home *** CD-ROM | disk | FTP | other *** search
- Computer underground Digest Sun, Nov 10, 1991 Volume 3 : Issue 40
-
- Moderators: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
-
- CONTENTS, #3.40 ( November 10, 1991)
- File 1: Rhetoric and CuD
- File 2: Re: Comments on J Thomas's Ingraham post in CuD #3.38
- File 3: Response to Ingraham Criticisms
- File 4: Draft of BBS warnings to Law Enforcement Agents
- File 5: CU Bibliography Update
- File 6: Senate Bill 516 : Electronic Privacy in the Workplace
- File 7: Letter from Prison (part 2 of 2)
- File 8: "Password violations helped Hill hacker"
-
- Issues of CuD can be found in the Usenet alt.society.cu-digest news
- group, on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG,
- and DL0 and DL12 of TELECOM, on Genie, on the PC-EXEC BBS at (414)
- 789-4210, and by anonymous ftp from ftp.cs.widener.edu (147.31.254.20),
- chsun1.spc.uchicago.edu, and dagon.acc.stolaf.edu. To use the U. of
- Chicago email server, send mail with the subject "help" (without the
- quotes) to archive-server@chsun1.spc.uchicago.edu.
-
- COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
- information among computerists and to the presentation and debate of
- diverse views. CuD material may be reprinted as long as the source
- is cited. Some authors do copyright their material, and they should
- be contacted for reprint permission. It is assumed that non-personal
- mail to the moderators may be reprinted unless otherwise specified.
- Readers are encouraged to submit reasoned articles relating to the
- Computer Underground. Articles are preferred to short responses.
- Please avoid quoting previous posts unless absolutely necessary.
-
- DISCLAIMER: The views represented herein do not necessarily represent
- the views of the moderators. Digest contributors assume all
- responsibility for ensuring that articles submitted do not
- violate copyright protections.
-
- ----------------------------------------------------------------------
-
- From: Mike Godwin <mnemonic@EFF.ORG>
- Subject: File 1-- Rhetoric and CuD
- Date: Thu, 7 Nov 91 9:39:58 EST
-
- I notice (in CuD 3.38) that you call those who work with Don Ingraham
- "brownshirts" and compare him to Gacy and Dahmer.
-
- I think you are correct to be critical of Ingraham's comments about
- Neidorf.
-
- But I'm concerned with the degradation of discourse that comparisons
- to "brownshirts" and to mass murderers will cause. When you invoke
- Gacy, or Dahmer, or genocidal fascists, you trivialize the deaths they
- caused. You turn their real deaths into metaphorical fodder for your
- own angry postings. Such metaphors suggest, whether you mean to or
- not, that you have no sense of the actual horror caused by those
- people. It cheapens this horror to convert it into an insult.
-
- I know what your motive was--to express your sense of the viciousness
- of Ingraham's comments--but that doesn't excuse it. The people who
- were killed by Dahmer and Gacy didn't die to provide us with a handy
- metaphor.
-
- ------------------------------
-
- Date: Thu, 7 Nov 91 14:49 GMT
- From: "Thomas J. Klotzbach" <0003751365@MCIMAIL.COM>
- Subject: File 2-- Re: Comments on J Thomas's Ingraham post in CuD #3.38
-
- Before I start, I just want to say that I think that the CuD is a
- first-rate publication. Thanks for making it available.
-
- That said, I was shocked by your article about how Craig Neidorf was
- "massacred" by Don Ingraham on the September 30, 1991 "Geraldo" show.
- I'm sure that the people in law enforcement agencies that subscribe to
- the CuD were real impressed with your outbursts. What does Craig
- Neidorf having yet to receive an apology from various people have to
- do with squat? Do you think you will ever get an apology? Why does
- it matter? The fact is it does not matter. The incidents surrounding
- Craig are well engraved in the minds of people following his situation
- (i.e. the government gaffed). Your dribble about no apology being
- rendered just detracts from the constant, ongoing battle that the
- "Computer Underground" must fight everyday for respect and
- understanding by constant, consistent, and structured means.
-
- I am equally shocked that Craig Neidorf was expecting a "legitimate
- discussion" with Don Ingraham and equally shocked that you expected
- that also. Are you both ignorant of what media shows like Geraldo do?
- They use shock media as a tool to get the attention of the viewing
- audience that is flipping through channels after a day of work. No
- matter what the staff of the show said, Neidorf should have been
- prepared for a rough, nasty discussion that would digress from the
- real issues at hand. It would have been Craig's job to help steer the
- discussion back on to HIS track. But you and Craig (and I gather many
- people) feel that Craig was bushwhacked. More dribble. He was hurt
- because he failed to adequately control the agenda (and before you
- start to whine about he could not control the agenda, look at any
- Pro-Life/Pro-choice debate on one of these shows - they are real
- pro's).
-
- Your other comments gave credibility to the "Computer Underground" as
- well:
-
- "...when Ingraham and his brownshirts try to grab suspects
- equipment..."
-
- "...he (Geraldo) night have toyed with Ingrahams' hyperbolic analogy
- to rape by alluding to a few other examples of older men who've done
- hatchet jobs on young males. Like John Gacy and Jeffrey Dahmer.
- They, too, felt no need to apologize to their victims."
-
- My, those statements really are thought provoking aren't they?
-
- You and all the rest of us have to fight and fight hard to maintain
- credibility. We don't do any favors for the "cause" when we cry foul
- and start to spew commentary in the CuD that makes us look like
- spoiled children. We need to work smart, not work hard! We need to
- stop tilting at windmills and start learning what makes the windmill
- work so that we can change the way it works or change the direction
- the wind blows (if at all). No, it may not be fair and it may not be
- easy, but it is reality.
-
- ------------------------------
-
- Date: 9 Nov 91 11:29:54 CDT
- From: Jim Thomas <jthomas@well.sf.ca.us>
- Subject: File 3-- Response to Ingraham Criticisms
-
- The above criticisms of the language of my commentary about prosecutor
- Don Ingraham's treatment of Craig Neidorf on Geraldo's "Mad Hacker"
- segment of _Now it can be Told_ have merit, and I am not in total
- disagreement. Each of the above posts raises several issues that
- deserve a response.
-
- Both posts suggest that excessive rhetoric reduces the effectiveness
- of criticism of law enforcement agents by de-valuing the currency of
- language and subverting the credibility of those attempting to assure
- that rights in cyberspace are given the same Constitutional
- protections as in other realms of social life. Both posters, while
- supporting the principle of civil liberties, remind us that no all
- sympathizers share the same tactics, perspective, or rhetoric of
- others working toward the same goal. This raises a number of issues,
- but I'll address only a few.
-
- First is the goal of CuD. We estimate the combined readership of CuD
- (including the mailing list, Usenet, and BBS downloads) to range
- between 16,000-20,000. The readership is diverse, and we try to
- tailor articles to an ambiguous happy medium. As with all co-edited
- outlets, the two CuD co-editors are not always in total accord on
- acceptable levels of stridency. Therefore, articles that are personal
- opinions are written under our own names (rather than "moderators")
- and posted from our private e-mail addresses. As Tom argued above,
- there is a danger that some might see the post of a single individual
- as shared by *all* readers. This would obviously be a gross error,
- and it is crucial that those who disagree recognize that they have the
- obligation to respond, as the above posters have done.
-
- Second, if the above critics were uncomfortable with my language, it
- is safe to assume that others were also disturbed. This raises the
- issue of readers' responses. Sometimes readers may not respond because
- they are leery of becoming the targets of flames or because they think
- others will respond. Sometimes readers are simply not sure what to
- say. As a forum for debate, we *strongly* encourage readers to be as
- critical of CuD's position and posts as they feel appropriate. Except
- in the most unusual of situations (such as this one), we do not
- respond, but simply print the posts. Even if readers respond with only
- a one-line comment, it provides an idea of where people stand on an
- issue and helps us direct our attention to readers' interests and
- concerns. We cannot print all the comments we receive, and we prefer
- longer, well-reasoned responses for publication. But, we commonly print
- shorter posts, especially when they summarize others' concerns.
-
- Both co-editors see CuD as a means of raising issues, provoking when
- necessary, and trying to deliver the same message in several different
- ways. Sometimes this takes the form of fairly reasoned commentary. At
- other times, the message may be reflect the tenor of the tone created
- by the target. In this case, the language reflected the tone sent by
- Don Ingraham.
-
- The use of dramatic terrorist imagery and Ingraham's invocation of the
- metaphor of rape in alluding to computer intruders, coupled with
- Geraldo's sensationalistic style, triggered the metaphors I used in my
- post. I did not seek them; they were created by the show's
- participants and handed to me. I fully agree that the language was
- strident. However, strident language-in-kind strikes me as
- occasionally appropriate to dramatize the images and inaccuracies
- created by--in this case--a nationally known prosecutor who appears
- unaccountable for his own excesses. Sometimes diplomatic discourse
- seems ineffective, and other than short posts criticizing the Geraldo
- show, we have seen no extended commentary that could be published. So,
- I filled what I perceived to be a void.
-
- Communication needn't be a solemn affair. Occasional violation of the
- norms of good-taste can be a fully legitimate form of response to
- illustrate the base level of discourse in which solemn ideas are
- discussed. Sometimes hyperbole is the best way of saying serious
- things, as long as hyperbole isn't the norm. Do I agree with the
- posts of Mike and Tom? Yes. Do I still justify my original post? I am
- reminded of the response by French philosopher Albert Camus when asked
- how, as a pacifist, he could justify violence against Nazi Invaders:
- "I do not justify it. It is simply necessary."
-
- ------------------------------
-
- From: hkhenson@CUP.PORTAL.COM
- Subject: File 4-- Draft of BBS warnings to Law Enforcement Agents
- Date: Mon, 28 Oct 91 10:26:22 PST
-
- ((Moderators' note: Keith Henson sent the following draft over for
- comments. The intent of such notes is as much symbolic as instrumental,
- and is targeted especially at local enforcement agents who may be
- unaware of existing laws. Any comments for for revision can be sent
- directly to Keith or back to CuD)).
-
- In a recent conversation with a person who has a lot of erotic GIF on
- his bbs, I came up with a few legal stumbleing blocks to make the cops
- think twice before they break in and bust up his bbs. Modify the
- numbers as appropriate to fit your bbs if you want to use this.
-
- In addition, you might want to get signed agreements in advance from
- your users. Such agreements might assign a portion of their minimum
- awards to you to compensate for the hassle, lost time, and busted up
- equipment you can expect in a raid. Whatever agreement terms you come
- up with should be reviewed by a lawyer. You might require users to
- keep a minimum amount of stored email just to invoke the Electronic
- Communication Privacy Act (ECPA).
-
- Unlike a booby traps, this one should be clearly marked, at least with
- a pointer into this file from the logon screen:
-
- ++++ cut here ++++
-
- NOTICE TO LAW ENFORCEMENT AGENTS:
-
- The owners and users of this system are exercising First Amendment
- rights.
-
- Some material on this system is in preparation for public disemination
- and is "work product material" protected under USC 42, Section 2000aa.
- Note that this is a civil statute. Violation of this statute by law
- enforcement agents is very likely to result in a civil suit. Each and
- every person who has "work product material" stored on this system is
- entitled to recover at least minimum damages of $1000 *plus all legal
- expenses.* Agents may not be protected from personal civil liability
- if they violate this statute.
-
- In addition, there is email, i.e., "stored electronic communications"
- which has been in storage less than 180 days on this system. Such
- stored electronic communications are protected from seizure or even
- "preventing authorized access" without a warrant specific to each
- person's email. Again, this is protected under civil action in USC
- 18, 2704. On this system you can expect up to xxxx people to have
- stored email. Each of them is entitled to collect $1000 *plus all
- legal expenses* for violations. While the agency you work for *might*
- pay your legal fees and judgements against you, why take chances? If
- you feel the need to go after email, or take actions which would deny
- email access to our users, get appropriate warrants.
-
- It is the policy of the sysop(s) of this system to cooperate with law
- enforcement agents--though we will not be involved in entrapments.
- Please bring it to my (our) attention if you discover illegal
- activities on this board.
-
- **(End of Keith Henson's post)
-
- ((Moderators' note: PC-Exec in Milwaukee has an X-rated GIF section,
- and sysop Bob Mahoney has resolved the access problem with the
- following post received when one attempts to access the section
- prior to registering)):
-
- C O L L E C T I O N S E L E C T I O N >>Full Access Paid Caller<<
- OK? Collection Description
- --- ---------------------------------------------------------
- <A> DUC Mahoney MS-DOS Collection
- <B> D !FREE TO ALL CALLERS- LISTS OF FILES FOR DOWNLOAD!
- <C> D !FREE TO ALL CALLERS- UTILITIES AND VARIETY!
- <D> D PC-SIG California Collection
- <E> DUC MS Windows
- <F> DUC OS/2
- <G> DU UNIX / XENIX
- <H> DUC Adult Pictures & Files, rated PG or higher
- <I> DUC Picture files (.GIF .MAC .PIC, etc.)
- <J> D C Apple Copyright Software
- <K> DUC Macintosh Collection
- <L> DUC Amiga Collection
- <M> DUC Atari ST Collection
- <N> DUC CoCo RSDOS & OS9 Collection
- <O> D Chat System File
-
- H
-
- Selected: Adult Pictures & Files, rated PG or higher
-
- >> This file collection contains 6,144 great files at this time!
-
- >> Sorry, this collection requires you to fill out a permission form.
- >> Please go to <S>subscribe menu and select 'Adult' option.
-
- >> If you prefer to NOT have this collection show up as an option,
- >> please go to TOP:ENVIRONMENT menu and turn off ADULT options.
-
- We can appreciate your frustration with the new release form required for
- access to the Adult file collection here. We hate paperwork too, but after
- discussing it with our attorney, this is the only way we can *legally*
- offer adult pictures & files on this system. So if we are to stay in
- business to serve you long into the future, we must obey the law.
- ((End of PC-Exec warning))
-
- ------------------------------
-
- Date: 9 Nov 91 11:29:54 CDT
- From: Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 5-- CU Bibliography Update
-
- Gene Spafford, Dave Appel, Ben Discoe, Jerry Carlin and a few
- others suggested that the following be added to the CU bibliography:
-
- The January 1992 issue of "Journal of Systems and Software:" It is a
- special issue devoted to ethics and computing, including break-ins and
- property.
-
- "The Shockwave Rider" by John Brunner, 1975, published by Ballantine
- Books, the first novel that that dealt with "hacking" and computer
- worms (This was left off the original list). Other science fiction
- works by John Brunner are "Stand on Zanzibar", 1968, and "The Sheep
- Look Up" in 1972.
-
- One reader wrote:
-
- " I'm upset that the Books for Fun Reading list recently
- appearing in this group totally forget Rudy Rucker, a grand
- originator of much of the FUN side of tech and now an
- establish cyber persona."
-
- Another reader suggested that True Names by Vernor Vinge (sp?) is
- archetypical and should be included.
-
- There are others, and when you come across a title, send it over. If
- it's a new book, feel free to write a short (50-200 line) review.
-
- ------------------------------
-
- Date: 9 Nov 91 11:29:54 CDT
- From: Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 6-- Senate Bill 516 -- Electronic Privacy in the Workplace
-
- Senator Paul Simon (Dem, Ill) introduced Senate Bill 516 intended to
- curtail abuses of covert electronic monitoring in the workplace by
- requiring employers to notify employees of the existence, extent, and
- uses of surveillance and the information obtained.
-
- Contrary to rumors, the Bill *DOES NOT* prohibit electronic monitoring
- of employees. It simply extends principles of privacy into a domain
- where the dangers of covert intrusion are becoming increasing
- sophisticated. Criticisms against the bill include: a) The government
- has no place in legislating what employees may or may not do in the
- workplace; b) The Bill would appear to cover a broad range of
- potential mechanisms of surveillance not originally intended (such as
- Unix commands that allow monitoring of account use or telephone
- systems that record the number of calls to specific individuals)
-
- As one commentator observed, there are also problems of scope. For
- example, section (b)(2) doesn't mention civil "prosecutions". If a
- criminal investigation is resolved through civil charges, is it still
- a criminal investigation? Deciding civil liability, as in cases of
- seizure and forfeiture without criminal prosecution, seems to leave a
- gap in the existing language. Section (b)(3) seems to cover the
- exceptions to the second and provide a glaring exception that can
- readily be circumvented.
-
- In the main, the Bill is the right step toward recognizing the dangers
- of the abuse of technology to intrude into privacy. However, the
- language of the Bill needs clarification of the ambiguous language of
- scope and redress. If there is sufficient response from readers, we
- will devote a special issue to readers' comments and forward them to
- Senator Simon's office. The Bill has been sent to committee, so there
- is time to communicate concerns.
-
- +++ S 516 follows +++
-
- 102d CONGRESS
- 1st SESSION S. 516
-
-
- To prevent potential abuses of electronic monitoring in the workplace.
-
- ______________________________
-
- IN THE SENATE OF THE UNITED STATES
-
- February 27 (Legislative day, February 6) 1991
- Mr. Simon introduced the following bill; which was read twice and
- referred to the
- Committee on Labor and Human Resources
-
- ______________________________
-
- A BILL
- To prevent potential abuses of electronic monitoring in the
- workplace
-
- _Be it enacted by the Senate and House of Representatives of
- the United States of American assembled,_
-
- SECTION 1. SHORT TITLE.
-
- This Act may be cited as the "Privacy for Consumers
- and Workers Act".
-
- SEC. 2. DEFINITIONS.
-
- As used in this Act--
-
- (1) the term "electronic monitoring" means the collection,
- storage, analysis, and reporting of information concerning an
- employee's activities by means of a computer, electronic observation
- and supervision,
-
- - 2 -
-
- remote telephone surveillance telephone call accounting, or other form
- of visual, auditory, or computer-based surveillance conducted by any
- transfer of sings, signals, writing, images, sounds, data, or
- intelligence of any nature transmitted in whole or in part by a wire,
- radio, electromagnetic, photoelectronic, or photo-optical system;
-
- (2) the term "employee" means any current or former employee
- of an employer;
-
- (3) the term "employer" means any person who employs
- employees, and includes any individual, corporation, partnership,
- labor organization, unincorporated association, or any other leal
- business, the Federal Government, any State (or political subdivision
- thereof), and any agent of the employer.
-
- (4) the term "personal data" means any information
- concerning an employee which, because of name, identifying number,
- mark, or description, can be readily associated with a particular
- individual, and such term includes information contained in printouts,
- forms, or written analyses or evaluations;
-
- (5) the term "prospective employee" means an individual who
- has applied for a position of employment with an employer and
-
- - 2 -
-
- (6) the term "Secretary" means the Secretary of Labor.
-
- SEC.3.NOTICE
-
- (a) IN GENERAL.--Each employer who engages in electronic
- monitoring shall provide each affected employee with prior written
- notice describing the following regarding the electronic monitoring
- directly affecting the employee:
-
- (1) The forms of electronic monitoring used.
- (2) The personal data to be collected.
- (3) The frequency of each form of electronic monitoring
- which will occur.
- (4) The use of personal data collected.
- (5) Interpretation of printouts of statistics or other
- records of information collected through electronic
- monitoring.
- (6) Existing production standards and work performance
- expectations.
- (7) Methods for determining production standards and
- work performance expectations based on electronic
- monitoring statistics.
-
- (b) NOTICE CONCERNING EXISTING FORMS OF ELECTRONIC
- MONITORING.--(1) Each employer shall notify a prospective employee at
- any personal interview or meeting of existing forms of electronic
- monitoring which may directly
-
- - 3 -
-
- affect the prospective employee if such employee is hired by the
- employer.
-
- (2) Each employer, upon request by a prospective employee, shall
- provide the prospective employee with the written notice described in
- subsection (a) regarding existing forms of electronic monitoring which
- may directly affect the prospective employee if such employee is hired
- by the employer.
-
- (3) Each employer who engages in electronic monitoring shall
- provide the affected employee with a signal light, beeping tone,
- verbal notification, or other form of visual or aural notice, at
- periodic intervals, that indicates that electronic monitoring is
- taking place. If the electronic monitoring is conducted on a
- continuous basis during each of the employee's shift, such notice need
- not be provided at periodic intervals.
-
- (4) An employer who engages in telephone service observation
- shall provide the affected customer with a signal light, beeping tone,
- verbal notification, or other form of visual or aural notice, at
- periodic intervals, indicating that the telephone service observation
- is taking place.
-
- (c) NOTICE TO CURRENTLY AFFECTED EMPLOYEES.--Notwithstanding
- subsection (a), an employer who is engaged in electronic monitoring on
- the effective date of this Act shall have 90 days after such date to
- provide each affected employee with the required written notice.
-
- - 4 -
-
- SEC.4.ACCESS TO RECORDS.
-
- Each employer shall permit an employee (or the employee's
- authorized agent) to have access to all personal data obtained
- by electronic monitoring of the employee's work.
-
- SEC.5.PRIVACY PROTECTIONS.
-
- (a) RELEVANCY REQUIRED.--An Employer shall not collect personal
- data on an employee through electronic monitoring which is not
- relevant to the employee's work performance.
-
- (b) DISCLOSURE LIMITED.--An employer shall not disclose personal
- data obtained by electronic monitoring to any person or busness entity
- except to (or with the prior written consent of) the individual
- employee to whom the data pertains, unless the disclosure would be--
-
- (1) to officers and employees of the employer who have a
- legitimate need for information in the performance of
- their duties;
-
- (2) to a law enforcement agency in connection with a
- criminal investigation or prosecution; or
-
- (3) pursuant to the order of a court of competent
- jurisdiction.
-
- SEC.6.USE OF DATA COLLECTED BY ELECTRONIC MONITORING.
-
- (a) DATA MAY NOT BE USED AS A SOLE BASIS FOR EVALUATION.--An
- employer shall not use personal data obtained by electronic monitoring
- as the exclusive basis for indi-
-
- - 5 -
-
- vidual employee performance evaluation or disciplinary action, unless
- the employee is provided with an opportunity to review the personal
- data with a reasonable time after such data is obtained.
-
- (b) DATA MAY NOT BE USED AS SOLE BASIS FOR PRODUCTION QUOTAS.--An
- employer shall not use personal data or collective data obtained by
- electronic monitoring data as the sole basis for setting production
- quotas or work performance expectations.
-
- (c) DATA MAY NOT DISCLOSE EMPLOYEE'S EXERCISE OF CONSTITUTIONAL
- RIGHTS.--An employer shall not maintain, collect, use, or disseminate
- personal data obtained by electronic monitoring which describes how an
- employee exercises rights guaranteed by the First Amendment unless
- such use is expressly authorized by statute or by the employee to whom
- the data relates or unless pertinent to and within the scope of, an
- authorized law enforcement activity.
-
- SEC.7.ENFORCEMENT PROVISIONS.--(1) Subject to paragraph (2), any
- employer who violates any provision of this Act may be assessed a civil
- penalty of not more that $10,000.
-
- (2) In determining the amount of any penalty under paragraph (1),
- the Secretary shall take into account the previous record of the
- person in terms of compliance with this Act and the gravity of the
- violation.
-
- - 6 -
-
- (3) Any civil penalty assessed under this subsection shall be
- collected in the same manner as is required by subsections (b) through
- (e) of section 503 of the Migrant and Seasonal Agricultural Worker
- Protection Act (29 U.S.C. 1853) with respect to civil penalties
- assessed under subsection (a) of such section.
-
- (b) INJUNCTIVE ACTIONS BY THE SECRETARY.--The Secretary may bring
- an action under this section to restrain violations of this Act. The
- Solicitor of Labor may appear for and represent the Secretary in any
- litigation brought under this Act. In any action brought under this
- section, the district courts of the United States shall have
- jurisdiction, for cause shown, to issue temporary or permanent
- restraining orders and injunctions to require compliance with this
- Act, including such legal or equitable relief incident thereto as may
- be appropriate, including employment, reinstatement, promotion, and
- the payment of lost wages and benefits.
-
- (c) PRIVATE CIVIL ACTIONS.--(1) An employer who violates this Act
- shall be liable to the employee or prospective employee affected by
- such violation. Such employer shall be liable for such legal or
- equitable relief as may be appropriate, including employment,
- reinstatement, promotion, and the payment of lost wages and benefits.
-
- (2) An action to recover the liability prescribed in paragraph
- (1) may be maintained against the employer in any
-
-
- - 7 -
-
- Federal or State court of competent jurisdiction by an employee or
- prospective employee for or on behalf of such employee, prospective
- employee, and for other employees or prospective employees similarly
- situated. No such action may be commenced more than 3 years after the
- date of the alleged violation.
-
- (3) The court, in its discretion, may allow the prevailing (other
- than the United States) reasonable costs, including attorney's fees.
-
- (d) WAIVER OF RIGHTS PROHIBITED.--The rights and procedures
- provided by this Act may not be waived by contract or otherwise,
- unless such a waiver is part of a written settlement agreed to and
- signed by the parties to the pending action or complaint under this
- Act.
-
- SEC.8.REGULATIONS.
-
- The Secretary shall, within 6 months after the date of the
- enactment of this Act, issue rules and regulations to carry out the
- provisions of this Act.
-
- SEC.8.INAPPLICABLE TO MONITORING CONDUCTED BY LAW ENFORCEMENT
- AGENCIES.
-
- This At shall not apply to electronic monitoring administered by
- law enforcement agencies as may otherwise be permitted in criminal
- investigations.
-
- -- end S516 --
-
- ------------------------------
-
- Date: 9 Nov 91 11:29:54 CDT
- From: Len Rose <federal@prison.north.carolina>
- Subject: File 7-- Letter from Prison (part 2 of 2)
-
- Following is the second of the two-part letter by Len Rose. It
- reinforces our own view that there is no such place as an "easy time"
- prison. Len is no different than many other first-time, non-violent
- offenders: Loneliness and emotional deprivation border on "cruel and
- unusual punishment." It is not the loss of freedom, but the disruption
- of family and consequences of incarceration on the innocent that make
- prisons especially hard for offenders. Those wishing a chronology and
- background of Len's case can obtain it from the Len Rose file in the
- CuD ftp archives at widener or uchicago.
-
- Sheldon Zenner, Len's former attorney, has agreed to serve as a
- conduit for funds to help Len's family. Checks or money orders (*NO
- CASH*) should be made out to:
-
- Sheldon T. Zenner
- RE: Len Rose
- Katten, Muchin, and Zavis
- 525 West Monroe Street (Suite 1600)
- Chicago, IL 60606-3693
-
- BE SURE TO PUT LEN'S NAME ON THE CHECK AND AN INDICATION IN THE MEMO
- SECTION THAT IT'S FOR LEN ROSE so it may be directed properly.
-
- Len's address for those who've missed it:
-
- Len Rose (27154-037)
- FPC
- Seymour Johnson AFB
- Caller Box 8004
- PMB 187
- Goldsboro, NC 27531-8004
-
- He would appreciate a letter or post card.
-
- +++ Len's letter follows +++
-
- I am desperate for my family. My wife has run out of money, and she is
- on her own. Normally, this wouldn't be that serious, but she is
- handicapped by lack of English skills, and no marketable job skills.
- She has two small children to care for, ages six and three, and can't
- afford day care/baby sitters if she did obtain minimum wage
- employment. I was able to raise $5,000 from the sale of some of the
- equipment that was kindly returned to me by the Secret Service. It
- was not enough. She receives some public assistance, but it isn't
- enough to sustain them. I understand that she is on a waiting list for
- subsidy for public housing, but was also told there is a two-year
- backlog.
-
- Since we cannot conduct a useful correspondence via written medium,
- and cannot afford to telephone, we are virtually cut-off from each
- other. The phone bill has not been paid, and it looks like that will
- soon be cut off (We are only allowed to make collect calls here). My
- wife has bravely survived for four months, and I feel very lucky to be
- married to her. She has endured so much these last two years. I am
- proud of her.
-
- They are the ones who are really being punished. I am quite capable of
- serving my 10 and a half month sentence. It is mental hell, but I can
- handle it. They however, may not. If I could be released to home
- detention or perhaps a halfway house, I could return to the work force
- and support them. I can only wonder at the logic behind my sentence,
- but at this point I am no longer bitter. I am in stasis. I cannot and
- will not allow myself to think of what was or might have been. To
- indulge in such opens the door to thoughts which are at this point
- self-destructive. I have learned that when survival is pitted against
- pride, instincts take over. I have become (I hope) a model prisoner.
- I work hard. I do what I am told, and smile. I am pleasant and
- respectful. I have only one desire. I must be free. My family's
- survival--my children--depend on me. Things look very bleak now. I
- have put my faith in God that I can get out before they are on the
- street, are taken away and placed in foster care. I have received so
- much help from various people. They know who they are. More thanks are
- not enough, and if I am ever fortunate enough to be a success again,
- they will be repaid.
-
- Right now, it looks like my family doesn't stand much of a chance. If
- I can be released in time, I can save them from a very harsh fate.
-
- Prison has enlightened me in several ways. Loneliness--I never dreamt
- that it had such depths. I am never alone here, yet I am extremely
- lonely for my wife, Sun. After 11 years (soon to be 12!) of marriage,
- she has become part of me. I don't feel whole. It's also bizarre how
- much I came to depend on my children. My three year old daughter
- warmed my heart like nothing else could. My son, six years old, had
- finally grown to the point where he had become a friend. I could spend
- hours with him just talking. Being separated from them has been the
- worst punishment. I think that is the key to being in prison: It is
- not the conditions or physical confinement. Being cut off from loved
- ones is terrible. Especially when they need you.
-
- My wife is serving my prison sentence. My children are also. Me? I am
- fine, I suppose. If I were single, I could stay here and eventually
- cope. I have all my needs provided for. I don't have to worry about
- next month's rent, or food, or having the electricity cut off in the
- middle of winter. My wife does.
-
- My loneliness for my wife is the harshest part of my imprisonment.
- Since we cannot write each other (as in meaningful communication),
- it's been sheer torture for me, and I'm sure for her as well. Before
- you accuse me of complaining, I'd like to say that I accept what has
- happened to me. I have learned to live with my fate. It took a long
- time for that, believe me. At this point in my life, I only wish to
- return to my family. I'd like to resume a normal life and hopefully
- earn a decent living. Perhaps, in time, I can heal my family's wounds.
-
- I am very proud of my wife. She has been the source of my resolve.
- Her loyalty and her strength have kept me going. She has seen her
- world crumble, and she still keeps a brave face on life. I pray for
- them every night and also pray for my release. Some people have told
- me that prison will force you to learn more about yourself. I have
- learned a great deal. I know that I have discovered that I really do
- love my wife. I took so many things for granted before.
-
- Len
-
- ------------------------------
-
- Date: 23 Oct 91 19:08:41 EDT
- From: Gordon Meyer <72307.1502@COMPUSERVE.COM>
- Subject: File 8-- "Password violations helped Hill hacker"
-
- "Password violations helped Hill hacker"
- Ogden Standard-Examiner Wednesday, Oct 9, 1991 Page 3C (Utah/Local)
-
- SALT LAKE CITY (AP) - A military auditor had little difficulty
- breaking into restricted Hill Air Force Base computer files and using
- them to leapfrog into other Air Force computers in Texas, Georgia and
- Ohio, according to an Air Force Audit Agency report.
-
- The auditor's secret to access was taking advantage of procedural
- violations, the audit said. When prompted for a password by the Hill
- computer, he typed the first or last name of people who worked on the
- computers. Under Air Force regulation, names are not supposed to be
- used for such passwords.
-
- In a copyright story Tuesday, the Desert News [of Salt Lake City,
- Utah] reported that the agency also said inspection of computers at
- Hill showed some people had installed "pirated" software programs
- illegally, and others improperly used commercial programs that had not
- been inspected for possible computer viruses that could destroy
- important files.
-
- The auditor decided to test computer security at Hill's Ogden Air
- Logistics Center - on of five centers that order supplies for the Air
- Force - by obtaining a list of people who worked on computers there
- and trying to gain access using their names.
-
- "Systems-user-created passwords related to the personal identity in
- three of four systems reviewed, enabling the auditor to make
- unauthorized entries into 13 (total) systems," he wrote.
-
- One of the passwords he discovered was for a systems programmer, which
- gave the auditor access to virtually ever file in that system. It
- also allowed him to compromise "almost all" of the passwords there -
- some of which were good on other systems, too, the report said.
-
- With that, he said he was able to raid restricted systems around Hill
- that contained information on contracts, orders, material needs and
- electronic mail for base personnel. "Potential existed (for) ...
- manipulation or destruction of sensitive data," he wrote.
-
- The auditor noted all users have since been instructed about proper
- selection of passwords, and new software has been installed in some
- systems to automatically stop use of names.
-
- Hill spokesman Len Barry added that new systems require use of both
- numbers and letter for passwords. Further, programs do not allow the
- same password to be used in more than one system.
-
- ------------------------------
-
- End of Computer Underground Digest #3.40
- ************************************
-
-