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- *** EFF News #1.01 (January 7, 1991) ***
- *** The Electronic Frontier Foundation, Inc. ***
- *** SPECIAL EDITION: AMICUS BRIEF IN LEN ROSE CASE ***
- ************************************************************
- ************************************************************
-
- Editors: Mitch Kapor (mkapor@eff.org)
- Mike Godwin (mnemonic@eff.org)
-
- REPRINT PERMISSION GRANTED: Material in EFF News may be reprinted if you
- cite the source. Where an individual author has asserted copyright in
- an article, please contact her directly for permission to reproduce.
-
- E-mail subscription requests: effnews-request@eff.org
- Editorial submissions: effnews@eff.org
-
- We can also be reached at:
-
- Electronic Frontier Foundation
- 155 Second St.
- Cambridge, MA 02141
-
- (617) 864-0665
- (617) 864-0866 (fax)
-
- USENET readers are encouraged to read this publication in the moderated
- newsgroup comp.org.eff.news. Unmoderated discussion of topics discussed
- here is found in comp.org.eff.talk.
-
- This publication is also distributed to members of the mailing list
- eff@well.sf.ca.us.
-
- ************************************************************
- *** EFF News #1.01: AMICUS BRIEF IN ROSE CASE ***
- ************************************************************
-
- ELECTRONIC FRONTIER FOUNDATION SEEKS AMICUS STATUS IN LEN ROSE CASE
-
- The Electronic Frontier Foundation has been tracking closely the
- cases in which Len Rose, a Baltimore Unix consultant, has been
- charged with crimes relating to the transmission of Unix software.
- The EFF believes that the federal prosecution pending against Rose
- in Baltimore and scheduled to go to trial at the end of this month
- raises important legal issues affecting the public interest in
- electronic communications. Accordingly, EFF has filed a motion seeking
- *amicus curiae* ("friend of the court") stauts to be heard on the
- important Constitutional and statutory issues raised by the
- case.
-
- EFF has simultaneously filed a memorandum of law in support of
- Len Rose's motion to dismiss the portion of the indictment charging
- him with violating the Computer Fraud and Abuse Act, Title 18
- United States Code, Section 1030(a)(6). EFF believes that this
- statute, which appears to prohibit the communication of a broad
- category of "information through which a computer may be accessed
- without authorization," is unconstitutionally vague and overbroad,
- and in violation of the First Amendment guarantees of freedom of
- speech and association. EFF supports the goal of preventing
- unauthorized computer intrusion, but believes that this statute
- sweeps too broadly, prohibiting constitutionally protected communications
- and chilling discussions about computer technology.
-
- An additional purpose of the brief is to introduce the trial court
- to the world of electronic communication and to make the court aware
- of the exciting possibilities it holds for speech and association.
- To that end, the brief cites to the Well (attaching its conference
- list as an addendum) and to EFF Co-founder John Perry Barlow's
- concept of the "virtual town meeting," published by the WHOLE EARTH
- REVIEW.
-
- The texts of the amicus motion, the amicus brief, and the
- attachment follow.
-
- *******************************************************
-
-
- IN THE UNITED STATES DISTRICT COURT
- FOR THE DISTRICT OF MARYLAND
-
- ___________________________________
- )
- UNITED STATES OF AMERICA )
- )
- v. ) Criminal Case No. JSM-90-0202
- )
- )
- LEONARD ROSE )
- )
- ___________________________________)
-
-
- MOTION OF ELECTRONIC FRONTIER FOUNDATION
- FOR LEAVE TO FILE MEMORANDUM OF LAW AMICUS CURIAE
-
- The Electronic Frontier Foundation, through its undersigned
- counsel, respectfully moves this Court for leave to appear as
- amicus curiae in the above-captioned case for the limited purpose
- of filing the attached memorandum of law in support of the
- defendant's motion to dismiss the portions of his indictment
- charging him with violations of the Computer Fraud and Abuse Act of
- 1986, 18 1030(a)(6).
- This case, which is being watched nationwide, presents a
- constitutional question of first impression involving the CFAA that
- will have a profound impact on the development of computer-based
- communications technologies. For the reasons set forth below, EFF
- believes that the enclosed memorandum of law contains relevant
- authority and arguments that are not likely to be raised by the
- parties to this action and that would be of assistance to Court in
- deciding this important issue.
- 1. The Electronic Frontier Foundation is a nonprofit
- organization established in 1990 to promote the public interest in
- the development of computer-based communication technology.
- 2. The founders and directors of Electronic Frontier Foundation
- include Mitchell Kapor and Steven Wozniak, two of our nation's
- leading experts in the area of computer technology. Mr. Kapor
- founded the Lotus Development Corporation and designed and
- developed the Lotus 1-2-3 spreadsheet software. Mr. Wozniak was
- one of the co-founders of Apple Computer, Incorporated. These
- individuals have comprehensive knowledge of the developing
- computer-based technologies and the promises and threats they
- present.
- 3. The Foundation's goals, as set forth in its mission
- statement, are as follows:
- Engage in and support educational activities which increase
- popular understanding of the opportunities and challenges
- posed by developments in computing and telecommunications.
-
- Develop among policy-makers a better understanding of the
- issues underlying free and open telecommunications, and
- support the creation of legal and structural approaches which
- will ease the assimilation of these new technologies by
- society.
-
- Raise public awareness about civil liberties issues arising
- from the rapid advancement in the area of new computer-based
- communications media. Support litigation in the public
- interest to preserve, protect, and extend First Amendment
- rights within the realm of computing and telecommunications
- technology.
-
- Encourage and support the development of new tools which will
- endow non-technical users with full and easy access to
- computer-based telecommunication.
-
- 4. While the Foundation regards unauthorized entry into
- computer systems as wrong and deserving of punishment, it also
- believes that legitimate law enforcement goals must be served by
- means that do not violate the rights and interest of the users of
- electronic technology and that do not chill use and development of
- this technology.
- 5. This case presents a question of first impression that falls
- squarely within the expertise and interest of the Electronic
- Frontier Foundation -- whether the CFAA, which makes it a crime to
- communicate "information through which a computer may be accessed
- without authorization," is unconstitutionally overbroad and vague,
- in violation of the First and Fifth Amendments. The Court's ruling
- on this issue could have important implications for speech and
- publications relating to computer-based technologies, and,
- ultimately, for the use and development of these technologies.
- Accordingly, the Electronic Frontier Foundation respectfully
- requests that this Court grant it leave to appear as amicus curiae
- and to file the attached memorandum of law on this important
- constitutional issue.
- DATED: January 7, 1991
-
- Respectfully submitted,
-
- THE ELECTRONIC FRONTIER FOUNDATION
- by its Attorneys,
-
- ______________________________
- Harvey A. Silverglate
- Sharon L. Beckman
- Silverglate & Good
- 89 Broad St., 14th Floor
- Boston, Massachusetts 02110
- (617) 542-6663
-
- Michael Godwin, Staff Attorney
- Electronic Frontier Foundation
- 155 Second Street
- Cambridge, Massachusetts 02141
- (617) 864-0665
-
-
-
-
-
- --
-
- IN THE UNITED STATES DISTRICT COURT
- FOR THE DISTRICT OF MARYLAND
-
- ______________________________
- )
- UNITED STATES OF AMERICA )
- )
- v. ) Crim. Case No. JSM-90-0202
- )
- LEONARD ROSE )
- _______________________________)
-
-
-
- MEMORANDUM OF LAW AMICUS CURIAE OF THE
- ELECTRONIC FRONTIER FOUNDATION
- IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS
- COUNTS I AND II OF THE INDICTMENT
-
- This is a case of first impression involving the Computer Fraud and
- Abuse Act of 1986 (CFAA), 18 U.S.C. 1030(a)(6), which makes it a crime
- to disseminate certain "information" relating to computers and
- computer security.*1* Amicus curiae The Electronic Frontier
- Foundation*2* submits this memorandum of law in support of the
- defendant's motion to dismiss the two counts of the indictment
- charging him with violating section 1030(a)(6) on the ground that the
- law issubstantially overbroad and vague, in violation of the First and
- Fifth Amendments to the United States Constitution.
-
- INTRODUCTION
-
- Advances in computer technology have enabled new methods of
- communication, including computer conferencing systems (often
- referred to as electronic bulletin boards), electronic mail, and online
- publications. Note, An Electronic Soapbox: Computer Bulletin Boards
- and the First Amendment, 39 Fed. Comm. L. J. 217 (1988).*3* These
- media, still in their embryonic stages of development, offer great
- promise for a society that values freedom of speech and association, for
- they are inexpensive, easily accessible, and permit instantaneous
- communication and association without regard to geographic
- boundaries. As Professor Tribe has observed, computers are fast
- becoming the printing presses of the future: "As computer terminals
- become ubiquitous and electronic publishing expands, the once
- obvious boundaries between newspapers and television, telephones
- and printing pressed, become blurred." L. Tribe, American
- Constitutional Law 1009 (1988). EFF founder Mitchell Kapor has
- described how computer-based communications also facilitate freedom
- of association:
-
- In the physical world, our sense of community withers. Urban centers
- as places to live are being abandoned by all who can afford to leave. In
- the global suburbs in which more and more of us live, one's horizon is
- limited to the immediate family. Even close neighbors are often
- anonymous.
-
- In the realities that can be created within digital media there are
- opportunities for the formation of virtual communities--voluntary
- groups who come together not on the basis of geographical proximity
- but throug a common interest. Computer and telecommunications
- systems represent an enabling technology for the formation of
- community, but only if we make it so.
-
- . Kapor, Why Defend Hackers?, 1 EFF News (December 10, 1990).*4*
- See I. de Sola Pool, Technologies of Freedom (1983); L. Becker, Jr., The
- Liability of Computer Bulletin Board Operators for Defamation Posted
- by Others, 22 Conn. L. Rev. 203 (1989) ("Many computers owners find
- these boards anew and exciting medium of communication."); Note,
- An Electronic Soapbox, 39 Fed. Comm. L.J. at 218P223.
- The possibilities for communication and association through
- electronic conferencing are limited only by the inclinations and
- imaginations of systems operators and users. While computer
- technology is one popular topic for discussion on bulletin board
- systems, these systems also facilitate wide-ranging discussions of
- literary, artistic, social and political issues. Id. at 222. See, e.g.,
- Attachment A (a print out of the list of conferences available on the
- Whole Earth `Lectronic Link, popularly known as the WELL, a BBS
- operated out of Sausalito, California). The analogies used to describe
- electronic conferencing systems -- ranging from a public bulletin
- board*5* to a virtual town meeting*6* -- indicate the richness of these
- fora for communication and association.
- Increasing reliance by individuals, businesses and government on
- computer technology has also given rise to other interests, including
- new permutations of privacy andproperty interests, in electronically
- stored information. The protection of these new interests is a proper
- concern of government; but in creating new prohibitions and
- protections, the government ought not, indeed constitutionally may
- not, sweep so broadly as to prohibit the dissemination of information
- relating to the new technology.
- The law is now struggling to catch up with changes in computer-
- based technology. Unless lawyers and judges appreciate the promises
- of computer-based technology for speech and association, and unless
- they afford electronic communications the full protections of the First
- Amendment, the resulting law will stifle these developing
- communications media. Tribe has described the problem and its
- consequences this way:
-
- The rate of technological change has outstripped the ability of the law,
- lurching from one precedent to another, to address new realities.
- Novel communications are pressed into service while still in their
- infancy, and the legal system's initial encounters with these newborns
- have a lasting influence....`[t]echnical laymen, such as judges, perceived
- the new technology in that early, clumsy form, which then becomes
- their image of its nature, possibilities, and use. This perception is an
- incubus on later understanding.'"
-
- L. Tribe, American Constitutional Law 1007 (1988) (quoting I. de Sola
- Pool, Technologies of Freedom 7 (1983).
- The Supreme Court has made clear that the Constitution is flexible
- enough to protect interests created by new technologies unimaginable
- to the framers. We have seen this evolution, for example in response
- to developments in wiretap technology, which enabled the
- government to intercept communications without physical trespass.
- Recognizing that constitutional doctrine must evolve with interests
- created by new technology, the Supreme Court abandoned its trespass-
- based analysis and ruled that the Fourth Amendment protects not only
- private physical areas but also communications in which an individual
- has an reasonable expectation of privacy. Katz v. United States, 389
- U.S. 347 (1967).
- There is no question that speech and association accommodated by
- computer-based technologies are protected by the First Amendment.
- The question before this Court is whether, in its early attempts to
- regulate these new technologies, the government has swept too
- broadly, chilling the freedom of speech and association that the
- Constitution guarantees.
-
- ARGUMENT
- SECTION 1030(a)(6) OF THE COMPUTER FRAUD AND ABUSE ACT
- IS UNCONSTITUTIONALLY OVERBROAD AND VAGUE
- IN VIOLATION OF THE FIRST AMENDMENT GUARANTEES
- OF FREEDOM OF SPEECH AND OF THE PRESS AND OF
- ASSOCIATION.
-
- A statute is unconstitutionally overbroad on its face if it "does not
- aim specifically at evils within the allowable area of [government]
- control, but ... sweeps within its ambit other activities that constitute an
- exercise" of protected expressive or associational rights. Thornhill v.
- Alabama, 310 U.S. 88, 97 (1940) (holding statute prohibiting picketing
- facially invalid because it banned even peaceful picketingprotected by
- the First Amendment).*7* Section 1030(a)(6) suffers from this fatal
- flaw because, on its face, it appears to prohibit the possession or
- communication of constitutionally protected speech and writing
- concerning computer systems or computer security.
- Section 1030(a)(6) prohibits trafficking "in any password or similar
- information through which a computer may be accessed without
- authorization." The word "password" is not defined in the statute, but
- the legislative history suggests that Congress intended it to be
- interpreted so as to include a password or its functional equivalent--a
- code or command that functions like the combination to a safe:
-
- The Committee also wishes to make clear that "password", as used in
- this subsection, does not mean only a single word that enables one to
- access a computer. The Committee recognizes that a "password" may
- actually be comprised of a set of instructions or directions for gaining
- access to a computer and intends that the word "password" be
- construed broadly enough to encompass both single words and longer
- more detailed explanations on how to access others' computers.
-
- S. Rep. No. 432, 99th Cong., 2d Sess. 13 (1986).*8*
-
- The Senate Report also indicates that the word password was intended
- to reach "conduct associated with `pirate bulletin boards.'" Id. The
- word "traffic" is also broadly defined to mean "transfer, or otherwise
- dispose of, to another or obtain control of with intent to transfer or
- dispose of." 18 U.S.C. 1029(e)(5).
- The most problematic statutory phrase is the one under which the
- defendant is charged, making it a criminal offense to communicate
- "information through which a computer may be accessed without
- authorization."*9* This phrase is not defined in the statute, and if it is
- construed to prohibit the communication of information other than
- "passwords" or "detailed explanations on how to access others'
- computers,"*10* its scope would be impossible to ascertain.
- On its face, then, section 1030(a)(6) could be used to prohibit the
- communication of a broad category of information relating to
- computers or even the mere possession of such information by one
- who intends to to communicate it. The statute would apparently
- prohibit the giving of a speech or the publication of a scholarly article
- on computer security if the speech or article contained "information"
- that another person could use to access a computer without
- authorization. The statute could be read to prohibit computer
- professionals from discussing the operations of programs designed to
- test computer security, since such knowledge could be used to facilitate
- access to a computer system without authorization. The statute is even
- susceptible to an interpretation that would prohibit a journalist from
- publishing an article describing the security deficiencies of a
- government computer system, even if all of the information contained
- in the article came from publicly available sources.
- The claim that section 1030(a)(6) could be used to prosecute a
- journalist and that it therefore has a chilling effect on freedom of the
- press is not simply imagined. In United States v. Riggs, 739 F. Supp.
- 414, 416 n.1 (N.D. Ill. 1990), a federal grand jury returned a multicount
- indictment charging the editor/publisher of an electronic newsletter
- with "traffick[ing] in information through which a computer may be
- accessed without authorization," in violation of section 1030(a)(6).
- Although the government eventuallydropped the section 1030(a)(6)
- charges,*11* the prosecution has had a substantial chilling effect on
- Neidorf, who is no longer publishing his newsletter.
- The statute is also overbroad in that it appears to sweep within its
- prohibition discussions regarding computer systems and computer
- security taking place on electronic bulletin boards. The legislative
- history of section 1030(a)(6) reveals that while Congress intended the
- provision to penalize conduct associated with electronic bulletin
- boards, Congress may not have been aware of the richness, depth, and
- variety of discussions its language would prohibit. The Senate Report
- states that section 1030(a)(6) was "aimed at penalizing conduct
- associated with `pirate bulletin boards,' where passwords are displayed
- that permit unauthorized access to others' computers." Senate Report
- at 13. Yet the statutory language sweeps much more broadly,
- prohibiting not only the posting of passwords, but also discussion of
- other "information" that could theoretically be used by another to
- access a computer without authorization. This is not surprising, for
- while the legislative history is replete with references to so-called
- "pirate bulletin boards," there is no indication in the history that
- Congress was made aware of the sophisticated and constitutionally
- protected discussions about computers and computer security occurring
- on bulletin board systems across the country on a daily basis.
- Section 1030(a)(6) violates the First Amendment because it prohibits
- constitutionally protected communications about computers and
- computer security because of their communicative impact. The
- statutory requirement that the defendant possess an intent to defraud
- does not cure this defect. Communications concerning computers and
- computer security are constitutionally protected, unless they fall within
- the narrow subset of communications amounting to "advocacy ...
- directed to inciting or producing imminent lawless action" and "likely
- to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444
- (1967). Outside this narrowly defined category of unprotected speech,
- Congress may not pass a law prohibiting the dissemination of
- information about computers or computer security unless the
- prohibition is "necessary to serve a compelling [government] interest
- and ... narrowly drawn to achieve that end." See Widmar v. Vincent,
- 454 U.S. 263 (1981). Even if the purpose underlying section 1030(a)(6) P
- P presumably, preventing unauthorized intrusion into computers in
- which the government has an interest -- were considered to be
- "compelling," it is apparent that the broad prohibition of the
- communication of "information through which a computer may be
- accessed without authorization" is not "narrowly drawn" to achieve
- that end.
- The potential unconstitutional applications of this statute to
- protected and socially productive speech and activity far exceed its
- legitimate reach. As the Riggs case demonstrates, this is plainly not a
- statute whose overbreadth could be deemed insubstantial or imagined.
- Broadrick v. Oklahoma, 413 U.S. at 616 (where conduct and not merely
- speech is involved, the overbreadth of a statute must be "substantial ...
- judged in relation to the statute's plainly legitimate sweep").
- The overbreadth of this statute cannot be cured through case-by-
- case adjudication. Given the broad definition of "password" suggested
- by the legislative history of the CFAA, it impossible to imagine what
- additional "information" sharing Congress could constitutionally
- prohibit. The statutory language under which the defendant is charged
- -- prohibiting dissemination of "information that could be used to
- access a computer without authorization," has no constitutionally
- legitimate core. See Houston v. Hill, 107 S. Ct. 2502 (1987) (invalidating
- ordinance forbidding the interruption of an onPduty police officer
- because there was no definable core of constitutionally unprotected
- expression to which it could be limited).
- Moreover, judicial efforts to narrow the scope of this language
- through case-by-case adjudication could not eliminate its direct and
- substantial chilling effect on research, education, and discussions
- concerning computer technology. Application of the overbreadth
- doctrine is appropriate where, as here, the "statute's very existence may
- cause others not before the court to refrain from constitutionally
- protected speech or expression." Broadrick v. Oklahoma, 413 U.S. at
- 613. The Supreme Court has repeatedly emphasized that
-
- "[p]recision of regulation must be the touchstone in an area so closely
- touching our most precious freedoms," N.A.A.C.P. v. Button, 371 U.S.
- 415, 438 ..."[f]or standards of permissible statutory vagueness are strict
- in the area of free expression.... Because First Amendment Freedoms
- need breathing space to survive, government may regulate in the area
- only with narrow specificity." Id. at 432P433 .... When one must guess
- what conduct or utterance may lose him his position one necessarily
- will "steer far wider of the unlawful zone .... Speiser v. Randall, 357
- U.S. 513 .... For "[t]he threat of sanctions may deter ... almost as potently
- as the actual application of sanctions. N.A.A.C.P. v. Button, supra....
- The danger of that chilling effect upon the exercise of vital First
- Amendment rights must be guarded against by sensitive tools which
- clearly inform [individuals] what is being proscribed."
-
- Keyishian v. Board of Regents, 385 U.S. 607, 603P604 (1967).
-
- This statute hangs over citizens "like a sword of Damocles,"
- threatening them with prosecution for any speech or writing relating
- to computer security. That a court may ultimately vindicate such
- citizens "is of little consequence--for the value of a sword of Damocles
- is that it hangs--not that it falls." Arnett v. Kennedy, 416 U.S. 230, 232
- (1974)(Marshall, J., dissenting). For every speaker or writer who risks
- criminal prosecution "by testing the limits of the statute, many more
- will chose the cautious path and not speak at all." Id.
- For the reasons given above, the Electronic Frontier Foundation
- urges this Court to invalidate section 1030(a)(6) on the ground that it is
- unconstitutionally vague and overbroad.
- DATED: January 7, 1991.
-
- Respectfully submitted,
-
- THE ELECTRONIC FRONTIER FOUNDATION,
- Amicus Curiae,
- by its Attorneys,
-
-
- ____________________________
- Harvey A. Silverglate
- Sharon L. Beckman
- Silverglate & Good
- 89 Broad St., 14th Floor
- Boston, Massachusetts 02110
- (617) 542-6663
-
- Michael Godwin, Staff Attorney
- Electronic Frontier Foundation
- 155 Second Street
- Cambridge, Massachusetts 02141
- (617) 864-0665
-
- FOOTNOTES:
-
- *1* 18 U.S.C. (a)(6)(b) makes it a criminal offense to knowingly and
- with intent to defraud traffic[] (as defined in section 1029) in any
- password or similar information through which a computer may be
- accessed without authorization, if .. such trafficking affects interstate or
- foreign commerce.
-
- *2* The Electronic Frontier Foundation is a nonprofit organization
- established to promote the public interest in the development of
- computer-based communications technology. See Motion of Electronic
- Frontier Foundation for Leave to File Memorandum of Law Amicus
- Curiae (setting forth the Foundation's goals).
-
- *3* An electronic bulletin board system (BBS) is a conferencing
- system made of computers communicating over telephone lines.
- Anyone with a computer, a modem, and a telephone line has the
- necessary tools to access a BBS. A BBS is accessed the same way one
- accesses a database like WESTLAW or LEXIS. Unlike these databases,
- however, a BBS typically permits users to give as well as receive
- information. See Note, An Electronic Soapbox, 39 Fed. Comm. L.J. at
- 218.
- A BBS is facilitated and maintained by a "systems operator,"
- whose computer has the hardware and software necessary to run the
- BBS. A BBS, and the conferences within it, can be designed to be
- private (permitting access only to authorized users) or public
- (permitting access to all callers). BBSs range in size from systems
- accommodating only a few users to large commercial enterprises
- servicing hundreds of thousands of users. Some BBSs permit
- simultaneous electronic conversations among users. Most BBS
- systems also offer an electronic mail service, whereby a user can send
- private mail another user or users. Id., at 218-221.
-
- *4* EFF News is an electronic publication containing "news,
- information, and discussion about the world of computer-based
- communications media." 1 EFF News (December 19, 1990). It covers
- issues such as "freedom of speech in digital media, privacy rights,
- censorship, standards of responsibility for users and operators of
- computer systems, policy issues such as the development of national
- information infrastructure, and intellectual property." Id.
-
- *5* One writer has argued that a electronic conferencing system "can
- be thought of as the electronic analogy to a public, ordinary bulletin
- board -- a kind of computerized Democracy Wall -- on which users
- can post whatever information they desire, and from which users can
- retrieve information provided by others." L. Becker, supra, 22 Conn. L.
- Rev. at 204. See also Note, An Electronic Soapbox, 39 Fed. Comm. L.J.
- at 217 (analogizing to a grocery store message board).
-
- *6* J. Barlow, Crime and Puzzlement, 68 Whole Earth Review 44, 45
- (1990).
-
- *7* Recognizing that an overbroad criminal statute has a chilling
- effect on constitutionally protected speech and association well beyond
- the prosecutions in which it is employed, the Supreme Court has ruled
- that an overbreadth challenge may be raised even by one whose own
- conduct does not fall within the protected category. Broadrick v.
- Oklahoma, 413 U.S. 615, 612P613 (1973) (citing Dombrowski v. Pfister,
- 380 U.S. 479, 486 (1965) (permitting First Amendment challenge by
- litigants whose conduct fell squarely within the "hard core" of the
- statutory prohibition)).
-
- *8* The version of section 1030(a)(6) considered by the Senate (S.
- 2281) is identical to the language of the House bill that was ultimately
- enacted into law. Compare 18 U.S.C. 1030(a)(6), with Hearing on S.
- 2281 Before the Committee on the Judiciary, 99th Cong., 2d Sess. 7P14
- (1986) (full text of S. 2281).
-
- *9* See Counts I and II of the indictment against Leonard Rose.
-
- *10* See Sutherland Statutory Construction 46.06 ("A statute should
- be construed so that effect is given to all its provisions, so that no part
- will be inoperative or superfluous, void or insignificant.")
-
- *11* Compare United States v. Riggs, 739 F. Supp at 416 n.1, with
- United States v. Riggs, 743 F. Supp. 556, 558-559 (N.D. Ill. 1990)
- (discussing remaining non-CFAA charges). The Government entered
- into a Pretrial Diversion Agreement with Craig Neidorf with respect to
- the remaining charges after trial testimony established that the
- information Neidorf had published in his newsletter was publicly
- available. "U.S. Drops Computer Case Against Student," New York
- Times p. 7 col.3 (July 28, 1990); "`Hacking' Crackdown is Dealt a Setback
- in Trial in Chicago," Wall St. Journal p. B3 (July 30, 1990).
-
-
-
- ATTACHMENT A
-
- CONFERENCES ON THE WELL
-
- Best of the WELL - vintage material - (g best)
-
- Business - Education
- ----------------------
-
- Apple Library Users Group(g alug) Agriculture (g agri)
- Brainstorming (g brain) Classifieds (g cla)
- Consultants (g consult) Consumers (g cons)
- Design (g design) Desktop Publishing(g desk)
- Disability (g disability) Education (g ed)
- Entrepreneurs (g entre) Homeowners (g home)
- Investments (g invest) Legal (g legal)
- One Person Business (g one) Periodical/newsletter(g per)
- Telecomm Law (g tcl) The Future (g fut)
- Translators (g trans) Travel (g tra)
- Work (g work)
-
- Social - Political - Humanities
- ---------------------------------
- Aging (g gray) AIDS (g aids)
- Amnesty International (g amnesty) Archives (g arc)
- Berkeley (g berk) Buddhist (g wonderland)
- East Coast (g east) Emotional Health****(g private)
- Environment (g env) Christian (g cross)
- Couples (g couples) Current Events (g curr)
- Dreams (g dream) Drugs (g dru)
-
- Firearms (g firearms) First Amendment (g first)
- Fringes of Reason (g fringes) Gay (g gay)
- Gay (Private)# (g gaypriv) Geography (g geo)
- German (g german) Hawaii (g aloha)
- Health (g heal) Histor (g hist)
- Interview (g inter) Italian (g ital)
- Jewish (g jew) Liberty (g liberty)
- Mind (g mind) Miscellaneous (g unclear)
- Men on the WELL** (g mow) Nonprofits (g non)
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- North Bay (g north) Northwest (g nw)
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- Singles (g singles) Southern (g south)
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- True Confessions (g tru) WELL Writer's Workshop***(g www)
- Whole Earth (g we) Women on the WELL*(g wow)
- Words (g words) Writers (g wri)
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- **** Private Conference - mail wooly for entry
- ***Private conference - mail sonia for entry
- ** Private conference - mail flash for entry
- * Private conference - mail carolg for entry
- # Private Conference - mail hudu for entry
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- Arts - Recreation - Entertainment
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- Movies (g movies) Motorcycling (g ride)
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- Restaurant (g rest) Science Fiction (g sf)
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- * Open from midnight to 6am
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- Grateful Dead
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- Grateful Dead (g gd) Deadplan* (g dp)
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- GD Hour (g gdh) Tapes (g tapes)
- Tickets (g tix) Tours (g tours)
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- * Private conference - mail tnf or marye for entry
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- Computers
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- AI/Forth (g ai) Amiga (g amiga)
- Apple (g app) Atari (g ata)
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- Hacking (g hack) HyperCard (g hype)
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- Mactech (g mactech) Microtimes (g microx)
- OS/2 (g os2) Printers (g print)
- Programmer's Net (g net) Software Design (g sdc)*
- Software/Programming (software) Unix (g unix)
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- Word Processing (g word)
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- * Private Conference - Send email to tao for entry.
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- Technical - Communications
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- Bioinfo (g bioinfo) Info (g boing)
- Media (g media) Netweaver (g netweaver)
- Packet Radio (g packet) Photography (g pho)
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- The WELL Itself
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- Deeper (g deeper) Entry (g ent)
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- System News (g news) Test (g test)
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