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- Government Concedes 'Doom' Case
-
- from Unix Today!, August 20,1990 by Evan Schuman
-
- Chicago- The United States has suffered what amounts to an embarrassing
- defeat in the first jury trial test of its crackdown on the so-called Legion of
- Doom.
-
- The government asked the judge to dismiss the charges against Craig
- Neidorf, the 20-year-old editor of an electronic newsletter called Phrack.
- Neidorf was indicted on an accusation of conspiring to steal- and
- electronically publish- a proprietary document from Bellsouth involving the
- 911 emergency system.
-
- The Justice Department began a crackdown early this year of what it
- said was a rash of computer fraud, break-ins and other computer related
- white-collar offenses.
-
- The Neidorf case was often cited by federal officials defending their
- actions, saying that this case demonstrated the dangers of these high-tech
- efforts, citing "the potential to disrupt the telephone service of a four-state
- area and the 911 emergency lines."
-
- UNUSUAL STUFF
- But on the fifth day of Neidorf's trial, the government took the highly
- unusual step of asking the judge to dismiss its own charges against the
- defendant.
-
- Neidorf had pleaded not guilty, admitting that he had published the
- document, but effectively maintaining two defenses. The first defense was
- that the document was innocuous and its dissemination posed a hardship
- and danger to no one. Secondly, Neidorf argued that, even if the document
- had been dangerous, constitutional First Amendment protections would have
- applied to him, in the same way that a newspaper reporter would be
- protected if publishing the same story.
-
- The government had maintained that the documents had been
- proprietary and that their wide dissemination would have opened the
- possibility of someone actually disrupting the 911 system.
-
- But as prosecution witnesses took the stand, they admitted under
- cross-examination that the supposedly sensitive information in the
- documents had actually been sold to the public by Bellsouth through a toll-
- free telephone number.
-
- Neidorf's defense attorney, Sheldon Zenner of Chicago, said the
- government decided to drop the case after he shared with the government
- copies of trade magazine stories written by Bellsouth officials publicizing the
- very same information that Bellsouth witnesses were characterizing as
- secret.
-
- Officials in the U.S. Attorney's Office confirmed that the dismissal was
- sought because of new information learned about the proprietary nature of
- the document.
-
- Zenner, who said he is investigating bringing a civil lawsuit against
- Bellcore and Bellsouth for the harm done to his client, pointed much of the
- blame at the U.S. Attorney's Office for not investigating the case intelligently
- before going to a grand jury for an indictment- let alone bringing the case to
- trial.
-
- "There was a guy at Bellcore who persuaded the government that this
- was an absolutely dangerous document," Zenner said. " The frighting part is
- that no one in the government had the wherewithal and/or the technical
- expertise to determine whether he was telling the truth or not. They just
- accepted his truth as to the document."
-
- He said one of the government's top witnesses was a Bellsouth
- employee who told jurors of the document's secret nature. "She had a
- complete unfamiliarity with other Bell documents that are available to the
- public that contained either comparable information or even greater detail,"
- he said. "We started out by showing her the Bellcore catalogue of publicly
- available documents."
-
- The witness testified that she had not been aware of the catalogue and
- that the information had been offered publicly. The U.S. Attorney's Office
- said the catalogue was one of the factors leading to the dismissal request,
- according to one of the trial prosecutors handling the case.
-
- While the government had asked that the charges against Neidorf be
- dismissed, the government wanted to have the option of retrying Neidorf
- should he be convinced of a similar accusation within a year. To
- accommodate both requests, the trial judge technically declared a mistrial by
- dismissing one of the jurors. The result is that Neidorf is not convicted of
- anything, but should the government try to bring the charges back, Neidorf
- could not claim that his constitutional right not to face double jeopardy was
- being voilated.
-
-
- *eof
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