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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 2, Issue #2.13 (November 25 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
- ARCHIVISTS: Bob Krause / Alex Smith / Brendan Kehoe
- USENET readers can currently receive CuD as alt.society.cu-digest.
-
- COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
- information among computerists and to the presentation and debate of
- diverse views. CuD material may be reprinted as long as the source is
- cited. Some authors, however, do copyright their material, and those
- authors should be contacted for reprint permission.
- It is assumed that non-personal mail to the moderators may be reprinted
- unless otherwise specified. Readers are encouraged to submit reasoned
- articles relating to the Computer Underground.
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
- 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.
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- CONTENTS:
- File 1: Moderators' Corner
- File 2: EPIC (Effective Performance in Candidates)
- File 3: The Riggs Sentencing (reprint from Newsbytes)
- File 4: First Conference on Computers, Freedom & Privacy
- File 5: Hackers Break into DEA Lines
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- ----------------------------------------------------------------------
-
- ********************************************************************
- *** CuD #2.13: File 1 of 5: Moderator's corner ***
- ********************************************************************
-
- From: Moderators
- Subject: Moderators' Corner
- Date: November 25 1990
-
- ++++++++++
- In this file:
- 1. CORRECTION ON SJG AFFIDAVIT
- 2. LEN ROSE UPDATE
- 3. NEW FTP SITE
- ++++++++++
-
- +++++++++++++++++++++
- Correction of SJG Affidavit
- +++++++++++++++++++++
-
- In CuD 2.11, we reprinted the search affidavit used for the Steve Jackson
- Games raid. We included several pages of logs from The Phoenix Project.
- These logs *WERE NOT* originally attached to the affidavit, but were sent to
- us independently of that document as background. The judge apparently never
- saw the logs. Having read them, one wonders if the investigator did either,
- because it defies all sane logic to impute involvement in a criminal "scheme"
- merely by explaining that Kermit is a 7-byte transfer protocol used primarily
- on mainframes. If you have not read the document, we recommend it.
-
- ++++++++++++
- Len Rose Update
- ++++++++++++
-
- As of this week, Len Rose had not yet been indicted for the Illinois
- charges. Len was arrested in late October on state charges alleging
- computer tampering a few days after taking a job in Naperville, Ill. The
- original indictment date was postponed by the state. His legal
- difficulties, which some of us find the result of overzealous federal
- prosecution, continue to hamper his employment possibilities.
-
- Sheldon Zenner, the attorney who successfully defended Craig Neidorf, has
- agreed to channel donations to Len for those wishing to support him. *THIS
- IS NOT* a legal defense fund, but humanitarian assistance to provide food,
- rent, and utilities for wife and family.
-
- Len Rose Donation
- c/o Sheldon Zenner
- Katten, Muchin and Zavis
- 525 W. Monroe, Suite 1600
- Chicago, IL 60606
-
- +++++++++++++++++
- New FTP Site
- +++++++++++++++++
-
- Another ftp site has been added from which CuD back issues and other
- archives may be obtained. The hours are limited from 6 pm to 6 am. The
- following should get you on it:
-
- % ftp cs.widener.edu
- or % ftp 192.55.239.132
-
- Connected to cs.widener.edu.
- 220 titan FTP server (SunOS 4.1) ready.
- Name (cs.widener.edu:): <enter 'anonymous'>
- Password (cs.widener.edu:anonymous): <enter your email address>
- 331 Guest login ok, send ident as password.
- 230 Guest login ok, access restrictions apply.
- ftp> cd pub/cud
- ftp> dir
- ... blah blah blah ...
- ftp> quit
- 221 Goodbye.
-
- fingers!
-
- NOTE: Be sure to use your e-mail address for the password or it
- not let you on.
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: Jeffery Aldrich <well!jefrich@APPLE.COM>
- Subject: EPIC (Effective Performance in Candidates)
- Date: Tue, 20 Nov 90 16:37:51 pst
-
- ********************************************************************
- *** CuD #2.13: File 2 of 5: EPIC Project (by Jeff Aldrich) ***
- ********************************************************************
-
- Constitutional Rights and the Electronic Community
- (Copyright, 1990)
-
- Even if you're on the right track, you'll
- get run over if you just sit there.
-
- Will Rogers
-
- CPSR (Computer Professionals for Social Responsibility) and the EFF
- (Electronic Frontier Foundation) have done a great deal in a very short
- time to awaken the political consciousness of the electronic community.
- The EFF managed to take some of the steam from the enforcement train
- railroading members of the CU and gave this community its first taste of
- political victory. No doubt these victories will continue to strengthen
- individual rights in the virtual world. As a student of electronic
- democracy, I am an ardent supporter of the goals expressed by the EFF. the
- goals expressed by the EFF. With six years devoted to personal and
- professional interest in the civil rights and political issues facing the
- electronic community.
-
- Jim Thomas has asked on several occasions that I write something for CuD
- about The EPIC (Effective Performance in Candidates) Project, a nonprofit
- group I founded last year. A description of The EPIC Project is included
- in this article as background information. Political action by a nonprofit
- is limited by law. Most of what we learn about electronic politicking in
- the nonprofit must be used elsewhere. I was hired earlier this year to
- help qualify a citizen initiative for the November elections in California.
- The measure included a provision making public use of computer
- telecommunications a state constitutional right. This article focuses on
- that effort and concludes with a notice of plans underway for 1992.
-
- The EPIC Project
-
- This project is an extension of research conducted at Sacramento State
- University focusing on the impact of electronic democracy in American
- politics. We *may* have created a back-door link of computer
- telecommunication technology to the U.S. Constitution (Campaign Industry
- News, Feb. 1990). We're years away from solving the dependent variable
- dilemma of a Supreme Court test. Board members include Dave Hughes (the
- founding father of electronic democracy) and Dr. Gene Shoemaker,
- constitutional scholar and author of the War Powers Act (1974). Projects
- include R&D of software to insure text data integrity from a network
- distribution source via end user verification software; research into the
- development of national electronic political party organizations
- (Communications Daily, 2-2-90), and; research compiled on the Sundevil
- raids assisted Ohio Supreme Court Justice William McMahon, ABA Technology
- and the Courts Committee chairman, in opening a Sundevil subcommittee
- looking into federal court rule changes. This subcommittee and Judge
- McMahon are now working closely with the EFF.
-
- Political Action and Electronic Rights
-
- With all the consternation over abused constitutional rights in the online
- community this year, Californians missed an opportunity to vote themselves
- a Constitutional Right to telecommunicate. Below is part of the opening
- text from a file containing a print, sign and snail mail ballot initiative
- signature petition to qualify a proposed California Constitutional
- Amendment for the November 1990 general election (Western Edition WSJ
- 4-20-90; Middlesex News 4-23-90). I directed the statewide electronic file
- distribution and speech forums:
-
- CALIFORNIANS FOR RESPONSIBLE REPRESENTATION
- INFORMATION TECHNOLOGY -- ELECTRONIC CITIZENS
- and
- THE CALIFORNIA CONSTITUTION
- are linked by
- THE FAIR REDISTRICTING INITIATIVE
-
- What your signature and signatures which you gather can do for you and
- your family (and your business), is provide a Constitutional Right to
- electronic citizen oversight of Legislative redistricting plans -- right in
- your home computer --if you like!
-
- There are now NO RULES for drawing voting district lines to establish a
- competitive election process. The FAIR REDISTRICTING INITIATIVE lays out
- specific rules to PREVENT REPETITION OF PAST ABUSES BY INCUMBENT
- POLITICIANS and eliminates the possibility of gerrymandering -- the drawing
- of electoral district lines to protect incumbents and deny fair
- representation. One of the most important SECTIONS included in this
- Initiative creates electronic citizen oversight of redistricting or
- reapportionment plans drafted by the Legislature before any legislative
- action:
-
- SECTION 5: The Legislature shall DISSEMINATE and make PUBLICLY
- available, in hard copy and COMPUTER-READABLE FORMAT, any data base or
- other information submitted or developed for its use in establishing and
- redistricting or reapportionment plans...
-
- NO PLANS WILL BE DRAWN BEHIND CLOSED DOORS TO PROTECT INCUMBENT POWER THAT
- DESTROYS YOUR RIGHT TO REPRESENTATIVE GOVERNMENT. THE INITIATIVE PROVIDES
- A CONSTITUTIONAL RIGHT TO KNOW PLANS BEFORE ANY ACTION IS TAKEN -- IN
- COMPUTER-READABLE FORMAT WITH ELECTRONIC CITIZEN OVERSIGHT.
-
- IT'S ABOUT TIME FOR
- THE BEGINNING OF INFORMATION AGE DEMOCRACY IN CALIFORNIA
-
- Are you ready to join other people of the world in this era our
- politicians praise as the "Decade of Democracy?" Are you tired of cheering
- the democratic victories of others? Your opportunity to take action in the
- name of DEMOCRACY is right in front of you. The Revolutionary Power of the
- Information Age is at your fingertips. THE FAIR REDISTRICTING INITIATIVE
- lets you put that power to work for you!!
- *** end ***
-
- In addition to the first effort at state level constitutional rights to
- telecommunicate, and to access government data in electronic form, this was
- the first statewide electronic distribution of print and sign political
- action material. In April and May of this year, issues about
- constitutional rights were still considered boring as dirt to most of the
- online community.
-
- The discussions that follow are excerpts from a WELL conference
- on the initiative. It is not presented as a representative
- sample and is reprinted with permission.
-
- Topic 333: Californians seek Information Age Democracy -- print
- Jeff Aldrich (jefrich) Mon, Apr 23, '90 (22:35) 18
-
- One item I've noticed absent from this discussion is any reference to
- the fact that this initiative, if passed, will link this technology to the
- Ca Constitution by creating a constitutionally mandated right of public
- access to specific info in "computer-readable" format.
-
- With the volume of discussion I've seen in the Well on Electronic
- Citizenship and the need for same, I find it rather odd there has yet been
- commentary posted on this aspect of the initiative. And what about the
- fact that for the first time in Ca history an initiative is being
- distributed, in complete form, electronically -- giving people an
- opportunity to make an informed decision prior to signing a petition to
- qualify a measure for statewide ballot? Instead of some fellow pushing a
- pen at you to sign something on an ironing board when you leave the grocery
- store.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 26: Daniel A. Murphy (murphy) Tue, Apr 24, '90 (21:39)
-
- Jeff: I think you're looking at Fenno's paradox. Look at what people
- think of *their* representative, not Congress as a whole. For the most
- part, people support their representative, and where they don't (e.g.
- Cranston) it's clear they aren't likely prospects for reelection.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 29: David Gans (tnf) Wed, Apr 25, '90 (10:49) 4
-
- In the long run, information access would tend to produce a better
- informed electorate. If you don't think the GOP takes public apathy and
- stupidity to the bank and the ballot box year after year, you haven't been
- paying attention!
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 31: harry henderson (hrh) Wed, Apr 25, '90 (17:39)
-
- The GOP don't have a monopoly on taking voter stupidity to the bank. The
- Democrats also have a specialty: economic shell games that take advantage
- of voters' lack of knowledge of basic economic principles like supply and
- demand, incentive, etc.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 32: Jeff Aldrich (jefrich) Wed, Apr 25, '90 (18:02)
-
- The fact is, while we sit around on our butt's chewing the finer points of
- who's doing what to who, we're all loosing the right to access government
- data information. I just got a report today from the firm in Sacramento
- counting signatures on petitions that have come in. The few we've received
- on computer printed paper are from sysop's I've been working with -- Zero
- from the Well.
-
- The point is we have an opportunity to open a door that is closed and
- being welded shut. I'm beginning to wonder if all the talk here in the Well
- about how great the concept of Electronic Citizenship is -- protect our
- future, power to those without power, etc. -- was little more than
- sanctimonious rubbish.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 33: Bob Jacobson (bluefire) Wed, Apr 25, '90 (18:34)
-
- I think an initiative targeted on open information would be clearer,
- easier to understand, less expensive to run, and more certain of passage.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 34: Daniel A. Murphy (murphy) Wed, Apr 25, '90 (18:54)
-
- I agree completely with Bob. Better information access would help the
- process; it shouldn't me mixed up with a reapportionment scheme.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 35: David Gans (tnf) Wed, Apr 25, '90 (20:02) 2
-
- And phrases like "sanctimonious rubbish" aren't likely to
- inspire very many people around here.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 36: Jeff Aldrich (jefrich) Thu, Apr 26, '90 (01:53)
-
- Your right, David, that remark does not belong here.
-
- Bob's right on all four items. Such an initiative would be easier to
- understand and pass. But I don't have any problems with constitutional
- access tied to this initiative. Neither does the Rose Institute at
- Clairmont. My difficulty is understanding the inactivity from the Well.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 37: Robert Deward (bobd) Thu, Apr 26, '90 (13:37) 6
-
- Are there any models for an initiative addressing open access to govt.
- information? I can check with Reference Point if no one has anything
- handy.
-
- This sounds to me like a perfect issue on which to test our beliefs about
- the efficacy of the on-line medium. What do you people think?
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 38: Daniel A. Murphy (murphy) Thu, Apr 26, '90 (18:41)
-
- It will be interesting to see if electronically-circulated petitions
- become common, as part of conventional signature-gathering campaigns.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 39: Art (arb) Thu, Apr 26, '90 (19:29) 2 lines
-
- Gee, Bobd, sounds like this project would have been a perfect
- match for your Electronic Citizenship project with a Gateway!
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 40: Dave Hughes (dave) Sun, Apr 29, '90 (07:08) 29
-
- Any objection from posters so far to my copying this out for Colorado
- candidate for Secretary of State Aaron Harber (D)? (He is a Harvard grad,
- serious challenger, owned two computer companies, and forced the current
- incumbent to better automate the SecStates office last race. One of his
- main themes is better citizen access to government, and he is ready for
- fresh electronic communications ideas to show voters that the Repub Sec of
- State is not doing all she could to use modern technology to give people
- that access.
-
- He is mulling over my suggestion to use the state telecom network (sorry
- US West) which is little used nights and weekends to put terminals in
- county offices for free citizen access to state government in Denver across
- a wide range of info - including state laws, regs, voter lists, licensing
- data, candidate reports etc) He might find this useful to think how to
- break out of the traditional mind-set about where/how 'official' political
- information is stored/distributed.
-
- It seems to me that the objection above about individual citizens not
- being that interested in mountains of facts misses a point. There are
- always local activists who would scour such facts, extract useful info, and
- present to local people. If they had timely, cheap, and total access to
- publicly stored info. Media is supposed to be doing this 'for the voters'
- and up to a point, on hot 'mass interest' topics do. But news media are
- decliningly useful sources of information about government.
-
- Topic 333: Californians seek Information Age Democracy -- print
- # 42: Jeff Aldrich (jefrich) Tue, May 1, '90 (21:45)
-
- the latest signature count has too many printed petition forms from all
- over the state for me to trace back to the well. I suspect several came
- from Wellies...thanks for the effort
-
- Bob, my research has yet uncovered a 'model access' amendment. If we
- can't come up with one ready-made, anyone with ideas on using resources
- here in the Well to pull one together for Calif. in '92? Or failing that,
- what about ideas on our ability to pull the industry together to support
- such an effort?
-
- +-+-+-+-+-+ END OF WELL CONFERENCE +-+-+-+-+-+
-
- Most of the discussion in the WELL conference focused on the politics
- behind the measure, rather than looking at benefits extended to the
- electronic community. It's said that timing in politics is everything. If
- concerns about Operation Sundevil had been two months earlier, or our
- filing deadlines two months later, The FAIR REDISTRICTING INITIATIVE would
- have collected enough signatures to qualify for the November General
- Election.
-
- Initiative '92 -- Computer Rights and Economic Impact on Business
-
- We learned a lot about the online community from distributing the ballot
- measure earlier this year -- from identifying politically active systems
- statewide, to distribution, to political issues considered palatable by the
- electronic community. Successful efforts to promote computer rights and
- industry growth utilizing the electronic distribution initiative process in
- California offer a range of policy issues including, but not limited to,
- the following:
-
- legislative info in data format dispensed at no cost to info service
- companies providing educational access; incentives for development of rural
- telecommuting centers, including a) increased rate of return on investment
- for rural telephone utilities, b) redirecting transportation funds to
- reduce site construction and development costs, c) business tax incentives
- for participation in rural telecommunicating centers; revision of computer
- crime statutes and enforcement procedures; association member access to,
- and use of, California State University computer systems for the purpose of
- increasing international trade in conjunction with the California State
- World Trade Commission, and; add telecommuting projects to the smart
- Freeway Corridor Telecommunications Demonstration Project by redirection of
- Federal Transportation Appropriations.
-
- There is no question all of these items will be considered in the drafting
- of a 1992 California ballot measure. The measure will also include
- language mandating that computer telecommunications become a state
- constitutional right. Many of the issues listed above have the potential
- to create positive economic impact for general business, trade associations
- and specific computer industries. As a focal point of the initiative,
- Rural telecommuting development cuts to a broad based, organized
- constituency.
-
- I've been retained by clients interested in forming a committee to sponsor
- development of this initiative. I have been asked to determine the
- support, if any, of others interested in forming a sponsor committee. And
- to determine if the level of this support is sufficient to justify further
- activity.
-
- Committee membership guidelines:
-
- Committee Member Sponsor $7,500.00 < per 1 vote >
-
- Total Committee Member Sponsors < ten >
-
- Minimum Committee Member Sponsors to vest < five >
-
- Committee will vest January 7, 1991.
-
- Letters of intent to fund are due and payable no latter than
- January 4, 1991. Failure to vest refunds are due and payable
- January 17, 1991.
-
- For more information concerning the formation of this ballot
- measure committee, contact:
-
- Jeff Aldrich
- jefrich@well.ca.us Aldrich & Associates,
- Voice: (707)426-1679 Political Consulting
- Fax: (707)425-9811 2791F North Texas, Suite 341
- Fairfield, CA 94533
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: John and Barbara McMullen
- Subject: The Riggs Sentencing (reprint from Newsbytes)
- Date: November 21, 1990
-
- ********************************************************************
- *** CuD #2.13: File 3 of 5: More on the Riggs Sentencing ***
- ********************************************************************
-
- (The following articles, by John and Barbara McMullen, were originally
- published in Newsbytes. They are reprinted with permission. They corrects
- some errors in the original AP wire service story reported in the last
- issue of CuD).
-
- =======================================================================
-
- (NEWS)(GOVT)(NYC)(00001)
-
- ATLANTA SENTENCING FOR COMPUTER CRIMES
- ATLANTA, GEORGIA, U.S.A., 1990 NOV 19 (NB) -- Robert J. Riggs,
- Adam E. Grant and Franklin Darden, who pleaded guilty in July to various
- charges relating to computer break-ins to systems of BellSouth, have been
- sentenced by U.S. District Judge Owen Forrester to prison sentences and
- ordered to make financial restitution of $233,000 to BellSouth. Riggs,
- who had pleaded guilty to one conspiracy count and could have received a
- maximum sentence of five years in prison and a $200,000 fine, was
- sentenced to a 21-month prison term and was ordered to begin serving the
- sentence on February 15th. Darden, who faced similar penalties, received
- 14 months as did Grant. Grant had pleaded guilty to possessing 15 or more
- BellSouth access devices with the intent to defraud and faced a maximum
- penalty of 10 years in prison and a $250,000 fine. In sentencing Grant and
- Darden, Judge Forrester stipulated that seven months of their sentences
- may be served in a halfway house. Grant and Darden are scheduled to report
- for confinement on January 4th.
-
- Craig Neidorf, who had been indicted for publishing an electronic
- document which Riggs admitting copying from BellSouth's files, expressed
- surprise at the sentence, telling Newsbytes "The sentence seems severe
- when one considers the lesser sentence given to Robert Morris who
- disrupted thousands of computers and caused untold financial expense to
- those who had to undo the damage that he caused. I am not saying that
- Morris should have received a harsher penalty; I'm saying rather that the
- Atlanta sentences seem disproportionate. I don't know much about all of the
- Atlanta charges but the testimony concerning them at my case did not
- indicate that there had been great financial damage to anyone because of
- the actions of these three."
-
- Neidorf also questioned the determination of damages in the case, saying
- "I hope that the damages claimed by BellSouth have been well scruitinized
- by the government. You may remember that, before the charges against me
- were dismissed, BellSouth had claimed that the value of the document in
- question was over $70,000. It turned out that the document was available
- in print for under $20. Riggs, Darden and Grant had already pleaded guilty
- when this gross overstatement came out. I hope, for justice's sake, that
- the restitution awarded actually relates to substantiated damages."
-
- Kent Alexander, Assistant U.S. Attorney, told Newsbytes that he "is
- comfortable with the method under which the damages were determined." He
- also clarified the order for restitution, saying that Riggs, Darden and
- Grant are jointly responsible for the $233,000 and that each of them is
- individually liable for the entire amount should the others default in
- payment.
-
- Alexander had, in July, told Newsbytes that the plea agreement entered
- into by the defendants "allows the United States Attorney's office to, in
- return for substantial assistance from the defendants, to ask for a
- downward departure from the sentencing guidelines. The substantial
- assistance referred to includes debriefing by the Secret Service and
- truthful testimony in other related computer cases." Alexander confirmed,
- in his current comments to Newsbytes, that the sentences given were, in
- fact, downward departures from the sentencing guidelines.
-
- New York State Police Senior Investigator Donald Delaney, who has been at
- the forefront of New York State investigations into computer crime,
- commented on the sentencing to Newsbytes, saying "I think that the
- sentence is significant and appropriate given the severity of the crimes.
- I hope that this sends a message to others engaged in telecommunications
- fraud that such actions can result in actual jail terms."
-
- (Barbara E. McMullen & John F. McMullen/19901119)
-
- =============================================================================
- (EXCLUSIVE)(GOVT)(NYC)(00001)
-
- ATLANTA SENTENCING DESIGNED TO "SEND MESSAGE"
- ATLANTA, GEORGIA, U.S.A., 1990 NOV 20 (NB) -- In response to questions by
- Newsbytes concerning the rationale underlying the sentences received by
- Robert J. Riggs, Adam E. Grant and Franklin E. Darden, Jr. on November
- 16th for activities involving illegal access to computer systems of
- BellSouth, Assistant United States Attorney for the Northern District of
- Georgia Kent B. Alexander has released the "Government's Sentencing
- Memorandum And S.G. & 5K1.1 Motion". This 21 page document, prepared by
- Joe D. Whitney, United States Attorney for the Northern District of
- Georgia, and Alexander and sent to United States District Court Judge J.
- Owen Forrester, puts forth the factors which the prosecuting attorneys
- wish the judge to consider in determining sentence.
-
- The memorandum states "Although the government is going to recommend a
- downward departure from the Sentencing Guidelines, the three defendants
- are clearly criminals who have caused a significant amount of damage and
- should be punished accordingly. Moreover, the computer hacker world is
- watching this case very closely, and the Court should send a message that
- illegal computer activities will not be tolerated" (The word "hacker" is
- footnoted and explained by saying "The government uses the term 'hacker'
- to describe a person who uses computers for criminal activity. The Court
- should note, however, that the term 'hacker' can also be used to describe
- legitimate computer users. At one time all computer users were known as
- 'hackers' and some computer users still identify themselves as
- 'hackers'.").
-
- In explaining the gravity of the crimes, the memorandum states "In all,
- they stole approximately $233,800 worth of logins/passwords and connect
- addresses (i.e. access information) from BellSouth. BellSouth spent
- approximately $1.5 million in identifying the intruders into their system
- and has since spent roughly $3 million more to further secure their
- network."
-
- In explaining the perceived need to send a message to the "hacker
- community", the memorandum points out that the last federally prosecuted
- adult criminal hacker, Robert Morris, Jr. received probation and that
- that sentence was followed very closely by 'hackers' throughout the
- nation. The memorandum states "Any sentence that does not include
- incarceration would send the wrong message to the hacking community; that
- is, that breaking into computer systems is not really a crime."
-
- The document also states that "All three defendants have provided
- significant cooperation that has fueled further investigation into the
- activities of a number of computer hackers throughout the country."
- Because of this cooperation, the "government moves for this Court to make
- a downward departure pursuant to S.G. 5k1.1 in the amount of three levels
- for defendants Grant and Darden and two levels for defendant Riggs." The
- memorandum then details the cooperation of each of these defendants in
- cases involving Craig Neidorf in Chicago and an unnamed "fellow Legion of
- Doom member" in Detroit. The memorandum also explains why a lesser
- departure is recommended for Riggs - "Defendant Riggs strikes the
- undersigned counsel as an unusually quiet and pensive person. Throughout
- the investigation, he has been cooperative, but because of his nature, he
- sometimes comes across as uninterested and evasive. The bottom line is
- that he provided helpful information that furthered several
- investigations around the country, though his assistance was not as
- substantial as that of Grant and Darden; hence the recommendation of only
- a two-level departure." An earlier conviction for Riggs related to
- computer fraud was also mentioned.
-
- In the actual sentencing by Judge Forrester, Grant and Darden received 14
- months incarceration of which 7 will be in a half-way house while Riggs
- received 21 months incarceration . Additionally, they were directed to
- make restitution payments to BellSouth of $233,000.
-
- In a conversation with Newsbytes, the aforementioned Craig Neidorf
- questioned the determination of damages in the case, saying "I hope that
- the damages claimed by BellSouth have been well scrutinized by the
- government. You may remember that, before the charges against me were
- dismissed, BellSouth had claimed that the value of the document in
- question was over $70,000. It turned out that the document was available
- in print for under $20. Riggs, Darden and Grant had already pleaded guilty
- when this gross overstatement came out. I hope, for justice's sake, that
- the restitution awarded actually relates to substantiated damages." An
- examination of the sentencing memorandum finds that the E911 file, "the
- subject of the Chicago indictment" was estimated by Bob Kibler of
- BellSouth Security to be valued, based on R&D costs, at $24,639.
-
- Kent Alexander, Assistant U.S. Attorney, told Newsbytes that he "is
- comfortable with the method under which the damages were determined." He
- also clarified the order for restitution, saying that Riggs, Darden and
- Grant are jointly responsible for the $233,000 and that each of them is
- individually liable for the entire amount should the others default in
- payment.
-
- The Department of Justice release also stated "The United States Attorney
- commented that most computer users engage in legal and constructive
- activities. Criminal hackers, however, who break into computer systems of
- others, are breaking the law and will be prosecuted accordingly."
-
- (Barbara E. McMullen & John F. McMullen/19901119)
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: Jim Warren (jwarren@well.sf.ca.us)
- Subject: First Conference on Computers, Freedom & Privacy
- Date: Undated
-
- ********************************************************************
- *** CuD #2.13: File 4 of 5: Computers Freedom and Privacy Conf. ***
- ********************************************************************
-
- %One good consequence of Operation Sun Devil has been the increased
- awareness of the need to address issues of ethics, computer rights, and
- computer abuse. The following conference is an attempt to bring a variety
- of individuals and groups together to exchange information and
- opinions--moderators%.
-
- FIRST CONFERENCE ON COMPUTERS, FREEDOM & PRIVACY
- ------------------------------------------------
- March 25-28, 1991, Monday-Thursday
- SFO Marriott Hotel, reservations: 800-228-9290
- San Francisco Airport, 1800 Old Bayshore Hwy, Burlingame CA 94010
-
- COOPERATING ORGANIZATIONS
- -------------------------
- Electronic Networking Association
- Videotex Industry Association
- Electronic Frontier Foundation
- The WELL, Portal Communications
- [as of 11/23/90, more expected shortly]
- Sponsor: Computer Professionals for Social Responsibility
-
- PLANNED CONFERENCE SESSIONS
- ---------------------------
- 1. The Constitution in the Information Age [opening session]
- coordinator: Jim Warren; Chair: Jim Warren
- Introductory remarks; then, major policy proposal regarding electronic
- communications and Constitutional rights.
- speaker: Professor Lawrence Tribe, Harvard Law School
-
- 2. Trends in Computers & Networks
- coordinator: Peter Denning; Chair: Peter Denning
- Overview and prognosis of computing capabilities and networking as they
- impact personal privacy, confidentiality, security, one-to-one & many-to-one
- communication, and access to information about government, business & society.
-
- 3. Public-Sector Information About Individuals
- coordinators: Les Earnest, Bruce Koball; Chair:
- Collection, verification, use, sharing and protection of, and access to and
- responsibility for personal information, by government agencies, such as
- census, voter, tax, license, permit and criminal records.
-
- 4. Private-Sector Information About Individuals
- coordinators: Les Earnest, Bruce Koball; Chair:
- Collection, marketing, verification, use and protection of, and access to
- and responsibility for personal information, by private organizations, such as
- banking, credit, health, consumer, employment, family & lifestyle information.
-
- 5. International Perspectives & Impacts
- coordinator: Mark Graham; Chair:
- Other nations' models for protecting personal information and communication,
- and granting access to government information; existing and developing laws;
- requirements on trans-national dataflow, personal expression & accountability.
-
- 6. Law Enforcement Practices and Problems
- coordinators: Dorothy Denning, Glenn Tenney; Chair:
- Issues relating to investigation, prosecution, due process and deterrence
- of computer crimes, now and in the future; using computers to aid law
- enforcement.
-
- 7. Law Enforcement and Civil Liberties
- coordinators: Dorothy Denning, Glenn Tenney; Chair:
- Interaction of computer crime, law enforcement, and civil liberties; issues
- of search and seizure, sanctions, and shared or networked equipment, software
- and information.
-
- 8. Legislation & Regulation
- coordinators: Marc Rotenberg, Elliot Fabric; Chair:
- Legislative and regulatory roles in protecting privacy and insuring access;
- legal problems posed by computing and computer networks; approaches to
- improving related government decision-making.
-
- 9. Computer-Based Surveillance of Individuals
- coordinators: Les Earnest, Bruce Koball; Chair:
- Monitoring electronic-mail, public & private teleconferences, electronic
- bulletin boards, publications and subscribers; tracking individuals' location,
- work performance, buying habits & lifestyles; pattern recognition & profiling
-
- 10. Ethics and Education
- coordinators: Dorothy Denning, Glenn Tenney; Chair:
- Ethical principles for individuals, system administrators, organizations,
- corporations, and government; copying data, copying software, distributing
- confidential information; relations to computer education and computer law.
-
- 11. Electronic Speech, Press and Assembly
- coordinators: Marc Rotenberg, Elliot Fabric; Chair:
- Freedoms and responsibilities regarding electronic speech, public and
- private electronic assembly, electronic publishing, prior restraint and
- chilling effects of monitoring.
-
- 12. Access to Government Information
- coordinator: Mark Graham; Chair:
- Implementing individual and corporate access to federal, state & local
- information about communities, corporations, legislation, administration, the
- courts and public figures; allowing access while protecting confidentiality.
-
- 13. Where Do We Go From Here? [closing session]
- coordinator: Jim Warren; Chair: Jim Warren
- Perspectives and recommendations of participating groups, proposed next
- steps to protect person privacy, protect fundamental freedoms and encourage
- responsible policies and action.
-
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: chron!magic322!edtjda@UUNET.UU.NET(Joe Abernathy)
- Subject: Hackers Break into DEA Lines
- Date: Wed, 21 Nov 90 17:32:59 CST
-
- ********************************************************************
- *** CuD #2.13: File 5 of 5: Hackers & the DEA PBX (J. Abernathy ***
- ********************************************************************
-
- " Hackers break into DEA lines: Long-distance Service the Target"
- From: Houston Chronicle, Saturday, Nov. 17, 1990 (p. 1A)
- By JOE ABERNATHY (Copyright 1990, Houston Chronicle)
-
- Computer hackers and others stole long distance service worth up to $1.8
- million from the government through the Houston offices of the Drug
- Enforcement Administration, the agency acknowledged Friday.
-
- "We became aware of it last spring," said DEA spokesman Thomas Lentini.
- "Southwestern Bell telephone security told us that they suspected somebody
- was hacking into our FTS system. That's the Federal Telephone System."
-
- The agency cannot estimate the precise value of the long distance service
- since it used a dedicated line without per-call billing. But an Arizona
- prosecutor who specializes in computer fraud has estimated that such a
- breach can use service worth at least $100,000 a month.
-
- Self-described hackers told the Houston Chronicle that hundreds of people
- around the nation used the government phone lines over a period of 18
- months.
-
- The DEA has taken measures to protect its system, Lentini said.
-
- The thefts were discovered during a nationwide, previously undisclosed
- Southwestern Bell investigation into the fraudulent use of phone credit
- cards.
-
- "There were some folks that were making unauthorized use of customers'
- credit cards," said Ken Brasel, Southwestern Bell spokesman. "In our
- investigation of these people we discovered that they had used these credit
- cards to call a local number which turned out to be the DEA."
-
- By punching in an access code after connecting with this number, callers
- could place outgoing calls using the federal government's dedicated,
- private phone lines.
-
- "You just had to dial 8 and you could go anywhere," said a hacker who
- brought the DEA system invasion to the Chronicle's attention. "Hundreds
- used it."
-
- "A guy even walked up to me in Safeway once and asked if I'd heard about
- the 221 PBX," said another hacker.
-
- These two and other hackers, identifying themselves by their computer
- system "handles" but declining to give their real names, discussed the
- matter with a Chronicle reporter in a series of late-night conference calls
- that they initiated.
-
- PBX, or private branch exchange, is the name given to the telephone
- switching systems used in medium to large companies, while 221 is the
- downtown prefix of the three DEA lines offering access into the federal
- phone system.
-
- "The way the system works is we call an access number that puts us into
- FTS, then we can call anywhere," Lentini said, explaining that the system
- was dedicated to upper management's use, typically for calls to Washington.
-
- "In effect, they have their own WATS line," Brasel said. "When they talk
- from here to Washington, they don't go through an AT&T operator."
-
- The phone lines were used both for normal calls and for computer data
- telecommunications, hackers said, and calls were placed around the world.
-
- According to the Arizona state attorney general's office, which has become
- renowned for its vigorous pursuit of hackers, PBXs are a prime source for
- overseas phone fraud, and give hackers a layer of security. If a call is
- traced,it is traced back to the company that owns the PBX, not to the
- hacker.
-
- "In the last two years it's just skyrocketed in terms of international"
- calls, said Gail Thackeray, an assistant attorney general in Arizona. "All
- of the long distance carriers are under siege."
-
- Thackeray estimated in a recent Chronicle interview that PBX abuse will
- cost industry $500 million this year. According to her formulas, the DEA
- hackers may have used service worth $100,000 or more during each of the 18
- months in which the agency's phone system was compromised.
-
- "We have some anti-social, fairly dangerous hackers out there because of
- the size of tools they have," Thackeray said.
-
- Assisted by computers, the hackers find the PBX numbers through trial and
- error by calling all available numbers in a prefix. "Numbers get passed
- around like a stock commodity," said one.
-
- A breach can go undetected for a long time because the government doesn't
- render bills on its dedicated phone lines.
-
- "Once the break-in was discovered, we immediately changed the access
- number," Lentini said.
-
- "We worked with Southwestern Bell trying to determine who the culprit was
- and we just couldn't do it," he said. "They were getting into it from pay
- telephones" as well as from residences and places of employment.
-
- "Southwestern Bell is still monitoring our lines for indicators that
- they're hacking into it again."
-
- Referring to the larger investigation of credit card fraud, Brasel urged
- that consumers exercise caution.
-
- "What these guys were doing is calling up and saying 'We're from AT&T and
- we've had a computer failure' and they say 'We need your credit card number
- and your PIN (personal identification number),' " he said. "That's like
- giving someone the key to the bank vault. You just don't do that."
-
- ********************************************************************
-
- ------------------------------
-
- **END OF CuD #2.13**
- ********************************************************************
-