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- Received: by UCBCMSA (Mailer R2.04) id 3076; Sun, 23 Sep 90 19:31:08 PDT
- Date: Sun, 23 Sep 90 22:22:00 EDT
- Reply-To: Discussion of Ethics in Computing <ETHICS-L@UGA.BITNET>
- Sender: Discussion of Ethics in Computing <ETHICS-L@UGA.BITNET>
- From: DAVID@SIMSC.BITNET
- Subject: Criag Neidorf update: All charges dismissed
- To: Woody Weaver <WWEAVER@UCBCMSA.BITNET>
-
- I have been very busy the past six weeks or so, and not had much time to
- contribute to the Ethics-List. I have been saving an article from The
- Washington Post about Craig Neidorf. Neidorf was one of the people "caught"
- in "Operation Sun Devil", which was discussed at some length back in May,
- June, and July here. Since I have seen no one else post any information about
- the outcome of his case, I have compiled it for the LIST and for the record.
- This posting has three parts:
- first, the background on Craig Neidorf's indictment (taken from the EFF
- summary); then The Washington Post article of August 2; and last a few
- comments and questions.
-
- > ELECTRONIC FRONTIER FOUNDATION, LEGAL CASE SUMMARY, July 10, 1990.
- >
- > United States v. Craig Neidorf
- >
- > Craig Neidorf is a 20-year-old student at the University of Missouri who
- > has been indicted by the United States on several counts of interstate
- > wire fraud and interstate transportation of stolen property in
- > connection with his activities as editor and publisher of the
- > electronic magazine, Phrack.
- >
- > The indictment charges Neidorf with: (1) wire fraud and interstate
- > transportation of stolen property for the republication in Phrack of
- > information which was allegedly illegally obtained through the accessing
- > of a computer system without authorization, though it was obtained not
- > by Neidorf but by a third party; and (2) wire fraud for the publication
- > of an announcement of a computer conference and for the publication of
- > articles which allegedly provide some suggestions on how to bypass
- > security in some computer systems.
- >
- > The information obtained without authorization is a file relating to the
- > provision of 911 emergency telephone services that was allegedly removed
- > from the BellSouth computer system without authorization. It is
- > important to note that neither the indictment, nor any briefs filed in
- > this case by the government, contain any factual allegation or
- > contention that Neidorf was involved in or participated in the removal
- > of the 911 file.
-
- ====================== verbatim transcript ==================================
- The Washington Post, Thursday, August 2, 1990, page C13.
-
- ENFORCEMENT QUESTIONS RAISED AFTER HACKER CASE DISMISSED
- Leahy Proposes Amendment to Computer Fraud Bill
-
- By Willie Schatz, Washington Post Staff Writer.
-
- The collapse of an indictment against a suspected computer hacker and
- newsletter publisher came under congressional scrutiny this week, with a
- Senate subcommittee chairman wondering if the government is going too far in
- prosecuting hackers.
- "It [the case] seemed a tad severe to me," Sen. Patrick Leahy (D-Vt.) said
- Tuesday at a Senate subcommittee hearing on his bill to amend the Computer
- Fraud and Abuse Act of 1986, the law under which an indictment of the computer
- newsletter publisher had been issued.
- The government had accused Craig Neidorf, a computer newsletter publisher,
- of interstate transportation of a stolen BellSouth Corp. document describing
- its emergency 911 system.
- Leahy cited Neidorf as an example of the kind of hacker who shouldn't be
- the target of the 1986 act.
- Leahy has introduced legislation that would amend the Computer Fraud and
- Abuse Act of 1986 by extending its protection to any computer used in
- interstate commerce or communications. The bill also would punish users for
- "reckless disregard" of the effects of damaging, disrupting, changing or
- stealing computer information or programs.
- The government last Friday [Note: = July 27, DB] dismissed the charges
- against Neidorf, a move seen by many computer industry observers as a setback
- to the nationwide prosecution of hackers.
- The dismissal came five days into the trial after the defense presented
- evidence that the information Neidorf had electronically transported across
- state lines was publicly available.
- Both Sheldon Zenner, Neidorf's attorney, and Joan Safford, an assistant
- U.S. attorney in the Chicago office, said they could not recall the government
- dismissing a case once it had begun.
- "As far as I can tell, all he did was republish the document in Phrack
- [Neidorf's newsletter]" said Leahy, chairman of the subcommittee on technology
- and the law.
- "That's not a heck of a lot different than someone walking down the street
- who picks up a document and writes a letter to the editor," Leahy said. "It's
- one thing to go after whoever broke into the computer. It's another to go
- after a kid who took a letter and published it. This whole thing really
- bothered me. A lot of people are going to get nervous if innocent passersby
- get caught in the [government's] net."
- Neidorf, a 20-year-old political science major at the University of
- Missouri, might have been one of those had the U.S. attorney's office not done
- what Zenner called "the honorable thing" and dropped all charges.
- The government reached that decision after Zenner, a former prosecutor,
- showed that the information BellSouth contended was proprietary could be
- ordered for $13 by calling an 800 number. The indictment put the its value
- at $79,449.
- "We did not have correct information from BellSouth," Safford said.
- "It became clear that the information BellSouth said were trade secrets was in
- fact generally available to the public."
- Safford said the government than had no choice but to dismiss its case.
- According to Zenner, Neidorf is contemplating a lawsuit against BellSouth
- and BellCore, its research laboratory.
- "We weren't aware that this information was publicly available," said a
- government source who requested anonymity. "We're pretty disappointed about
- this. We'll have to review our relationship with these people if this
- continues."
- Scott Ticer, a BellSouth spokesmen, said the company presented its
- information honestly and that the stolen 911 information is proprietary.
- "We know that people work very hard to create products with their
- computers," Leahy said. "They ought to be able to protect those. At the same
- time, I don't want to see the mass resources of the United States Department
- of Justice turned loose on things that don't make that much difference [in
- damaging to computers]."
- ** end of The Washington Post story **
- =============================================================================
- My comments:
- 1. Hurrah for the American justice system and for Mr. Craig Neidorf.
- 2. Clearly, if you are going to accuse someone of a crime and prosecute them
- for it, it's important to get your facts straight!
- 3. Sen. Leahy statements suggest that he is trying to find a balance, between
- computer technology issues and various constitutional rights. This
- definition of balance will be achieved, overtime, by a series of laws,
- events, and legal cases. The dismissal of Neidorf's case, because the
- document was in the public domain, contributes nothing to that larger
- understanding, or any resolution of these issues that we so desperately
- need.
- 4. Again quoting from: ELECTRONIC FRONTIER FOUNDATION, LEGAL CASE SUMMARY,
- July 10, 1990.
-
- > "These indictments raise substantial constitutional issues which have
- > significant impact on the uses of new computer communications
- > technologies. The prosecution of an editor or publisher, under
- > generalized statutes like wire fraud and interstate transportation of
- > stolen property, for the publication of information received lawfully,
- > which later turns out to be have been "stolen," presents an
- > unprecedented threat to the freedom of the press. The person who should
- > be prosecuted is the thief, and not a publisher who subsequently
- > receives and publishes information of public interest. To draw an
- > analogy to the print media, this would be the equivalent of prosecuting
- > The New York Times and The Washington Post for publishing the Pentagon
- > Papers when those papers were dropped off at the doorsteps of those
- > newspapers."
-
- EFF was going to make this a test case for some of these issues, which
- one assumes will have to be postponed until there is another case.
-
- 5. Question: Has Neidorf filed a suit against BellSouth or other parties as a
- result of this case ? Would it be related to computer ethics ?
-
- 6. Question: What is the current status of the efforts to amend Computer
- Fraud and Abuse Act of 1986 ? What are the important changes ?
-
- David Bridge
- Smithsonian Institution
- BITNET: DAVID@SIMSC
-
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