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-
- Computer underground Digest Sun Feb 4, 1996 Volume 8 : Issue 12
- 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, #8.12 (Sun, Feb 4, 1996)
-
- File 1--big bro closing in (AOL records searched)
- File 2--German Prosecutors now Threatening AMERICA ONLINE
- File 3--AP: UMass censors Zundelmirror
- File 4--EFC: -- Net Censorship Backfires --
- File 5--First Raid to Japanese ISP for distribution of obscenity
- File 6--ISP's and Common Carrier status (A response to Mr. Townson)
- File 7--Academic Press virus book borrows from SKISM/40Hex
- File 8--Journal of Technology Law & Policy
- File 9--Gay Oregon State Rep. George Eighmey Is OUT on the Web
- File 10--Re: Big Copyright Ruling
- File 11--Cu Digest Header Info (unchanged since 16 Dec, 1995)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- From: "James P. Galasyn" <blackbox@HALCYON.COM>
- Subject: File 1--big bro closing in (AOL records searched)
- Date: Mon, 29 Jan 1996 10:41:11 -0800 (PST)
-
- NJ POLICE INTERNET INVESTIGATION OF MURDER THREATENS PRIVACY
- Excerpted, Trenton Times, 1/28/96
-
- Police needs vie with privacy
-
- The bizarre E.Windsor killing that led to a gay "chat room" on
- America OnLine (AOL) has underscored how on-line computer
- discussions & e-mail - thought by many users to be private - are
- vulnerable to routine criminal investigations. Fairfax Co. VA
- police assisting in the local investigation of the 1/5 murder of
- Hesse Unger of Hamilton, obtained a criminal search warrant and
- descended on America Online's Vienna, Va., headquarters Monday to
- perform the first such search ever of America Online records.
- After sifting through electronic information and e-mail all day,
- officers confiscated dozens of files and turned them over to
- authorities in New Jersey. East Windsor Detective John Funda said
- local police received the files Thursday evening, but had not yet
- examined them.
-
- The search of the America Online (AOL) computers has sparked fierce
- debate on the Internet and given law enforcement agencies food for
- thought. Although civil and criminal court subpoenas have been
- served on on-line services in recent years, this week's search
- warrant has demonstrated law enforcement's ability to reach
- information some computer users incorrectly thought was
- confidential.
- "IN FIVE YEARS, we are going to see police pulling someone's
- America Online records or Compuserve records" commonly, said David
- Banisar, an analyst for the Washington-based Electronic Privacy
- Information Center, 'a watchdog group specializing electronic
- communication issues. "They are going to have access to very
- personal, private information," he said. "They will be able to
- read your messages, find out who you talk to, even what your
- fetishes might be. And right now, very little of that information
- is being protected."
-
- But law enforcement sources said that to obtain most computer
- records, investigators will have to seek search warrants under the
- same standards that now apply to searches of private homes and
- businesses. Still, police are enthusiastic about the potentially
- incriminating information stored in computers. "It's an 'area in
- the future that we'll look at as an avenue to gather information
- and evidence," said Fairfax County Police Lt. Judi Lukens Torian.
- "We don't want to overstep our bounds, and this would be used only
- in necessary cases. But there is a lot of information on those
- disks that could,be vital to cases."
-
- The case that led to the search began Jan. 5 in East Windsor when
- police found the lime-covered body of Unger, 38, wrapped in a blue
- plastic tarpaulin in the basement of George Hemenway's Jeffrey Lano
- home. Hemenway, 39, has confessed to shooting and killing Unger
- while a 15-year-old Hamilton boy looked on ' prosecutors said. The
- teenager, whose name is being withheld due to his age, told The
- Times that he, Unger and Hemenway had met through AOL. The boy
- said the three computer users often met in an AOL chat room titled
- "NJ M4M," which is the shorthand title for "New Jersey Men for
- Men," a gay-themed chat room.
-
- CHAT ROOMS allow users with common interests to exchange electronic
- messages as they sit before their computers, which are connected
- to the service by modems and phone lines.
-
- Two other AOL users - Michelle Benson, 24, of Trenton and Timothy
- Brown, 24, of Hightstown - became involved in the East Windsor
- murder case when Hemenway asked them to help remove Unger's body
- from his basement, prosecutors said. Benson later informed police
- about the body, and she and Brown have been charged with tampering
- with evidence.
-
- Fairfax County police obtained the AOL search warrant and handed
- over their information to local investigators, who already had
- seized the computers of Hemenway, Unger and the teenager, said East
- Windsor Detective John Funda. A computer expert with the New
- Jersey State Police Technical Support Unit has begun examining the
- files stored on the hard drives of those computers, Funda said.
- "One of the computers we're looking at had a lot of files that were
- deleted. Someone was deleting like crazy," said Funda, who added
- that experts often can retrieve files that have been deleted from
- a hard drive.
-
- The combined information from the hard drives and the AOL search
- may shed light on the motive and planning of the homicide, Funda
- said. It's possible the hard drives will contain much more
- information than was turned up with the AOL search, because the on-
- line provider does not archive chat room conversations, and e-mail
- sent between members is purged from the AOL system five days after
- it is read, AOL spokeswoman Pam McGraw said. Unread e-mail is
- purged from the system after 30 days, the spokeswoman said.
-
- ON THE OTHER HAND, computer users can easily choose to save
- permanent copies of their on-line excursions to their hard drives.
- Several crime and computer specialists said Thursday that the East
- Windsor case is the first time they had heard of a homicide victim
- meeting his attacker on-line. And the unusual case has led
- investigators into controversial terrain. Appeals courts have not
- specifically ruled on law enforcement access to such records, but
- Congress is considering several bills that would try to curb some
- behavior online, including criminalizing indecentspeech. Banisar,
- whose group advocates special due process protections before
- authorities can search on-line users' data, said Monday's search
- illustrates how people other than the targets can be scrutinized
- in a cornputer-based criminal probe.
-
- Mary J. Culnan, a Georgetown University associate professor
- and expert on computer privacy laws, said many computer users
- believe what they write on-line "goes off into the cosmos, never
- to be seen again. They don't know there is an archives. "We
- already grapple with the issue of police overstepping its bounds,"
- Culnan added. "With technology today, that becomes even more
- creepy."
-
- McGraw of AOL said it is the company's policy to comply with
- subpoenas and that the service cooperated fully with this
- investigation.
-
- "We certainly respect and abide by our customers' right to
- privacy," she said. "But we also are going to follow the law. We
- have 4.5 million customers - that's the size of a city. When we
- have some problems, we have to deal with it responsibly."
-
- Posted in pol-abuse@igc.apc.org
- To subscribe, send this message: subscribe pol-abuse
- To this address: majordomo@igc.apc.org
-
- ------------------------------
-
- Date: Fri, 2 Feb 1996 19:13:52 -0500
- From: PNOEric@AOL.COM
- Subject: File 2--German Prosecutors now Threatening AMERICA ONLINE
-
- FYI. From Cowles/SIMBA Media Daily 2/2/96.
-
- GERMAN PROSECUTORS NOW THREATENING AMERICA ONLINE
-
- German prosecutors now are threatening to file criminal charges
- against America Online as well as CompuServe for allowing access to a
- neo-Nazi World Wide Web site.
-
- The charge would be inciting racial hatred for allowing access to
- material that contends the Holocaust never happened. Publishing or
- distributing neo-Nazi or Holocaust-denial literature is a crime in
- Germany.
-
- Mannheim prosecutors are attempting to ban access to a site run by a
- German-born activist named Ernst Zuendel, now said to live in Toronto.
- Zuendel runs The Zundelsite at
- http://www.webcom.com/~ezundel/english/.
-
- Last week CompuServe Inc. and a German company, T-Online, were
- threatened with legal action and T-Online shut off Web access. Now
- America Online, which recently began service in Germany in partnership
- with Bertelsmann AG, has been threatened.
-
- AOL CEO Steve Case said in a statement that "this could be one of the
- most important developments affecting our industry." He said AOL will
- discuss the issue with German prosecutors and explore the options
- available.
-
- The online services take the position that, like telephone companies,
- they are a common carrier and not responsible for content put up by
- others.
-
- Zuendel's site is hosted by Web Communications of Santa Cruz, CA,
- which sells Web space and boasts that it is home to 1,536 Web sites,
- including Tupperware and Jamaica tourism.
-
- Rob Gelphman, a spokesman for the company, told Media Daily that the
- company views itself as a common carrier "like the Postal Service. If
- we monitor or edit the content, we become a publisher, and therefore
- liable. But we don't like what this guy is doing."
-
- He said the company has not been contacted by German authorities.
- Ironically, traffic on Zuendel's site has been "unbelievable" because
- of the publicity, Gelphman said.
-
- Last December, Bavarian prosecutors forced CompuServe to prevent
- millions of customers worldwide from accessing some 200 sexually
- oriented Internet newsgroups.
-
- ------------------------------
-
- Date: Fri, 2 Feb 1996 19:42:46 -0500 (EST)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- Subject: File 3--AP: UMass censors Zundelmirror
-
- UMass Shuts Down Web Site Containing Material Discounting Holocaust
-
- By Associated Press, 02/02/96
-
-
- BOSTON (AP) - A University of Massachusetts graduate student
- has been ordered to remove material he posted on a web site of
- the school's computer system that claims the Nazi Holocaust
- never happened.
-
- Lewis McCarthy said he posted the writings to protest attempts
- by the German government to censor the Internet. McCarthy said
- he is not a neo-Nazi, just an advocate for absolute freedom of
- speech.
-
- [...background on zundel...]
-
- The action sparked protest from Internet users around the
- world. Two free-speech advocates, Rich Graves at Stanford
- University and Declan McCullagh at Carnegie-Mellon University,
- obtained the material from Zundel's web site and posted it on
- the Internet.
-
- [...object is to spread zundelish material to make difficult to
- censor...]
-
- McCarthy said he joined in the effort because he believes the
- threat of censorship is worse than Nazi propaganda.
-
- ``Deutsche Telekom is trying to suppress unpopular speech,''
- McCarthy told The Boston Globe, ``and I believe that's wrong
- and dangerous.''
-
- [...]
-
- ------------------------------
-
- Date: Thu, 1 Feb 96 20:37:14 EST
- From: djones@INSIGHT.MCMASTER.CA(David Jones)
- Subject: File 4--EFC: -- Net Censorship Backfires --
-
- URL = http://www.efc.ca/pages/pr/efc-pr.01feb96.html
- --
-
- ELECTRONIC FRONTIER CANADA (EFC) --- PRESS RELEASE
-
- (For immediate release --- February 1, 1996)
-
-
- Net Censorship Backfires
-
- Germany's clumsy attempt to block access to specific sites
- has resulted in the controversial information being copied
- all over the Internet.
-
- German prosecutors are at it again -- bumbling around in cyberspace,
- trying to block access to information they think might be illegal under
- German law. According to some reports, the prosecutors hope the case
- will end up in court where it may start to resolve some of the
- uncertain legal issues about who is responsible for information
- accessible through computer networks.
-
- They've declared a computer in Santa Cruz, California (www.webcom.com)
- to be 'off limits' because one of Web Communications' more than 1,500
- customers is Ernst Zundel -- a Canadian resident notorious for claiming
- the Holocaust is a Jewish hoax. Stefan Althoff, spokespeson for
- Deutsche Telekom, indicates his company's T-Online service (Germany's
- largest) has complied with a request from the Mannheim prosecutor's office.
- ``We have blocked access via the Internet to Herr Zuendel and
- his information,'' he says.
-
- * Smoke and Mirror Sites *
-
- ``What's ironic, is that this latest attempt at censorship has backfired.
- Instead of limiting the audience for Zundel's propaganda, Germany's
- clumsy attempt to block access has resulted in the information being
- copied to new locations in cyberspace and becoming even more accessible,
- ... and with the publicity, more people might want to visit these web pages
- to see what all the fuss is about,'' says David Jones, president of
- Electronic Frontier Canada, a non-profit organization that advocates
- freedom of expression on the Internet. ``It's rather unfortunate,''
- says Jones, who stressed that EFC ``strongly disagrees with Zundel's views.''
-
- So-called 'mirror sites', which contain copies of Zundel's propaganda,
- are springing up at various locations in the world-wide-web.
- ``It reminds me of the Greek myth in which Hercules battled the
- many-headed serpent, Hydra. Whenever he sliced off one head with
- his sword, two more grew back in its place,'' comments
- EFC vice-president, Jeffrey Shallit.
-
- The appearance of so many mirror sites is partly due to the efforts
- of Declan McCullagh, a free speech activist, who has packaged up the
- controversial information into a single file and posted a message in
- a Usenet newsgroup with instructions on ``how to open your very own
- Zundelsite mirror archive in five minutes or less.'' So far there are
- at least ten mirror sites, including ones at Carnegie Mellon University,
- Stanford University, and MIT. ``If Germany starts to prevent their
- University's from connecting to other Universities outside the country,
- it defeats the purpose of them being on the Internet in the first place,''
- observes David Jones.
-
- * Detours on the Infobahn *
-
- Mirror sites aren't the only headache for German censors.
- The oft-quoted adage: ``The Internet recognizes censorship as damage
- and routes information around it'' still rings true. ``Students in
- Stuttgart, Germany who can't access Zundel's web pages directly can
- still visit them indirectly, by using an innovative and award-winning
- web site in Toronto called the 'Canadianizer','' explains Jones.
- [ URL = http://www.io.org/~themaxx/canada/can.html ]
- Created as a sort of joke, this web site in Toronto, allows you to
- type in the URL of *another* web site that could be anywhere in the world.
- The computer in Toronto then fetches a copy of that web page and
- inserts a few 'Canadianisms', such as ending a sentence with 'eh?'.
- Once Canadianized, the web page is displayed for you. But since the
- page appears to be coming from Toronto, the German blocking mechanism
- will be fooled -- it cannot detect that the information really originated
- in California. ``It's just a detour on the Infobahn,'' says Jones.
-
- * Information wants to be free; Information wants to be true *
-
- If censorship won't work, you might wonder, what should be done about
- people like Zundel who spread hate and lies? ``Zundel thrives on
- publicity,'' says EFC's Jeffrey Shallit. ``The right right way to deal
- with him is either to ignore him, or to counter his propaganda with the
- truth about the Holocaust.'' Shallit points to the efforts of the
- 'Nizkor Project', based in Vancouver, which has assembled a huge
- electronic archive on the Holocaust that researchers around the world
- can consult to counter the bogus claims of Holocaust deniers.
- ``Anyone with an open mind will see who's telling the truth,''
- says Shallit, who himself lost many relatives in the Holocaust.
-
- The approach is not new; Justice William O. Douglas, said in 1958:
- ``The way to combat noxious ideas is with other ideas. The way to combat
- falsehoods is with truth.'' Ken McVay, who runs the Nizkor Project,
- was recently named to the prestigious 'Order of British Columbia'
- for his successful work fighting hate in Canada and elsewhere.
-
- Montreal newspaper reporter, Matt Friedman, recently wrote:
- ``... while the mainstream and the traditional authorities
- dither about, befuddled by the growth and power of the on-line medium,
- unable to settle on either a coherent plan of action or a means of
- combating hatred without bringing down the Internet in its wake,
- McVay and his colleagues are doing battle -- and winning.''
-
-
- -30-
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- EFC Contact Information:
-
-
- Electronic Frontier Canada
-
- Dr. David Jones phone: (905) 525-9140 x24689 fax: (905) 546-9995
- email: djones@efc.ca
-
- Dr. Jeff Shallit phone: (519) 888-4804 fax: (519) 885-1208
- email: shallit@efc.ca
-
- Dr. Richard Rosenberg phone: (604) 822-4142 fax: (604) 822-5485
- email: rosen@efc.ca
-
-
- Electronic Frontier Canada, online archives:
-
- URL: http://www.efc.ca/
-
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- Other Contact Information:
-
- The original "Zundelsite"
- http://www.webcom.com/~ezundel
-
- The company that runs the computer that houses the "Zundelsite"
- is "Web Communications", 125 Water St, Suite A1, Santa Cruz, CA 95060
- They are directing media inquiries to:
- Rob Gelphmanphone: (408) 451-8420
- email: gelphman@ix.netcom.com
-
- The "Canadianizer" was created by Rob Stanley and Andrew Chak.
- This site was awarded a *prize* by a Toronto radio station
- (102.1 FM "The Edge") and a software company "InContext Spider".
- URL:http://www.io.org/~themaxx/canada/can.html
-
- Declan McCullaghphone:(412) 441-6768
- email: declan@well.com
- Declan McCullagh's page on circumnavigating German censorship, URL =
- http://www.cs.cmu.edu//afs/cs/user/declan/www/Not_By_Me_Not_My_Views/censorship.
- html
-
- The Nizkor Project combats hate propaganda by telling the truth.
- URL:http://www.almanac.bc.ca/
- Ken McVay is director of the Nizkor Project,
- email: kmcvay@nizkor.almanac.bc.ca
-
- The Simon Wiesenthal Center (Toronto Office) is concerned about
- online hate propaganda. Their spokesperson in Canada is Sol Littman.
- phone:(416) 864-9735
- The Simon Wiesenthal Center (Los Angeles office), phone: (310) 553-1303
-
- Matt Friedman, Montreal newspaper reporter who has covered the issue
- of hate propaganda on the Net extensivelyphone: (514) 486-3613
- email: mattf@friedman.interax.net
-
- ------------------------------
-
- Date: Thu, 1 Feb 1996 22:21:31 +0900 (JST)
- From: Kenji Rikitake <kenji@RESEAU.TOYONAKA.OSAKA.JP>
- Subject: File 5--First Raid to Japanese ISP for distribution of obscenity
-
- Nikkei Shimbun Newspaper Morning Edition, Page 39, February 1, 1996
- edition wrote that on January 31st Tokyo Metropolitan Police
- investigated an Internet Provider in Sumida-ku, Tokyo (Mainichi
- Shimbun reported that the provider was Bekkoame/Internet) for alleged
- distribution of obscene graphic materials, along with two members of
- Bekkoame, one aged 28 lived in Edogawa-ku, and the other aged 18 lived
- in Shinagawa-ku, both in Metropolitan Tokyo. The police says that the
- 28-years-old member put 67 obscene pictures for open retrieval through
- Internet since last December, and that the 18-years-old member put 8
- obscene pictures since last September. Nikkei shimbun says the police
- would arrest the 28-years-old member soon.
-
- This is the first time for Japanese Police to arrest persons who
- distribute what-police-considers-obscene materials on the Internet,
- while there has been a few cases of similar investigation on
- non-Internet BBSes. Japanese Criminal Law Article 175 says
- distribution of obscene pictures or literatures constitutes a crime of
- maximum 2 years imprisonment with labor or a maximum fine of
- 2,500,000yen.
-
- My questions: Is the ISP (Bekkoame/Internet) liable on relaying
- pornographic materials? What about pornographic anime pictures widely
- available in the Internet? Well, one thing is for sure: beware of
- getting raided, Japanese underground activists.
-
- // Kenji Rikitake <kenji@reseau.toyonaka.osaka.jp>
-
- ------------------------------
-
- Date: Mon, 29 Jan 1996 12:57:45 -0800 (PST)
- From: Jeremy Lassen <jlassen@MINDCRIME.AX.COM>
- Subject: File 6--ISP's and Common Carrier status (A response to Mr. Townson)
-
- >there is no prohibition
- >against you starting your own newspaper to print it instead. An ISP
- >who takes a responsible approach and refuses service to any variety
- >of clients --
-
- Patrick Townson Seems to be missing an important point here. ISPs
- are not Newspapers. They are not even Content providers. They are
- Common Carriers. As soon as an ISP starts deciding who and what they
- will carry, they make themselves liable for everything that
- originates, or passes through their system.
-
- Mr. Townson says to this What a cop out! What a damn cop out!!!!
-
- This is not a cop out'. his is a smart and necessary business
- decision.
-
- One of the major On line providers (Prodigy, I think) was FOUND
- LIABLE for a user's post BECAUSE THEY CLAIM TO CONTROL AND REGULATE
- what goes on their system. The judge ruled that the service
- provider did not have common carrier status because of this.
-
- From a legal standpoint, the moment ISP's decide they will not carry
- something, they are saying they are responsible for everything they
- do carry, including e-mail, public posts, FTP sights, Websights,
- etc....
-
- If Mr. Townson wants to publish a newspaper, electronic or otherwise,
- he can decide what he wants to carry. But If he wants to be a
- common carrier (ISP), And have the protection that the law provides
- for common carriers, He can not simply block a certain group, or
- person because he finds their politics or ideology offensive. This
- is not a cop out. THIS IS THE LAW!
-
- Neo-Nazi's use the telephone system. Should AT&T refuse to allow
- them to use the phones, just because they don't agree with what the
- Neo-Nazi's are saying? Of course not. In fact, they could be sued
- if they tried to do so.
-
- The bottom line is, If an ISP is willing to take responsibility for
- EVERYTHING that comes and goes through its system, then by all means,
- refuse to carry and propagate any offensive material, BUT if they
- want common carrier protection, they can not pick and choose what
- they will and will not carry. There is a legal precedent for this.
-
- I think all ISP's should keep this in mind before they start refusing
- to carry things. ISP's are not content providers, and they are not
- publishers. They are common carriers.
-
- Aside from any questions of liability, The best response to Mr.
- Townson was made by Voltaire, hundreds of years ago -- I disapprove
- of what you say, but I will defend to the death your right to say it.
-
- Keep talking Mr. Townson. Just because I find your blatant
- disregard for the first amendment offensive, If I were your ISP, I
- would not prohibit you from using my service, nor would I refuse to
- propagate any messages of yours that passed through my system.
-
- ------------------------------
-
- Date: Thu, 18 Jan 1996 19:17:48 -0600 (CST)
- From: Crypt Newsletter <crypt@sun.soci.niu.edu>
- Subject: File 7--Academic Press virus book borrows from SKISM/40Hex
-
- Faithful readers of Crypt Newsletter know that when they see
- the tired hacker bromide "Information wants to be free!" it's
- time to grasp the wallet firmly because a ripoff is in the
- making. Danish programmer Rune Skardhamar's computer virus
- book for Academic Press ($35 cash money) drop-kicks the reader
- with cliches like "Information [on computer viruses] needs to be
- free" in the introduction and goes steadily downhill with a
- collection of humorous errors, non-working computer virus samples
- pulled from virus exchange BBSes and rudimentary anti-virus
- programs which, if assembled, either corrupt computer files
- or pronounce virus-infected programs clean.
-
- One source for the book is phalcon/SKISM's 40Hex magazine which
- Skardhamar calls possessed of a "propagandist" view of computer viruses.
- Paradoxically, one of the viruses included in the book is a direct
- action .COM-infector produced by the earliest version of the
- phalcon/SKISM MPC virus-maker software which, as published, does not
- work. Skardhamar's PS-MPC virus sample contains a small error in one
- of its DOS function calls that ensures its code cannot be written
- to host files and while it's an easy correction for most people
- familiar with computer viruses, it's probably beyond the ability of
- the audience of beginners at which the book is aimed.
-
- Purely by serendipity, this is to Skardhamar's advantage.
-
- Here's why:
-
- "Virus Detection and Elimination" also comes with a companion diskette
- containing some TASM-compatible assembly language programs written
- by the author for the purpose of detecting and disinfecting the viruses
- included in the book. The "disinfector" for the PS-MPC virus is quite
- novel in approach: It cleans the virus by truncating infected programs
- by the virus's length and then overwriting the remainder of the
- program with garbage from memory, totally corrupting the file.
- This appears to be another laughable gaffe which most readers
- won't run across simply because the virus the book's "cleaner" is
- paired with isn't contagious.
-
- Another interesting example of Skardhamar's approach to virus
- detection is the scanning program designed for a companion virus
- included in the book. The virus, written by "Wonko the Sane" and
- dubbed "The slightly orange avenger" works if you detect the typo
- in the code and add a space. (Even for those who don't recognize
- it, the error is so small that running the instructions for the
- virus through any assembler will flag it and prevent compilation
- until a correction is made.) However, the scanner for "Wonko the
- Sane's" companion virus doesn't work, instead inspecting infected
- files, the binary images of the virus, and gaily announcing to the
- user "OK"!
-
- Although not all of the programs on Skardhamar's diskette were
- tested, the reader might approach the code (particularly the
- detection and disinfection routines) slowly, given the performance
- of other examples offered upon it. Indeed, disclaimers peppered
- liberally across the diskette balefully proclaim:
-
- "No responsibility whatsoever will be taken for any damage
- incidential [sic] or otherwise resulting from the use or misuse of
- this program. Neither will responsibility be taken for omissions
- or errors in the code, comments etc. You are now resonsibly [sic]
- for your own actions."
-
- This type of indirect warning that the reader is about to suffer
- a computer hotfoot is paraphrased straight from the computer virus
- underground.
-
- The point to be made here, and which I suspect was a bit beyond
- the technical editors at Academic Press when they went over the
- manuscript - is "Virus Detection and Elimination" is in many ways,
- simply the product of trolling virus exchange BBSes and refitting
- the subject matter recovered in a more expensive-looking suit.
- It's fair to say that lay readers will find portions of "Virus
- Detection and Elimination" extremely fascinating
- but it would have been easier on consumers to give it a title like
- "What I Found After a Few Months of Visiting Virus Exchanges on
- BBSes and the Internet" since there is nothing in the book's enclosed
- programing that is of much practical use in "detection and
- elimination." Of course, a good editor could shorten the new title
- to something a bit more zippy and saleable.
-
- Additionally, "Virus Detection and Elimination" covers technique, also
- apparently lifted from 40Hex and other files from the computer
- underground, on making viruses refractory to trivial attempts at
- analysis. In its computer virus history portion, retold again is the
- legend of Bulgaria as computer virus factory for the world. The story
- has been repeated and exaggerated so often for magazines and newspapers
- it's now an inescapable tenet of computer virus lore. An enterprising
- individual in search of a few quick bucks would be smart to consider
- printing up some black T-shirt's, perhaps emblazoned with "I survived
- the Bulgarian computer virus factory!" and setting up a kiosk at
- hacker conventions in 1996.
-
- Dave Hannon, an editorial staffer at Academic Press, commented to
- Crypt that English was Skardhamar's second language. For readers
- of "Virus Detection and Elimination," it's, uh, noticeable. As for the
- faults in the anti-virus programs and viruses included with the book,
- Hannon also conceded appraising the material and code included in the
- book was beyond the technical ability of its American publisher and it
- fell to the author to look over his own material for mistakes of this
- nature prior to publication.
-
- "Please do not use the information carried in this book to wreck
- havoc," Skardhamar writes near the end of his book. He means "wreak
- havoc." Further, he writes, "Any stupid fool can make a virus; the
- genius is the one who will put the coding techniques to some creative
- use." In view of the "code" included with "Virus Detection and
- Elimination," this statement - as Skardhamar's parting shot - is
- a bone-crusher. His bones, though, not yours, making the book
- a solid collector's item amid the increasing "lore" devoted to
- the world of computer viruses.
-
-
- http://www.soci.niu.edu/~crypt
- Crypt Newsletter
-
- ------------------------------
-
- Date: Thu, 01 Feb 1996 12:54:25 -0500
- From: altom@NERVM.NERDC.UFL.EDU
- Subject: File 8--Journal of Technology Law & Policy
-
- Journal of Technology Law & Policy
- University of Florida
- College of Law
-
- ******************************************
- CALL FOR PAPERS
- *****************************
-
- Spring 1996
-
- The Journal of Technology Law & Policy is devoted to exploring the
- legal and policy issues raised by emerging technology. We invite
- contributions of original works for our Spring, 1996 issue. Student
- contributions are encouraged.
-
- To promote access to the Journal, the Journal will be published on the
- World Wide Web. Submissions to the Journal are encouraged to take full
- advantage of this medium. Relevant graphics, sound, and video may be
- utilized.
-
- There are no length limitations for submissions. Submissions must
- include a copy in electronic form. All citations should be in Bluebook
- and endnote form. Please include the URL of any cited information
- available online.
-
- _____________________________
- http://grove.ufl.edu/~techlaw
- techlaw@grove.ufl.edu
- Fax number: (352)-377-7655
-
- Mailing Address:
- Journal of Technology Law & Policy
- University of Florida
- College of Law
- P.O. 117640
- Gainesville, FL 32611-7640
-
- ------------------------------
-
- Date: Sun, 28 Jan 1996 23:07:00 EST
- From: davidbat@PRODIGY.COM(MR DAVID W BATTERSON)
- Subject: File 9--Gay Oregon State Rep. George Eighmey Is OUT on the Web
-
- by David Batterson
-
- PORTLAND--Oregon State Rep. George Eighmey (D-Portland), a longtime
- prominent figure in Oregon's GLBT community, has now launched his own
- site on the growing World Wide Web.
-
- Eighmey has been out for some time now, and has no qualms about
- appearing publicly in an electronic venue that reaches worldwide. In
- addition to information on current legislative proposals, there are
- links to other governmental Web sites in the state and elsewhere.
-
- He has worked in the State Legislature on issues revolving around
- corrections, children and families, and the rights of the terminally
- ill. In addition to lawyering, Eighmey is a community activist,
- donating his time to the Oregon Gay and Lesbian Law Association, Our
- House of Portland (an AIDS hospice), REACH Community Development,
- Ladd's Addition and Hosford-Abernathy Neighborhood Associations and
- the Oregon Speak Out Project.
-
- The Web address for Rep. George Eighmey is:
- http://www.portals.pdx.edu/~eighmey. E-mail: RepGeorge@aol.com.
-
- ###
-
- David Batterson's Web site is at:
- http://pages.prodigy.com/webazine/homepage.htm. Or you may e-mail
- him
- via: davidbat@prodigy.com.
-
- ------------------------------
-
- Date: Thu, 1 Feb 1996 11:36:23 +0000
- From: Joshua M.K. Masur <jmkm@echonyc.com>
- Subject: File 10--Re: Big Copyright Ruling
-
- On 1 Feb 96 at 10:40, I wrote:
-
- > Quoth _US Law Week_ vol 64 no.28, pp. 64 LW 1109-1110:
- >
- > "A competitor that copied a CD-ROM telephone directory and then
- > made that information accessible via an original search program on
- > the Internet did not commit a copyright violation[.]... [T]he
- > court held that the 'shrinkwrap license' employed by the CD-ROM
- > manufacturer to limit the use of its product is unenforceable...."
- >
- > The case in question is ProCD v. Zeidenberg, decided by the US
- > District Court for the Western District of Wisconsin, 95-C-671-C
- > 1/4/96.
- >
- > "The listings are ... a collection of facts arranged in a
- > non-original fashion" and therefore not subject to copyright;
- > furthermore, the court recognized that the defendant was not
- > actually publishing the raw data on the net, but providing
- > added-value -- search results.
-
- The court relied on precedent (Feist Publications, Inc. vs. Rural
- Telephone Services Co., 499 US 340, 1991) that states that phone
- company "white pages" are not copyrightable because they contain raw
- information lacking "the minimum degree of creativity necessary to
- constitute a copyrightable compilation of facts." [US Law Week 64 LW
- 2451]. This appears likely to stand up to appeal.
-
- > Most important to us all, though, the "license contained on the
- > discs' packaging is not bargained for by the product purchaser and
- > thus is unenforceable under Sections 2-206, 2-207, and 2-209 of
- > the Uniform Commercial Code." Basically, the buyer doesn't have
- > "adequate opportunity" to review the terms of the contract before
- > purchase to validate it as a contract.
-
- The legal theory behind this finding is that because licences try to
- replace any actual agreement between the producer and consumer of
- software, the software becomes goods, rather than services, and is
- thus subject to limitations of the UCC. "[T]he terms...[are] not
- presented...at the time of sale[;]... the [user does] not receive
- the opportunity to inspect or consider those terms." [US Law Week
- 64 LW 2451] Specifically, it cites the fact that licenses often
- change between initial purchase and upgrade purchase as rendering
- them invalid generally.
-
- This is sure to be challenged on appeal, with briefs no doubt filed
- by the Sofware Publishers' Association, among others. It remains
- unclear whether this portion of the decision will stand over the long
- term, but clearly, the potential impact is huge.
-
-
- Please note that I am not a lawyer and am bringing this subject up
- for your information, discussion, and review.
-
- ------------------------------
-
- Date: Sun, 16 Dec 1995 22:51:01 CDT
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 11--Cu Digest Header Info (unchanged since 16 Dec, 1995)
-
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- ------------------------------
-
- End of Computer Underground Digest #8.12
- ************************************
-
-
-