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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 #1.13 (June 12, 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer
- REPLY TO: TK0JUT2@NIU.bitnet
-
- 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: Moderators' Editorial: The Chilling Effect Hits Home
- File 2: A Hacker's Perspective (by Johnny Yonderboy)
- File 3: Len Rose Information and Commentary
- File 4: Response to Telecom Digest's Views (by Emmanuel Goldstein)
- File 5: Reprinted Editorial on Steve Jackson Games
- --------------------------------------------------------------------
-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.11 / File 1 of 5 ***
- ***************************************************************
-
- *** THE CHILLING EFFECT HITS CuD ***
-
- Craig Niedorf was arraigned for a second time on June 12. CuD 1.14 will
- have a detailed article on the arraignment on Friday, but our preliminary
- analysis of Tuesday's events suggests that the witch hunt continues in full
- force. Several of the charges were dropped, but new ones were added based
- on articles Craig allegedly wrote. It appears that the definition of
- "forbidden information" grows wider as the Secret Service and zealous
- federal prosecutors show their commitment to law and order by trampling the
- First Amendment. If Craig is convicted, the implications are serious. All
- persons who currently, or have in the past, written, distributed, or
- received "forbidden knowledge"--knowledge which is defined as illegal only
- after the fact--may be vulnerable to prosecution. More serious is the
- possibility that those who agents feel may possess such information may
- have their equipment confiscated in the sweep for evidence.
-
- We have found that in attempting to acquire information about the current
- indictments, much of the information is "closed," whether officially or
- because of the attempt to control information flow by prosecutors. For
- example, in the federal district court in Chicago, staff either cannot or
- will not release *any* information, and all queries are referred to Bill
- Cook. If Mr. Cook is not available or choses not to return calls,
- obtaining accurate information becomes nearly impossible.
-
- In fifteenth century England, the Star Chamber was a powerful tribunal
- feared for its often capricious way of dispensing justice, often in
- secrecy, and for the political overtones it acquired in suppressing
- "enemies of the state." The current handling of federal investigation into
- the CU in many ways resembles the dread Star Chamber. Information is
- tightly guarded, secrecy is maintained, it seems to function as much as a
- device to inspire fear (judging from comments by agents) as to dispense
- justice, because those whose equipment has been confiscated without a
- subsequent indictment or without reasonable opportunity for successful
- appeal have no open trial, and the charges, while seemingly precise on
- paper, do not seem to match the facts as presented by the tribunal. In
- short, in Operation Sun Devil, the judicial system seems to have broken
- down.
-
- In 1985, then-U.S. Attorney General Edwin Meese was asked the following by
- an interviewer:
-
- "You criticize the Miranda Ruling, which gives suspects the right to
- have a lawyer present before police questioning. Shouldn't people, who
- may be innocent, have such protection?
-
- Meese replied:
-
- Suspects who are innocent of a crime should. But the thing is, you
- don't have many suspects who are innocent of a crime. That's
- contradictory. If a person is innocent of a crime, then he is not a
- suspect.
-
- The power to name the world provides a non-coercive, yet effective, means
- of imposing preferred doctrines and corresponding behaviors on others.
- Hyper-active law enforcement agents seem to have learned from Meese and are
- first defining--after the fact--"crimes" of information acquisition,
- control, and dissemination as "illegal," and innocence or guilt do not seem
- to matter. Granted, courts may ultimately vindicate one who has been
- indicted, but not after considerable financial and emotional hardship.
- Those who merely possess evidence may not be indicted, but may nonetheless
- suffer, as have Steve Jackson and others, the loss of equipment vital to
- their work.
-
- There is also a chilling effect that occurs with a system of justice in
- which "crimes" are so loosely defined. Should sysops and others
- self-censor themselves out of fear of possible government reprisals? We at
- CuD provide CU archives for several reasons. First, as a teaching aid, it
- provides information for students wishing to write term papers on the CU.
- Without this information, they could not learn. CU documents also provide
- helpful handouts for lectures, speeches, and other public presentations.
- The chilling effect of suppression of first amendment rights and not
- knowing in advance what is considered lawful and what is not--even when
- nothing appears illegal on its surface--stifles academic freedom.
-
- Second, we offer the archives for research purposes. As professional
- scholars, we find that to limit access to what is the *only* source of
- material of this kind inhibits inquiry in a way way that is simply
- unacceptable in a democratic society. Much of our own information has come
- from the variety of publications put out by various CU groups. To
- criminalize publishing this material or making it available to other
- like-minded scholars subverts the very principles of scholarship. If we
- cite the infamous E911 file, innocuous as it may be, we, as scholars, are
- required to have read it and to either produce it or indicate a source
- where it can be found. That is the nature of science. We find the current
- witch hunt mentality to have a serious repercussions for social science.
- Should we adopt the "CYA" syndrome and change research directions? Or
- should we pursue our inquiry and risk possible repercussions?
-
- Finally, we make archives available for the layperson who simply wishes to
- more fully understand what the fuss is about. An informed public is an
- enlightened public, but it seems that the government has decided for us
- what the public can and cannot learn.
-
- We have both directly and indirectly invited members of law enforcement to
- respond, to participate in dialogue, to give us a reasoned response to the
- current "crackdown." None have. We have no wish to attack those who, in
- good faith, may believe they are protecting society. But, neither do we
- desire to become victims of the current purge.
-
- Within the past two weeks, there seems to be a backlash--not by
- hackers--but by established business persons, computer hobbyists,
- academics, politicians, and others, who recognize the danger of the current
- sweeps to civil liberties. We hope that others will also understand that,
- when freedom of speech and freedom to share information is threatened, a
- serious threat does indeed exist. THIS THREAT DOES NOT COME FROM THE CU!
-
-
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- END C-u-D, #1.13 +
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-
- ***************************************************************
- *** Computer Underground Digest Issue #1.13 / File 2 of 5 ***
- ***************************************************************
-
-
- * * * A Hacker's Perspective * * *
-
-
- ...insights into Operation Sun Devil...
-
- ...from the OTHER side...
-
- by Johnny Yonderboy
-
-
- A long time ago, in a land far, far away, hacking and phreaking were
- safe, relatively painless hobbies to get into. People did not have major
- law enforcement agencies hunting them down...huge bureaus weren't devoted
- to the eradication of this crime. When caught, the usual punishment was to
- simply be billed for the act that you perpetrated. Even myself, when I was
- busted for illegally using AT&T credit cards, only received a stiff bill.
- When they did prosecute further, the sentencing was designed to punish you
- for your deviance, but also commended you on your cleverness.
-
- That was a long time ago, and I came in on the tail end of the Golden
- Age of Phreaking/Hacking. Phreaking was easy, and hacking was young.
- Those who could hack in those days were also those who got the better jobs.
- Those who couldn't, phreaked. And those who didn't fool around with that
- "illegal nonsense" wrote bulletin board software. Life was simple, and
- social divisions were even moreso.
-
- Today, however, things are quite different.
-
- An average bulletin board today can expect to be visited by a major law
- enforcement agency (the FBI, the SS) about once a year. Most of the time,
- you won't even know who is intruding upon your sacred privacy. These
- visits are standard practice to be expected on the elite boards - a status
- symbol, if you will. But to a normal user, this is terrifying. And among
- non-computer users, this type of practice is totally unheard of. You might
- scoff, but consider this - say you were a member of the NRA, and you had
- weekly meetings (if indeed the NRA has weekly meetings). Suppose a federal
- agent started sitting in at your meetings, looking for illegal activity.
- Not participating, not speaking, but just watching. Would the NRA stand
- for it? Not just no, but HELL NO! But as members (even legitimate ones)
- of the computer-using community, we are supposed to accept this, as blindly
- and complacently as we accept income tax. Sure, there is a law being
- broken on certain boards, but what about those boards that are legitimate?
- Or, what about the times on elite boards that the conversation is centered
- around something besides illegal matters? Are we to always accept these
- KGB-like raids upon our homes as well? Or how about the seizure of our
- personal property? Which, notably, there is no guarantee of it's return if
- you are proven innocent. If we accept these things, (i.e. surveillance,
- raids, seizures, etc.) how much farther will we let them go before we have
- to put them in check?
-
- Indeed, it is easy to state that what hackers are doing mandates this
- type of personal infringement. But by all definitions of "personal
- rights", the actions taken by the involved law enforcement agencies in
- Operation Sun Devil go beyond what is democratic and free, and begins to
- step into the formation of a police state. The distribution of information
- is heavily controlled in Communist Russia. As they take steps towards
- democracy with Glasnost, are we also to take steps towards totalitarianism?
-
- The media used to play us up to be high-tech folk heroes. With this
- new computer-phobia on the rise, we are the electronic mafia. We, the
- Computer Underground, have no say over this - it has happened. But what
- are we, really? Are we pranksters, attacking in the middle of the night to
- scrawl obscenities in email? Sure, this has happened, and a lot of damage
- has been done both to victim computers as well as to the reputation of the
- Computer Underground as a whole. Are we high-tech hooligans burglarizing
- systems for their valuable data, to sell to the highest bidder? The
- infamous E911 document which was stolen is proof of that. Did the involved
- parties sell that material? Indeed not. They were going to distribute
- that information to the general public. Are we political subversives
- trying to overthrow the government? Indeed not. While some of us may have
- radical political ideas, none of us get tied up in outside government for
- any reason beyond what effects us here (sorry for the broad
- generalization...some of us ARE political subversives...). So, what
- exactly are we trying to do?
-
- To go further. To stay online longer. To do more. Not to be able to
- destroy more, but to simply be able to do more on the national networks.
- The end goal of all this hacking, cracking and phreaking is to be able to
- exchange information with people all over the world. This is not always
- economically feasible, so illegal methods have to be employed. How many of
- YOU can say that you would go to any limits to achieve something that you
- wanted? Is this "ambition" a bad thing? Indeed not.
-
- Laying judgements down on us doesn't solve a thing. Saying that you
- don't agree with what we do, but you don't like what is being done to us is
- supportive, but you have to make your own judgements in the long run
- anyhow. If you have never done it, then you will never be able to
- understand why we do this.
-
- This should about wrap up what I have to say. If you have any comments
- or such, then please mail them to the editors here at CuD.
-
-
-
- -=* Keep the flames burning,
-
- AND DON'T LET PHREAKING/HACKING DIE!!! *=-
-
-
-
- ... Johnny Yonderboy ...
-
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- + END THIS FILE +
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-
-
- ***************************************************************
- *** Computer Underground Digest Issue #1.13 / File 3 of 5 ***
- ***************************************************************
-
- -----------------
- %The contributor of the following requested anonymity%
- ------------------
-
-
- Here is a interesting message I found posted in the Telecom newsgroup on
- USENET today ([* are my comments *]:
- ********************************************************************
-
- Subject: "Legion of Doom" Indictment Date: 30 May 90 16:42:21 GMT Sender:
- news@accuvax.nwu.edu Organization: TELECOM Digest
-
- Computer Consultant Could get 32 Years If Convicted of Source-Code Theft
-
- Baltimore - A Middletown, Md., man faces as many as 32 years in prison and
- nearly $1 million in fines if convicted of being involved in the "Legion of
- Doom" nationwide group of Unix computer buffs now facing the wrath of
- federal investigators.
-
- [* I thought the LOD was a group interested in all types of computer
- operating systems....I guess now they are Unix gurus *]
-
- The U.S. Attorney's Office here on May 15 announced the indictment of
- Leonard Rose, 31, a computer consultant also known as "Terminus," on
- charges that he stole Unix source code from AT&T and distributed two
- "Trojan Horse" programs designed to allow for unauthorized access to
- computer systems. Incidents occurred between May, 1988 and January, 1990,
- according to the indictment.
-
- The five-count indictment, handed down by a federal grand jury, charges
- Rose with violations of interstate transportation laws and the federal
- Computer Fraud and Abuse Act. Rose faces as many as 32 years in prison,
- plus a maximum fine of $950,000.
-
- He is the third person to be indicted who was accused of being connected
- with the so-called Legion of Doom. Robert J. Riggs, a 21-year-old DeVry
- Institute student from Decatur, Ga., and Craig M. Neidorf, 19, a
- University of Missouri student from Columbia, Mo., also have been indicted.
-
- [* This is getting pretty ridiculous about Craig Neidorf being in the LOD,
- he was the editor of Phrack magazine. I guess since security and
- commercial types subscribed to Phrack, he is also part of there
- organizations. Geeshh...I wonder how many groups the editors of CUD
- belong to also based on who their readers are...*]
-
- Rose's indictment stemmed from a federal investigation that began in
- Chicago and led investigators to Missouri and Maryland, assistant U.S.
- Attorney David King said. While executing a search warrant in Missouri,
- investigators uncovered evidence Rose was transporting stolen Unix 3.2
- source code, King said. Investigators then obtained a warrant to search
- Rose's computer system and found the stolen source code, King added.
-
- He said the Trojan Horse programs were substitutes for a legitimate sign-in
- or log-in program, with a separate shell for collecting user log-ins or
- passwords.
-
- [* The question is was he caught using those programs to acquire
- pass-words? Or is this an assumption by the government??? I guess
- writing or having specific public domain programs is against the law.*]
-
- "Whoever substituted [the Trojan Horse program] could get passwords to use
- the system any way he or she wanted to," King said.
-
- The indictment was a result of a long-term investigation by the U.S. Secret
- Service, and was issued one week after federal authorities raided computer
- systems at 27 sites across the United States. Investigators seized 23,000
- computer disks from suspects accused of being responsible for more than $50
- million in thefts and damages. The Secret Service at that time announced
- that five people have been arrested in February in connection with the
- investigation.
-
- King said he was unaware if Rose indictment was related to the raids made
- earlier this month.
-
- "We don't just go out and investigate people because we want to throw them
- in jail. We investigate them because they commit an offense. The grand
- jury was satisfied," King said.
-
- [* I wonder how many copies (non-site licensed) of software exist in the
- State Office building (ie. Word Perfect, Lotus, etc.) or in the homes of
- the employees. That would be considered illegal. *]
-
- The U.S. Attorney's Office said the investigation revealed individuals had
- accessed computers belonging to federal research centers, schools and
- private businesses. King would not name any of the victims involved.
-
- Rose was associated with the Legion of Doom and operated his own computer
- system known as Netsys, according to the indictment. His electronic mailing
- address was Netsys!len, the document said.
-
- The Legion, according to the indictment, gained fraudulent, unauthorized
- access to computer systems for the purpose of stealing software; stole
- proprietary source code and other information; disseminated information
- about gaining illegal access, and made telephone calls at the expense of
- other people.
-
- Well that is the latest in the Summer '90 busts. I just hope that everyone
- arrested by the government receives as fair a deal that Robert Morris
- received for his little prank. Because I doubt Mr. Morris was given
- special treatment because his dad works for the NSA...
-
-
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- + END THIS FILE +
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- ***************************************************************
- *** Computer Underground Digest Issue #1.13 / File 4 of 5 ***
- ***************************************************************
-
- *** CRITIQUE OF TELECOM DIGEST'S POSITON ON THE CURRENT BUSTS ***
- (By Emmanuel Goldstein)
-
-
- =====================
- It's real disturbing to read the comments that have been posted recently on
- Telecom Digest concerning Operation Sun Devil and Mitch Kapor's involvement.
- While I think the moderator has been chastised sufficiently, there are still a
- few remarks I want to make.
-
- First of all, I understand the point he was trying to get across. But I think
- he shot from the hip without rationalizing his point first, thereby leaving
- many of us in a kind of stunned silence. If I understand it correctly, the
- argument is: Kapor says he wants to help people that the moderator believes
- are thieves. Therefore, using that logic, it's okay to steal from Kapor.
-
- Well, I don't agree. Obviously, Kapor DOESN'T believe these people are
- criminals. Even if one or two of them ARE criminals, he is concerned with all
- of the innocent bystanders that are being victimized here. And make no mistake
- about that - there are many innocent bystanders here. I've spoken to quite a
- few of them. Steve Jackson, Craig Neidorf, the friends and families of people
- who've had armed agents of the federal government storm into their homes and
- offices. It's a very frightening scenario - one that I've been through myself.
- And when it happens there are permanent scars and a fear that never quite
- leaves. For drug dealers, murderers, hardened criminals, it's an acceptable
- price in my view. But a 14 year old kid who doesn't know when to stop
- exploring a computer system? Let's get real. Do we really want to mess up
- someone's life just to send a message?
-
- I've been a hacker for a good part of my life. Years ago, I was what you
- would call an "active" hacker, that is, I wandered about on computer systems
- and explored. Throughout it all, I knew it would be wrong to mess up data or
- do something that would cause harm to a system. I was taught to respect
- tangible objects; extending that to encompass intangible objects was not
- very hard to do. And most, if not all, of the people I explored with felt
- the same way. Nobody sold their knowledge. The only profit we got was an
- education that far surpassed any computer class or manual.
-
- Eventually, though, I was caught. But fortunately for me, the witch-hunt
- mentality hadn't caught on yet. I cooperated with the authorities, explained
- how the systems I used were flawed, and proved that there was no harm done. I
- had to pay for the computer time I used and if I stayed out of trouble, I
- would have no criminal record. They didn't crush my spirit. And the computers
- I used became more secure. Except for the fear and intimidation that occurred
- during my series of raids, I think I was dealt with fairly.
-
- Now I publish a hacker magazine. And in a way, it's an extension of that
- experience. The hackers are able to learn all about many different computer
- and phone systems. And those running the systems, IF THEY ARE SMART, listen
- to what is being said and learn valuable lessons before it's too late.
- Because sooner or later, someone will figure out a way to get in. And you'd
- better hope it's a hacker who can help you figure out ways to improve the
- system and not an ex-employee with a monumental grudge.
-
- In all fairness, I've been hacked myself. Someone figured out a way to break
- the code for my answering machine once. Sure, I was angry. At the company.
- They had no conception of what security was. I bought a new machine from a
- different company, but not before letting a lot of people know EXACTLY what
- happened. And I've had people figure out my calling card numbers. This gave
- me firsthand knowledge of the ineptitude of the phone companies. And I used
- to think they understood their own field! My point is: you're only a victim
- if you refuse to learn. If I do something stupid like empty my china cabinet
- on the front lawn and leave it there for three weeks, I don't think many
- people will feel sympathetic if it doesn't quite work out. And I don't think
- we should be sympathetic towards companies and organizations that obviously
- don't know the first thing about security and very often are entrusted with
- important data.
-
- The oldest hacker analogy is the walking-in-through-the-front-door-and-
- rummaging-through-my-personal-belongings one. I believe the moderator
- recently asked a critic if he would leave his door unlocked so he could drop
- in and rummage. The one fact that always seems to be missed with this
- analogy is that an individual's belongings are just not interesting to
- someone who simply wants to learn. But they ARE interesting to someone who
- wants to steal. A big corporation's computer system is not interesting to
- someone who wants to steal, UNLESS they have very specific knowledge as to
- how to do this (which eliminates the hacker aspect). But that system is a
- treasure trove for those interested in LEARNING. To those that insist on
- using this old analogy, I say at least be consistent. You wouldn't threaten
- somebody with 30 years in jail for taking something from a house. What's
- especially ironic is that your personal belongings are probably much more
- secure than the data in the nation's largest computer systems!
-
- When you refer to hacking as "burglary and theft", as the moderator
- frequently does, it becomes easy to think of these people as hardened
- criminals. But it's just not the case. I don't know any burglars or
- thieves, yet I hang out with an awful lot of hackers. It serves a definite
- purpose to blur the distinction, just as pro-democracy demonstrators are
- referred to as rioters by nervous leaders. Those who have staked a claim
- in the industry fear that the hackers will reveal vulnerabilities in their
- systems that they would just as soon forget about. It would have been very
- easy for Mitch Kapor to join the bandwagon on this. The fact that he
- didn't tells me something about his character. And he's not the only one.
-
- Since we published what was, to the best of my knowledge, the first pro-hacker
- article on all of these raids, we've been startled by the intensity of the
- feedback we've gotten. A lot of people are angry, upset, and frightened by
- what the Secret Service is doing. They're speaking out and communicating their
- outrage to other people who we could never have reached. And they've
- apparently had these feelings for some time. Is this the anti-government bias
- our moderator accused another writer of harboring? Hardly. This is America at
- its finest.
-
- Emmanuel Goldstein
- Editor, 2600 Magazine - The Hacker Quarterly
-
- emmanuel@well.sf.ca.us po box 752, middle island, ny 11953
-
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- + END THIS FILE +
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- *** Computer Underground Digest Issue #1.13 / File 5 of 5 ***
- ***************************************************************
-
-
- ------------------------------
-
- Date: 27 May 90 03:50:07 EDT (Sun)
- From: aha@m-net.ann-arbor.mi.us (Brian Sherwood)
- Subject: Steve Jackson Games & A.B. 3280
-
- > Computer Gaming World (Golden Empire Publications)
- > June, 1990, Number 72, Page 8
- > Editorial by Johnny L. Wilson
-
- It CAN Happen Here
-
- Although Nobel Prize-winning novelist Sinclair Lewis is probably best
- known for 'Main Street', 'Babbitt', 'Elmer Gantry', and 'Arrowsmith', my
- personal favorites are 'It Can't Happen Here' and 'Kingsblood Royal'. The
- latter is an ironic narrative in which who suffers from racial prejudice
- toward the black population discovers, through genealogical research, that
- he himself has black ancestors. The protagonist experienced a
- life-challenging discovery that enabled Lewis to preach a gospel of civil
- rights to his readership.
-
- The former is, perhaps, Lewis' most lengthy novel and it tells how a
- radio evangelist was able to use the issues of morality and national
- security to form a national mandate and create a fascist dictatorship in
- the United States. As Lewis showed how patriotic symbolism could be
- distorted by power-hungry elite and religious fervor channeled into a
- political movement, I was personally shaken. As a highschool student,
- reading this novel, for the first time, I suddenly realized what lewis
- intended for his readers to realize. "It" (a dictatorship) really CAN
- happen here, There is an infinitesimally fine line between protecting the
- interests of society and encumbering the freedoms of the self-same society
- in the name of protection.
-
- Now it appears that the civil liberties of game designers and gamers
- themselves are to be assaulted in the name of protecting society. In
- recent months two unrelated events have taken place which must make us
- pause: the raiding of Steve Jackson Games' offices by the United States
- Secret Service, and the introduction of A.B. 3280 into the California State
- Assembly by Assemblyperson Tanner.
-
- On March 1, 1990, Steve Jackson Games (a small pen and paper game
- company) was raided by agents of the United States Secret Service. The
- raid was allegedly part of an investigation into data piracy and was,
- apparently, related to the latest supplement from SJG entitled, GURPS
- Cyberpunk (GURPS stands for Generic Universal Role-Playing System). GURPS
- Cyberpunk features rules for a game universe analogous to the dark futures
- of George Alec Effinger ('When Gravity Fails'), William Gibson
- ('Neuromancer'), Norman Spinrad ('Little Heroes'), Bruce Sterling ('Islands
- in the Net'), and Walter Jon Williams ('Hardwired').
-
- GURPS Cyberpunk features character related to breaking into networks and
- phreaking (abusing the telephone system).Hence, certain federal agents are
- reported to have made several disparaging remarks about the game rules
- being a "handbook for computer crime". In the course of the raid (reported
- to have been conducted under the authority of an unsigned photocopy of a
- warrant; at least, such was the only warrant showed to the employees at
- SJG) significant destruction allegedly occurred. A footlocker, as well as
- exterior storage units and cartons, were deliberately forced open even
- though an employee with appropriate keys was present and available to lend
- assistance. In addition, the materials confiscated included: two
- computers, an HP Laserjet II printer, a variety of computer cards and
- parts, and an assortment of commercial software. In all, SJG estimates
- that approximately $10,000 worth of computer hardware and software was
- confiscated.
-
- The amorphous nature of the raid is what is most frightening to me. Does
- this raid indicate that those who operate bulletin board systems as
- individuals are at risk for similar raids if someone posts "hacking"
- information on their computer? Or does it indicate that games which
- involve "hacking" are subject to searches and seizures by the federal
- government? Does it indicate that writing about "hacking" exposes one to
- the risk of a raid? It seems that this raid goes over the line of
- protecting society and has, instead, violated the freedom of its citizenry.
- Further facts may indicate that this is not the case, but the first
- impression strongly indicates an abuse of freedom.
-
- Then there is the case of California's A.B 3280 which would forbid the
- depiction of any alcohol or tobacco package or container in any video game
- intended primarily for use by minors. The bill makes no distinction
- between positive or negative depiction of alcohol or tobacco, does not
- specify what "primarily designed for" means, and defines 'video game' in
- such a way that coin-ops, dedicated game machines, and computer games can
- all fit within the category.
-
- Now the law is, admittedly, intended to help curb the use and abuse of
- alcohol and tobacco among minors. Yet the broad stroke of the brush with
- which it is written limits the dramatic license which can be used to make
- even desirable points in computer games. For example, Chris Crawford's
- 'Balance of the Planet' depicts a liquor bottle on a trash heap as part of
- a screen talking about the garbage problem. Does this encourage alcohol
- abuse? In 'Wasteland', one of the encounters involves two winos in an
- alley. Does their use of homemade white lightening commend it to any
- minors that might be playing the game?
-
- One of the problems with legislating art is that art is designed to both
- reflect and cast new light and new perspectives on life. As such,
- depiction of any aspect of life may be appropriate, in context.
- Unfortunately for those who want to use the law as a means of enforcing
- morality, laws cannot be written to cover every context.
-
- We urge our California readers to oppose A.B. 3280 and help defend our
- basic freedoms. We urge all of our readers to be on the alert for any
- governmental intervention that threatens our freedom of expression. "It"
- not only CAN happen here, but "it" is very likely to if we are not careful.
-
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