Hacker Chronicles 1/HACKER1.ISO/cud3/cud317c.txt

Text File | 1992-09-11 | 6KB | 113 lines

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From: Moderators
Subject: Exhibits from the Atlanta 3 Sentencing Memorandum
Date: 15 May, 1991

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***  CuD #3.17: File 3 of 5: Exhibits from Riggs' Sentencing     ***
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The author of the above file errs in the nature of the crime, the
nature of the evidence, and omits that the sentence included
restriction on computer use upon release.  He seems to rely upon
prosecutors' statements, and shows no awareness of the discussions
surrounding the sentence of the case when he refers to the judge's
"wise and thoughtful decision." There is not even a glimmering in the
story that the sentence may be too harsh (quite the contrary, in
fact), or that the sentencing memorandum may have been misleading.

When Riggs was sentenced late last fall to 21 months in a federal
penitentiary for "hacking," the prosecution submitted a lengthy
sentencing memorandum (reprinted in CuD 2.16) that was strongly
criticized for its inaccuracies and what some saw as an inappropriate
prejudicial attitude in both the tone and content (see CuD 2.17 for
EFF and other responses).  We, and presumably others, were informed
that there was considerable information in attached documents that
would justify the sentence and that we should be more patient.  The
Exhibits attached to the memorandum are now available, and they are
less than compelling, filled with non-sequitor logic, and fail to add
any new information that might reduce criticism of the sentence.

CONTENTS

The Government submitted five attachments to its sentencing memorandum
that, in a separate motion, it requested to be sealed.  These exhibits
raise a few questions both about the justification for the sentence
and the sentencing procedure itself.  Two of the Exhibits follow the
conclusion of this file. The original sentencing memorandum was
reprinted in CuD 2.16.

EXHIBIT A (File #4, below) is a history of the Legion of Doom, taken
>from Phrack 31.

EXHIBIT B (not included here) is a collection of posts from Black Ice
BBS. In 23 pages, the Exhibit provides a few score posts selectively
abstracted from December 2, 1988 through March 12, 1989. The Exhibit
includes the BBS's help screen, a user list, and information ranging
>from general one line comments to technical information, dialups and
network addresses.  Although some of the information boarders on what
some might justifiably consider stretching beyond the limits of
licitness, none of it provides evidence of a dangerous conspiratorial
group bent on destroying the nation's telecom system. However, such
information was blacked out of the Motion to Seal, so it is difficult
to assess. But, from what can be inferred from the context, it seems
that much of the "questionable" information is generally public and
the rhetoric, rather than content, provides the logs' drama.
According to the sentencing memorandum (p. 8), these logs appear to
show that the callers knew that hacking was illegal, that they took
precautions to avoid apprehension, and some posts make "frequent
references to law enforcement and national security computer systems."
Although the posts may reflect unacceptable behavior, the overall
interpretation gleaned by the government stretches credibility.

EXHIBIT C consists of an electronic post in November, 1988, requesting
the Riggs meet with the acting director of OCS, and 4 letters
exchanged between Riggs and Georgia Tech's Office of Computing
Services (OCS) and the Dean of Student Affairs From June 6, 1989 to
June 19, 1989. In the first letter, the OCS indicated to Riggs that
they possessed evidence that his account had been misused and asked
Riggs to contact them.  The second letter of two pages outlined
specific allegations of Riggs' abuse.  The third, from Riggs to the
Director of the OCS, was a written apology.  The final letter, from
the office of the Dean of Student Affairs to Riggs was a letter
saying, in essence, cool it in the future or else.  According to the
original sentencing memorandum (p.  9), the only reason for submitting
these letters was to "indicate that Georgia Tech was very concerned
about Grant's abuses of their system."

EXHIBIT D, a report of an earlier legal problem in North Carolina
involving Riggs, was not included, presumably because he was a
juvenile when it occured.

EXHIBIT E consists of five posts from various people taken from The
Phoenix Project discussing Robert Morris. They are reproduced in File
#5, below.

Even in the aggregate, the Government's exhibits are rather innocuous.
The logic by which conclusions are drawn from the Exhibits
is spurious as best, and--as is much of the rhetoric guiding arguments
for questionable procedures (see Steve Jackson Games' suit against
William Cook, Timothy Foley, Barbara Golden, et. al.)--represents
claims for which empirical evidence to the the contrary was clearly
present and known, or should have been known, to the prosecutors.

We in no way condone the activities to which the Atlanta 3 pled
guilty. Nor do we condone many of the behaviors of the type alleged in
their original indictment.  We do not believe that offenses in the
cyberworld should go without response or, when appopriate, without
sanctions.  However, we also believe that questionable actions by law
enforcement personnel should be equally subject to examination and
response.  The exhibits stage manage the allegations in a way that is
discomforting.  The sentencing memorandum and the Exhibits claiming to
support it should be carefully examined for the subtle ways in which
the "language of justice" serves unjust ends.  Innuendo, fabrication,
dubious logic, and unsubstantiated assertions in the guise of "facts"
do not reflect well on those entrusted with protecting federal law and
the Constitution.

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