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-
- Computer underground Digest Sun Oct 8, 1995 Volume 7 : Issue 79
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Field Agent Extraordinaire: David Smith
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
-
- CONTENTS, #7.79 (Sun, Oct 8, 1995)
-
- File 1--What Me Worry? "The Real Cyberpunk Fakebook" reviewed
- File 2--Re: Minesota laws...
- File 3--Re Randal Schwartz (#7.78)
- File 4-- Datasphere Cliche Alert / Jargon Patrol #1, Oct. 2, 1995
- File 5-- ACLU Cyber-Liberties Update 10/4 (long)
- File 6--EYENET: The Loonie's Egg
- File 7--Cu Digest Header Info (unchanged since 19 Apr, 1995)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Thu, 5 Oct 1995 23:17:20 -0500 (CDT)
- From: Crypt Newsletter <crypt@sun.soci.niu.edu>
- Subject: 1--What Me Worry? "The Real Cyberpunk Fakebook" reviewed
-
- While browsing the local bookstore yesterday, Crypt ran across
- "Cyberpunk Handbook: The Real Cyberpunk Fakebook" by R.U. Sirius,
- St. Jude and Bart Nagel (Random House), writers for MONDO 2000
- and other publications that Crypt Newsletter does not understand.
-
- It's a humorous - I'm pretty sure - trade paperback for the
- unwashed masses. It's mission: tell the proles if they're cyberpunks,
- how to be one, or <wink-wink> how to fake being one. Bruce Sterling
- wrote the intro and somewhere in there, much to the humor desk's
- surprise, CuD and the Crypt Newsletter's Web sites are mentioned as
- a k3wel places to hang.
-
- In honor of this grand event and for a short time only, Crypt
- Newsletter will be conducting cyberpunk lessons on how to smoke
- clove cigarettes, drink Japanese beer, write in _elyte_ script, wear
- leather jackets, be sarcastic even while asleep, send the AT command
- to your modem, use hacked Celerity BBS software, get arrested for
- red-boxing, visit a "sting" board, read alt.2600, ask the password
- for Nowhere Man's Virus Creation Lab, get banned from Internet Relay
- Chat, watch "Johnny Mnemonic" and pretend to know what's going on,
- surf the Web and pretend to know what's going on, choose the correct
- hair pomade or coloring, recognize the best places to shop for rubber
- bondage wear or ritual scarification paraphernalia and - last - but
- most important, leave your credulity in the toilet.
-
- Unusual for this type of book, the authors have written it so that
- it's occasionally mean and cutting right around the time you begin
- to consider brandishing a virtual bludgeon in their direction. Did
- I mention it was a very amusing read for 10 bucks (cheap)??
-
- "The Real Cyberpunk Fakebook" features a photo of Eric Hughes in
- cyberpunk raiment on its cover, too. Right down to the duds, he's a
- dead ringer for Greg Strzempka, the singer for an obscure metal band
- named Raging Slab. It's true, by golly!
-
- The book is also loaded with photos of menacing-looking GenX'ers,
- cans of Jolt cola, one stuffed cat, an odd-looking leather
- device - perhaps used during sado-masochistic floggings, and someone
- with a chrome bolt through their tongue. If you are still bored, there's
- also a crossword puzzle or two.
-
- ------------------------------
-
- Date: Thu, 28 Sep 95 10:15 PDT
- From: Michael Gersten <michael@STB.INFO.COM>
- Subject: 2--Re: Minesota laws...
-
- This is really interesting.
-
- Quote:
- Minnesota's general criminal jurisdiction statute provides as
- follows:
-
- A person may be convicted and sentenced under the
- law of this State if the person:
-
- (1) Commits an offense in whole or in part within
- this state; or
-
- (2) Being without the state, causes, aids or abets
- another to commit a crime within the state; or
-
- (3) Being without the state, intentionally causes a
- result within the state prohibited by the criminal laws
- of this state.
-
- It is not a defense that the defendant's conduct is
- also a criminal offense under the laws of another state
- or of the United States or of another country.
-
- Minnesota Statute Section 609.025 (1994).
- ---
- Note that number 2 makes no distinction for common carrier status
- -- if a common carrier aids or abets another to commit a crime within
- the state, then that's a violation of state law.
-
- If we go after AT&T and the US P.S., then maybe the Minnesota
- judges will recognize limits to this law.
-
- As to the web, if I'm outside of minnesota, and someone inside of
- minnesota gets my page and reads it, then isn't the crime caused
- when they pull my page to them?
-
- This would just about kill usenet though -- that is distributed and
- stored within minnesota. Hmm.
-
- Maybe we should just put a header on our web pages that say "Only
- approved in <home_state>; if you get this in another state, you are
- responsible for following your local laws". But then that might make
- us responsible for odd local laws in our state somewhere else.
-
- <SIGH>. Whatever happened to the concept of individual
- responsibility in the law? Why am I responsible for every one else?
-
- (no, that's not a serious question :-)
-
- Michael
- p.s. Just realized that there is no distinction of country either. So
- someone in another country who posts something on gambling can
- be sued in minnesota court even if minnesota has no jurisdiction
- over them. Minnesota is claiming jurisdiction over the whole world
- with this -- can we challenge the law on those grounds?
-
- ------------------------------
-
- Date: 05 Oct 1995 21:10:48 -0700
- From: merlyn@STONEHENGE.COM(Randal L. Schwartz)
- Subject: 3--Re Randal Schwartz (#7.78)
-
- >>>>> "John" == jsq@mids.org writes:
-
- John> System Administration as a Criminal Activity
- John> or, the Strange Case of Randal Schwartz
-
- [...]
- [Quoting my fund@stonehenge.com response...]
-
- John> I regret that I cannot accept credit-card payments. If you cannot
- John> send a check, please buy a copy of the Llama book for a friend or the
- John> library (or for yourself)!
-
- There's now another way to help me with my continuing-to-mount legal
- bills. Here's the paragraph from the latest message:
-
- I also accept payments using the First Virtual Internet Payment
- System. Send email to info@fv.com for details. (You can get an
- account with a credit card and a $2 one-time fee.) If you'd like to
- donate that way, send me your FV buyer identifier and amount in US
- dollars, or visit http://www.teleport.com/cgi-bin/merlyn/donate for an
- on-line form.
-
- Details about the case, including a fairly comprehensive FAQ are
- available at http://www.usa1.com/fors.
-
- --
- Name: Randal L. Schwartz / Stonehenge Consulting Services (503)777-0095
- Keywords: Perl training, UNIX[tm] consulting, video production, skiing, flying
- Email: <merlyn@stonehenge.com> Snail: (Call) PGP-Key: (finger merlyn@ora.com)
- Web: <A HREF="http://www.teleport.com/~merlyn/">My Home Page!</A>
- Quote: "I'm telling you, if I could have five lines in my .sig, I would!" -- me
-
- ------------------------------
-
- From: Eugene Volokh <VOLOKH@LAW.UCLA.EDU>
- Date: Mon, 2 Oct 1995 21:23:34 PST
- Subject: 4-- Datasphere Cliche Alert / Jargon Patrol #1, Oct. 2, 1995
- To: list AMEND1-L <AMEND1-L@UAFSYSB.UARK.EDU>
-
- All reference counts from NEXIS database, CURNWS file, which
- reflects most of the major U.S. newspapers, a number of major
- foreign English-language ones, and many minor U.S. ones.
- CURNWS articles start in late 1993. Numbers may include a
- few false positives, plus duplications from articles published in
- more than one newspaper. [E. Volokh, UCLA.]
-
-
-
- CLICHE: DO NOT USE!
-
-
- "On the Internet, no-one knows you're a dog." 62 references.
- CLICHE, but still cute.
-
- "Road-kill on the information superhighway." 232 references, plus a
- really silly ad for Joop Jeans. CLICHE. Enough already.
-
-
-
-
- CLICHE IF YOU THINK YOU'RE BEING COOL,
- OK IF YOU'RE USING DESCRIPTIVELY
-
-
- "Cybersmut." 56 references.
- "Cyberporn." 339 references.
-
-
-
-
- SURPRISINGLY UNDERUSED
-
-
- "They don't call it the Net of a Million Lies for Nothing."
-
- No references in NEXIS media, though one reference in a
- law review article. From Vernor Vinge's SF book "Fire
- Upon the Deep," used by the characters as something of a
- proverb in referring to an Internet-like network of the
- future.
-
- "Datasphere."
-
- 35 references. Means the data flow that surrounds us, by
- analogy to "atmosphere". From Dan Simmons's SF book
- "Hyperion." LESS CLICHE than "cyberspace", but therefore
- LESS ACCESSIBLE.
-
-
-
- THE INFOBAHN / INFORMATION SUPERHIGHWAY WARS
-
-
- "Infobahn" still LESS CLICHE (though it's getting there):
- 53 references in September 1995 alone.
-
- "Information Superhighway": 839 references in September 1995.
-
- ------------------------------
-
- Date: Wed, 4 Oct 1995 10:37:44 -0500
- From: Stephen Smith <libertas@COMP.UARK.EDU>
- Subject: 5-- ACLU Cyber-Liberties Update 10/4 (long)
-
- October 4, 1995
- ACLU CYBER-LIBERTIES UPDATE **Premiere Issue**
- A bi-weekly online e91zine on cyber-liberties cases and controversies at the
- state and federal level.
- -------------------------------------------
- FEDERAL PAGE (Congress/Agency/Court Cases)
- ----------------------------------------------------------=
- "Virtual" Child Pornography Bill is Overbroad and Fails to Protect Real
- Children
-
- Despite the FBI's apparent success in raiding alleged child pornographers
- on America Online, Senator Orrin ctions of what "appears to be . . . a
- minor engaging in sexually explicit conduct;" and
- -visual depictions "advertised, promoted, presented, described, or
- distributed in such a manner that conveys the impression that the material
- is or contains a visual depiction of a minor engaging in sexually explicit
- conduct."
- In its effort to outlaw "virtual" child pornography, the bill would
- criminalize a wide range of constitutionally protected expression.
-
- Hatch attempts to justify the new bill by reference to a widely-publicized
- Canadian case in which a pornographer copied pictures of clothed children
- from catalogs and morphed them into child pornography. Senator Hatch
- claims that the case would not be covered under the existing federal child
- porn statute, but that issue has never been decided by a United States
- court. While the application of the existing statute to these facts is far
- from clear, the Hatch bill covers *much more* than just this case scenario.
- The statute would cover *any* image of a child engaged in sexual behavior,
- including non-computer-generated drawings, cartoons, and visual images
- created without the use of photos of real children or even real adults.
-
- In upholding child pornography laws, the Supreme Court has stated that "the
- nature of the harm to be combated requires that the state offense be
- limited to works that visually depict sexual conduct by children below a
- specified age. . . . [T]he distribution of descriptions or depictions of
- sexual conduct, not otherwise obscene, which do not involve live
- performance or photographic or other visual reproduction of live
- performances, retains First Amendment protection." _New York v. Ferber_,
- 458 U.S. 747, 764-65 (1982).
-
- Hatch's "virtual child porn" law is clearly unconstitutional because it
- would outlaw images produced without any involvement by an actual child.
-
- Bruce Taylor of the National Law Center for Families and Children argued at
- a recent conference at Brooklyn Law School that a "virtual child porn" law
- was needed because pedophiles use virtual porn to lure children. Under
- that rationale, if a pedophile used a piece of candy to lure a child into
- sex we would have to outlaw candy. In a free society, we cannot use
- censorship laws to try to control "bad thoughts." Outlawing all images
- that might be stimulating to pedophiles would require a massive amount of
- censorship and would *not* cure pedophilia.
-
- The ACLU reiterates its position on child pornography laws:
-
- "The ACLU believes that the First Amendment protects the dissemination of
- all forms of communication. The ACLU opposes on First Amendment grounds
- laws that restrict the production and distribution of any printed and
- visual materials even when some of the producers of those materials are
- punishable under criminal law."
-
- "The ACLU views the use of children in the production of visual depictions
- of sexually explicit conduct as a violation of childrens' rights when such
- use is highly likely to cause: a) substantial physical harm or, b)
- substantial and continuing emotional or psychological harm. Government
- quite properly has the means to protect the interest of children in these
- situations by the use of criminal prosecution of those persons who are
- likely to cause such harm to children."
-
- The Hatch proposal only demonstrates the dangers of trying to protect
- children indirectly through censorship laws.
- ---------------------------
- Clipper II? Your electronic privacy rights are at stake . . . again.=
-
-
- In 1993, the ACLU and an overwhelming majority of industry condemned the
- Clipper Chip -- the Administration's key escrow encryption scheme to equip
- every telecommunications device with a "chip" that would allow anyone to
- secure his private communications as long as the U.S. government held the
- descrambling key. The government insisted that Clipper would be merely a
- voluntary standard, but government documents requested under the Freedom of
- Information Act now confirm the suspicions of civil liberties advocates
- that the government really believes key escrowed encryption will only meet
- law enforcement standards if it is mandatory. (See
- URL:http://www.epic.org/crypto/)
-
- Now the Administration has returned with another scheme -- commercial key
- escrow ("Clipper II"). At close range, Clipper II is a lot like Clipper I:
-
- Although supposedly "independent" of the government, key escrow agen=
- ts
- will have to meet standards set by the U.S. government, and will have to
- reside in the U.S. or in a country with which the U.S. has entered a
- bilateral agreement.
- The proposal provides no privacy safeguards to prevent the compromis=
- e of
- the key escrow agent or the key.
- Offered as a "voluntary" standard, the proposal nevertheless forbids
- interoperability with non-escrowed encryption in exported products.
- While the government says it recognizes industry's need for strong
- encryption, the proposal limits exportable encryption to 64 bits -- a
- length widely recognized to provide inadequate security.
-
- On September 6, 7, and 15, 1995, the ACLU attended meetings held by the
- National Institute for Standards and Technology (NIST) in Gaithersberg,
- Maryland. The meetings were called to solicit input from industry on the
- Clipper II proposal. Draft export criteria were considered on September
- 6-7, and the general industry response was very lukewarm -- except for a
- few industries that have been meeting with the Administration and are
- preparing to announce products that would fit the suggested criteria. The
- ACLU led one working group to vote 7-7 in favor of condemning the entire
- proposal.
-
- On September 15th, NIST discussed the implementation of a federal key
- escrow encryption standard. By requiring federal agencies to use
- commercial key escrow as a FIPS (Federal Information Processing Standard),
- the Administration clearly hopes to drive industry to accept commercial key
- escrow as the export standard as well.
-
- The ACLU issued the following statement on the current key escrow proposal:
-
-
- The American Civil Liberties Union's Position
- on the Administration's Current Key Escrow Proposal:
-
- Encryption is speech protected by the First Amendment. The
- Administration's current key escrow proposal, like the Clipper proposal,
- continues to tread on the First Amendment rights of American individuals
- and businesses to use encryption technologies to secure their private
- communications. The current proposal, like Clipper, should be rejected on
- First Amendment grounds alone.
- The current proposal will not accomplish its stated objectives becau=
- se a
- wide array of encryption is available around the globe and will continue to
- be employed in place of American government-approved key escrow software.=
-
- The only key escrow proposal that could begin to satisfy the
- government's objectives would be an outright ban on the sale of encryption
- technologies other than those approved by the government and key escrowed.=
-
- The ACLU fears that the current proposal, and similar proposals, are merely
- the first step towards mandatory key escrow of encryption. Mandatory key
- escrow is completely unacceptable to both industry and privacy advocates.=
-
- The Administration should abandon its fruitless and unconstitutional
- efforts to control the export of encryption technology. No legislation is
- needed -- the Administration has the power to lift the regulatory
- restrictions that it created.
- ---------------------------
- Call for Plaintiffs in Suit to Challenge Online Indecency Legislation=
-
-
- Most of you know that the House and Senate have now passed two different
- versions of the telecommunications bill that would outlaw "indecent" speech
- over the Internet and other online services. This fall, a conference
- committee of House and Senate members will work out the differences between
- the two telco bills and will probably approve some form of online
- censorship legislation. [For a copy of the legislation, send a message to
- infoaclu@aclu.org, with "Online Indecency Amendments" in the subject line.]
-
-
- While the ACLU and other advocacy groups continue to lobby Congress to
- remove the censorship provisions from the telco bill, it is highly likely
- that some restriction on online indecency will appear in the final bill
- that emerges from the conference committee. A coalition of civil liberties
- organizations are preparing a constitutional challenge to this legislation
- now. The coalition includes the ACLU, Electronic Frontier Foundation,
- Electronic Privacy Information Center, Media Access Project, and People for
- the American Way. We plan to be ready to file a lawsuit as soon as the
- statute is signed into law -- which could be as early as October.
-
- An important first step in planning the lawsuit is the selection of
- plaintiffs. We need to put together a set of plaintiffs that disprove the
- stereotype created by proponents of the legislation that people opposed to
- the bill are "pedophiles and pornographers." We believe that the best
- plaintiffs for this challenge will be persons or entities that provide
- material that some may deem "indecent" but that has serious artistic,
- literary, and educational value to our society. We need plaintiffs who use
- online networks to discuss or distribute works or art, literary classics,
- sex education, gay and lesbian literature, human rights reporting,
- abortion information, rape counseling, and controversial political speech.=
-
-
- Please contact Ann Beeson at the ACLU if your organization is interested in
- being a plaintiff in this ground-breaking litigation that will define First
- Amendment rights in cyberspace. 212-944-9800 x788, beeson@aclu.org.
- --------------------------------
- STATE PAGE (Legislation/Agency/Court Cases)
- ----------------------------------------------------------=
- Overbroad Searches and Seizures Threaten Electronic Privacy
-
- The latest threat to your civil liberties results from law enforcement's
- overzealous attempts to find evidence of crime or wrongdoing in cyberspace.
- As we move into the information age, traditional search and seizure rules
- will need to be refined to ensure fairness and respect for electronic
- privacy rights. Several recent cases illustrate how privacy rights can be
- violated when law enforcement conducts investigations in cyberspace.
- The ACLU recently wrote to America Online to inquire about their
- cooperation in the FBI's recent raid of alleged child pornographers who
- used the online service. The ACLU asked, among other things, whether AOL
- revealed any information about individual users that was not sought by
- subpoena or court order; whether AOL turned over all private e-mail
- messages of suspects or whether they turned over only messages related to
- the alleged crime; whether AOL also turned over the names, addresses, and
- e-mail messages of persons who had communicated with the suspects; whether
- AOL set up accounts for the purpose of allowing government investigators to
- have access to public chat rooms; and what information AOL regularly keeps
- about its users' online activity and how long the information is kept.
- In Cincinnati, Ohio, a computer bulletin board operator filed a civi=
- l
- rights suit against the Hamilton County Sheriff's Department after the
- department raided the BBS and seized computer equipment, files, and
- personal communications. The case argues that the indiscriminate search
- and seizures violated the BBS operator's free speech and privacy rights.
- See _Emerson v. Leis_, S.D. Ohio, No. C-1-95-608. The subscribers to the
- BBS have filed a separate class action suit against the sheriff's
- department. See _Guest v. Leis_, S.D. Ohio. Law enforcement seized the
- entire BBS -- all the hardware, software, files, and private communications
- -- in an effort to obtain 45 files on the BBS that were allegedly obscene.=
-
- The case asserts that the 45 files represented only 3% of the total
- resources on the board.
- In California, Colorado, and Virginia, the Church of Scientology has
- brought three copyright infringement actions against anti-scientologists
- who use online communications to criticize the church. The cases raise
- important questions about the breadth of computer communications seizures
- in civil cases. The ACLU of Southern California and the ACLU of Colorado
- continue to monitor the cases in their states.
- ---------------------------------
- Nine States This Year Passed Online Censorship Legislation
-
- While online activists have been busy fighting the pending federal attempts
- to censor online communications, state legislatures have been carelessly
- crafting online censorship bills at home. And if you think Congress is
- full of Luddites, just wait until to hear what your state legislators have
- come up with.
-
- At least nine states (CT, GA, IL, KS, MD, MT, NJ, OK, VA) have passed
- legislation this year to regulate online content, and several others
- considered such bills, with some still pending. These bills seek to
- criminalize a wide range of online speech and content, including:
-
- speech that "harasses, annoys, or alarms"
- materials deemed "indecent," "obscene" or "harmful to minors"
- information related to "terrorist acts" or "explosive materials"
-
- The state bills, like the federal bills, raise serious free speech and
- privacy concerns. None of the bills indicates an understanding of the
- unique nature of the online medium. Some bills purposefully, and other
- bills inadvertently, fail to clarify that only the initiators of the
- illegal images may be held liable -- so service providers can be held
- liable for the pedophiles and pornographers that use their networks.
-
- The laws would, at best, require service providers to snoop in private
- e-mail in order to avoid criminal liability. At worst, these laws would
- force providers to shut down their networks altogether.
-
- The draconian effect of these state bills doesn't stop at state borders. A
- message you post to the Internet today in New York City could travel the
- fifty states and the globe by tomorrow. You'd better be careful that the
- message isn't "obscene" according to an Oklahoman, "annoying" to a
- Connecticutter, "solicitous" of a minor in Illinois, or related to
- "terrorism" as defined by a Georgian.
-
- The wave of online censorship at the state level is far from over. The
- ACLU is considering constitutional challenges to the online censorship laws
- that passed this year. But given the continuing media hype over
- "cyber-porn," we are certain to see more censorship bills from the states
- next year.
-
- With the help of affiliate offices in fifty states, the ACLU continues to
- monitor these state attempts to infringe on your online free speech rights.
- [For a synopsis of all the online censorship bills passed or considered by
- the states this year, send a message to infoaclu@aclu.org with "Update of
- State Bills" in the subject line of the message.]
-
- --------------------------------------
- Saving the Best for Last: Good News on Cyber-Liberties
-
- ARIZONA: Another troubling application of existing obscenity laws to
- cyberspace was averted when charges were dropped against Arizona Department
- of Public Safety Officer Lorne Shantz. Shantz, who ran a community
- bulletin board, lost his job and endured several months of hassle and
- humiliation when he was arrested for allegedly "obscene" files on the
- board. Shantz maintains that he was unaware of the existence of the files,
- which represented only a minuscule fraction of all the information on the
- board.
- COLORADO: Federal Judge John Kane ordered the Church of Scientology to
- return computers and hundreds of files seized by Federal marshals and
- Scientology officials in a copyright infringement action. The judge ruled
- that the seizures were overbroad, and said that "The public interest is
- best served by the free exchange of ideas."
- ------------------------------
- ONLINE RESOURCES FROM THE ACLU
- ------------------------------------
- Stay tuned for news on the ACLU's world wide web site, under construction
- at http://www.aclu.org. In the meantime, you can retrieve ACLU documents
- via gopher at gopher://aclu.org:6601 (forgive the less-than-updated state
- of our gopher -- we've devoted all our resources to WWW construction!). If
- you're on America Online, check out the live chats, auditorium events,
- *very* active message boards, and complete news on civil liberties, at
- keyword ACLU.
- --------------------------------
- ACLU Cyber-Liberties Update
- Editor: Ann Beeson (beeson@aclu.org)
- American Civil Liberties Union National Office
- 132 West 43rd Street
- New York, New York 10036
-
- To subscribe to the ACLU Cyber-Liberties Update, send a message to
- infoaclu@aclu.org with "subscribe ACLU" in the subject line of your
- message. To terminate your subscription, send a message to
- infoaclu@aclu.org with "unsubscribe ACLU" in the subject line.
-
- For general information about the ACLU, write to infoaclu@aclu.org.
-
- ------------------------------
-
- Date: Thu, 5 Oct 95 20:12 WET DST
- From: eye WEEKLY <eye5@interlog.com>
- Subject: 6--EYENET: The Loonie's Egg
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- eye WEEKLY October 5 1995
- Toronto's arts newspaper .....free every Thursday
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- EYENET EYENET
-
- THE LOONIE'S EGG
- How a University of Toronto sysadmin has the power
- to have one student strip searched in a downtown jail
- and another investigated by the FBI
-
- by
- K.K . CAMPBELL
-
-
- At 7:30, Jesse Hirsh (jesse@lglobal.com) flopped on the couch in his
- parents' Bloor and Bathurst house to watch a Simpsons rerun. The 20-
- year-old was just home from U of T. He studied political science and
- literature.
-
- His parents were out for the evening so he didn't know that someone
- had called for him around 7. Mom had told the caller her son was still
- at school. The caller didn't want to leave a name or message. He'd
- call back.
-
- As Homer Simpson flew into action, the phone rang.
-
- Hirsh picked up. "Hello?"
-
- "Hello, is Jesse there?" a voice intoned.
-
- "This is he."
-
- And the caller hung up.
-
- Two seconds later, the doorbell rang. Hirsh went downstairs and opened
- the door to find "three tall, slightly overweight white men." They
- flashed badges. Plainclothes detectives. Can we come in, sir? Hirsh
- nodded.
-
- "We know that you are publishing an anarchist newsletter on the
- Internet," they began.
-
- Hirsh admitted he did.
-
- "Do you know what a hacker is?"
-
- "Sure," Hirsh replied.
-
- They nodded knowingly. A-ha!
-
- "Do you have a computer?"
-
- He said he did. It was upstairs.
-
- A-HA! The cops informed Hirsh he was under arrest for "unauthorized
- use of a computer system" -- contrary to section 342.1 of the Criminal
- Code of Canada. A possible 10 years in prison.
-
- Hirsh was told to get a jacket. As his hand touched the cloth, the
- cops grabbed it and searched the pockets, extracting a few nondescript
- items. But then they found a patch for Hirsh's online anarchist ezine
- The Anarchives. (Hirsh runs The Anarchist Organization
- (tao@lglobal.com) at http://www.lglobal.com/TAO .)
-
- It has a little pot leaf on it. The ace cybercops exchanged raised
- eyebrows. First a hacker... then an anarchist newsletter... now this
- emblem of decadent drug culture.
-
- The cops frisked Hirsh -- all the while commenting on how nice the
- house was. He was handcuffed and marched out to the unmarked car
- across the street. Paraded in plain view of his neighbors, stuffed
- into the back seat, they Went Downtown -- where Hirsh was
- fingerprinted, had his mug photographed... and was strip-searched.
-
- SECRET HACKER CODES
-
- Hirsh was arrested for using a U of T net account not issued to him.
- He was given the passwords to two such accounts by the account holders
- -- one of whom was his stepbrother. The accounts were not hacked. He
- told the cops this repeatedly. They dumped him in a cell anyway.
-
- When Hirsh was ordered from his home, he asked to bring a book along.
- The detectives said sure. He grabbed the nearest tome -- Plato's
- Republic. The Officer Friendlies wandered in and out, asking
- nonchalant questions of an evil dope-emblazoned, anarchist-peddling,
- Plato-reading, civilization-threatening hacker.
-
- "So... who's in this An-ARK-y Organization?" "What's an-ARK-y all
- about?" "Why are you into this an-ARK-y stuff, anyway?"
-
- Soon Officer Unfriendly appeared. He held before him a Soul Damning
- Talisman: "What are these?!"
-
- Hirsh looked. It was a piece of paper.
-
- "These codes?! What are these codes for?!" Officer Unfriendly barked.
-
- Codes? Then Hirsh realized: it was a piece of paper they had taken
- from his jacket. It held reference numbers for books at the U of T
- Robarts library.
-
- "Those are library codes," Hirsh replied. "Books for my English
- class."
-
- "Don't give me that! What are they?! I know they're for something!"
-
- Hirsh tried to project doe-eyed sincerity. "They're for library books!
- They're codes of library books! From the Robarts library!"
-
- "Don't lie to me!"
-
- "I swear! They're library codes! Call the library and check!"
-
- The officer glowered ominously. "I will." He turned and left.
-
- It was the last Hirsh heard about the Secret Hacker Codes.
-
- At 11:30 p.m., Hirsh's dad and a friend got him out.
-
- A GORRIE STORY
-
- Here's the background: in October of 1994, Hirsh's stepbrother, a U of
- T grad student, said Hirsh could use his school-provided net account.
- Hirsh used it to read news. He thought the net fascinating so began
- uploading copies of The Anarchives. Hirsh never tried to hide who he
- was -- he even included his home phone number, which is how the Super-
- Sleuth Sysadmins "found" him. Hirsh made similar use of an account
- belonging to "Ms X" -- a female Ph.D. student and friend of Stepbro's.
-
- This would have been a happy and otherwise normal arrangement except
- that in January, 1995, U of T engineering prof Jack Gorrie
- (gorrie@ecf.utoronto.ca), bossman of U of T's engineering computing
- facility computer, received a complaint from someone at the University
- of British Columbia about The Anarchives being posted to net news. The
- person wanted it stopped.
-
- Gorrie came to notice Ms X wasn't signing these documents, a Jesse
- Hirsch was. He also noticed Hirsh and another U of T student (the
- stepbro) exchanged email about the accounts. As Hirsh and his stepbro
- have different last names, Gorrie concluded a larger hacker conspiracy
- was afoot.
-
- Gorrie launched into his Canadian rendition of Cliff Stoll, author of
- compu-crime-thriller _The Cuckoo's Egg_ -- in Gorrie's case, _The
- Loonie's Egg_. He "tracked" Hirsh for two months, recording every
- keystroke -- even though he had all three students' phone numbers.
-
- On March 8, 1995, he asked the cops to intervene. "I checked and found
- that the account was indeed being used to broadcast information on
- behalf of The Anarchist Organization," he wrote Detective Hugh
- Ferguson.
-
- Thus it came to be that Jesse Hirsh was forced to model nude for
- Toronto's finest, with the blessing of U of T.
-
- Stepbro got his own taste of U of T six-gun justice. Off in a
- Washington, D.C., engineering lab, he came under FBI investigation.
- Naturally, the FBI found nothing wrong because there was nothing wrong
- -- except for an over-zealous sysadmin using a meat cleaver to scratch
- an itch.
-
- CHARGES DROPPED
-
- On Sept. 7, minutes before the case was to go to court, the
- prosecution dropped all charges. Hirsh agreed to pay a token
- settlement of $400 for four months of university computer use. U of T
- first claimed it was owed $1,560. Hirsh places the real cost at $60.
-
- Hirsh devoted an issue of The Anarchives to the case. It spread around
- cyberspace. In it, Hirsh includes Gorrie's email address and asks
- people to send him their opinions. Quite a few did. They were rather
- unpleasant. Gorrie, miffed, used the U of T pipeline to have the
- stepbro make Hirsh shut up.
-
- After subjecting Hirsh to complete and devastating public humiliation,
- U of T was now pleading for discretion.
-
- Gorrie blames Ms X, who panicked and denied knowing Hirsh when first
- confronted. She figured they'd just cut the "hacker" off and Hirsh
- would find his own account. After all, thousands of U of T students
- share accounts every year. But her case was different: she was sharing
- with a left-wing anarchist with an attitude. He could not be ignored.
- (Ms X is now under "investigation." Stepbro, on the other hand, has
- graduated.)
-
- Hirsh wrote Gorrie privately, saying he was sorry Gorrie was getting nasty
- mail. Gorrie replied the whole affair was a "big misunderstanding." As
- they were _both_ misled, they were _both_ victims: Victim Hirsh was
- dragged down the street in handcuffs, fingerprinted, mugshotted,
- strip-searched and jailed for hours; Victim Gorrie received email that was
- mean to him.
-
-
-
-
- NOTE: Hirsh has since formed his own Internet Service Provider: Local
- Global Access at 320 1/2 Bloor St. W. (515-7400).
-
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Retransmit freely in cyberspace Author holds standard copyright
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- eyeNET archive --> http://www.interlog.com/eye/News/Eyenet/Eyenet.html
- eye@interlog.com "...Break the Gutenberg Lock..." 416-971-8421
-
- ------------------------------
-
- Date: Sun, 19 Apr 1995 22:51:01 CDT
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- Subject: 7--Cu Digest Header Info (unchanged since 19 Apr, 1995)
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- ------------------------------
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- End of Computer Underground Digest #7.79
- ************************************
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-