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Hacker Chronicles 1
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cud2
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cud214b.txt
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1992-09-26
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From: Moderators
Subject: Len Rose Indicted
Date: 29 November, 1990
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*** CuD #2.14: File 2 of 8: Len Rose Indicted ***
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"Man is Charged in Computer Crime"
By Joseph Sjostrom
From: Chicago Tribune, 28 November, 1990: Section 2, p. 2
Du Page County prosecutors have indicted a Naperville resident in
connection with an investigation into computer tampering.
Leonard Rose, 31, of 799 Royal St. George St., Naperville, was charged by
the Du Page County grand jury last week with violating the 1988 "computer
tampering" law that prohibits unauthorized entry into a computer to copy,
delete or damage programs or data contained in it.
Rose, who lived in Baltimore until last September or October, is under
federal indictment there for allegedly copying and disseminating a valuable
computer program owned by AT&T. The Du Page indictment charges him with
copying the same program from the computer of a Naperville software firm
that employed him for a week in October.
His alleged tampering with computers there was noticed by other employees,
according to Naperville police. A search warrant was obtained for Rose's
apartment last month, and two computers and a quantity of computer data
storage discs were confiscated, police said.
The Du Page County and federal indictments charge that Rose made
unauthorized copies of the AT&T Unix Source Code, a so-called operating
system that gives a computer its basic instructions on how to function.
The federal indictment says Rose's illegal actions there were commited
between May 1988 and January 1990. The Du Page County indictment alleges
he tampered with the Naperville firm's computers on Oct. 17.
(end article)
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Although we have not yet seen the indictment, we have been told that charges
were made under the following provisions of the Illinois Criminal Code:
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From: SMITH-HURD ILLINOIS ANNOTATED STATUTES
COPR. (c) WEST 1990 No Claim to Orig. Govt. Works
CHAPTER 38. CRIMINAL LAW AND PROCEDURE
DIVISION I. CRIMINAL CODE OF 1961
TITLE III. SPECIFIC OFFENSES
PART C. OFFENSES DIRECTED AGAINST PROPERTY
ARTICLE 16D. COMPUTER CRIME
1990 Pocket Part Library References
16D-3. COMPUTER tampering
s 16D-3. COMPUTER Tampering. (a) A person commits the offense of COMPUTER
tampering when he knowingly and without the authorization of a COMPUTER'S
owner, as defined in Section 15-2 of this Code, or in excess of the authority
granted to him:
(1) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
program or data;
(2) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
program or data, and obtains data or services;
(3) Accesses or causes to be accessed a COMPUTER or any part thereof, or a
program or data, and damages or destroys the COMPUTER or alters, deletes or
removes a COMPUTER program or data;
(4) Inserts or attempts to insert a "program" into a COMPUTER or COMPUTER
program knowing or having reason to believe that such "program" contains
information or commands that will or may damage or destroy that COMPUTER, or
any other COMPUTER subsequently accessing or being accessed by that COMPUTER,
or that will or may alter, delete or remove a COMPUTER program or data from
that COMPUTER, or any other COMPUTER program or data in a COMPUTER
subsequently accessing or being accessed by that COMPUTER, or that will or may
cause loss to the users of that COMPUTER or the users of a COMPUTER which
accesses or which is accessed by such "program".
(b) Sentence.
(1) A person who commits the offense of COMPUTER tampering as set forth in
subsection (a)(1) of this Section shall be guilty of a Class B misdemeanor.
(2) A person who commits the offense of COMPUTER tampering as set forth in
subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor and
a Class 4 felony for the second or subsequent offense.
(3) A person who commits the offense of COMPUTER tampering as set forth in
subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a
Class 4 felony and a Class 3 felony for the second or subsequent offense.
(c) Whoever suffers loss by reason of a violation of subsection (a)(4) of this
Section may, in a civil action against the violator, obtain appropriate
relief. In a civil action under this Section, the court may award to the
prevailing party reasonable attorney's fees and other litigation expenses.
(end Ill. Law)
+++++++++++++++++++++++++++++++++++++++++
Illinois employs determinate sentencing, which means that the judge is
bound by sentencing guidelines established by law for particular kinds of
offenses (See Illinois' Univied Code of Corrections, Chapter 38, Sections
1005-8-1, 1006-8-2, 1005-5-3.1, and 1005-3.2).
Computer tampering carries either a Class 4 felony sentence, which can
include prison time of from one to three years, or a Class A misdemeanor
sentence. With determinate sentencing, the judge selects a number between
this range (for example, two years), and this is the time to be served.
With mandatory good time, a sentence can be reduced by half, and an
additional 90 days may be taken off for "meritorious good time." Typical
Class 4 felonies include reckless homicide, possession of a controlled
substance, or unlawful carrying of a weapon.
A Class A misdemeanor, the most serious, carries imprisonment of up to one
year. Misdemeanants typically serve their time in jail, rather than prison.
Ironically, under Illinois law, it is conceivable that if an offender were
sentenced to prison for a year or two as a felon, he could be released
sooner than if he were sentenced as a misdemeanant because of differences
in calculation of good time.
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