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-
- Computer underground Digest Wed Jan 21, 1998 Volume 10 : Issue 05
- ISSN 1004-042X
-
- Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
- News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Field Agent Extraordinaire: David Smith
- Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
-
- CONTENTS, #10.05 (Wed, Jan 21, 1998)
-
- File 1--SEMANTICS AND THE CHILD PORNOGRAPHER (From V.I.P. Newsletter)
- File 2--Text of US v. Hockings (Child porn decision / 9th Fed Circ.)
- File 3--Text of 18 USC Sec. 2252 (Sexual Exploitation...of Children )
- File 4--Law Enforcement Using the Web for "Justice?"
- File 5--"Underground", Suelette Dreyfus
- File 6--Cu Digest Header Info (unchanged since 7 May, 1997)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Thu, 15 Jan 1998 20:13:43
- From: Charles C.Mann@sun.soci.niu.edu, ccm@crocker.com
- Subject: File 1--SEMANTICS AND THE CHILD PORNOGRAPHER (From V.I.P. Newsletter)
-
- I forwarded a copy of a bit from this same newsletter last
- month that you seemed to find interesting. Sorry to be doing it
- again -- I promise this is the last one -- but this case seemed so
- bizarre that I thought CuD might get a chuckle out of it. Although
- I suspect civil libertarians might cheer the outcome, the level of
- Congressional law-writing incompetence suggested by the court is
- depressing to contemplate.
- Charles Mann
-
- ------- Forwarded Message Follows -------
- Date--Wed, 14 Jan 1998 22--52--38 -0500
- From--Erick Iriarte <bdpc@mail.dti.net>
- To--Multiple recipients of list <cni-copyright@cni.org>
- Subject--VIP - 1/12/98
-
-
- <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><
- V.I.P. (Virtual Intellectual Property) Newsletter
- U.S. Intellectual Property & New Media Law Update
- Monday, January 12, 1998
- Volume II, Issue II
- Bazerman & Drangel, P.C.
-
- <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><
- (C) Bazerman & Drangel, P.C. 1998
-
- *********************************************
- SEMANTICS AND THE CHILD PORNOGRAPHER
-
- U.S. v. Hockings (Ninth Cir. - Decided- November 21, 1997)
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- The Defendant was charged with one count of possession of eight
- computer files containing visual depictions of child pornography in
- violation of Section 18 U.S.C. Sec. 2252(a)(4)(B) and one count of
- transporting sixteen visual depictions of child pornography in
- interstate commerce in violation of 18 U.S.C. Sec. 2252(a)(1).
- After a bench trial he was found guilty on both counts.
-
- What is a poor child pornographer to do if he is caught red handed
- with the child pornography? Why, attack the statute, what else. The
- statute criminalizes the knowing transportation in interstate commerce
- by any means including by computer or mail of "visual depictions"
- involving minors engaged in sexually explicit conduct or possessing
- three such items. On appeal, Defendant maintained that visual
- depiction did not include GIF files. The Court noted that it would be
- an "absurdity" to find that Congress intended to outlaw the
- transportation of pornographic visual depictions of children by
- computer, yet concluded that the Congress did not intend to include
- GIF files within the definition of visual depiction.
-
- Defendant had a subsidiary argument that the statute was
- unconstitutionally vague since it did not clearly indicate to him that
- such electronic depictions would be considered visual depictions under
- the statute. The Court found the statute clear on its face.
-
- The this decision can be seen at:
-
- http://www.vcilp.org/Fed-Ct/Circuit/9th/opinions/9750018.htm
-
- <lots of less relevant stuff snipped out>
-
- %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
- <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><
-
- The complete set of newsletters can be viewed at:
-
- http://www.ipcounselors.com
-
- If you have any questions or comments regarding any of the above,
- please do not hesitate to contact us. IF YOU ARE AWARE OF ANY
- INTERESTING RECENT CASE, PARTICULARLY IF THE COMPLAINT OR DECISION IS
- ON THE WEB OR YOU CAN SUPPLY US WITH A COPY OF THE PLEADINGS OR
- DECISION FOR POSTING, PLEASE LET US KNOW.
-
- If you do not wish to receive the update, send a message to
- bdpc@ipcounselors.com with "unsubscribe update" in the body of the
- message. If you know of others who wish to subscribe, have them send a
- message to bdpc@ipcounselors.com with "subscribe update" in the body
- of their message.
-
- Bazerman & Drangel, P.C.
- Intellectual Property and New Media Attorneys
- 60 East 42nd Street
- Suite 1158
- New York, NY 10165
- tel: 212 292 5390
- fax: 212 292 5391
- e-mail: bdpc@ipcounselors.com
-
- ------------------------------
-
- Date: Fri, 16 Jan 1998 12:23:25 -0600
- From: jthomas@SUN.SOCI.NIU.EDU(Jim Thomas)
- Subject: File 2--Text of US v. Hockings (Child porn decision / 9th Fed Circ.)
-
- From: http://www.vcilp.org/Fed-Ct/Circuit/9th/opinions/9750018.htm
- _________________________________________________________________
-
- [IMAGE] This opinion was acquired from the 9th Circuit and enhanced
- for distribution on the Internet by
- The Villanova Center for Information and Policy.
- _________________________________________________________________
-
- FOR PUBLICATION
-
- UNITED STATES COURT OF APPEALS
-
- FOR THE NINTH CIRCUIT
-
- UNITED STATES OF AMERICA,
- No. 97-50018
- Plaintiff-Appellee,
- D.C. No.
- v.
- CR-95-00556-TJH
- MARK STUART HOCKINGS,
- OPINION
- Defendant-Appellant.
-
- Appeal from the United States District Court
- for the Central District of California
- Terry J. Hatter, District Judge, Presiding
-
- Argued and Submitted
- November 3, 1997--Pasadena, California
-
- Filed November 21, 1997
-
- Before: William C. Canby, Jr. and David R. Thompson,
- Circuit Judges, and Donald W. Molloy,* District Judge.
-
- Opinion by Judge Molloy
-
- _________________________________________________________________
-
- SUMMARY
-
-
- COUNSEL
-
- Richard D. Burda, Deputy Federal Public Defender, Los
- Angeles, California, for the defendant-appellant.
-
- David C. Scheper, and Benjamin Jones, Jr., Assistant United
- States Attorneys, Los Angeles, California, for the plaintiff-
- appellee.
-
- _________________________________________________________________
-
- OPINION
-
- MOLLOY, District Judge:
-
- I. Overview
-
- Mark Stuart Hockings ("Hockings") was charged with one
- count of possessing eight computer files containing visual
-
- 13999
- .
-
- depictions of child pornography, in violation of 18 U.S.C.
- S 2252(a)(4)(B), and one count of transporting sixteen visual
- depictions of child pornography in interstate commerce, in
- violation of 18 U.S.C. S 2252(a)(1). After a bench trial he was
- found guilty on both counts.
-
- On appeal, he claims the computer GIF files from which
- pornographic images could be retrieved are not "visual
- depictions" as defined in the charging statute. Additionally, he
- argues the charging statute did not provide him with fair
- warning of the proscribed conduct. We disagree.
-
- The construction or interpretation of a statute is reviewed
- de novo. United States v. DeLaCorte, 113 F.3d 154, 155 (9th
- Cir. 1997). Whether a statute is void for vagueness is also
- reviewed de novo. United States v. Woodley, 9 F.3d 774, 778
- (9th Cir. 1993).
-
- II. Discussion
-
- A.
-
- Subsections 2252(a)(1) and (4)(B) criminalize the knowing
- transportation in interstate commerce, "by any means includ-
- ing by computer or mails," of "visual depictions" involving
- minors engaged in sexually explicit conduct, 18 U.S.C.
- S 2252(a)(1) (emphasis added). It is also illegal to be in the
- knowing possession of three or more "matter[s] which contain
- any [such] visual depiction," 18 U.S.C.S 2252(a)(4)(B).
- When the offense happened, the applicable statute stated that
- " `visual depiction' includes undeveloped film and
- videotape." 18 U.S.C. S 2256(5) (Law. Co-op. 1991). It did
- not refer to information stored on disc. In 1996, the statutory
- definition was expanded to include "data stored on computer
- disk or by electronic means which is capable of conversion
- into a visual image." 18 U.S.C.S. S 2256(5) (Law. Co-op.
- 1991 & Supp. 1997).
-
- 14000
- .
-
- When interpreting a statute, we "look first to the plain lan-
- guage of the statute, construing the provisions of the entire
- law, including its object and policy, to ascertain the intent of
- Congress." Northwest Forest Resource Council v. Glickman,
- 82 F.3d 825, 830 (9th Cir. 1996). If the statute is unclear, we
- look next to the legislative history. Id. at 830-31.
-
- [1] Hockings argues that his conduct is not within the pur-
- view of the statute because the definition of "visual depiction"
- contained in the former version of section 2256(5), includes
- undeveloped film and videotape but not computer data. How-
- ever, both subparts of section 2252 under which Hockings
- was charged prohibit the transportation by computer of visual
- depictions of minors engaging in sexually explicit conduct. It
- leads to an absurdity to find that Congress intended to outlaw
- the transportation of pornographic visual depictions of chil-
- dren by computer, yet conclude that Congress did not intend
- to include GIF files within the definition of visual depiction.
-
- [2] The former definition of "visual depiction" is not lim-
- ited to undeveloped film and videotape--it "includes" those
- items but is not drafted as an exhaustive list of all items that
- constitute a "visual depiction." See 18 U.S.C.S. S 2256(5)
- (1991). This view is supported by United States v. Smith, 795
- F.2d 841 (9th Cir. 1986). Smith construed the pre-1986 ver-
- sion of the child pornography statute that contained no defini-
- tion of "visual depiction." Smith took photographs of three
- teenage girls in various stages of nudity and sent the film for
- developing. After developing the film, the photo company
- contacted U.S. postal inspectors. Smith was charged with vio-
- lations of the federal child pornography statutes and convicted
- on all counts. Id. at 844-45.
-
- On appeal, this court rejected Smith's argument that
- "unprocessed, undeveloped film does not constitute a `visual
- depiction' within the meaning of the statute." Id. at 846.
- Accepting that "color film must undergo an elaborate devel-
-
- 14001
- .
-
- oping process before any image can be perceived by the
- human eye," id., the court concluded:
-
- [T]he exclusion of unprocessed film from the stat-
- ute's coverage would impede the child pornography
- laws by protecting a necessary intermediate step in
- the sexual exploitation of children. The interpreta-
- tion urged by Smith would allow unrestricted inter-
- state commerce in child pornography so long as the
- pornography was still in the form of undeveloped
- film. Such a loophole is inconsistent with congres-
- sional intent; the undeveloped state of the film does
- not eliminate the harm to the child victims in the
- film's production or the incentive to produce created
- by the film's trafficking. We therefore hold that the
- undeveloped film constitutes a "visual depiction"
- . . . .
-
- Id. at 846-47.
-
- [3] The same rationale applies to GIF files in relation to the
- pre-1996 version of the statute under which Hockings was
- charged. GIF files were a means of storage and transportation
- of visual depictions of child pornography in this case.
- Although a software program was required to de-compress the
- GIF file, the contents of the GIF file could be viewed on a
- computer screen or printed in hard copy if so desired.
-
- [4] The statute was amended in 1996 to specifically include
- computer data such as GIF files. ("[V]isual depiction includes
- . . . data stored on computer disk or by electronic means
- which is capable of conversion into a visual image"). 18
- U.S.C.A. S 2256 (West Supp. 1997). Hockings suggests the
- amendment lends support to his argument that the pre-1996
- statute did not encompass GIF files. However, "Congress may
- amend a statute simply to clarify existing law, to correct a
- misinterpretation, or to overrule wrongly decided cases. Thus,
- an amendment to a statute does not necessarily indicate that
-
- 14002
- .
-
- the unamended statute means the opposite." United States v.
- Hawkins, 30 F.3d 1077, 1082 (9th Cir. 1994). We conclude
- that computer GIF files are visual depictions within the mean-
- ing of the charging statute. The visual image transported in
- binary form starts and ends pornographically and that is what
- Congress seeks to prohibit.
-
- B.
-
- [5] We also reject Hockings' attack on the statute as void
- for vagueness. The Supreme Court outlined the contours of
- the vagueness doctrine in United States v. Lanier, 137 L.Ed.
- 2d 432 (1997). First, an act cannot be so vague that "men of
- common intelligence must necessarily guess at its meaning
- and differ as to its application." Id. at 442. Second, the rule
- of lenity must be applied to restrict criminal statutes to con-
- duct clearly covered by those statutes. Id. Third, a court may
- interpret the statute to provide the "requisite level" of clarity,
- but any such interpretation must not be so "novel " as to
- include conduct that "neither the statute or any prior judicial
- decision has fairly disclosed to be within its scope." Id. at
- 442-43.
-
- Hockings argues that the charging statute is constitutionally
- vague because it criminalizes "the transportation and posses-
- sion of items [GIF files] that clearly are not visual depictions,
- on the grounds that they are visual depictions, goes beyond
- what a person of common intelligence would infer from read-
- ing the statute." We disagree. The statute satisfies the Lanier
- standard.
-
- [6] As noted above, GIF files are merely a means of storage
- and transportation of visual depictions. The statute proscribes
- the transportation of visual depictions of minors engaged in
- sexually explicit conduct by any means, including by com-
- puter. 18 U.S.C. S 2252(a)(1),(4)(B). While holding other-
- wise, even if judicial gloss is required to bring GIF files
- within the compass of the statute, such an interpretation is not
-
- 14003
- .
-
- novel in view of the case law discussed above. See Smith
- supra; see also United States v. Thomas, 74 F.3d 701, 707
- (6th Cir. 1996)(holding that GIF files fall within the obscenity
- statutes although not specifically proscribed herein because
- "the manner in which the images move[ ] does not affect their
- ability to be viewed on a computer screen in [a distant loca-
- tion] or their ability to be printed out in hard copy in that dis-
- tant location"). Hence, Hockings had fair warning that the
- transportation of visual depictions by means of computer GIF
- files was in violation of the statute.
-
- AFFIRMED.
-
- 14004.
- the end
-
- ------------------------------
-
- Date: Sat, 17 Jan 1998 22:33:52 -0600
- From: jthomas@VENUS.SOCI.NIU.EDU(Jim Thomas)
- Subject: File 3--Text of 18 USC Sec. 2252 (Sexual Exploitation...of Children )
-
- (Source - http://law.house.gov/usc.htm)
-
- 18 USC Sec. 2252 01/16/96
-
- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
- PART I - CRIMES
- CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
-
- Sec. 2252. Certain activities relating to material involving the
- sexual exploitation of minors
-
- -STATUTE-
-
- (a) Any person who -
-
- (1) knowingly transports or ships in interstate or foreign
- commerce by any means including by computer or mails, any visual
- depiction, if -
- (A) the producing of such visual depiction involves the use
- (B) such visual depiction is of such conduct;
- (2) knowingly receives, or distributes, any visual depiction
- that has been mailed, or has been shipped or transported in
- interstate or foreign commerce, or which contains materials which
- have been mailed or so shipped or transported, by any means
- including by computer, or knowingly reproduces any visual
- depiction for distribution in interstate or foreign commerce or
- through the mails, if -
-
- (A) the producing of such visual depiction involves the use
- of a minor engaging in sexually explicit conduct; and
- (B) such visual depiction is of such conduct;
- (3) either -
- (A) in the special maritime and territorial jurisdiction of
- the United States, or on any land or building owned by, leased
- to, or otherwise used by or under the control of the Government
- of the United States, or in the Indian country as defined in
- section 1151 of this title, knowingly sells or possesses with
- intent to sell any visual depiction; or
- (B) knowingly sells or possesses with intent to sell any
- visual depiction that has been mailed, or has been shipped or
- transported in interstate or foreign commerce, or which was
- produced using materials which have been mailed or so shipped
- or transported, by any means, including by computer, if -
- (i) the producing of such visual depiction involves the use
- of a minor engaging in sexually explicit conduct; and
- (ii) such visual depiction is of such conduct; or
- (4) either -
- (A) in the special maritime and territorial jurisdiction of
- the United States, or on any land or building owned by, leased
- to, or otherwise used by or under the control of the Government
- of the United States, or in the Indian country as defined in
- section 1151 of this title, knowingly possesses 3 or more
- books, magazines, periodicals, films, video tapes, or other
- matter which contain any visual depiction; or
- (B) knowingly possesses 3 or more books, magazines,
- periodicals, films, video tapes, or other matter which contain
- any visual depiction that has been mailed, or has been shipped
- or transported in interstate or foreign commerce, or which was
- produced using materials which have been mailed or so shipped
- or transported, by any means including by computer, if -
- (i) the producing of such visual depiction involves the use
- of a minor engaging in sexually explicit conduct; and
- (ii) such visual depiction is of such conduct;
- shall be punished as provided in subsection (b) of this section.
- (b)(1) Whoever violates, or attempts or conspires to violate,
- paragraph (1), (2), or (3) of subsection (a) shall be fined under
- this title or imprisoned not more than ten years, or both, but, if
- such person has a prior conviction under this chapter or chapter
- 109A, such person shall be fined under this title and imprisoned
- for not less than five years nor more than fifteen years.
- (2) Whoever violates, or attempts or conspires to violate,
- paragraph (4) of subsection (a) shall be fined under this title or
- imprisoned for not more than five years, or both.
-
- ------------------------------
-
- Date: Wed, 21 Jan 98 15:57 CST
- From: Cu Digest <TK0JUT2@MVS.CSO.NIU.EDU>
- Subject: File 4--Law Enforcement Using the Web for "Justice?"
-
- The homepage links between law enforcement and the public became a
- bit tighter in the past few weeks. Two homepages, one from a New
- York state Attorney General, and the other from an Illinois
- citizen, respectively used the Web to oppose the parole of a man
- convicted of murdering a child and to publicize the names of sex
- offenders.
-
- In New York, the Attorney General used the homepage in an attempt
- to sway the decision of the parole board in an upcoming case. This
- seems an unacceptable intrusion of politics in what ought to be
- independent decision making. The New York Times reported the
- story as follows:
-
- Date--Tuesday, December 23, 1997
- Source--By Joseph A. Kirby, Tribune Staff Writer.
- Dateline--NEW YORK
- Copyright Chicago Tribune
-
- OFFICIAL USES WEB TO FIGHT ABUSER'S PAROLE
- NEW YORKER'S POSTING PROMPTS HUNDREDS OF REPLIES AGAINST KILLER
-
- In an unusual mingling of government and the Internet,
- New York state's attorney general took to cyberspace Monday
- to publicize his opposition to a parole petition by a
- Manhattan lawyer whose sensational case focused the nation's
- attention on domestic abuse a decade ago.
-
- Atty. Gen. Dennis Vacco used his state Web page to alert
- New York residents to the upcoming January parole hearing of
- Joel Steinberg, who was convicted of killing his illegally
- adopted 6-year-old daughter, Lisa, in November 1987.
-
-
- <<Article describes how Steinberg's lover testified that
- he had brutally abused her and their two children for years
- and how Stienberg reported smoked cocaine while his oldest
- child was dying of a brain hemorrhage>>
-
- "The Parole Board must give full weight to his horrific
- and senseless beatings of Lisa," Vacco wrote on the Web
- site, which features a picture of Lisa holding her younger
- brother. "Joel Steinberg . . . was nothing more than a
- despicable monster. He has not yet paid his debt to
- society."
-
- <snip>
-
- Vacco's use of the Internet to publicize his decision is
- somewhat of a twist because the attorney general, like some other
- politicians, is a critic of the information superhighway. In
- recent months, the attorney general has said the Internet allows
- teenagers easy access to pornography and affords them the ability
- to illegally purchase alcohol.
-
- The story provides the ULR as:
-
- www.oag.state.ny.us
-
- In Illinois, an Associated Press report on 3 December '97 provided
- a URL of www.chilicothe.com that lists the names and registered
- sex offenders in soime Illinois counties. Although the URL was not
- responding to several attempts to reach it, similar homepages have
- been reported across the country, and the numbers will likely
- increase.
-
- Because may states (and the federal government) have enacted
- "Megan's Laws" that require convicted sex offenders, especially
- with juvenile victims, to
- register with police in the town in which they live, such
- information is public. However, the legality of publishing the
- information makes it no less unacceptable. First, the definition
- of "sex offense," even when juveniles are involved, remains too
- broad to be meaningful. Second, the lists are not error-proof.
- Third, publicity exaggerates a stigma that makes reintegration
- into society difficulty. Finally, most offenses with juveniles as
- victims occur within the home.
-
- Public dialogue on crime, such as it is, currently contains far
- too much heat and too little reason. State officials should bear
- in mind that responsible Net use applies to them as well as those
- they target: Demagoguery and reducing justice to a game of
- passions across the Net may be effective grandstanding, but it
- also raises questions about the impartiality of the justice.
-
- ------------------------------
-
- Date: Tue, 13 Jan 1998 10:17:06 -0800
- From: <Rob.Slade@sprint.ca>
- Subject: File 5--"Underground", Suelette Dreyfus
-
- BKNDRGND.RVW 970723
-
- "Underground", Suelette Dreyfus, 1997, 1-86330-595-5, A$19.95
- %A Suelette Dreyfus
- %C 35 Cotham Road, Kew 3101, Australia
- %D 1997
- %G 1-86330-595-5
- %I Reed Books/Mandarin/Random House Australia
- %O A$19.95 +61-2-9550-9207 fax: +61-2-9560-0334
- %O debbie@iaccess.com.au
- %P 475
- %T "Underground"
-
- This book is yet another gee-whiz look at teenage mutant wannabe-high-
- tech-bandits. The stories revolve around a number of individuals with
- loose links to one particular bulletin board in Melbourne, Australia,
- all engaged in system intrusions and phone phreaking.
-
- An immediate annoyance is the insistence of the author in referring to
- system breaking as "hacking." ("Cracking" seems to be reserved for
- breaking copy protection on games and other commercial software.) If
- any actual hacking takes place--creative, or otherwise sophisticated,
- use of the technology--it isn't apparent in the book. The
- descriptions of activities are vague, but generally appear to be
- simple "cookbook" uses of known security loopholes. This may not
- accurately reflect the events as they transpired, since the author
- also betrays no depth of technical knowledge, and seems to be willing
- to accept boasting as fact. The bibliography is impressively long
- until you realize that a number of the articles are never used or
- referenced. At which point, you wonder how much material has even
- been read.
-
- The structure and organization of the book is abrupt and sometimes
- difficult. Social or psychological observations are arbitrarily
- plunked into the middle of descriptions of system exploration, and,
- even though the paucity of dates makes it difficult to be sure, they
- don't appear to be in any chronological sequence, either. Those who
- have studied in the security field will recognize some names and even
- "handles," but the conceit of using only handles for members of the
- "underground" makes it difficult to know how much of the material to
- trust.
-
- Early chapters foreshadow dire events to overtake "Craig Bowen" and
- Stuart Gill: Bowen never gets mentioned again, and Gill is only
- mentioned twice, peripherally. (In combination with frequent
- allusions to ignorance on the part of law enforcement agencies, one
- might suspect that a kind of Australian version of "The Hacker
- Crackdown" [cf. BKHKCRCK.RVW] was planned, but, if so, it didn't come
- off.)
-
- The book's attitude is also oddly inconsistent. In places, the
- crackers and phreaks are lauded as brilliant, anti-establishment
- heroes; but, by and large, they are portrayed as unsocialized,
- paranoid, spineless non-entities, who have no life skills beyond a few
- pieces of pseudo-technical knowledge used for playing vicious pranks.
- So thorough is this characterization, that it comes as a total shock
- to find, in the afterword, that not only do these people survive their
- court convictions, but also become important contributing members of
- society.
-
- The author seems to feel quite free to point fingers in all
- directions. The absurdity of giving "look-see" intruders larger
- prison sentences than thieves or spies is pointed out, but not the
- difficulty of legally proving intent. After repeatedly hinting at
- police incompetence, brutality, and even corruption, the book ends
- with a rather weak statement implying that the situation is getting
- better. The common cracker assertion that if sysadmins don't want
- intruders, then they should secure their systems better, is followed
- up with no discussion of surveys showing only one full-time security
- person per five thousand employees, and only passing mention, by one
- of the ex-intruders, of the extreme difficulty in doing so. Poor
- family situations are used so frequently to justify illegal activities
- that one feels the need to point out that *most* products of "broken"
- homes do *not* become obsessive, paranoid loner criminals!
-
- It is interesting to see a book written about a non-US scene, and from
- a non-American perspective. Technically and journalistically,
- however, it has numerous problems.
-
- copyright Robert M. Slade, 1997 BKNDRGND.RVW 970723
-
- ------------------------------
-
- Date: Thu, 7 May 1997 22:51:01 CST
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 6--Cu Digest Header Info (unchanged since 7 May, 1997)
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost electronically.
-
- CuD is available as a Usenet newsgroup: comp.society.cu-digest
-
- Or, to subscribe, send post with this in the "Subject:: line:
-
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- End of Computer Underground Digest #10.05
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