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- *--* 04-10-94 - 23:48:22 *--*
-
- Article #5777 (6157 is last):
- Newsgroups: comp.org.eff.talk,misc.legal,alt.wired,alt.2600
- From: jgull@world.std.com (jason n gull)
- Subject: Indictment of Sysop
- Date: Thu Apr 7 21:09:47 1994
-
-
- I thought this might be of interest to many. A federal grand jury
- in Boston returned an indictment this afternoon, charging a
- 20-year-old MIT student and sysop with conspiracy.
- The indictment alleges the student, David Lamacchia,
- created and maintained a BBS/FSP site on the internet, on which
- pirated software was exchanged.
-
- -Jason
- jgull@world.std.com
-
-
-
- ======================================================
-
-
- UNITED STATES DISTRICT COURT
- DISTRICT OF MASSACHUSETTS
-
-
- UNITED STATES OF AMERICA | CRIMINAL NO. 94-10092RGS
- | VIOLATION:
- v. | 18 U.S.C. Sect. 371 -
- | Conspiracy
- DAVID LAMACCHIA |
-
-
- _INDICTMENT_
-
- _COUNT ONE_: 18 U.S.C. S 371 - Conspiracy
-
- The Grand Jury charges that:
- 1. From on or about November 21, 1993, to on or about
- January 5, 1994, at Cambridge, in the District of Massachusetts,
- and elsewhere, DAVID LAMACCHIA defendant herein, did knowingly
- and intentionally combine, conspire, confederate, and agree with
- other persons unknown to the Grand Jury, to commit offenses against
- the United States, that is, to devise and execute a scheme and artifice
- to defraud, and, for the purpose of. executing and attempting to
- execute such scheme, to transmit and cause to be transmitted in
- interstate commerce, by wire communication, writings, signs, signals,
- pictures, and sounds for the purpose of executing such scheme and
- artifice, in violation of Title 18, United States Code, section 1343.
-
- _PERSONS AND ENTITIES_
-
- 2. At all times material to this Indictment, the
- Massachusetts Institute of Technology (MIT) was an educational
- institution located on Memorial Drive, in Cambridge, Massachusetts.
-
- 3. At all times material to this Indictment, defendant
- DAVID LAMACCHIA was a student enrolled in and resident at MIT.
-
- 4. At all times material to this Indictment, MIT had a
- connection to the Internet, an international collection of
- electronic networks linking educational, military, and commercial
- computers around the world.
-
- _CONSPIRACY AND SCHEME TO DEFRAUD_
-
- 5. It was part of the scheme and conspiracy that defendant
- DAVID LAMACCHIA, using the computer aliases "JOHN GAUNT" and
- "GRIMJACK," set up, participated in setting up, and, from on or
- about November 21, 1993, to on or about December 21, 1993, and
- from on or about January 3, 1994 to on or about January 5, 1994,
- operated and participated in the operation of a computer bulletin
- board system named "CYNOSURE" to permit and facilitate, on an
- international scale, the illegal copying and distribution of
- copyrighted software, without payment of software licensing fees
- or the software purchase price to the manufacturers and vendors of
- the copyrighted software
-
- 6. It was further part of the conspiracy and scheme to
- defraud that defendant DAVID LAMACCHIA operated, and
- participated
- in the operation of, "CYNOSURE" on two computer work stations
- owned and operated by MIT, located at Cambridge in the District of
- Massachusetts. The two work stations were designated "CYNOSURE I"
- and "CYNOSURE II." In addition, a third MIT computer was utilized
- for back-up files and other purposes associated with running
- CYNOSURE.
-
- 7. A computer bulletin board system ("BBS") consists
- essentially of a personal computer on which is installed a
- computer program which permits persons all over the world, using
- their own computers and telephone lines, to obtain access to the
- BBS computer. Persons thereby obtaining access to the computer
- BBS may post files and messages to the board ("upload"), and may
- read and copy files and messages ("download") to their own
- computer. The messages that may be uploaded or downloaded can
- consist of virtually any type of data or information, including
- other software programs. The CYNOSURE BBS was accessible
- worldwide via the Internet.
-
- 8. In using the MIT work stations for the purpose of
- running a computer BBS to pirate and distribute copyrighted
- software, LAMACCHIA exceeded his authority, as an MIT student, to
- access and use the MIT computer system and its connection to the
- Internet.
-
- 9. It was further part of the conspiracy and scheme to
- defraud that the defendant, using the computer aliases "JOHN
- GAUNT" and "GRIMJACK," communicated to other persons the
- Internet
- address (or "site") for the CYNOSURE BBS to permit them to send,
- by means of interstate and foreign wire communication, files and
- messages to the BBS and to avail themselves of the opportunity to
- copy and cause to be transmitted by means of interstate and
- foreign wire communication, computer files stored on the BBS. The
- users of the CYNOSURE BBS often hid their identities by using an
- Internet address located in Finland which afforded an anonymous
- forwarding service.
-
- 10. It was further part of the conspiracy and scheme for
- users to "upload" computer files into the CYNOSURE BBS in order to
- create a library of software that could be accessible to other
- users who, without paying a purchase price or licensing fee, could
- unlawfully download copyrighted software to their own computer
- systems. Files downloaded to an anonymous Finnish Internet
- address service would then be surreptitiously forwarded to the
- user's own computer system.
-
- 11. It was further part of the conspiracy and scheme to
- defraud to circulate the CYNOSURE BBS address to a trusted network
- of computer users in order to protect the BBS from detection, and
- to communicate with BBS users by posting "README" files on the
- BBS. In these communications, which users would access through
- interstate telephone communication between their computers and
- the
- MIT server upon which the CYNOSURE BBS was resident, the
- defendant: advised users to check the CYNOSURE I index before
- uploading files so as not to duplicate existing files; requested
- particular copyrighted software; and cautioned against
- over-publication of the Internet site address for the bulletin
- board in order to reduce the risk of detection by the "net.cops,"
- i.e., systems administrators and network security personnel.
-
- 12. In fact, however, as defendant knew, the site address
- for the CYNOSURE BBS was disseminated widely and indiscriminately
- over public electronic networks, and as defendant knew or
- reasonably could have foreseen, traffic into and out of the
- CYNOSURE BBS for the purpose of unlawfully copying copyrighted
- software quickly became enormous. For example, approximately
- 180 computers
- contacted the BBS over a single 16-hour period of time it was in
- operation,
- downloading hundreds of computer software files containing
- copyrighted
- commercial programs during that same period.
-
- 13. As a result of the conspiracy and scheme to defraud, losses
- from the
- illegal distribution of the pirated software are estimated to exceed
- one
- million dollars during the period the CYNOSURE BBS was in operation.
-
- 14. On or about November 24, 1993, at Cambridge, in the District of
- Massachusetts, defendant DAVID LAMACCHIA created a "README"
- file on the CYNOSURE BBS which stated,
-
- Welcome to the Cynosure FSP site.
-
- The site currently has about 150 megs of space, so go ahead
- and upload. Let's get this site going!
-
- New files should be uploaded in a new directory under
- /dos/files.
-
- -- GrimJack, your sysop.
-
- 15. On or about December 4, 1993, at Cambridge, in
- the District of Massachusetts, defendant DAVID LAMACCHIA
- created, and participated in creating, a "README" file on the
- CYNOSURE BBS which stated,
-
- Welcome to the Cynosure I FSP site.
-
- This site has a total of 193 megs of space.
-
- This is a download-only site. If you want to upload (please
- do!) on Cynosure II at 18.187.0.75 port 2433.
-
- -- gJ (a.k.a. Gaunt,
- Mongoose
- Maintainers
-
- "FSP" refers to "file service protocol." It is used to facilitate a large
- volume of file activity without causing the system to "crash."
-
- 16. On or about December 9, 1993, at Cambridge, in the
- District of Massachusetts, defendant DAVID LAMACCHIA created
- a "README" file on the CYNOSURE BBS which stated: "Use this
- directory for sending private pgp-encoded
- messages to other users. -- John Gaunt"
-
- 17. On or about December 14, 1993, at Cambridge, in the District of
- Massachusetts, defendant DAVID LAMACCHIA created a file on the
- CYNOSURE BBS called "reqs.from.gaunt" which stated:
-
- If anyone has this stuff, I'd appreciate it.
- Sim City 2000
- Excel 5.0 (Windoze)
- WordPerfect 6.0 (Windoze)
- And if you run a site, drop me a line in the to_sysop
- directory. I'm also interested in cool sites people
- use, trading other info, etc. Thanks . . .
-
- -- John Gaunt, sysop.
-
- 18. On or about December 21, 1993, at Cambridge, in the
- District of Massachusetts, defendant DAVID LAMACCHIA created a
- "README" file on the CYNOSURE BBS which stated,
-
- Cynosure II is currently acting as the upload site, and we're
- periodically moving stuff to Cynosure I and deleting old stuff
- there.
-
- Before you upload, make sure you're not putting something
- up that's already on Cynosure I. Check there at 18.187.0.76
- port 2433 to make sure, or look at the Cynosure I index for a
- possibly-out-of-date
- version.
-
- ***URGENT***
-
- This is the second time I've caught some luser
- publicizing the site address on #fsp over IRC. And
- since I don't use it that much, I don't even want to
- think about how much of this goes on. Think you guys: this
- is what leads to a site getting purged, especially when you go
- around spitting out site address to whomever (especially since
- I was warned that two of those
- online at the time might have been net.cops). If you're tempted
- to give out the site: DON'T DO IT.
- If this keeps happening that two things will happen (1) this
- site will close and (2) its new incarnation will be private. So
- think about it, ok?
-
- ***Flame off
-
- Writing is back on for the meantime. It will probably go
- off sometime tonight, since I'll be out of town. I "may" put
- it back on while I'm gone . . . I'll see how things work out.
-
- -- John Gaunt
- Mongoose
- Maintainers.
-
- "IRC" refers to the Internet Relay Chat, which functions like an
- electronic CB radio over the Internet, permitting numerous users to
- "listen in"
- to a "channel" simultaneously.
-
- 19. On or about January 4, 1994, at Cambridge, in the
- District of Massachusetts, defendant DAVID LAMACCHIA and
- others whom he aided and abetted rebooted the CYNOSURE BBS,
- i.e., reloaded the bulletin board software, to permit access over the
- Internet.
-
- 20. On or about January 4, 1994, at Cambridge, in the District of
- Massachusetts, defendant DAVID LAMACCHIA created and
- participated in creating
- a file on the CYNOSURE BBS, stating:
-
- Welcome to Cynosure I.
-
- Cynosure II is currently down. Cynosure I is temporarily up.
-
- CYNOSURE IS MOVING!!! Read on. . . .
-
- Well, if you've waited this long we thank you for being a
- dedicated user throughout our hiatus. While we were gone
- the site was wiped clean. Everything on this machine and all
- our off-line backups was lost.
-
- This is disappointing. While it may not be the result
- of being found by the net.cops, I still believe the site
- was too public. Lusers were distributing the address
- freely over IRC and to people they didn't trust.
- Usually, the result of this for a site is for that site to
- move and go private, so it doesn't happen again. I'm
- going to try something else.
-
- Cynosure is one of the last public sites, so I'm going
- to keep it that way: if we're forced to go down again
- because of lamers, I will probably have to go private.
- So, hopefully, with controlled distribution of the
- new address, this won't happen.
-
- The move will happen soon. Distribution of the new
- address will be limited at first, unlike last time.
- Mongoose and I are currently hacking
- a new loction that will (1) be more secure and (2) handle
- a lot of the problems the site currently has (if you don't
- know about it, don't worry).
-
- Anyway, thanks again for sticking with us. Again, I'm
- only leaving Cynosure I up while we move. It's better than
- nothing.
-
- See you all on the net.
-
- -- John Gaunt
- Mongoose
-
- Maintainers
-
- All in violation of Title 18, United States Code, Section 371.
-
-
-
-
-
- A TRUE BILL
-
- _xxxxxsignedxxxxx_
- Foreman of the Grand Jury
-
-
- Jeanne Kempthorne [signed]
- Assistant United States Attorney
-
-
- DISTRICT OF MASSACHUSETTS; April 7, 1994, at 4:01 p.m.
- Returned into the District Court by the Grand Jurors and filed.
-
- _xxxxxsignedxxxxx_
- Deputy Clerk
- Enter Command: