERIKS: Cause each one of these kids had this pamphlet with them
- yesterday.
-
- SIMON: Every student who takes a computer course at Texas Tech or uses
- the computers in the library or in any way has access to University
- computing facilities or property is given this policy statement, "Laws
- Polices and Computer use." Every instructor of computer science at
- Texas tech discusses this booklet with his students so that the
- students of Texas Tech University know that it is a violation of
- University policy, of state and federal law to pirate copyrighted
- software and they also know that they are responsible for anything
- that goes on in there individual computer account, and they read this
- book and in most classes they sign a document saying that they have
- read this book and understand it so we are attempting to educate
- students to what Federal and state law is and certainly to what
- University policy is concerning computer fraud
-
- REPORTER: Do like entering freshmen, I mean do you have to take a
- computer course in order to get one of these pamphlets or ...let's say
- I'm a entering freshman, and I have a computer I bring it into my dorm
- room I'm not gonna get this pamphlet?
-
- FRERIKS: You will if you want a VAX account.
-
- REPORTER: Oh I see.
-
- SIMON: In the vax accounts which are assigned though the APLC, the
- learning center in the library. If you went in and signed up for an
- account you would be given this booklet.
-
- REPORTER: What is the benefit for this VAX account, I'm not familiar
- with that.
-
- SIMON: If you wanted access to the University's mainframe computer. If
- you only used your computer in your room to do term papers and to
- print them out then you wouldn't be on the VAX system using University
- computing property in order to pirate software or to get on to a
- network.
-
- REPORTER: So legally they can patch into the University system through
- VAX?
-
- SIMON: Through opening an account.
-
- REPORTER: OK
-
- SIMON: And each of you can get a copy of this by the way or if you
- don't have time to stop by the office i'll fax you a copy.
-
- REPORTER: So basically these kids had an account, were using the
- mainframe to pirate other software through an electronic bulletin
- board?
-
- SIMON: Yes
-
- FRERIKS: Um hm. This is a major nation wide, world wide problem from
- an industry point of view with tremendous losses in funds tremendous
- losses of money. the VAX account at the University is a way to get
- into numerous other research accounts or Internet which is the ...you
- get onto Internet you can talk to anybody else who is on Internet
- anywhere in the world which these kids were talking to Belgium, and
- israel and Australia and they can do that just by this, thus avoiding
- long distance phone calls. But most of the people on Internet I mean
- on the VAX are there legitimately for research purposes they can go to
- Mayo and get a file if they're a med student and they also get one of
- these pamphlets if they get, like the Department of Engineering gives
- out an account number just for that semester,the professor would give
- it out so you can use the VAX well they also get one of those
- pamphlets that explains what the rules are and the instructor spends a
- good bit of time the first couple of classes going over computer
- etiquette, computer rules.
-
- REPORTER: Is this trail going to lead to any other schools out here in
- Texas?
-
- FRERIKS: Well there's several others that they were talking to but we
- don't have any comment, nationwide, we don't have any comment on say
- A&M.
-
- REPORTER: Would this be where the headquarters would have been of the
- operation?
-
- FRERIKS: No, no.
-
- REPORTER: Just merely one of the outlying areas?
-
- FRERIKS: This is just one of the fingers, the ends of one of the
- fingers out here.
-
- REPORTER: How long did your investigation been going on until this
- occurred yesterday?
-
- FRERIKS: Well as we started in May for us it essentially ended in July
- when the kid when we interviewed him the first time. University police
- processed him he was expelled from school and we thought that ya know
- give the kid a break.
-
- REPORTER: Can you comment where the main operation is?
-
- FRERIKS: No, no. There's so many of them. It's not like there's one He
- could be a mastermind, you could be a mastermind, he could electronic
- bulletin board, you're with the electronic bulletin boards here in
- town?
-
- ME: I'm with CONNECT LUBBOCK, I write a monthly newsletter...I'm just
- here to get information..
-
- FRERIKS: If you really have any details on what a bulletin board is
- he'd be the guy who really could explain it to you.
-
- REPORTER: How many people were arrested?
-
- FRERIKS: Nobody was arrested.
-
- REPORTER: Nobody.
-
- FRERIKS: There were three individuals interviewed but we did not file
- any charges.
-
- REPORTER: Do you expect to?
-
- FRERIKS: There will be a Grand jury in January, Federal Grand Jury.
-
- REPORTER: What type of punishment do they face on the Federal level?
-
- FRERIKS: I believe it's a ten year, a ten year felony for the computer
- fraud, there's a copyright violation, infringements there's several
- numerous violations involved here but essentially a ten year felony.
-
- REPORTER: Is that per offence?
-
- FRERIKS: Per offence.
-
- REPORTER: Would each piece of software be considered an offence?
-
- FRERIKS: Probably not but that's a US Attorn decision, and when we go
- into the next room you'll see a hell of a lot of stuff and it's kind of
- small so why don't we just go in one at a time.
-
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