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- Computer underground Digest Wed Feb 3, 1993 Volume 5 : Issue 10
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Copy Editor: Etaion Shrdlu, Junoir
-
- CONTENTS, #5.10 (Feb 3, 1993)
- File 1--Steve Jackson Games Trial Summary
- File 2--More Background on SJG Trial
- File 3--Steve Jackson Games case (Day 1)
- File 4--Steve Jackson Games Update 1/28/93 Day 2)
- File 5--Houston Chron's View of Abernathy Trial (Reprint)
- File 6--the most wonderful thing happened at the trial
- File 7--Cell-phone encryption and tapping
- File 8--Clever Tactics Against Piracy
- File 9--Rusty and Edie's BBS raided by FBI
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost from tk0jut2@mvs.cso.niu.edu. The editors may be
- contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at:
- Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115.
-
- Issues of CuD can also be found in the Usenet comp.society.cu-digest
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- LAWSIG, and DL0 and DL12 of TELECOM; on GEnie in the PF*NPC RT
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- 466893; and using anonymous FTP on the Internet from ftp.eff.org
- (192.88.144.4) in /pub/cud, red.css.itd.umich.edu (141.211.182.91) in
- /cud, halcyon.com (192.135.191.2) in /pub/mirror/cud, and
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-
- 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 for non-profit as long
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- relating to computer culture and communication. Articles are
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- 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.
-
- ----------------------------------------------------------------------
-
- Date: Sat, 30 Jan 93 22:01:33 CST
- From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 1--Steve Jackson Games Trial Summary
-
- The Steve Jackson Games federal trial ended last Thursday in U.S.
- District Court in Austin. Participants are now waiting for Judge Sam
- Sparks' decision. For those not familiar with the case, here's a
- summary excerpted from EFFector Online #1.04 (May 1, 1991).
-
- On March 1, 1990, the United States Secret Service nearly
- destroyed Steve Jackson Games (SJG), an award-winning publishing
- business in Austin, Texas.
-
- In an early morning raid with an unlawful and unconstitutional
- warrant, agents of the Secret Service conducted a search of the
- SJG office. When they left they took a manuscript being prepared
- for publication, private electronic mail, and several computers,
- including the hardware and software of the SJG Computer Bulletin
- Board System. Yet Jackson and his business were not only
- innocent of any crime, but never suspects in the first place.
- The raid had been staged on the unfounded suspicion that
- somewhere in Jackson's office there "might be" a document
- compromising the security of the 911 telephone system.
-
- In the months that followed, Jackson saw the business he had
- built up over many years dragged to the edge of bankruptcy. SJG
- was a successful and prestigious publisher of books and other
- materials used in adventure role-playing games. Jackson also
- operated a computer bulletin board system (BBS) to communicate
- with his customers and writers and obtain feedback and
- suggestions on new gaming ideas. The bulletin board was also the
- repository of private electronic mail belonging to several of its
- users. This private mail was seized in the raid. Despite
- repeated requests for the return of his manuscripts and
- equipment, the Secret Service has refused to comply fully.
-
- Today, more than a year after that raid, The Electronic Frontier
- Foundation, acting with SJG owner Steve Jackson, has filed a
- precedent setting civil suit against the United States Secret
- Service, Secret Service Agents Timothy Foley and Barbara Golden,
- Assistant United States Attorney William Cook, and Henry
- Kluepfel.
-
- "This is the most important case brought to date," said EFF
- general counsel Mike Godwin, "to vindicate the Constitutional
- rights of the users of computer-based communications technology.
- It will establish the Constitutional dimension of electronic
- expression. It also will be one of the first cases that invokes
- the Electronic Communications and Privacy Act as a shield and not
- as a sword -- an act that guarantees users of this digital medium
- the same privacy protections enjoyed by those who use the
- telephone and the U.S. Mail."
-
- ------------------------------
-
- Date: Wed, 20 Jan 1993 04:26:54 GMT
- From: knight@eff.org (Craig Neidorf)
- Subject: File 2--More Background on SJG Trial
-
- Today, January 19, 1993 was to be the first day in the trial of
- Steve Jackson Games, et al. v. United States Secret Service. Because
- of predictable courtroom legal games, it has been delayed, but I
- wanted to remind you all of some of the history behind it.
-
- Three years ago in 1990, January 19 was a Friday. It was 4 days
- after AT&T shut down for 9 hours during Martin Luther King's birthday,
- and with reference to its significance to the SJGames proceedings, it
- was the day the USSS served a Federal search warrant at the Zeta Beta
- Tau fraternity house at the University of Missouri-Columbia. I was
- the intended and actual victim as Special Agents Tim Foley and Barbara
- Golden, accompanied by Reed Newlin (Southwestern Bell security), and
- officers from the University police and the University's
- administrative office tore through my room with a legal license
- written so broad that they could have walked off with tv, vcr, and
- refrigerator.
-
- Desperately searching for traces of the public 911 information
- and copies of Phrack Magazine, the SS came up empty, but not before
- they had completely harassed and intimidated me.
-
- As the raid began, the University police physically restrained me
- even though I made no attempt to stop them nor did they have any
- reason to believe I would respond violently. I asked to see their
- warrant and they went inside.
-
- Unlike other USSS raids in 1990 there were no guns were drawn...
- but I suppose that the presence of some 30+ witnesses cramming the
- halls watching them, probably helped the agents keep it holstered as
- well.
-
- Eventually, I was allowed to seat myself on the floor outside my
- room where I could partially see and hear what the agents were doing
- and saying (diagram of my room is at end of posting).
-
- They went right to work, starting with jotting down the serial
- numbers of every electrical device in the room to check and see if it
- was stolen property. I wasn't worried about that.
-
- All of my school books and notebooks for class were checked for
- illegal information.
-
- After noticing a book about law schools on my shelf, the agents
- had themselves a good laugh about how I would never have that option
- when they were through with me.
-
- Agent Foley was prepared to remove my entire audio compact disc
- collection as evidence (of what I have no idea), until Agent Golden
- informed him that I could not use them in my Apple IIc 5 1/4 inch
- floppy drive (instead she told him I could have used them in a 3 1/2
- inch drive).
-
- Copies of the Phrack subscriber list were taken along with a
- notebook containing newspaper clippings about Robert Morris and other
- noteworthy people and incidents relating to computers. The SS decided
- that reading the Wall Street Journal and saving some articles was at
- the least suspicious, if not a felony. (Among hundreds of other names
- and Internet addresses, the subscriber list contained an entry for an
- individual who was an employee for Steve Jackson Games.)
-
- And then the telephone rang...
-
- I began to get up when the police forced me back down. Agent
- Foley noticed the commotion and remarked "They'll call back!" And
- that is when the answering machine clicked on. The agents chuckled
- since they knew they were about to hear a private message being
- delivered to me. It was like they were wiretapping without a warrant.
- The caller didn't identify himself. He didn't need to. It was my
- co-editor, desperately trying to find out what was happening and
- letting me know his intention to drive to Columbia that evening.
-
- After the ceiling tiles had been lifted, the furniture moved away
- from the walls, the mattress flipped, and the carpet pulled up, the
- agents decided to leave (believe it or not they completely ignored the
- bottle of Barcardi that was sitting in there).
-
- As I plead with them not to take my Apple computer, Agent Foley
- declined to speak with me unless I was Mirandized again. I decided a
- Q&A session would be inappropriate at this time so I declined. But
- before he left, Foley informed me that I was not under arrest, but I
- was going to jail for violating the Computer Fraud & Abuse Act of
- 1986, for the illegal Interstate Transportation of Stolen Property,
- and for Wire Fraud.
-
- On February 6, 1990 (18 days later) I was indicted.
-
- As most of you should be familiar with, the First
- Amendment/intellectual property law battle concerning Phrack's
- publication of the public 911 information ended with the government
- dropping the case after 7 months of putting me through hell and 5 days
- in Federal court in Chicago.
-
- The legal battle that followed cost me over $109,000 before it
- was completely over. My family and I are still making payments on a
- monthly basis and we are far from finished.
-
- ++++++++++
- Diagram is not to scale (i.e., my room was really tiny):
-
-
- ____________________________________ WINDOW ________
- | | | |
- s dresser | | bed |
- h | | |
- e __________| |___________________________________|
- l desk | _______|
- v w/ | |night |<--phone
- e Apple | chair |table |<--ans.
- s comp. | |_______| machine
- |_______| _____ _________|
- s stand | | t | | |
- h for | | a | | |
- e tv/vcr| | b | | |
- l refrig| | l | | sofa |
- v_______| | e | | |
- e |_____| | |
- s |_________|
- | |
- | ______ CLOSET _________ CLOSET ______|
- | | |
- | | |
- | | |
- | | |
- | | |
- | | |
- |__ DOOR __|_________________________________________|
-
- H A L L W A Y of fraternity house
-
- ------------------------------
-
- Date: Wed, 27 Jan 93 12:49:07 EST
- From: Mike Godwin <mnemonic@EFF.ORG>
- Subject: File 3--Steve Jackson Games case (Day 1)
-
- EFF Staff Attorney Shari Steele writes the following from Austin, Texas.
-
- >From ssteele Tue Jan 26 18:59:17 1993
- Date--Tue, 26 Jan 1993 18:58:54 -0500
- To--eff-board, eff-staff
- From--ssteele (Shari Steele)
-
- The Steve Jackson Games case finally got underway a little after 1:00
- pm today. There were settlement efforts up until the end, but it
- turned out the attorneys for the government could not get approval
- from DC for the terms necessary. Jim George and Pete Kennedy did a
- terrific job of representing our plaintiffs in the case. First they
- sequestered all witnesses so they couldn't hear each others' stories
- in attempts to make them match. Then they called Tim Foley (Secret
- Service) as the first witness. They asked him lots of questions about
- his knowledge at the time of the raid. He testified that he did not
- know whether Phrack, with the evil E-911 document, had been sent to
- SJG. He also said that he knew that e-mail was on the menu of the
- BBS, implying that there was e-mail on the system at the time of the
- seizure (although he denied actually knowing if there was e-mail on
- the system. He denied ever making the statement that GURPS Cyberpunk
- was a handbook for computer crime. He wouldn't give Steve copies of
- anything from the machine that ran the BBS because he was afraid it
- might have been "booby-trapped." He also didn't know Congress had
- passed any laws giving special protection during searches to
- publishers.
-
- They next called Larry Coutorie, police officer at the University of
- Texas. The original affidavit filed by Foley to support the search
- warrant stated that Coutorie provided the Secret Service with
- Blankenship's (SJG employee suspected of evil-doing) address and place
- of business. Coutorie insisted that he didn't remember doing that,
- and agreed with Pete Kennedy as he proved that he couldn't have known
- anything about Blankenship to pass on. It was a good moment!
-
- Barbara Golden, Secret Service in charge of search on-site (Foley was
- not on-site at the time of the search) was next called. She started
- out by admitting that she didn't know anything about computers -- that
- she had telco people conducting the search under her supervision. She
- also didn't know there was a special law for publishers regarding
- searches. She was the one who decided to take the entire BBS, but she
- didn't even check to see what the system contained. Once she
- completed the inventory of what was taken, she was no longer involved
- with the case.
-
- Steve Jackson was called next. He gave a demo of the BBS as it was
- returned to him by the Secret Service that the judge seemed to really
- enjoy. He testified that the Secret Service took 3 computers (1 was
- completely disassembled - they took the parts), 2 hard disks, and more
- than 300 floppies. Steve's testimony will continue tomorrow morning.
-
- All in all, I think the trial is going quite well. The judge has a
- very dry sense of humor and is very down-to-earth -- he's left his
- robe unzipped the whole trial. He's not a technoid, but he seems to
- be trying to understand. I'll report again tomorrow. Shari
-
- ------------------------------
-
- From: Mike Godwin <mnemonic@EFF.ORG>
- Subject: File 4--Steve Jackson Games Update 1/28/93 Day 2)
- Date: Thu, 28 Jan 93 0:15:02 EST
-
- Day Two of the Steve Jackson Games trial, from
- Shari Steele.
-
- Hi everyone.
-
- Well, day two of the Steve Jackson Games trial was a long one -- the
- judge heard plaintiffs' case from 8:30 a.m. until 6:30 p.m. By the
- end of the day, the plaintiffs had finished.
-
- The day started off with Steve Jackson back on the stand. Steve
- talked about how all copies of the slated-to-be-released-soon fantasy
- game GURPS Cyberpunk had been seized. He went to the Secret Service
- office in Austin the next day with a box of formatted floppies to copy
- all of the seized disks, accompanied by a local attorney. When he
- arrived, Agent Foley set the ground rules. Steve would only be
- permitted to copy files from the one computer that had been sitting on
- Loyd Blankenship's desk (which did not contain the BBS). He was not
- permitted to physically touch the computer. He was to state which
- files he wanted to copy, and Secret Service agents would read the text
- of the files first and then determine if he could have a copy.
- Sitting down next to an agent at the computer, Steve asked for a
- directory listing to determine which files to request. The agent did
- not know how to call up a directory list. (For those of you
- unfamiliar with Cc: eff-austin-directors@tic.com, these groups@tic.com
- DOS, this is VERY BASIC stuff.)
-
- Steve further testified that agents reading the files made derogatory
- comments. (At one point, reading a file from GURPS Cyberpunk that
- Steve had requested to copy, Agent Foley asked if Steve realized he
- was writing a handbook for computer crime.) After less than two
- hours, and with only nine files out of several hundred copied, Agent
- Foley called an end to the copying. One week later, Steve laid off
- eight out of his 18 employees. As Steve described, this whole
- incident has "made me grouchier, angrier and harder to get along
- with." The Secret Service never told him why they were investigating
- him. If they had asked, he would have given them access to the
- materials they wanted.
-
- Cross examination on Steve revealed that SJG had had two bad years
- financially before the Secret Service raid -- in fact, Steve admitted
- about looking into chapter 11 bankruptcy at the end of 1989. In
- addition, there was evidence that GURPS Cyberpunk was not going to
- make deadline days before the raid took place. The defense then tried
- to imply that the company, which made profits in 1991 and 1992, may
- have been *helped* by the publicity of the raid. The judge did not
- seem to buy it.
-
- The three other plaintiffs were each called in turn. They each
- testified about personal e-mail that had been deleted from the system
- and how they had expected their communications to be as private as
- telephone calls. They described fearing the Secret Service would
- investigate them personally, since there was no comforting explanation
- for why the raid took place. One plaintiff told how he never could
- solicit feedback on a mat he had written for SJG, since
- feedback was generally given on the seized BBS.
-
- The next witness called was Wayne Bell, the programmer who developed
- the WWIV software that ran the BBS. Wayne testified that he looked at
- the backup disk Steve had made when the files were returned from the
- Secret Service. According to that file, all electronic mail had been
- deleted from the system. Some of it, at least, had been deleted on
- March 20, 1993 (almost 3 weeks after the Secret Service had seized the
- computer), since that was the last day the mail file had been
- accessed. The mail file itself had not been deleted, and some
- fragments of files could be recovered using Norton's utilities. These
- facts indicated that the mail had been deleted one message at a time
- after it had been displayed on a user's screen, implying that the
- Secret Service had read all of the mail on the system. This testimony
- was very technical, and I'm not sure the judge really understood what
- was going on.
-
- Our old friend Henry Kluepfel, Director of Network Security Technology
- at Belcore, was next to take the stand. He advanced a new theory.
- The application for the search warrant contained facts supplied in
- large part by Hank. Yet the facts of the case indicated that the BBS
- running out of Loyd Blankenship's home, called the Phoenix Project,
- was the one that contained the evil 911 document, not the Illuminati
- BBS running out of SJG.
- Hank testified that after February 7, he couldn't figure out where
- the Phoenix Project resided -- there was no answer at its old number.
- Since Loyd Blankenship also had sysop privileges at the Illuminati
- BBS, and both BBSs ran on the same software (WWIV), Hank concluded
- that it was possible that Illuminati was actually the Phoenix Project,
- or that the Phoenix Project BBS was hidden behind a door on
- Illuminati. Hank testified that it was quite common to hide BBSs
- within other BBSs. (?) Anyway, during cross, Pete Kennedy asked how
- many users the two BBSs had in common according to the user lists Hank
- had printed out from both boards. Loyd was the only mutual user!
- Hank also went into a lengthy (and boring) description of an evil
- password decryption scheme Erik Bloodaxe and Loyd were plotting on the
- Phoenix Project. (BTW, Hank's handle during his investigation was
- rot.doc.)
-
- Next up was William Cook, retired US Attorney out of Chicago.
- Cook's testimony was the most helpful of the day. He put together
- the warrant, and claimed the evil E-911 document was worth the same
- $79,000 that was shot down in Craig Neidorf's trial. So Cook got to
- go through a bit of the expenditure breakdown, until the judge put an
- end to it and warned Pete Kennedy to move on. Cook testified that he
- did not know SJG was a publisher and had made no efforts to determine
- what type of a business it was. He did not advise the Secret Service
- of the Privacy Protection Act, which protects publishers from having
- their works-in-progress seized. He didn't advise the SS that there
- was e-mail involved. And he never advised the SS of the wiretap
- statute. He next said two things that I found extremely interesting.
- First, he told of the Computer Emergency Response Team (C.E.R.T.), an
- arm of the defense department that is "responsible for policing the
- Internet." Gulp! (They apparently were the group that visited Craig
- in Missouri.) The other interesting thing to me was, when Pete
- Kennedy said, "Isn't it true that no charges have been brought against
- Loyd Blankenship?", Cook replied, "There is still an ongoing
- investigation. No charges have yet been filed." They don't usually
- admit that stuff! One victorious moment worth mentioning: Cook said
- that if the Secret Service had been told that SJG was a publishing
- company, they should have ceased doing the search. Yesterday we saw
- part of a homemade video courtesy of the SS themselves that clearly
- had an SJG employee telling an SS agent that they were a publishing
- company. Cook also interpreted ECPA (Electronic Communications
- Privacy Act) as not applying here, since these were stored
- communications, not in transit. The judge made a big deal of asking
- him if this conclusion of unread e-mail not being in transit was his
- own interpretation of the statute, or if he was getting it from
- somewhere. Cook admitted it was his own interpretation.
-
- The final person to testify was an accountant who explained why SJG is
- seeking over $2 million in damages and Steve Jackson is seeking over
- $150,000 in lost royalties.
-
- Tomorrow . . . the government begins its case.
- Shari
-
- ------------------------------
-
- Date: Sat, 30 Jan 93 22:41:33 CST
- From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 5--Houston Chron's View of Abernathy Trial (Reprint)
-
- (Reposted from: TELECOM Digest Fri, 29 Jan 93 Volume 13 : Issue 51)
-
- From-- pacoid@wixer.cactus.org (Paco Xander Nathan)
- Subject-- Steve Jackson Games - Day 2
- Organization-- Houston Chronicle
- Date-- Fri, 29 Jan 1993 06--59--06 GMT
-
- [Moderator's Note: This is the second part in a group of messages
- received here discussing the trial. A third part will be published
- later today, and followups will appear as they are recieved. PAT]
-
- Steve Jackson Games/Secret Service Trial -- Day Two
-
- By JOE ABERNATHY
- Copyright 1993, Houston Chronicle
-
- AUSTIN -- A young woman read aloud a deeply personal friendship
- letter Wednesday in a federal civil lawsuit intended to establish the
- human dimension and constitutional guarantees of electronic assembly
- and communication.
-
- Testimony indicated that the letter read by Elizabeth Cayce-McCoy
- previously had been seized, printed and reviewed by the Secret
- Service.
-
- Her correspondence was among 162 undelivered personal letters
- testimony indicated were taken by the government in March 1990 during
- a raid on Steve JaCkson Games, which ran an electronic bulletin board
- system as a service to its customers.
-
- Attorneys for the Austin game publisher contend that the seizure of
- the bulletin board represents a violation of the Electronic
- Communications Privacy Act, which is based on Fourth Amendment
- protections against unreasonable search and seizure.
-
- "Because you bring such joy to my friend Walter's life, and also
- because I liked you when I met you, though I wish I could have seen
- your lovely face a little more, I'll send you an autographed copy of
- Bestiary," said McCoy, reading in part from a letter penned by Steffan
- O'Sullivan, the author of the GURPS Bestiary, a fantasy treatise on
- mythical creatures large and small.
-
- Although the correspondence entered the public record upon McCoy's
- reading, the Chronicle obtained explicit permission from the
- principles before excerpting from it.
-
- The electronic mail was contained on the game publisher's public
- bulletin board system, Illuminati, which allowed game-players, authors
- and others to exchange public and personal documents. After agents
- seized the BBS during a raid staged as part of a nationwide crackdown
- on computer crime, Secret Service analysts reviewed, printed and
- deleted the 162 pieces of undelivered mail, testimony indicated.
-
- When the BBS computer was returned to its owner several months later,
- a computer expert was able to resurrect many of the deleted
- communications, including McCoy's friendship letter.
-
- "I never thought anyone would read my mail," she testified. "I was
- very shocked and embarrassed.
-
- "When I told my father that the Secret Service had taken the Steve
- Jackson bulletin board for some reason, he became very upset. He
- thought that I had been linked to some computer crime investigation,
- and that now our computers would be taken."
-
- O'Sullivan, who is a free-lance game writer employed by Steve
- Jackson, followed McCoy to the stand, where he testified that agents
- intercepted -- via the Illuminati seizure -- a critical piece of
- electronic mail seeking to establish when a quarterly royalty check
- would arrive.
-
- "That letter never arrived, and I had to borrow money to pay the
- rent," he said.
-
- No charges were ever filed in connection with the raid on Steve
- Jackson Games or the simultaneous raid of the Austin home of Jackson
- employee Loyd Blankenship, whose reputed membership in the Legion of
- Doom hackers' group triggered the raids.
-
- Plaintiffs contend that the government's search-and-seizure policies
- have cast a chill over a constitutionally protected form of public
- assembly carried out on bulletin boards, which serve as community
- centers often used by hundreds of people. More than 300 people were
- denied use of Jackson's bulletin board, called Illuminati, for several
- months after the raid, and documents filed with the court claim that a
- broader, continuing chill has been cast over the online community at
- large.
-
- The lawsuit against the Secret Service seeks to establish that the
- Electronic Communications Privacy Act guarantees the privacy of
- electronic mail. If U.S. District Court Judge Sam Sparks accepts this
- contention, it would become necessary for the government to obtain
- warrants for each caller to a bulletin board before seizing it.
-
- The Justice Department contends that users of electronic mail do not
- have a reasonable expectation to privacy, because they are voluntarily
- "disclosing" their mail to a third party -- the owner of the bulletin
- board system.
-
- "We weren't going to intercept electronic mail. We were going to
- access stored information," said William J. Cook, a former assistant
- U.S. Attorney in Chicago who wrote the affidavit for the search
- warrant used in the Steve Jackson raid.
-
- The Justice Department attorneys did not substantially challenge
- testimony by any of the several witnesses who were denied use of
- Illuminati. They did, however, seek to prevent those witnesses from
- testifying -- by conceding their interests -- after Cayce's compelling
- appearance led off the series of witnesses.
-
- Most of the Justice Department's energies were directed toward
- countering damage claims made by Steve Jackson, whose testimony opened
- the second day of the trial. Most of the day's testimony was devoted
- to a complex give-and-take on accounting issues. Some $2 million is
- being sought in damages.
-
- Justice sought to counter the widely repeated assertion that Steve
- Jackson Games was nearly put out of business by the raid by showing
- that the company was already struggling financially when the raid was
- conducted. An accountant called by the plaintiffs countered that all
- of Jackson's financial problems had been corrected by a reorganization
- in late 1989.
-
- ------------------------------
-
- Date: Thu, 28 Jan 1993 19:09:08 GMT
-
- From: ssteele (Shari Steele)
- Subject: File 6--the most wonderful thing happened at the trial
-
- I really don't have much time to write, but I just witnessed one of
- the most dramatic courtroom events. The judge in the Steve Jackson
- Games trial just spent 15 minutes straight reprimanding Agent Timothy
- Foley of the United States Secret Service for the behavior of the
- United States regarding the raid and subsequent investigation of Steve
- Jackson Games. He asked Foley, in random order (some of this is
- quotes, some is paraphrasing because I couldn't write fast enough):
-
- How long would it have taken you to find out what type of business
- Steve Jackson Games does? One hour? In any investigation prior to
- March 1st (the day of the raid) was there any evidence that implicated
- Steve Jackson or Steve Jackson Games, other than Blankenship's
- presence? You had a request from the owner to give the computers and
- disks back. You knew a lawyer was called. Why couldn't a copy of the
- information contained on the disks be given within a matter of days?
- How long would it have taken to copy all disks? 24 hours? Who
- indicated that Steve Jackson was running some kind of illegal
- activity? Since the equipment was not accessed at the Secret Service
- office in Chicago after March 27, 1990, why wasn't the equipment
- released on March 28th? Did you or anyone else do any investigation
- after March 1st into the nature of Mr. Jackson and his business? You
- say that Coutorie told you it was a game company. You had the owner
- standing right in front of you on March 2nd. Is it your testimony
- that the first time that you realized that he was a publisher and had
- business records on the machine was when this suit was filed?
-
- The government was so shaken, they rested their case, never even
- calling Barbara Golden or any of their other witnesses to the stand.
- Closing arguments are set for this afternoon. It truly was a day that
- every lawyer dreams about. The judge told the Secret Service that
- they had been very wrong. I'll try to give a full report later.
- Shari
-
- ------------------------------
-
- Date: Sat, 30 Jan 93 13:19:38 +0000
- From: "G.R.L. Walker" <grlw1@CUS.CAM.AC.UK>
- Subject: File 7--Cell-phone encryption and tapping
-
- Transcript of an article in New Scientist, 30 Jan 1993
-
- Spymasters fear bug-proof cellphones
- (Barry Fox, Bahrain)
-
- One of the jewels of Europe's electronics industry, the new
- all-digital cellular phone system GSM, may be blocked from export to
- other countries around the world by Britain's Department of Trade and
- Industry. The DTI objects to the exports because it believes the
- encryption system that GSM uses to code its messages is too good.
- Sources say this is because the security services and military
- establishment in Britain and the US fear they will no longer be able
- [to] eavesdrop on telephone conversations. Few people believe GSM
- needs such powerful encryption, but the makers of GSM complain that
- the DTI has woken to the problem five years too late.
-
- At MECOM 93, a conference on developing Arab communications held in
- Bahrain last week, many Gulf and Middle Eastern countries sought
- tenders for GSM systems, but the companies selling them could not
- agree terms without the go-ahead of the DTI. Qatar and the United Arab
- Emirates want to be first with GSM in the Gulf, with Bahrain next. GSM
- manufacturers are worried that the business will be lost to rival
- digital systems already on offer from the US and Japan.
-
- The Finnish electronics company Nokia, which is tendering for
- Bahrain's GSM contract, says "There is no logic. We don't know what is
- happening or why." A DTI spokeswoman would only say that exports
- outside Europe would need a licence and each case would be treated on
- its own merits.
-
- The GSM system was developed in the mid-1980s by the Groupe Special
- Mobile, a consortium of European manufacturers and telecommunications
- authorities. The technology was supported by European Commission and
- the GSM standard has now been agreed officially by 27 operators in 18
- European
- countries.
-
- GSM was designed to allow business travellers to use the same
- portable phone anywhere in Europe and be billed back home. This is
- impossible with the existing cellphone services because different
- countries use different analogue technology.
-
- The plan was for GSM to be in use across Europe by 1991, but the
- existing analogue services have been too successful. No cellphone
- operator wants to invest in a second network when the first is still
- making profits. So GSM manufacturers have been offering the technology
- for export.
-
- Whereas all existing cellular phone systems transmit speech as
- analogue waves, GSM converts speech into digital code. Foreseeing that
- users would want secure communications, the GSM designers built an
- encryption system called A5 into the standard; it is similar to the US
- government's Data Encryption Standard. British Telecom was involved in
- developing A5, so the British government has special rights to control
- its use.
-
- To crack the DES and A5 codes needs huge amounts of computer power.
- This is what alarmed the FBI in the US, which wants to be able to
- listen in to criminals who are using mobile phones. It also alarmed
- GCHQ, the British government's listening post at Cheltenham which
- monitors radio traffic round the world using satellites and sensitive
- ground-based receivers.
-
- The DTI has now asked for the GSM standard to be changed, either by
- watering down the encryption system, or by removing encryption
- altogether. This means that GSM manufacturers must redesign their
- microchips. But they cannot start until a new standard is set and the
- earliest hope of that is May.
-
- Any change will inevitably lead to two different GSM standards, so
- robbing GSM of its major selling point -- freedom to roam between
- countries with the same phone. Manufacturing costs will also rise as
- new chips are put into production.
-
- ------------------------------
-
- Date: Wed, 3 Feb 1993 14:50:24 GMT
- From: kadie@EFF.ORG(Carl M. Kadie)
- Subject: File 8--Clever Tactics Against Piracy
-
- A repost from: : comp-academic-freedom-talk-request@EFF.ORG
-
- Date--Fri, 29 Jan 93 14:16:11 +0100
- From--Jay Rolls <jrolls@frg.bbn.com>
- Subject--Clever Tactics Against Piracy
-
- I thought the info-mac readers would find this article
- interesting..... Jay Rolls, Stuttgart, Germany <jrolls@bbn.com>
-
- ((sent to RISKS by gio@DARPA.MIL (Gio Wiederhold) via many others))
-
- COMPUTER CHEATS TAKE CADSOFT'S BAIT
-
- Employees of IBM, Philips, the German federal interior ministry and
- the federal office for the protection of the constitution are among
- those who unwittingly 'turned themselves in' when a German computer
- software company resorted to an undercover strategy to find out who
- was using illegal copies of one of its programs.
-
- Hundreds of customers accepted Cadsoft's offer of a free demonstration
- program that, unknown to them, searched their computer hard disks for
- illegal copies. Where the search was successful, a message appeared
- on the monitor screen inviting the customer to print out and return a
- voucher for a free handbook of the latest version of the program.
- However, instead of a handbook the users received a letter from the
- Bavarian-based software company's lawyers.
-
- Since the demonstration program was distributed last June about 400
- people have returned the voucher, which contained coded information
- about the type of computer and the version of the illegally copied
- Cadsoft program being used. Cadsoft is now seeking damages of at
- least DM6,000 (ECU3,06E2) each from the illegal users.
-
- Cadsoft's tactics are justified by manager Rudolf Hofer as a necessary
- defence against pirate copying. The company had experienced a 30% drop
- since 1991 in sales of its successful Eagle design program, which
- retails at DM2,998. In contrast, demand for a DM25 demo version, which
- Cadsoft offered with the handbook of the full version, had jumped,
- indicating that people were acquiring the program from other sources.
-
- Although Cadsoft devised its plan with the help of lawyers, doubts
- have been raised about the legal acceptability of this type of
- computer detective work. In the case of government offices there is
- concern about data protection and official secrets. The search program
- may also have had side-effects that caused other files to be damaged
- or lost. Cadsoft is therefore preparing itself for what could be a
- long legal battle with some customers. So far it has reached
- out-of-court agreement with only about a quarter of those who
- incriminated themselves.
-
- ------------------------------
-
- Date: Tue, 2 Feb 1993 18:09:59 GMT
- From: ssteele@eff.org (Shari Steele)
- Subject: File 9--Rusty and Edie's BBS raided by FBI
-
- ((Comp.org.eff.talk repost))
-
- Hi everyone. I just received this wire from a Netfriend. I am so
- disappointed -- Rusty and Edie's was one of the most popular BBSs in
- the country. It was one of the few boards that turned a hefty profit
- as a business. I'm disappointed that 1) the board may have been
- engaging in illegal activities, 2) one of the BBS community's real
- success stories has been seized (and may not have been such a success
- story after all), and 3) the SPA is doing a lot of damage to the
- reputation of BBSs through its coordinated witch hunts of late. I've
- tried calling the folks at Rusty and Edie's all day to see if I can
- get their side of the story, but the board line just rings and rings,
- and the voice line has been constantly busy. I'll keep you posted as
- I learn more. If anyone out there knows more, please pass that on to
- me, too. Thanks. Shari
-
-
- WASHINGTON--(BUSINESS WIRE)--The Federation [sic] Bureau of
- Investigation on Saturday, Jan. 30, 1993, raided "Rusty & Edie's," a
- computer bulletin board located in Boardman, [sic -- it's really in
- Youngstown, I think] Ohio, which has allegedly been illegally
- distributing copyrighted software programs.
-
- Seized in the raid on the Rusty & Edie's bulletin board were
- computers, hard disk drives and telecommunications equipment, as well
- as financial and subscriber records.
-
- For the past several months, the Software Publishers Association
- ("SPA") has been working with the FBI in investigating the Rusty &
- Edie's bulletin board, and as part of that investigation has
- downloaded numerous copyrighted business and entertainment programs
- from the board.
-
- The SPA investigation was initiated following the receipt of
- complaints from a number of SPA members that their software was being
- illegally distributed on the Rusty & Edie's BBS.
-
- The Rusty & Edie's bulletin board was one of the largest private
- bulletin boards in the country. It had 124 nodes available to callers
- and over 14,000 subscribers throughout the United States and several
- foreign countries. To date, the board has logged in excess of 3.4
- million phone calls, with new calls coming in at the rate of over
- 4,000 per day. It was established in 1987 and had expanded to include
- over 19 gigabytes of storage housing over 100,000 files available to
- subscribers for downloading. It had paid subscribers throughout the
- United States and several foreign countries, including Canada,
- Luxembourg, France, Germany, Finland, the Netherlands, Spain, Sweden
- and the United Kingdom.
-
- A computer bulletin board allows personal computer users to access a
- host computer by a modem-equipped telephone to exchange information,
- including messages, files, and computer programs. The systems
- operator (Sysop) is generally responsible for the operation of the
- bulletin board and determines who is allowed to access the bulletin
- board and under what conditions.
-
- For a fee of $89.00 per year, subscribers to the Rusty & Edie's
- bulletin board were given access to the board's contents including
- many popular copyrighted business and entertainment packages.
- Subscribers could "download" or receive these files for use on their
- own computers without having to pay the copyrighted owner anything for
- them.
-
- "The SPA applauds the FBI's action today," said Ilene Rosenthal,
- general counsel for the SPA. "This shows that the FBI recognizes the
- harm that theft of intellectual property causes to one of the U.S.'s
- most vibrant industries. It clearly demonstrates a trend that the
- government understands the seriousness of software piracy." The SPA is
- actively working with the FBI in the investigation of computer
- bulletin boards, and similar raids on other boards are...(??). It
- clearly demonstrates a trend that the government understands the
- seriousness of software piracy." The SPA is actively working with the
- FBI in the investigation expected shortly.
-
- Whether it's copied from a program purchased at a neighborhood
- computer store or downloaded from a bulletin board thousands of miles
- away, pirated software adds to the cost of computing. According to
- the SPA, in 1991, the software industry lost $1.2 billion in the U.S.
- alone. Losses internationally are several billion dollars more. "Many
- people may not realize that software pirates cause prices to be
- higher, in part, to make up for publisher losses from piracy," says
- Ken Wasch, executive director of the SPA. In addition, they ruin the
- reputation of the hundreds of legitimate bulletin boards that serve an
- important function for computer users."
-
- The Software Publishers Association is the principal trade
- association of the personal computer software industry. It's over
- 1,000 members represent the leading publishers in the business,
- consumer and education software markets. The
- SPA has offices in Washington DC, and Paris, France.
- CONTACT: Software Publishers Association, Washington
- Ilene Rosenthal, 202/452-1600 Ext. 318
- Terri Childs, 202/452-1600 Ext. 320
-
- ------------------------------
-
- End of Computer Underground Digest #5.10
- ************************************
-