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- WAR:Reprinted from Government Computer News
-
- YOUTH FINED $300 IN FIRST TEST OF VA.'S CRIME LAW By Suzanne Scott
- and Lynne M.Constantine
-
- In one of the first prosecutions under Virginia's 1984 comprehensive
- computer crimes law, a 14-year-old boy was ordered to make restitution
- for $300 in damages sustained by a Fairfax County computerized
- bulletin-board system operator when the boy broke into the system and
- erased a substantial part of the stored data.
-
- Virginia's long and complex Computer Crimes Act of 1984 provides
- relatively stiff penalties to discourage mischief making and unthinking
- criminal trespass as well as the more calculated, purposeful and
- selective erasures, such as when people enter a financial institution's
- computer in an attempt to alter credit or other financial data.
-
- Under the statute, the boy's removal of the bulletin board files,
- which he intended to exchange with friends, was an act of criminal
- trespass.
-
- The boy's story sounds similar to other cases of illicit hacking
- cited in the Virginia Assembly's discussion preceding passage of the
- statute - a combination of youthful computer wizardry and childish
- arrogance.
-
- On Jan. 5, 1985, the boy, who referred to himself as "Phineas
- Phreak" and whose name has not been released because he is a juvenile,
- place a call from his Montgomery County, MD. phone to the number for
- the Washington Networks computer bulletin board service, operated
- part-time by Allen Knapp out of his Vienna, Virginia home.
-
- The BBS requires a password for entry; Knapp provides that password
- to anyone who pays $10. But "Phineas Phreak" managed to enter the
- system without a password.
-
- Once his computer was connected to Knapp's, the boy discovered a
- programming error that allowed him access to Knapp's own special
- password, used to perform maintenance and other chores on the bulletin
- board service. With this password, "Phineas Phreak" erased a large part
- of Knapp's storage file and transferred "one or more" files to his own
- home computer. Knapp estimated the loss at about 180 hours of
- programming and tracking time.
-
- After capturing several of Knapp's files, the boy called Knapp's
- telephone answering machine and made "ransom demands," spelling out
- conditions under which he would return the files. That answering
- machine message, however, allowed the Chesapeake and Potomac Telephone
- Co. to trace the call, and the boy was arrested. The boy was charged
- with a misdemeanor under that section of the computer crimes statute
- designed to discourage erasing or altering computer data. Because of
- his age, he was allowed to plead "not innocent" - a plea that allows a
- juvenile to avoid having a permanent criminal record if he stays out of
- trouble.
-
- He was sentenced in Fairfax County Juvenile and Domestic Relations
- Court to one year of inactive probation and ordered to pay $300 dollars
- in restitution out of money he earns himself to compensate Knapp for
- damages.
-
- Deputy Commonwealth's Attorney V. Britt Richardson, who prosecuted
- the case, said he would have pressed for conviction and perhaps also a
- suspended jail sentence if the offender had been an adult. Otherwise,
- the handling of such cases would be similar regardless of the
- offender's age. "Under the statue, an adult offender would have been
- required to make restitution, just as the juvenile must," said
- Richardson.
-