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-
-
- ****************************************************************************
- >C O M P U T E R U N D E R G R O U N D<
- >D I G E S T<
- *** Volume 1, Issue #1.02 (April 2, 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer
- REPLY TO: TK0JUT2@NIU.bitnet
- SUBSCRIBE TO: INTERNET:TK0JUT2@NIU.BITNET@UICVM.uic.edu
-
- COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
- information among computerists and to the presentation and debate of
- diverse views.
- --------------------------------------------------------------------
- DISCLAIMER: The views represented herein do not necessarily represent the
- views of the moderators. Contributors assume all responsibility
- for assuring that articles submitted do not violate copyright
- protections.
- --------------------------------------------------------------------
-
- -------------------------------------------------------------------
- IN THIS ISSUE:
-
- File 1: Messages Received
- File 2: Hacking in England (news article)
- File 3: The FBI and BBS Surveillance (PHRACK Reprint)
- --------------------------------------------------------------------
-
- This is the third issue, and if you haven't received either of the first
- two even though you have subscribed, let us know. It means that mail is not
- getting through the gateway. If you know of anybody who has added their
- name to the mailing list but has not received any issues yet, let us know.
- We apologize for the problems, especially duplicate files, in the CuD 1.02
- mailing. We are still working out mailing glitches.
-
- As some of you noticed, file headers still contain the addresses of all
- those to whom the batch is sent. We have broken the batches down into
- groups of about 25, so you are only seeing a portion of the list. However,
- this is still unacceptable. We are working on the problem. Until then, we
- will either break batches down into groups of 5, or, most likely, send them
- out individually, which is a drag with about 150 subscribers. We are
- experimenting with LISTSERV, and have asked comserve for suggestions.
-
- If you know of anybody who has added their name to the mailing list but has
- not received any issues yet, let us know. We apologize for the problems,
- especially duplicate files, in the CuD 1.02 mailing. We are still working
- out mailing glitches.
-
- --------------------------------------------------------------
-
- We have received many, many requests of the files we listed. Providing an
- archive service may not have been one of our better ideas. At the moment
- (middle of the term) we don't have the time to comply with the heavy
- request load. But, we remain convinced that such an archival service is
- needed, because such files are not currently preserved in libraries. So,
- we are exploring options. We have encountered the following problems:
-
- 1. Time (or lack of it) and digging out files on an ad hoc basis
-
- 2. Size: Most of the ascii files are over 100 K, and some systems have
- kicked these back. A complete set of some files would run as high as 5
- megs, and to send these out would jam most systems, even if sent out over a
- few days.
-
- Possible solutions:
-
- 1. Upload them to a local (DeKalb) BBS from which they could be downloaded.
- We would have to obtain university permission, but there is currently a
- multi-line BBS here that could handle such requests.
-
- 2. Send them out by snail mail to anybody who wanted to send disks and a
- self-addressed, stamped envelop. We could then put them in a ZIP file to
- reduce space by about 60 percent and return them.
-
- Any other suggestions??
-
- From the material we're getting, it looks like we can put an issue out
- about once a week. We will send them in the early part of the week to avoid
- weekend mail-jams.
-
- --------------------------------------------------------------------
-
- "COMPUTER ABUSE" OR "CONTROLOGY?"
-
- In a forthcoming article (CONTEMPORARY CRISES, 1990), Ray Michalowski and
- Erdwin Pfuhl argue that in the years following the 1986 passage of the
- federal computer abuse laws, and despite additional state laws, there were
- very few prosecutions or indictments of hackers. Yet, in recent months,
- hacker prosecutions seem to be making local and national news. Is there
- *really* an upsurge in abuse, or are law enforcement authorities
- over-reacting to media hype and hysteria by dramatizing their "concern"
- through over-enforcement? Jason Ditton (in his book CONTROLOGY) and Mark
- Fishman have argued that too often "crime waves" are do not reflect an
- increase in unacceptable behaviors as much as they do social responses to
- public fears or publicity surrounding a given type of incident. More
- simply, there are often not "crime waves," but rather "control waves." To
- dramatize competency and effectiveness, government agencies and law
- enforcement officials respond to images of "danger" by dramatizing their
- concern in the form of "crackdowns." The current Draconian anti-drug
- legislation is one example. We suppose that the good news is that whenever
- the government declares war on something, it's been lost (witness the "war
- on poverty," the "war on crime," the "war on drugs"). This military
- metaphor does not work well as a social policy, but the repercussions are a
- fiscal drain and a gradual loss of Constitutional freedoms. If you come
- across stories in your local papers on any aspect of computer prosecution
- (use of computers in felonies, prosecution, indictments, or arrests of
- hackers, confiscation of computer equipment, etc.), please transcribe the
- articles (including source, date and page numbers), and pass them along.
- HOWEVER, BE SURE NO COPYRIGHTS ARE INFRINGED. We assume that contributors
- have checked, because we cannot check every article that comes in. Thanks.
-
- J&G
-
- --------------------------------------------------------------------
-
-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.02 / File 1 of 3 ***
- ***************************************************************
-
- From: mnemonic@walt.cc.utexas.edu(Mike Godwin)
- Message-Id: <9003311359.AA25162@vondrake.cc.utexas.edu>
- To: TK0JUT2%NIU.BITNET@UICVM.uic.edu
- Subject: Re: Computer Underground Digest, Issue 1.01
-
- Writes Mark Seiden:
-
- "(Note for the Tomorrow File: A new source of revenue for lawyers: store
- your hacker-client's backup tapes, which would then be protected as
- privileged communication?)"
-
- Unfortunately, backup tapes probably are probably not "privileged communication"
- within the meaning of attorney-client privilege. A court or magistrate could
- almost certainly order its production by the attorney in whose custody it was.
- The only possible theory of non disclosure that comes to mind is the
- work-product doctrine, and even that doctrine would apply only if the backup
- were made specifically for the purpose of preparing for litigation.
-
- In general, attorney-client privilege only applies to things that clients
- SAY (or write) to their attorneys, not things they GIVE to their attorneys.
-
- And, incidentally, the attorney-client privilege cannot, in itself, be "a
- source of revenue" for lawyers. Once you've contracted for an attorney-client
- relationship, your attorney has to keep privileged communications secret even
- if you *don't* ask him to or pay for him to.
-
- (You can, of course, give him specific permission to disclose such information.)
-
-
- --Mike
-
- ==============================================================================
-
- ----------------------------------
- Pat Townson of TELECOM DIGEST passed the following along to us. %eds%.
- Any responses?!?
- --------------------
-
- Subject: More L.O.D.
- To: "Submission to comp.dcom.telecom" <telecom@eecs.nwu.edu>
- Date: Mon, 2 Apr 90 16:03:54 EST
- From: Don H Kemp <dhk@teletech.uucp>
- Message-Id: <9004021603.AA12172@teletech.UUCP>
-
- As reported in AT&T's Consultant Liason Program electronic
- newsletter "Newsbriefs":
-
- >
- > LEGION OF DOOM -- ... A government affadavit alleged that in June
- > hackers believed to be Legion of Doom members planted software
- > "time bombs" in AT&T's 5ESS switching computers in Denver, Atlanta
- > and New Jersey. These programs ... were defused by AT&T security
- > personnel before they could disrupt phone service. ... New York
- > Newsday, p. 15, 4/1.
- >
-
- --
- Don H Kemp "Always listen to experts. They'll
- B B & K Associates, Inc. tell you what can't be done, and
- Rutland, VT why. Then do it."
- uunet!uvm-gen!teletech!dhk Lazarus Long
-
-
-
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- + END THIS FILE +
- +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.02 / File 2 of 3 ***
- ***************************************************************
-
- ------------------------------------
-
- Some English Members of Parliament seem as hell-bent on hysteria-mongering
- as some here in the U.S. The following was passed on from a Southerner who
- thought it of interest %eds%.
- --------------------------------------------------------
- Civil Liberties
- HACKED TO PIECES
- Jolyon Jenkins Refuses to Panic over Computer Crime
-
- %From NEW STATESMAN & SOCIETY, Feb. 9, 1990: p. 27%
-
- Why should anyone other than spotty youths and hi-tech fraudsters care
- about new legislation to ban computer hacking? For this reason: laws made
- in response to moral panic usually fail to catch the real villains and end
- up pushing back civil liberties for everyone else. The Computer Misuse
- Bill, published two weeks ago by Tory MP Michael Colvin and likely to
- become law, is just such a measure.
-
- The debate over hacking is like the panic over video nasties: a new
- technology which people view with suspicion, ill-founded anecdotal
- research, and overblown language. Emma Nicholson MP, who set this hare
- running with a private member's bill last year, is the chief culprit. In a
- recent interview with the SUNDAY CORRESPONDENT MAGAZINE she said that
- hackers were "malevolent, nasty, evil-doers" who "fill the screens of
- amateur %computer% users with pornography". She claimed that European
- Greens hack into the comupters of large companies and use the information
- they extract to carryout "bombings and fires". When asked to justify the
- allegations she produced a back copy of an anarchist magazine called
- INSURRECTION, whose contents fell somewhat short of the required proof, and
- then cited "unofficial secret-service trackers close to the Dutch
- government", who could not be named.
-
- Nicholson has produced a dossier of "hacking incidents" that she insists
- are so confidential that she refuses to reveal the sources to anyone, even
- the Law Commission, which recently completed an investigation of the
- subject. This makes it hard to assess the quality of her information. But
- one of the cases is identifiable and does not inspire confidence in the
- rest. It concerns someone who allegedly put a "logic bomb" in the computer
- system of a British airline. This is almost certainly the case of Jim
- McMahon who was prosecuted last year at Isleworth Crown Court. After three
- and a half weeks the judge stopped the case because he was satisfied that
- McMahon was innocent and that the most likely suspect was the chief
- prosecution witness. The police had fingered the wrong man--not because of
- any gap in the law but because they carried out their investigation
- incompetently. Nonetheless, the case apparently remains in the Nicholson
- dossier.
-
- The Colvin bill proposes to punish with six months in prison anyone who
- gains, or tries to gain, "unauthorised access" to information stored on a
- computer. Emma Nicholson is not wholly to blame, because the English Law
- Commission produced similar proposals last year. But they are still
- objectionable, for several reasons. First, it is like criminalising
- trespass. Someone who gains unauthorised access to PHYSICAL premises has
- not normally thereby committed a criminal offence, but only a tort, and it
- is up to the aggrieved part to start civil proceedings against the
- trespasser.
-
- Second, it means that information held on computer becomes property. In
- general, information is not protected by law: if I steal a piece of paper
- that has valuable facts written on it, it is only the paper I steal, not
- the facts. Information held in confidence can be protected (to an
- increasing extent) by law; copyright protects the FORM in which information
- is held; but you cannot copyright a fact--and the Colvin bill erodes that
- principle.
-
- Third, it won't prevent hacking. Emma Nicholson admitted as much in a
- debate at Imperial College last month. But she said that it was important
- that society should express its moral disapproval of hacking. Experience
- suggests that unenforceable moral disapproval is as likely to lead to an
- increase in the frowned-on activity as to a reduction.
-
- Fourth, almost all serious computer misuse can be brought before the courts
- under existing laws, such as fraud, criminal damage, or theft of
- electricity. And in a few years time, hacking by telephone will become
- virtually impossible, because System X phone exchanges will be able to tell
- the manager of a computer system the number someone is calling from.
-
- Many successful hacks depend on nothing more sophisticated than correctly
- guessing a password--such as when I correctly guessed that an ITN
- journalist had chosen as his password "ITN". The remedy may be equally
- straightforward: use less easily guessable passwords. Further restricting
- freedom of information is not the answer.
-
- ---- END ----
-
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- + END THIS FILE +
- +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.02 / File 3 of 3 ***
- ***************************************************************
-
- Following the discussion of FBI surveillance in CuD 1.02, the
- following was sent in. The contributor's anonymity is protected %eds.%
- -----------------------
- Date: Sun, 01 Apr 90 17:06 CDT
- Subject: FBI BBS Surveillence (PHRACK Article)
-
- ----------------------
-
- ==Phrack Inc.==
-
- Volume Two, Issue 23, File 10 of 12
-
- In The Spirit Of The Vicious Circle Trilogy...
- Phrack Inc. Presents
-
- *****************************************
- *** ***
- *** Big Brother Online ***
- *** ***
- *** by Thumpr Of ChicagoLand ***
- *** ***
- *** June 6, 1988 ***
- *** ***
- *** Special Thanks To Hatchet Molly ***
- *** ***
- *****************************************
-
- The United States Government is monitoring the message activity on several
- bulletin boards across the country. This is the claim put forth by Glen L.
- Roberts, author of "The FBI and Your BBS." The manuscript, published by The
- FBI Project, covers a wide ground of FBI/BBS related topics, but unfortunately
- it discusses none of them in depth.
-
- It begins with a general history of the information gathering activities of the
- FBI. It seems that that the FBI began collecting massive amounts of
- information on citizens that were involved with "radical political" movements.
- This not begin during the 1960's as one might expect, but rather during the
- 1920's! Since then the FBI has amassed a HUGE amount of information on
- everyday citizens... citizens convicted of no crime other than being active in
- some regard that the FBI considers potentially dangerous.
-
- After discussing the activities of the FBI Roberts jumps into a discussion of
- why FBI snooping on BBS systems is illegal. He indicates that such snooping
- violates the First, Fourth, and Fifth amendments to the Constitution. But he
- makes his strongest case when discussing the Electronic Communications Privacy
- Act of 1987. This act was amended to the Federal Wiretapping Law of 1968 and
- But as with all good laws, it was written in such broad language that it can,
- and does, apply to privately owned systems such as Bulletin Boards. Roberts
- (briefly) discusses how this act can be applied in protecting *your* bulletin
- board from snooping by the Feds.
-
- How to protect your BBS: Do NOT keep messages for more than 180 days. Becaus
- the way the law is written, messages less then 180 days old are afforded more
- protection then older messages. Therefore, to best protect your system purge,
- archive, or reload your message base about every 150 days or so. This seems
- silly but will make it harder (more red tape) for the government to issue a
- search warrant and inform the operator/subscriber of the service that a search
- will take place. Roberts is not clear on this issue, but his message is state
- emphatically... you will be better protected if you roll over your message bas
- sooner.
-
- Perhaps the best way to protect your BBS is to make it a private system. This
- means that you can not give "instant access" to callers (I know of very few
- underground boards that do this anyway) and you can not allow just anyone to b
- a member of your system. In other words, even if you make callers wait 24
- hours to be validated before having access you need to make some distinctions
- about who you validate and who you do not. Your BBS needs to be a PRIVATE
- system and you need to take steps to enforce and proclaim this EXPECTED
- PRIVACY. One of the ways Roberts suggests doing so is placing a message like
- this in your welcome screen:
-
- "This BBS is a private system. Only private citizens who are not
- involved in government or law enforcement activities are authorized
- gained from this system to any government agency or employee."
-
- Using this message, or one like it, will make it a criminal offense (under the
- ECPA) for an FBI Agent or other government snoop to use your BBS.
-
- The manuscript concludes with a discussion of how to verify users and what to
- do when you find an FBI agent using your board. Overall, I found Roberts book
- to be moderately useful. It really just whetted my appetite for more
- information instead of answering all my questions. If you would like a copy o
- the book it sells for $5.00 (including postage etc). Contact;
-
- THE FBI PROJECT
- Box 8275
- Ann Arbor, MI 48107
-
- Visa/MC orders at (313) 747-7027. Personally I would use a pseudonym when
- dealing with this organization. Ask for a catalog with your order and you wil
- the FBI would be interested in knowing who is doing business with this place.
- The manuscript, by the way, is about 20 pages long and offers references to
- other FBI expose' information. The full citation of the EPCA, if you want to
- look it up, is 18 USC 2701.
-
- Additional Comments: The biggest weakness, and it's very apparent, is that
- Roberts offers no evidence of the FBI monitoring BBS systems. He claims that
- they do, but he does not give any known examples. His claims do make sense
- however. As he states, BBS's offer a type of "publication" that is not read b
- any editors before it is "published." It offers an instant form of news and
- one that may make the FBI very nervous. Roberts would do well to include some
- supportive evidence in his book. To help him out, I will offer some here.
-
- * One of the Ten Commandments of Phreaking (as published in the
- famous TAP Magazine) is that every third phreaker is an FBI agent.
- This type of folklore knowledge does not arise without some kind of
- justification. The FBI is interested in the activities of phreakers
- and is going to be looking for the BBS systems that cater to them. I
- your system does not, but it looks like it may, the FBI may monitor i
- just to be sure.
-
- * On April 26, 1988 the United States Attorney's Office arrested 19
- people for using MCI and Sprint credit card numbers illegally. These
- numbers were, of course, "stolen" by phreakers using computers to hac
- them out. The Secret Service was able to arrest this people by posin
- as phone phreaks! In this case the government has admitted to placin
- there, the success of theis "sting" will only mean that they will try
- it again. Be wary of people offering you codes.
-
- * In the famous bust of the Inner Circle and the 414s, the FBI monitore
- electronic mail for several months before moving in for the kill.
- While it is true that the owners of the systems being hacked (Western
- Union for one) invited the FBI to snoop through their files, it does
- establish that the FBI is no stranger to the use of electronic
- snooping in investigating crimes.
-
- Conclusion: There is no reason to believe that the government is *not*
- monitoring your bulletin board system. There are many good reasons to believe
- that they are! Learn how to protect yourself. There are laws and regulations
- in place that can protect your freedom of speech if you use them. You should
- take every step to protect your rights whether or not you run an underground
- system or not. There is no justification for the government to violate your
- rights, and you should take every step you can to protect yourself.
-
- I have no connections with Roberts, his book, or The FBI Project other then
- being a mostly-satisfied customer. I'm not a lawyer and neither is Roberts.
- No warranty is offered with this text file. Read and use it for what you thin
- it is worth. You suffer the consequences or reap the benefits. The choice is
- yours, but above all stay free.
-
-
- =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
- + END CuD #1.02 +
- +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
- !