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- ==Phrack Magazine==
-
- Volume Four, Issue Forty-Two, File 14 of 14
-
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-
-
- STEVE JACKSON GAMES v. UNITED STATES SECRET SERVICE
-
- Rights To Be Tested In Computer Trial January 20, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Joe Abernathy (The Houston Chronicle)(Page A13)
- *Reprinted With Permission*
-
- Summary Judgment Denied In Case
-
- AUSTIN -- A judge Tuesday denied plaintiff lawyers' request for summary
- judgment in a case brought against the U.S. Secret Service to set the bounds of
- constitutional protections for electronic publishing and electronic mail.
-
- U.S. District Judge Sam Sparks acted after hearing complicated arguments
- regarding application of 1st and 4th Amendment principles in computer-based
- communications and publishing. The case will go to trial at 9 a.m. today.
-
- "Uncontested facts show the government violated the Privacy Protection Act and
- the Electronic Communications Privacy Act," said Pete Kennedy, attorney for
- Steve Jackson Games, an Austin game company that brought the lawsuit.
-
- Mark W. Batten, attorney for the Department of Justice, which is defending the
- Secret Service, declined to comment on the proceedings.
-
- Steve Jackson's company, which publishes fantasy role-playing games -- not
- computer games -- was raided by the Secret Service on March 1, 1990, during a
- nationwide sweep of suspected criminal computer hackers.
-
- Agents seized several computers and related hardware from the company and from
- the Austin home of Steve Jackson employee Loyd Blankenship. Taken from the
- game publisher was an electronic bulletin board used to play-test games before
- they were printed and exchange electronic mail with customers and free-lance
- writers.
-
- Another seized computer contained the text of the company's work in progress,
- GURPS Cyberpunk, which was being prepared for the printers.
-
- Blankenship's purported membership in the Legion of Doom -- a group of computer
- hackers from Austin, Houston and New York -- led the Secret Service to Steve
- Jackson's door.
-
- Neither Jackson nor his company was suspected of wrongdoing.
-
- The game publisher is named in two paragraphs of the 42-paragraph affidavit
- requesting the 1990 search warrant, which targeted Blankenship -- a fact
- Kennedy cited in seeking summary judgment.
-
- Kennedy presented evidence that the original Secret Service affidavit for the
- warrant used to raid Steve Jackson Games contained false statements.
- Supporting documentation showed that Bellcore expert Henry Kluepfel disputes
- statements attributed to him that accounted for the only link between Steve
- Jackson Games and the suspicion Blankenship was engaged in illegal activity.
-
- Batten came away visibly shaken from questioning by Sparks, and later had a
- tense exchange with Kennedy outside the courtroom.
-
- The lawsuit contends the government violated 1st Amendment principles by
- denying the free speech and public assembly of callers to Jackson's bulletin
- board system, Illuminati. This portion of the complaint was brought under the
- Privacy Protection Act, which also covers the seized Cyberpunk manuscripts --
- if the judge rules that such a book, stored electronically prior to
- publication, is entitled to the same protections as a printed work.
- The government lawyers argued the Privacy Protection Act applies only to
- journalistic organizations -- an argument Sparks didn't seem to buy.
-
- The lawsuit also contends 4th Amendment principles providing against
- unreasonable search and seizure were violated, on grounds the Electronic
- Communications Privacy Act specifies protection for publishers.
-
- The Justice Department contends electronic mail does not enjoy constitutional
- protections.
-
- "They (users of Illuminati) had no expectation of privacy in their electronic
- mail messages," Batten said. The basis of the argument is that Illuminati's
- callers were not sending communications to others, but rather "revealing" them
- to a third party, Steve Jackson, thus negating their expectation of privacy.
- _______________________________________________________________________________
-
- Computer Case Opens; Agent Admits Errors January 27, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Joe Abernathy (The Houston Chronicle)(Page A11)
- *Reprinted With Permission*
-
- AUSTIN -- Plaintiff's attorneys wrested two embarrassing admissions from the
- U.S. Secret Service on the opening day of a federal civil lawsuit designed to
- establish constitutional protections for electronic publishing and electronic
- mail.
-
- Special Agent Timothy Folly of Chicago admitted that crucial statements were
- erroneous in an affidavit he used to obtain warrants in a 1990 crackdown on
- computer crime.
-
- Foley also conceded that the Secret Service's special training for computer
- crime investigators overlooks any mention of a law that limits search-and-
- seizure at publishing operations.
-
- The case before U.S. District Judge Sam Sparks was brought by Steve Jackson
- Games, an Austin game publisher, with the support of electronic civil rights
- activists who contend that federal agents have overstepped constitutional
- bounds in their investigations of computer crime.
-
- Jackson supporters already have committed more than $200,000 to the litigation,
- which seeks $2 million in damages from the Secret Service and other defendants
- in connection with a March 1990 raid on Jackson Games.
-
- Plaintiffs hope to establish that First Amendment protections of the printed
- word extend to electronic information and to guarantee privacy protections for
- users of computer bulletin board systems, such as one called Illuminati that
- was taken in the raid.
-
- Steve Jackson's attorney, Jim George of Austin, focused on those issues in
- questioning Foley about the seizure of the personal computer on which
- Illuminati ran and another PC which contained the manuscript of a pending
- Jackson Games book release, "GURPS Cyberpunk."
-
- "At the Secret Service computer crime school, were you, as the agent in charge
- of this investigation, made aware of special rules for searching a publishing
- company?" George asked Foley. He was referring to the Privacy Protection Act,
- which states that police may not seize a work in progress from a publisher. It
- does not specify what physical form such a work must take.
-
- Foley responded that the Secret Service does not teach its agents about those
- rules.
-
- Earlier, Foley admitted that his affidavit seeking court approval to raid
- Jackson Games contained an error.
-
- During the raid -- one of several dozen staged that day around the country in
- an investigation called Operation Sun Devil -- agents were seeking copies of a
- document hackers had taken from the computer system of BellSouth.
-
- No criminal charges have been filed against Jackson, his company, or others
- targeted in several Austin raids. The alleged membership of Jackson employee
- Loyd Blankenship in the Legion of Doom hacker's group -- which was believed
- responsible for the BellSouth break-in -- lead agents to raid Jackson Games at
- the same time that Blankenship's Austin home was raided.
-
- Foley's affidavit stated that Bell investigator Henry Kluepfel had logged on to
- the Illuminati bulletin board and found possible evidence of a link between
- Jackson Games and the Legion of Doom.
-
- But George produced a statement from Kluepfel, who works for Bellcore, formerly
- AT&T Bell Labs, disputing statements attributed to him in the affidavit. Foley
- acknowledged that part of the affidavit was erroneous.
-
- The U.S. Department of Justice, which is defending the Secret Service, contends
- that only traditional journalistic organizations enjoy the protections of the
- Privacy Protection Act and that users of electronic mail have no reasonable
- expectation of privacy.
- _______________________________________________________________________________
-
- Judge Rebukes Secret Service For Austin Raid January 29, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Joe Abernathy (The Houston Chronicle)(Page A21)
- *Reprinted With Permission*
-
- AUSTIN -- A federal judge lambasted the U.S. Secret Service Thursday for
- failing to investigate properly before it seized equipment from three Austin
- locations in a 1990 crackdown on computer crime.
-
- U.S. District Judge Sam Sparks' comments came on the final day of trial in a
- lawsuit brought by Steve Jackson Games, an Austin publisher, with the support
- of national computer rights activists.
-
- The judge did not say when he will issue a formal ruling in the case. In
- addition to seeking $ 2 million in damages from the Secret Service and other
- defendants, Jackson hopes to establish privacy and freedom of the press
- protections for electronic information.
-
- In a packed courtroom Thursday morning, Sparks dressed down Secret Service
- Special Agent Timothy Foley of Chicago, who was in charge of the March 1, 1990,
- raid on Jackson, one of his employees and a third Austin man. No criminal
- charges have been filed in connection with the raids.
-
- "The Secret Service didn't do a good job in this case," Sparks said. "We know
- no investigation took place. Nobody ever gave any concern as to whether
- (legal) statutes were involved. We know there was damage (to Jackson)."
-
- The Secret Service has seized dozens of computers since the nationwide
- crackdown began in 1990, but Jackson, a science fiction magazine and game book
- publisher, is the first to challenge the practice. A computer seized at
- Jackson Games contained the manuscript for a pending book, and Jackson alleges,
- among other things, that the seizure violated the Privacy Protection Act, which
- prohibits seizure of publishers' works in progress.
-
- Agents testified that they were not trained in that law at the special Secret
- Service school on computer crime.
-
- Sparks grew visibly angry when testimony showed that Jackson never was
- suspected of a crime, that agents did no research to establish a criminal
- connection between the firm and the suspected illegal activities of an
- employee, and that they did not determine that the company was a publisher.
-
- "How long would it have taken you, Mr. Foley, to find out what Steve Jackson
- Games did, what it was? " asked Sparks. "An hour?
-
- "Was there any reason why, on March 2, you could not return to Steve Jackson
- Games a copy, in floppy disk form, of everything taken?
-
- "Did you read the article in Business Week magazine where it had a picture of
- Steve Jackson -- a law-abiding, tax-paying citizen -- saying he was a computer
- crime suspect?
-
- "Did it ever occur to you, Mr. Foley, that seizing this material could harm
- Steve Jackson economically? "
-
- Foley replied, "No, sir," but the judge offered his own answer:
-
- "You actually did; you just had no idea anybody would actually go out and hire
- a lawyer and sue you."
-
- The judge's rebuke apparently convinced the government to close its defense
- after the testimony from Foley, only one of several government witnesses on
- hand. Justice Department attorney Mark Battan entered subdued testimony
- seeking to limit the award of monetary damages.
-
- The judge's comments came after cross-examination of Foley by Pete Kennedy,
- Jackson's attorney.
-
- Sparks questioned Foley about the raid, focusing on holes in the search
- warrant, why Jackson was not allowed to copy his work in progress after it was
- seized, and why his computers were not returned after the Secret Service
- analyzed them.
-
- "The examination took seven days, but you didn't give Steve Jackson's computers
- back for three months. Why?" asked Sparks.
-
- "So here you are, with three computers, 300 floppy disks, an owner who was
- asking for it back, his attorney calling you, and what I want to know is why
- copies of everything couldn't be given back in days. Not months. Days.
-
- "That's what makes you mad about this case."
-
- Besides alleging that the seizure violated the Privacy Protection Act, Jackson
- alleged that since one of the computers was being used to run a bulletin board
- system containing private electronic mail, the seizure violated the Electronic
- Communications Privacy Act.
-
- Justice Department attorneys have refused comment on the case, but contended in
- court papers that Jackson Games is a manufacturer, and that only journalistic
- organizations can call upon the Privacy Protection Act.
-
- The government said that seizure of an electronic bulletin board system does
- not constitute interception of electronic mail.
-
- The Electronic Frontier Foundation committed more than $200,000 to the Jackson
- suit. The EFF was founded by Mitchell Kapor of Lotus Technology amid a
- computer civil liberties movement sparked in large part by the Secret Service
- computer crime crackdown that included the Austin raids.
-
- "The dressing down of the Secret Service for their behavior is a major
- vindication of what we've been saying all along, which is that there were
- outrageous actions taken against Steve Jackson that hurt his business and sent
- a chilling effect to everyone using bulletin boards, and that there were larger
- principles at stake," said Kapor, contacted at his Cambridge, Massachusetts
- office.
-
- Shari Steele, who attended the trial as counsel for the EFF, said, "We're very
- happy with the way the case came out. That session with the judge and Tim
- Foley is what a lawyer dreams about."
- _______________________________________________________________________________
-
- Going Undercover In The Computer Underworld January 26, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Ralph Blumenthal (The New York Times)(Page B1)
-
- [A 36-year old law enforcement officer from the East Coast masquerades
- as "Phrakr Trakr" throughout the nation's computer bulletin boards.
- As the organizer of the High-Tech Crime Network, he has educated other
- officers in over 28 states in the use of computer communications.
- Their goal is to penetrate some 3000 underground bbses where computer
- criminals trade in stolen information, child pornography and bomb
- making instructions.
-
- "I want to make more cops aware of high-tech crime," he said. "The
- victims are everybody. We all end up paying for it."]
- _______________________________________________________________________________
-
- Hackers Breaking Into UC Computers January 23, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by T. Christian Miller (The San Francisco Chronicle)(Page A20)
-
- [According to the University of California, hackers have been breaking
- into the DOD and NASA through UC computer systems. The investigation
- links over 100 computer hackers who have reportedly penetrated
- computers at UC Davis, UC Berkeley, NYU, FSU, and CSU. The FBI stated
- that the investigation reached as far as Finland and Czechoslovakia
- but did not comment on any arrests.
-
- University officials have asked all users to change to more complex
- passwords by April 1.]
-
- _______________________________________________________________________________
-
- Feds Sued Over Hacker Raid At Mall February 5, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Joe Abernathy (The Houston Chronicle)(Page A5)
-
- [A lawsuit was filed 2-4-93 in the Washington, D.C. federal court to
- force the secret service to disclose its involvement in the disruption
- of a meeting of computer hackers last year. The meeting, a monthly
- gathering of readers of "2600 Magazine" at the Pentagon City Mall was
- disrupted on November 6, 1992, when mall security and Arlington County
- Police questioned and searched the attendees.
-
- The suit was filed by the Computer Professionals for Social
- Responsibility. "If this was a Secret Service operation, it raises
- serious constitutional questions," said Marc Rotenberg, director of
- CPSR.
-
- The Secret Service declined to comment on the matter.]
-
- ----------
-
-
- [New Info in 2600 Case - from email sent by CPSR]
-
- One month after being sued under the Freedom of Information
- Act (FOIA), the Secret Service has officially acknowledged that
- it possesses "information relating to the breakup of a meeting
- of individuals at the Pentagon City Mall in Arlington, Virginia."
- The admission, contained in a letter to Computer Professionals for
- Social Responsibility (CPSR), confirms widespread suspicions that
- the agency played a role in the detention and search of
- individuals affiliated with "2600" Magazine at the suburban
- Washington mall on November 6, 1992.
-
- CPSR filed suit against the Secret Service on February 4
- after the agency failed to respond to the organization's FOIA
- request within the statutory time limit. In its recent response,
- the Secret Service released copies of three news clippings
- concerning the Pentagon City incident but withheld other
- information "because the documents in the requested file contain
- information compiled for law enforcement purposes." While the
- agency asserts that it possesses no "documentation created by the
- Secret Service chronicling, reporting, or describing the breakup
- of the meeting," it does admit to possessing "information provided
- to the Secret Service by a confidential source which is
- information relating to the breakup of [the] meeting." Federal
- agencies classify other law enforcement agencies and corporate
- entities, as well as individuals, as "confidential sources."
-
- The propriety of the Secret Service's decision to withhold
- the material will be determined in CPSR's pending federal lawsuit.
- A copy of the agency's letter is reprinted below.
-
- David L. Sobel dsobel@washofc.cpsr.org
- Legal Counsel (202) 544-9240 (voice)
- CPSR Washington Office (202) 547-5481 (fax)
-
- ************************************************
-
-
- DEPARTMENT OF THE TREASURY
- UNITED STATES SECRET SERVICE
-
- MAR 5 1993
-
- 920508
-
-
- David L. Sobel
- Legal Counsel
- Computer Professionals for
- Social Responsibility
- 666 Pennsylvania Avenue, S.E.
- Suite 303
- Washington, D.C. 20003
-
- Dear Mr. Sobel:
-
- This is in response to your Freedom of Information Act (FOIA)
- request for access to "copies of all records related to the
- breakup of a meeting of individuals affiliated with "2600
- Magazine" at the Pentagon City Mall in Arlington, Virginia on
- November 6, 1992."
-
- Enclosed, please find copies of materials which are responsive to
- your request and are being released to you in their entirety.
-
- Other information has been withheld because the documents in the
- requested file contain information compiled for law enforcement
- purposes. Pursuant to Title 5, United States Code, Section
- 552(b)(7)(A); (C); and (D), the information has been exempted
- since disclosure could reasonably be expected to interfere with
- enforcement proceedings; could reasonably be expected to
- constitute an unwarranted invasion of personal privacy to other
- persons; and could reasonably be expected to disclose the
- identity of a confidential source and/or information furnished by
- a confidential source. The citations of the above exemptions are
- not to be construed as the only exemptions that are available
- under the Freedom of Information Act.
-
- In regard to this matter it is, however, noted that your FOIA
- request is somewhat vague and very broadly written. Please be
- advised, that the information being withheld consists of
- information provided to the Secret Service by a confidential
- source which is information relating to the breakup of a meeting
- of individuals at the Pentagon City Mall in Arlington, Virginia,
- and, therefore, appears to be responsive to your request as it
- was written. If, however, the information you are seeking is
- information concerning the Secret Service's involvement in the
- breakup of this meeting, such as any type of documentation
- created by the Secret service chronicling, reporting, or
- describing the breakup of the meeting, please be advised that no
- such information exists.
-
- If you disagree with our determination, you have the right of
- administrative appeal within 35 days by writing to Freedom of
- Information Appeal, Deputy Director, U. S. Secret Service,
- 1800 G Street, N.W., Washington, D.C. 20223. If you choose to
- file an administrative appeal, please explain the basis of your
- appeal.
-
- Sincerely,
-
- /Sig/
- Melvin E. Laska
- ATSAIC
- Freedom of Information &
- Privacy Acts Officer
-
- Enclosure
-
- *******************************************
-
- For more information, refer to Phrack World News, Issue 41/1:
-
- Reports of "Raid" on 2600 Washington Meeting November 9, 1992
- Confusion About Secret Service Role In 2600 Washington Raid November 7, 1992
- Conflicting Stories In 2600 Raid; CRSR Files FOIA November 11, 1992
- _______________________________________________________________________________
-
- Surfing Off The Edge February 8, 1993
- ~~~~~~~~~~~~~~~~~~~~
- by Richard Behar (Time Magazine)(Page 62)
-
- [This article is so full of crap that I cannot even bring myself
- to include a synopsis of it. Go to the library and read it
- and laugh.]
- _______________________________________________________________________________
-
- Bulgarian Virus Writer, Scourge in the West, Hero at Home January 29, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by David Briscoe (Associated Press)
-
- [The Dark Avenger, believed to be a computer programmer in Sophia, has
- drawn the attention of computer crime squads in the US and Europe. To
- many programmers the Dark Avenger is a computer master to many young
- Bulgarians. "His work is elegant. ... He helps younger programmers.
- He's a superhero to them," said David Stang director for the
- International Virus Research Center.
-
- Neither Bulgaria nor the US has laws against the writing of computer
- viruses]
- _______________________________________________________________________________
-
- Computer Security Tips Teach Tots To Take Byte Out Of Crime February 3, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Michelle Locke (Associated Press)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- Young Students Learn Why Computer Hacking Is Illegal February 4, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Bill Wallace (San Francisco Chronicle)(Page A22)
-
- [In an attempt to teach computer crime prevention, children in
- kindergarten through third grade in a Berkeley elementary school are
- being shown a 30 minute presentation on ethics and security.
-
- The program consists of several skits using puppets to show the
- children various scenarios from eating food near computer systems to
- proper password management.
-
- In one episode, Gooseberry, a naive computer user, has her files
- erased by Dirty Dan, the malicious hacker, when she neglects to log
- off.
-
- Philip Chapnick, director of the Computer Security Institute in San
- Francisco, praised the idea. "One of the major issues in information
- security in companies now is awareness. Starting the kids early ... I
- think it will pay off," said Chapnick.]
- _______________________________________________________________________________
-
- Tracking Hackers - Experts Find Source In Adolescence February 25, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- By Mike Langberg (Knight-Ridder News Service)
-
- [At the National Computer Security Association convention in San
- Francisco, four experts analyzed the psyche of today's hacker.
- The panel decided that hacker bonding came from a missing or defective
- family. The panel also decided that hackers weren't necessarily
- geniuses, and that a few weeks of study would be enough to begin.
-
- Panel member Winn Schwartau stated that there should be an end to
- slap-on-the-wrist penalties. Sending hackers to jail would send a
- clear message to other hackers, according to Schwartau.
-
- "What strikes me about hackers is their arrogance," said Michael
- Kabay, computer security consultant from Montreal. "These people seem
- to feel that their own pleasures or resentments are of supreme
- importance and that normal rules of behavior simply don't apply to
- them."]
- _______________________________________________________________________________
-
- Bomb Recipes Just A Keystroke Away January 10, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by Tracy Gordon Fox (The Hartford Courant)(Page B1)
-
- [Teenagers gathering information via computer have contributed greatly
- to the fifty percent increase in the number of homemade explosives
- found last year.
-
- The computer age has brought the recipes for the explosives to the
- fingertips of anyone with a little computer knowledge and a modem.
-
- One of the first police officers to discover that computers played a
- part in a recent West Hartford, Connecticut, bombing said that
- hackers were loners, who are socially dysfunctional, excel in
- mathematics and science, and are "over motivated in one area."
-
- The trend has been seen around the country. The 958 bombing incidents
- reported nationally to the Bureau of Alcohol, Tobacco and Firearms was
- the highest in 15 years.]
- _______________________________________________________________________________
-
- Hackers Hurt Cellular Industry January 25, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by John Eckhouse (The San Francisco Chronicle)(Page C1)
-
- [With only a little equipment and technical knowledge, telephone
- pirates can make free calls and eavesdrop on cellular conversations.
-
- "Technically, eavesdroping is possible, but realistically I don't
- think it can be done," said Justin Jasche chief executive of Cellular One.
-
- The Cellular Telecommunications Industry Association estimates that
- hackers make about $300 million worth of unauthorized calls a year,
- though others put the figure much higher.]
-
- -------------------------------------------------------------------------------
-
- Cellular Phreaks and Code Dudes February 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- by John Markoff (Wired) (page 60)
-
- [Two hackers, V.T. and N.M. have discovered that celluar phones are
- really just little computers linked by a gigantic cellular network.
- And like most computers, they are programmable. The hackers have
- discovered that the OKI 900 has a special mode that will turn it into
- a scanner, enabling them to listen in on other cellular conversations.
-
- The two also discovered that the software stored in the phones ROM
- takes up roughly 40K, leaving over 20K free to add in other features,
- They speculate on the use of the cellular phone and a computer
- to track users through cell sites, and to monitor and decode
- touchtones of voice mail box codes and credit card numbers.
-
- Said V.T. of the OKI's programmers, "This phone was clearly built by
- hackers."]
-
- -------------------------------------------------------------------------------
-
- Callers Invited To Talk Sex, Thanks To Hacker's Prank February 5, 1993
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- (The Vancouver Sun) (Page A-9)
-
- [For the past two weeks, surprised callers to CTC Payroll Services'
- voice-mail system have been invited to talk sex. Instead
- of a pleasant, professional salutation, callers hear a man's voice
- suggesting that they engage a variety of intimate activities.
-
- The prankster is a computer hacker who can re-program the greeting message
- on company telephones. Company owner Cheryl MacLeod doesn't think the joke
- is very funny and says the hacker is ruining her business.]
- _______________________________________________________________________________
-