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1992-09-26
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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.05 (April 22, 1990) **
****************************************************************************
MODERATORS: Jim Thomas / Gordon Meyer
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
--------------------------------------------------------------------
DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
--------------------------------------------------------------------
***************************************************************
*** Computer Underground Digest Issue #1.05 / File 2 of 5 ***
***************************************************************
------------------
FROM THE MAIL BAG:
------------------
Date: Tue, 3 Apr 90 20:33:07 GMT
From: Ed Ravin <cmcl2!dasys1!eravin@rutgers.edu>
Subject: Re: Legion of Doom Rebuttal to Moderator
Reply-to: Ed Ravin <cmcl2!dasys1!eravin@rutgers.edu>
Summary: overzealous law enforcement?
In article <5462@accuvax.nwu.edu> %of TELECOM DIGEST%
Gene Spafford <spaf@cs.purdue.edu> writes:
>Now maybe there are one or two people on the law enforcement side who
>are a little over-zealous (but not the few I talk with on a regular
>basis). For someone to be indicted requires that sufficient evidence
>be collected to convince a grand jury -- [...] that the evidence shows
>a high probability that the crimes were committed.
Here in New York, and other places as well, grand juries are known for
being tools of prosecutors, in that the prosecutor is able to manipulate
the evidence presented before them as much as he or she likes in order to
convince the grand jury to indict or not indict as the prosecutor desires.
Every now and then some newspaper here calls for the abolishment of the
grand jury system entirely because it is merely an extension of the
prosecutor's will. This isn't true everywhere -- things vary. But in most
cases, a grand jury is not a check against an overzealous prosecutor.
>Search warrants require probable
>cause and the action of judges who will not sign imprecise and poorly
>targeted warrants.
2600 magazine a few years ago reprinted the courtroom transcripts for a
search warrant issued for a particular bulletin board system at a
particular phone number. The local police testified that they hadn't
actually been able to verify that a BBS was at this number, because the
number was always busy. They did not present any evidence that the BBS had
been involved in any illegal activity, except that its phone number had been
found on another BBS. The judge signed the warrant anyway.
The legal system can be abused for anyone, including mafioso. We should be
especially vigilant of possible abuse when it comes to these
computer-related cases, because not only is the legal system is still
sorting out what is a crime, but prosecutors, police and judges are still
learning what computers are, and the media exaggeration and
sensationalization of any computer-related case tends to make it difficult
for remote observers (like here in Telecom) to make informed opinions.
--
Ed Ravin | hombre!dasys1!eravin | "A mind is a terrible thing
(BigElectricCatPublicUNIX)| eravin@dasys1.UUCP | to waste-- boycott TV!"
--------------------------+----------------------+-----------------------------
Reader bears responsibility for all opinions expressed in this article.
==============================================================================
-------------
"Pain Hertz" had a question we couldn't answer. Perhaps somebody
else can:
-------------
I recall seeing a text file about a BBS in Ca. whos sysop was the defendent
in a lawsuit involving LD access codes. It seems that an 'automessage' was
posted with the codes and a PacBell employee logged on finding them. This
was several years ago and stirred a debate over the liability of a BBS
sysop. I would like to know how this was resolved. I will try to find the
original text file. If I recall correctly, this BBS was located in San
Diego.
%from Pain Hertz%
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+ END THIS FILE +
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Downloaded From P-80 International Information Systems 304-744-2253 12yrs+