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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 #1.24 (July 22, 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer
- ARCHIVISTS: Bob Krause / Alex Smith
- 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.
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
-
- CONTENTS:
-
- File 1: Moderators' Comments
- File 2: Neidorf Trial: The First Day
- File 3: Electronic Frontier Update (John Perry Barlow)
- File 4: Press Release from Atlanta Prosecutor on LoD Guilty Pleas
- File 5: CU in the News
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- ----------------------------------------------------------------------
-
- ********************************************************************
- *** CuD #1.24, File 1 of 4: Moderators' Comments ***
- ********************************************************************
-
- ++++++++++
- In this file:
- 1) Craig Neidorf's Trial
- 2) Revisions of 1986 Computer Crime Bill
-
- +++++++++++++++++++++++++++++
- CRAIG NEIDORF'S TRIAL
- +++++++++++++++++++++++++++++
-
- Jury selection for Craig Neiforf's trial began today (July 23). File #2
- (this issue) contains a summary of events. Several CuDites (including the
- moderators) will divide attending duties for the duration and will keep
- readers informed. The trial is expected to last at least two weeks. The
- prosecution is expected to take a week to develop its case, and the defense
- will take at least a week to respond. The defense requested a jury trial,
- and much of the strategy for both sides will be an attempt to educate the
- jury without blowing them away with technical jargon. It also appears
- that, as part of their plea agreement, at least one of the LoD defendants
- will testify for the prosecution. Sentencing for the LoD defendants will
- occur in September, giving great incentive to them for "cooperating"
- against Neidorf. A source who interviewed an assistant attorney working on
- the Atlanta case indicated that the proseuction will ask for the judge to
- "depart downward" from the sentencing guidelines if there is "complete
- cooperation" from Riggs on other cases.
-
- ++++++++++++++++++
- Revisions of Title 18 / Federal Computer Abuse Act
- +++++++++++++++++++
-
- There is currently a move afoot to revise the federal computer fraud and
- abuse statute of 1986. File 4 contains a news story describing the nature
- of some of the proposed revisions. Any revisions that will further enlarge
- the scope of prosecutable offenses is unacceptable, and CuD will watch the
- progress and keep readers informed.
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- ********************************************************************
- *** CuD #1.24: File 2 of 5: First day of the Neidorf Trial ***
- ********************************************************************
-
- We have two separate reports from the opening day of Craig Neidorf's trial.
- The first comes from Gordon Meyer, and the second from an anonymous
- contributor.
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
-
- TO: >INTERNET:TK0JUT2%NIU.BITNET@UICVM.UIC.EDU
- RE: ARTICLE ON JURY SELECTION
-
- 7/23/90 Chicago, IL.
-
- The jury selection in case # 90 CR 70 (United States v. Craig Neidorf) was
- completed today. Although opening statements were also scheduled to begin
- the selection of jurors, while not overly arduous, did perhaps take longer
- than was anticipated. Courtroom observers were overheard remarking that
- Judge Bua seemed to be a bit more cautious and in-depth in his questioning
- than usual.
-
- The Government was represented by a team of three attorneys, headed by Bill
- Cook. Also in attendance was agent Foley of the US Secret Service. The
- prosecution team brought along two "shopping carts" full of binders and
- boxes of paper, along with an easel and several charts of some sort.
- However none of this was utilized as the trial never proceeded to the
- opening comments, which are now scheduled to begin at 10am tomorrow
- morning. (Room 2503, Dirksen Federal Building. Jackson and Dearborn.)
-
- Defendant Neidorf, dressed in a blue blazer and khaki pants, was seated
- next to his attorney, Sheldon Zenner. (Who, by the way, looks a bit like
- George Will.) Also in attendance, though seated in the gallery, were
- Craig's parents, his grandparents, Dorothy Denning (who will be testifying
- later in the trial), and several other lawyers and staff from Katten,
- Muchin, and Zavis (the firm with which Zenner is associated).
-
- Bua's opening remarks to the prospective jurors included a brief summary of
- the charges and an admonishment that an indictment does not neccesary translate
- into guilt. Bua's questions to each of the jurors, after they were called
- to sit in the jury box for consideration, included the traditional "where
- do you live" and "what magazines do you subscribe to" questions, but also
- included specific inquiries into grievances or affiliation with Bell
- South/AT&T/Illinois Bell, association with Craig's college fraternity
- (ZBT), and use/knowledge of computers. Jurors were also queried as to
- whether or not they had any idea what a computer bulletin board was, and if
- they had ever used one.
-
- The process of juror selection took over four hours and thirty minutes
- (excluding recesses). During this time several people were excused from
- the selection pool for various reasons. In Federal court the Judge queries
- the jurors, with the counsel for each party communicating their "vote" via
- written messages. Therefore, it is difficult to say for sure whether the
- defense or prosecution wished to exclude which individuals. (It is also
- possible that a potential juror be excluded for other reasons as well, such
- as knowing a witness or something.) Never the less, it seemed quite
- obvious why some people were not chosen. Some, for example, turned out to
- be Bell South and/or AT&T stockholders. Another had a husband who worked
- for Motorola Cellular (which has ties to Bell South Mobile). One man had
- served on three juries, and one grand jury previously. And finally there
- was Catholic priest who had studied Constitutional law, been involved in an
- ACLU sponsored law suit against the state of Colorado, and been involved in
- various other litigations.
-
- Here then, is a thumbnail sketch of each jury member that was selected.
- (The first six were selected and sworn in before lunch, the next six and
- the alternates that afternoon.) The information here has been gleaned from
- their selection interviews and is presented so as to get a better idea of
- the "peers" that will judge Mr. Neidorf.
-
- 1. Male, white, mid to late 20's. Works in an orthopedic surgeons office.
- Has computer experience in using SPSSx-PC, 1-2-3, and various other
- number-crunching applications. Doesn't subscribe to any magazines.
-
- 2. Elderly white female. Retired, but used to work at a Hallmark store.
- No computer experience.
-
- 3. Female, white, mid to late 40's. Teaches court reporting at a trade
- school, has never worked as a court reporter. Has some computer
- experience with word processing and spreadsheets.
-
- 4. Female, white. Middle aged. Former City Clerk (elected) of a Chicago
- suburb. No computer experience. Subscribes to Readers Digest.
-
- 5. Male, White, late 30's. Passenger pilot for American Airlines.
- Subscribes to Compute! magazine. Has a PC at home. The only juror to
- have ever used a BBS (one set up by American for use by the pilots).
-
- 6. Female, Afro-American. Works as a school volunteer and a baby sitter.
- Has used history teaching programs on Apple PC's at Malcom X College.
-
- 7. Female, Afro-American. Works in claims underwriting at CNA.
- Experience in word processing and using LAN based PC's. Former Illinois
- Bell and AT&T employee.
-
- 8. Female, Afro-American. Works for the Chicago Board of Education. Some
- computer experience in the classroom (as a teaching tool). Holds an MS
- degree in Special Ed.
-
- 9. Female, white, elderly. School teacher (1st grade). Classroom use of
- computers. MA degree in education. Subscribes to Newsweek.
-
- 10. Male, Afro-American. 36 years old, lives with parents who are retired
- postal workers. Employee of Trans-Union credit reporting company.
- Programming exposure in BASIC and COBOL.
-
- 11. Female, white, early 20's. Lives with parents. Holds a BA in
- education, studying for a Masters from North Western University. Teaches
- Jr. High, has WP and some DTP use of computers but limited in other
- knowledge.
-
- 12. Male, white, 30-ish. Chief engineer at a company the makes floor
- trusses for construction sites. Has a BS in architectural engineering.
- Has done a little programming. Uses CAD packages, spreadsheets. Had a
- class in FORTRAN in college. Has used a modem to download files from
- software manufacturers.
-
- ALTERNATE JURORS
-
- 1. Female, white. Works as a systems analyst and LAN administrator.
- Familiar with PC to Mainframe connections. Holds a BA in Special
- Education and has about 20 hours of computer classes. Familiar with
- Assembler, COBOL, and PL1 among other languages.
-
- 2. Female, white. Owns and operates a small hotel with her husband. Uses
- a Macintosh for word processing but husband does most of the computer
- stuff. Holds a BA from Northwestern. Subscribes to the New York Times.
-
- 3. Female, Afro-American. Works at the Christian League of Chicago.
- Formerly a word processor at Montgomery Wards.
-
- 4. Male, white, early 50's. Elementary school principle. Former phys-ed
- teacher. Access school district records using modem connection to
- district computer, has used e-mail on the districts bulletin board. Holds
- an MA in Education from Loyola University of Chicago.
-
- Random Notes: Court begins at 9am on Monday, Wednesday, and Friday. 10pm
- on Tuesday and Thursday (except today, things didn't get going until
- 10:00). Although Judge Bua was careful to pronounce each of the
- prospective jurors last names correctly, he seemed to mispronounce
- Neidorf's name differently every time he said it. "Neardorf", "Neardof",
- and "Nierndon" were distinctly heard. I respectfully suggest that he learn
- to pronounce it if not correctly, at least consistently wrong, lest the
- jury think there is more than one person on trial. <grin>
-
- Finally, a reporter from Channel 7 in Chicago was in and out of the
- courtroom throughout the day. Reportedly a brief piece ran on the evening
- news today but I wasn't home in time to catch it. I spoke to one of the
- camera men waiting to get some film of Neidorf and he indicated that
- something might appear on tuesday.
-
- ********************************************************************
-
- ++++++++++++
- Anonymously contributed
- ++++++++++++
-
- U.S. v. NEIDORF--an anonymous view
-
- A seal high on the wall, the icon of justice, ornate and gothic, looms over
- the courtroom. Light seeps out of the ceiling giving the illusion of
- daylight, but like justice itself, the source remains invisible and
- ominously cold, creating an impression of indifference to all who enter
- these halls. Perhaps 50 people are seated on one side and a few on the
- other side. They are the potential jurors. A handful of functionaries stand,
- sit, or mill about. The judge, cool and stern, looks left, then right. A
- law student from England is taking notes. "Fascinating, your process of
- jury selection," he remarks. "What's this case about?" Somebody else is
- sketching. A giant of a fellow, one would guess a pro football player, but
- in fact, I learn, it is the CuD reporter, Gordon Meyer, sits impassively. A
- television reporter from a local t.v. station hobbles about on crutches,
- looking for people to interview. In front of the judge, to his right, a
- youth and an older man sit, a notebook and a pitcher of icewater in front
- of them. On the left sits a team of prosecutors, two shopping carts full
- of documents, an easel for demonstrations, and smirks. The man in charge,
- Bill Cook, is small, lithe, and tanned. He appears to be in his early 40s.
- One can picture him in tennis whites, drinking gin and tonic, and
- discussing political ambitions on the veranda of a country club.
-
- The judge calls the prospective jurors, and takes care to pronounce their
- names correctly. He continually mispronounces the defendant's name. The
- judge asks the questions, the attorneys take notes. "Do you use a
- computer?" "What kind of software to you use?" "Are you familiar with this
- case?" (none were). The judge seems cautious, reserved. The attorneys
- decide, on a "paper ballot," which prospects to retain or dismiss. About
- half were dismissed. The panel was selected by 4 pm. Four alternates were
- selected in about 45 minutes.
-
- Thus begins the first day of the inquisition of Craig Neidorf. What will
- happen in the next few weeks? The judge says that it could last from seven
- to ten days. What is in all those documents the prosecution has made
- dramatically visible? What kinds of things will they say? Will he take the
- same kind of cheap shots he took against Shadowhawk, whom he prosecuted a
- few years ago? They say, after all, this is the same prosecutor who, noting
- that Mr. Zinn's crimes were committed with a computer, is reputed to have
- said, "So if you had gun instead, then you'd be a murderer??"
-
- Not without irony, the seal of justice looms over a scene in which the goal
- of the prosecution seems not to be truth or fairness, but story-telling and
- show. The drama of justice will be played out, verdicts will be announced,
- these people will leave and others take their place. But, on this first
- day, I cannot but wonder along with the British student, why we are all
- here?
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- ********************************************************************
- *** CuD #1.24: File 3 of 5: Electronic Frontier Fund Update***
- ********************************************************************
-
- From: well!eff-news-request@apple.com
- Subject: EFF mailing #1, take 2
- To: eff-news@apple.com
- Date: Mon, 23 Jul 90 13:33:58 PDT
-
-
- THE ELECTRONIC FRONTIER FOUNDATION
- One Cambridge Center, Suite 300
- Cambridge, MA 02142
- 617/577-1385
- 617/225-2347 fax
- eff@well.sf.ca.us
-
-
- Saturday, July 21, 1990
-
-
- Good people,
-
- Greetings. Some of you who read Crime and Puzzlement when it first went
- digital and offered immediate help in dealing with the issues raised therein.
- It's been five weeks since I promised to get back to you "shortly." It is
- now clear that we are operating on political rather than electronic time.
- And political time, though not so ponderous as geologic time or, worse, legal
- time, is hardly swift. The Net may be instantaneous, but people are as slow
- as ever.
-
- Nevertheless, much has happened since early June. Crime and Puzzlement
- rattled all over Cyberspace and has, by now, generated almost 300 unsolicited
- offers of help...financial, physical, and virtual. At times during this
- period I responded to as many as 100 e-mail messages a day with the average
- running around 50. (The voice of Peter Lorre is heard in the background,
- repeating, "Toktor, ve haf created a *monster*.")
-
- Well, we have at least created an organization. Lotus founder Mitch Kapor
- and I have founded the Electronic Frontier Foundation, an endeavor for which
- we have immodest ambitions. Descending from the Computer Liberty Foundation
- mentioned in Crime and Puzzlement, the EFF has received initial (and
- extremely generous) funding from Mitch, Steve Wozniak, and another Silicon
- Valley pioneer who wishes to remain anonymous. We have also received many
- smaller offers of support.
-
- As you will see in the accompanying press release, we formally announced the
- EFF at a press conference in Washington on July 10. The press attention was
- lavish but predictable...KAPOR TO AID COMPUTER CRIMINALS. Actually, our
- mission is nothing less than the civilization of Cyberspace.
-
- We mean to achieve this through a variety of undertakings, ranging from
- immediate legal action to patient, long-lasting efforts aimed at forming, in
- the public consciousness, useful metaphors for life in the Datasphere. There
- is much to do. Here is an abbreviated description of what we are already
- doing:
-
- * We have engaged the law firms of Rabinowitz, Boudin, Standard,
- Krinsky & Lieberman and Silverglate & Good to intervene on behalf of Craig
- Neidorf (the publisher of Phrack) and Steve Jackson Games. (For a digest of
- the legal issues, please see the message following this one.) We became
- involved in these particular cases because of their general relevance and we
- remain alert to developments in a number of other related cases.
-
- Despite what you may have read, we are not involved in these legal matters as
- a "cracker's defense fund," but rather to ensure that the Constitution will
- continue to apply to digital media. Free expression must be preserved long
- after the last printing press is gathering museum dust. And we intend an
- unequivocal legal demonstration that speech is speech whether it finds form
- in ink or in ascii.
-
- * We have funded a significant two-year project on computing and civil
- liberties to be managed by the Computer Professionals for Social
- Responsibility. With it, we aim to acquaint policy makers and law
- enforcement officials of the civil liberties issues which may lie hidden in
- the brambles of telecommunications policy. (A full description of this
- project follows.)
-
- * During the days before and after the press conference, Mitch and I
- met with Congressional staffers, legal authorities, and journalists, as well
- as officials from the White House and Library of Congress. Thus we began
- discussions which we expect to continue over a period of years. These
- informal sessions will relate to intellectual property, free flow of
- information, law enforcement training and techniques, and telecommunications
- law, infrastructure, and regulation.
-
- Much of this promises to be boring as dirt, but we believe that it is
- necessary to "re-package" the central issues in more digestible, even
- entertaining, forms if the general public is to become involved in the
- policies which will fundamentally determine the future of American liberty.
-
- * Recognizing that Cyberspace will be only as civilized as its
- inhabitants, we are working with a software developer to create an
- "intelligent front end" for UNIX mail systems. This will, we hope, make Net
- access so easy that your mother will be able cruise around the digital domain
- (if you can figure out a way to make her want to). As many of you are keenly
- aware, the best way, perhaps the only way, to understand the issues involved
- in digital telecommunications is to experience them first hand.
-
- These are audacious goals. However, the enthusiasm already shown the
- Foundation indicates that they may not be unrealistic ones. The EFF could be
- like a seed crystal dropped into a super-saturated solution. (Or perhaps
- more appropriately, "the hundredth monkey.") Our organization has been so
- far extremely self-generative as people find in it an expression for concerns
- which they had felt but had not articulated.
-
- In any case, we are seeing a spirit of voluntary engagement which is quite a
- departure from the common public interest sensation of "pushing a rope."
-
- You, the recipients of this first e-mailing are the pioneers in this effort.
- By coming forward and offering your support, both financial and personal, you
- are doing much to define the eventual structure and flavor of the Electronic
- Frontier Foundation.
-
- And much remains to be defined. We are applying for 501(c)3 status, which
- means that your contributions to the Foundation will be tax deductible at the
- time this status is granted. However, tax-exempt status also places
- restrictions on the ability to lobby which may not be consistent with our
- mission. Like many activist organizations, we may find it necessary to
- maintain two organizations, one for lobbying and the other for education.
-
- We are in the process of setting up both a BBS in Cambridge and a Net
- newsgroups. None of this is as straightforward as we would have it be. We
- have also just received an offer of production and editorial help with a
- newsletter.
-
- What can you do? Well, for starters, you can spread the word about EFF as
- widely as possible, both on and off the Net. Feel free, for example, to
- distribute any of the materials included in this or subsequent mailings,
- especially to those who may be interested but who may not have Net access.
-
- You can turn some of the immense processing horsepower of your distributed
- Mind to the task of finding useful new metaphors for community, expression,
- property, privacy and other realities of the physical world which seem up for
- grabs in these less tangible regions.
-
- And you can try to communicate to technically unsophisticated friends the
- extent to which their future freedoms and well-being may depend on
- understanding the broad forms of digital communication, if not necessarily
- the technical details.
-
- Finally, you can keep in touch with us at any of the above addresses. Please
- pass on your thoughts, concerns, insights, contacts, suggestions, and, and
- most importantly, news of relevant events. And we will return the favor.
-
-
- Forward,
-
-
-
- John Perry Barlow for The Electronic Frontier Foundation
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- ********************************************************************
- *** CuD #1.24: File 4 of 5: Atlanta Press LoD Press Release***
- ********************************************************************
-
-
- U.S. Department of Justice
- United States Attorney
- Northern District of Georgia
-
- MONDAY, JUNE 9, 1990 Suite 1800 Richard Russell Building
- 5 Spring Street, S.W.
- Atlanta, GA 30335
- Telephone: (404) 331-6954
-
-
- NEWS RELEASE
-
- Joe D. Whitley, United States Attorney for the Northern District of
- Georgia, and Dwight D. Ellison, Special Agent in charge, United States
- Secret Service, Atlanta Field Office, announced today that three Atlanta
- men pleaded guilty to charges involving a scheme to defraud Southern Bell
- Telephone and Telegraph Company and BellSouth Advanced Network,
- subsidiaries of Bellsouth, (collectively referred to as "BellSouth") out of
- valuable proprietary information. The defendants are ADAM E. GRANT, a/k/a
- The Urvile and a/k/a Necron 99, of Atlanta, Georgia, age 22; FRANKLIN E.
- DARDEN, JR., a/k/a The Leftist, of Norcross, Georgia, age 24; and ROBERT J.
- RIGGS, a/k/a The Prophet, of Atlanta, Georgia, age 22.
-
- Between September 10, 1987 and July 21, 1989, according to the government,
- all three defendants conspired to commit computer fraud, wire fraud, access
- code fraud, and interstate transportation of stolen property under Title
- 18, United States Code, Sections 371, 1030, 1343, 1029, and 2314.
- Defendants DARDEN and RIGGS pleaded guilty to one conspiracy count apiece.
- Both face a maximum penalty of 5 years in prison and a $250,000 fine.
- Defendant GRANT pleaded guilty to possessing 15 or more BellSouth access
- devices with the intent to defraud. GRANT faces a maximum penalty of 10
- years incarceration and a $250,000 fine. Sentencing is scheduled for
- September 14, 1990, before United States District Court Judge J. Owen
- Forrester.
-
- According to the government's statement of what the evidence at trial would
- have shown, defendants accessed various BellSouth computer systems without
- authority and obtained valuable proprietary information which they
- distributed to other "computer hackers." The defendants and others stole
- valuable proprietary BellSouth information and positioning %sic% themselves
- to significantly compromise telephone service in the four-state BellSouth
- area and throughout the country. Defendants GRANT and DARDEN also monitored
- telephone conversations by breaking into BellSouth computer systems.
-
- According to the government's evidence, all three defendants were members
- of an organization called "Legion of Doom," a closely knit group of over 15
- computer hackers located in Georgia, Texas, Michigan, illinois, Florida,
- New York, and other states. According to the government, the Legion of
- Doom disrupted the telecommunications industry, monitored private telephone
- lines, stole proprietary information, stole and modified credit
- information, fraudulently obtained property from various companies, and
- disseminated information that allowed other computer hackers to enter
- BellSouth and non-BellSouth computer systems.
-
- This indictment is the result of an investigation conducted by the Atlanta
- field office of the Unite States Secret Service. Assistant United States
- Attorney Kent B. Alexander prosecuted the case.
-
- The United States Attorney commended Special Agents Bill Gleason and Bill
- Conkell of the United States Secret Service, Atlanta Office, for their
- outstanding work in investigating the case. The United States Attorney
- also thanked BellSouth for their very helpful assistance and encouraged
- other companies to report illegal computer intrusions to the government.
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- ********************************************************************
- *** CuD #1.24: File 5 of 5: The CU in the News ***
- ********************************************************************
-
- "An Espionage Law that may not Compute"
- By George Lardner, Jr.
-
- Source: The Washington Post National Weekly Edition, July 16-22, 1999: p. 34
-
- The Bush administration is seeking a change in the federal computer
- espionage law that would open the door to prosecution and conviction of
- whistle-blowers and journalists as well as spies.
-
- The Justice Department says the proposal would make the espionage law "more
- useful." It would eliminate a provision in current law requiring proof of
- espionage and make it a crime simply to use--or cause the use of--a
- computer to obtain classified information without authorization.
-
- The penalties would be the same as they are now. Violators would be subject
- to 10 years in prison for a first offense, or "an attempt to commit such an
- offense." Second offenders could be sent away for 20 years.
-
- The proposal was submitted to Congress last month by Acting Assistant
- Attorney General Bruce C. Navarro as part of a package of changes in the
- computer fraud and abuse statute of 1986. It has drawn a frosty reception
- from lawmakers with jurisdiction over the issue.
-
- "It seems they want to make far more people spies than actually are," says
- Democratic Rep. Charles E. Schumer of New York, chairman of the House
- Judiciary subcommittee on criminal justice.
-
- Under the current computer espionage law, it is a felony for anyone
- knowingly to gain unauthorized access to a computer and obtain classified
- information "with the intent or reason to believe that such information so
- obtained is to be used to the injury of the United States, or to the
- advantage of any foreign nation."
-
- The Justice Department wants to drop the "intent or reason to believe"
- clause.
-
- Although the clause is a stable of traditional espionage laws dating back
- to 1917, the Justice Department contents that it "has so narrowed the
- application of the computer espionage provision as to render it virtually
- usless." Taking it out, Justice officials say in a section-by-section
- analysis, would establish a "new computer crime offense, which merely
- requires proof that the person obtained certain information, and not that
- he delivered it or transmitted it to any other person or government."
- Prosecutors would then have "another weapon for combating the increasing
- number of espionage cases."
-
- Another part of the Justice Department package that drew criticism was a
- provision that would define information in a computer, as well as computer
- processing time, as "property."
-
- "The thrust of that is to say that if you take information, that's property
- and you can be accused of stealing," Schumer says. "I think that's very
- dangerous. We need a law more finely honed than that."
-
- Morton Halperin, Washington director of the American Civil Liberties Union
- (ACLU), says the proposals call to mind the controversial 1985 prosecution
- of former naval intelligence analyst Samuel Loring Morison, the first
- person convicted under espionage laws for leaking documents "relating to
- the national defense" to the news media.
-
- Morison was found guilty of espionage and theft of government property for
- leaking three spy satellite photographs that were classified secret to a
- British magazine. He also was convicted on separate espionage and theft
- charges for taking portions of two other Navy documents, also classified
- secret, and keeping them in an envelope at his Crofton, Md. apartment.
-
- Morison's lawyers contended that the sections of espionage law used in the
- case were meant to apply only in a clandestine setting, to spies and
- saboteurs, and not to disclosures to the news media. As for the theft
- charges, they protested that making the law applicable to government
- "information" would give the executive branch unbridled discretion to
- control what the public may be told.
-
- An advocate of bigger defense budges and a supporter of president Ronald
- Reagan, Morison contended that he sent the magazine satellite photos, which
- showed the first Soviet nuclear aircraft carrier under construction at a
- Black Sea shipyard, primarily because he was interested in publicizing the
- Soviet threat. He was sentenced to two years in prison.
-
- Under the Justice Department's computer espionage proposal, it could be
- even more dangerous to take the secrets from a computer than to get them on
- paper. The bill would make it a crime to pluck from a computer any
- "classified" information, even items stamped secret, because disclosure
- would be embarrassing. That is a much broader category than documents
- "relating to the national defense."
-
- Halperin says the ACLU would strongly oppose any such change in the law.
- "Given the amount of information that is classified and the degree to which
- debate in the United States depends on that information, we have
- consistently opposed criminalizing access to classified information by
- private citizens, except where it involves transfer to foreign powers,"
- Halperin says.
-
- Justice Department officials acknowledge that their proposal would cover
- whistle-blowers and journalists. "No one considered that in the drafting of
- it," says Grace L. Mastalli, special counsel in Justice's Office of Policy
- Development. But she says it was "probably not possible to narrow it
- without destroying the purpose of the bill.
- (End this story)
- ********************************************************************
-
- Date: Thu, 19 Jul 90 00:34:48 EDT
- From: Michael Rosen <CM193C@GWUVM>
- Subject: stuff
- To: Computer Underground Digest <tk0jut2>
-
- From Computerworld, July 16, 1990, p. 6, by Michael Alexander.
-
- CRIME DOESN'T PAY -- HACKERS DO
-
- Three hackers pleaded guilty last week to their participation in a scheme
- to steal documentation for an enhanced 911 emergency telephone system from
- Bellsouth Corp.
-
- The three are members of the Legion of Doom, a group of hackers that has
- been involved in numerous computer-related crimes, federal prosecutors in
- Atlanta and chicago said.
-
- In Chicago, Robert J. Riggs, 21, pleaded guilty to interstate
- transportation of stolen property and wire fraud charges. He faces up to
- 15 years in prison and fines of up to $500,000.
-
- Riggs, along with Adam E. Grant, 22, of Atlanta and Franklin E. Darden, 24,
- of Norcross, Ga., was also indicted in Atlanta last February for conspiracy
- to commit computer fraud, wire fraud, access-code fraud and interstate
- transportation of stolen property. Riggs and Darden each pleaded guilty to
- one count of conspiring to commit computer fraud. Both face a maximum
- penalty of five years in jail and a $250,000 fine. Grant pleaded guilty to
- having 15 or more Bellsouth access codes with the intent to defraud.
-
- Sentencing has been set for Sept. 14. "That is when the fireworks will
- start," said Kent Alexander, assistant U.S. attorney in Atlanta. "There is
- a distinct possibility that this may be one of the first instances of a
- hacker [Riggs] going to jail."
-
- In an indictment last February, federal authorities alleged that in
- September 1988, Riggs and Craig Neidorf, an electronic newsletter
- publisher, began a scheme to steal documentation to an enhanced 911 system
- from Bellsouth. Riggs downloaded the text file in December 1988 and posted
- it on a computer bulletin board in Lockport, Ill., the indictment said.
-
- Neidorf allegedly retrieved the 911 program from the Lockport bulletin
- board service, edited the document and reposted it on the bulletin board
- for Riggs to review.
-
- Neidorf has admitted to publishing an edited version of 911 documentation
- along with information on how to alter telephone switching software so that
- calls are put into an endless loop. He pleaded not guilty to the charges
- and is currently set to go to trial next week. Neidorf contends that he
- was not aware that the 911 documentation had been stolen, said Sheldon
- Zenner, his attorney. "There is only one guy here who has not broken into
- anything, and that is Craig Neidorf."
-
- However, government documents asserted that Neidorf was involved in the
- scheme from the outset. According to the plea agreement between Riggs and
- federal authorities, Riggs contacted Neidorf and told him that he was
- transferring a text file stolen from Bellsouth. Also, in an affidavit for
- a search warrant, a U.S. Secret Service agent alleged that Neidorf admitted
- to knowing that the 911 documentation was stolen. His edited version of
- the Bellsouth 911 documentation contained a Bellsouth notice forbidding
- disclosure of the text file's contents, the agent added. Riggs is expected
- to testify for the prosecution.
-
- (This article was written by Michael Alexander (CW Staff).
-
- ********************************************************************
-
- ------------------------------
-
- **END OF CuD #1.24**
- ********************************************************************
- !