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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 #2.15 (December 5, 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: Len Rose Indictment in Illinois
- File 3: 2600 Magazine Response to Atlanta Sentencing
- File 4: List of Computer Underground Clippings
- File 5: Computer Crime Laws list
- File 6: Media and the CU
- File 7: The Hermetic Underground
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- ----------------------------------------------------------------------
-
- ********************************************************************
- *** CuD #2.15: File 1 of 7: Moderator's corner ***
- ********************************************************************
-
- From: Moderators
- Subject: Moderators' Corner
- Date: December 5, 1990
-
- ++++++++++
- In this file:
- 1. FTP INFORMATION
- 2. WITNESSES FOR LEN ROSE'S BALTIMORE CASE
- 3. ADDRESS CHANGES
- ++++++++++
-
- +++++++++++++++++++++
- FTP Information
- +++++++++++++++++++++
-
- The current address for the widener ftp site is:
- ftp.cs.widener.edu
- The hours have been extended, and a number of files, including IIRG and NIA
- (Network Information Access), individual state computer crime statutes (eg,
- Calif, Fla, Ill.) have been added to all three sites.
-
-
- ++++++++++++
- Request for Unix Witnesses for Len Rose
- ++++++++++++
-
- Len Rose is currently planning the defense for his trial in Baltimore in
- February, and is looking for Unix experts/gurus able to testify about the
- Unix system. If you can recommend anyone, drop us a note or, better, call
- Len at (708) 527-1293.
-
- ++++++++++++++++
- ADDRESS CHANGES
- ++++++++++++++++
-
- If you are going to lose your account for any reason, be sure to drop us a
- line so we can delete your name from the mailing list. It reduces bounced
- mail and helps net traffic. Thanks.
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: Moderators and others
- Subject: Len Rose Indictment in Illinois
- Date: December 5, 1990
-
- ********************************************************************
- *** CuD #2.15: File 2 of 7: Len Rose Indictment and News Article***
- ********************************************************************
-
- "Innocent Plea in Computer Case: Naperville Man Denies
- Taking Key Program from Firm"
- From: Chicago Tribune, December 4, 1990: Sect. 2, p. 7)
- By Joseph Sjostrom
-
- One of the first persons ever charged with computer tampering in Du Page
- County pleaded not guilty Monday.
-
- Leonard Rose, 31, of Naperville, entered the plea before Associate Du Page
- County Judge Thomas Callum, who set the next hearing for January 14. Rose
- is charged with gaining access to a computer at Interactive Systems, Inc.,
- a Naperville software company where he worked for only a week last month,
- and with "removing" a program called AT&T Unix Source Code, which is the
- basic operating instructions that tell a computer how to receive and use
- all the other programs.
-
- If the case goes to trial, the prosecutor, Assistant State's Atty. David
- Bayer, will have to convince a jury that Rose removed the source code and
- that such action was illegal, even though the code remained in the computer
- from which he allegedly took it.
-
- Rose's attorney, Sheldon Zenner of Chicago, expects the case will never get
- beyond the first of those questions.
-
- "Quite simply, he didn't do it," Zenner said.
-
- Rose is under federal indictment in Baltimore for copying a similar program
- from a computer there and putting it on a computer bulletin board, where
- computer users could copy and use it without paying fees to AT&T.
-
- Rose was indicted on November 21 in Du Page County. Naperville police and
- state's attorney's investigators searched his apartment and confiscated two
- computers and a number of computer discs.
-
- "There were certain commands made on %the Interactive Systems% computer
- which suggest the source code was copied, or down-loaded %onto another
- computer%," Zenner said.
-
- "So they looked for the source code on Rose's computer, but it wasn't
- there. So they'll have to try to analyze the commands made on his computer
- and I expect they'll have an expert testify that, based on his analysis,
- the code was downloaded %onto Rose's computer%.
-
- "But the source code isn't there because Rose didn't do it," Zenner said.
- "I expect to show the court that a serious mistake has been made."
-
- Despite the large number of sophisticated research and business computers
- in Du Page County, the only other recent prosecution for computer tampering
- was the case of a woman who used a computer about two years ago to take
- revenge on an employer for firing her.
-
- She was put on probation after admiting that, in a fit of anger, she purged
- several programs from the company computer before departing the office for
- the last time.
-
- Otherwise, the extent of computer tampering and fraud is impossible to
- know, though experts say the opportunities for such activities are
- extensive.
- (end article)
-
- *******************************
-
- %Moderator's note: The story is a fair overview, but there is one major
- inaccuracy. Len Rose's Baltimore five count indictment *DOES NOT* charge
- him with "copying a similar program from a computer there and putting it on
- a computer bulletin board, where computer users could copy and use it
- without paying fees to AT&T." The federal indictment in Baltimore charges
- him with two counts of sending a trojan horse login file (which is not, in
- itself, illegal), and with three counts of transporting a very small
- portion of a Unix file across state lines. He is *NOT* charged with theft
- of that program in the indictment. Nor is he charged with downloading it
- or with placing it on a BBS where it could be downloaded. This portion of
- the story sounds like information provided by a prosecutor, because the
- reporter indicated he had not read the Baltimore indictment.
-
- *******************************
-
- The following is a voice-transcribed version of Len Rose's indictment of
- December 3, 1990 (Illinois, Du Page County; Case # 90-CF-2635). The form
- may not correspond exactly with the original, but it approximates the
- wording as closely as possible.
- The status hearing is set for January 14, 1991.
-
- ******************
-
- The grand jurors chosen, selected, and sworn, in and for the County of Du Page
- in the State of Illinois, IN THE NAME AND BY THE AUTHORITY OF THE PEOPLE OF
- THE STATE OF ILLINOIS, upon their oaths present that on or about
- the 17th day of October, 1990, at and within Du Page County, Illinois,
- Leonard Rose committed the offense of Computer Tampering in that said
- defendant accessed a computer belonging to Interactive Services, a corporation
- doing business at 1901 S. Naper Boulevard, Naperville, Du Page County,
- Illinois, and removed a program known as AT&T Unix System without the
- authority of the computer's owner, in violation of Illinois revised
- statutes, 1989, Chapter 38, Section 16D-3(a)(3) AGAINST THE PEACE AND
- DIGNITY OF THE SAME PEOPLE OF THE STATE OF ILLINOIS.
- (end indictment)
-
- ************************
-
- Following is the relevant language of the Illinois Criminal Code (Chapter 38):
-
- ************************
-
- 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 ma
- 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 an
- 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 OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: well!emmanuel@APPLE.COM(Emmanuel Goldstein)
- Subject: 2600 Magazine Response to Atlanta Sentencing
- Date: Fri, 30 Nov 90 00:23:06 pst
-
- ********************************************************************
- *** CuD #2.15: File 3 of 7: 2600 Response to Atlanta Sentences ***
- ********************************************************************
-
- The following article is from the Autumn 1990 issue of 2600 Magazine, The
- Hacker Quarterly. We encourage its distribution to anyone interested. If
- anyone needs to get in touch with us, we can be reached at:
- 2600@well.sf.ca.us or (516) 751-2600.
-
- ********************************************************************
-
- Over the past year there has been a great deal of publicity concerning the
- actions of computer hackers. Since we began publishing in 1984 we've
- pointed out cases of hackers being unfairly prosecuted and victimized. We
- wish we could say things were getting better but we cannot. Events of
- recent months have made it painfully clear that the authorities, above all
- else, want to "send a message". That message of course being that hacking
- is not good. And there seems to be no limit as to how far they will go to
- send that message.
-
- And so we come to the latest chapter in this saga: the sentencing of three
- hackers in Atlanta, Georgia on November 16. The three, Robert Riggs (The
- Prophet), Frank Darden, Jr. (The Leftist), and Adam Grant (The Urville)
- were members of the Legion of Doom, one of the country's leading hacker
- "groups". Members of LOD were spread all over the world but there was no
- real organization, just a desire to learn and share information. Hardly a
- gang of terrorists, as the authorities set out to prove.
-
- The three Atlanta hackers had pleaded guilty to various charges of hacking,
- particularly concerning SBDN (the Southern Bell Data Network, operated by
- BellSouth). Supposedly Riggs had accessed SBDN and sent the now famous 911
- document to Craig Neidorf for publication in PHRACK. Earlier this year,
- BellSouth valued the document at nearly $80,000. However, during Neidorf's
- trial, it was revealed that the document was really worth $13. That was
- enough to convince the government to drop the case.
-
- But Riggs, Darden, and Grant had already pleaded guilty to accessing
- BellSouth's computer. Even though the facts in the Neidorf case showed the
- world how absurd BellSouth's accusations were, the "Atlanta Three" were
- sentenced as if every word had been true. Which explains why each of them
- received substantial prison time, 21 months for Riggs, 14 months for the
- others. We're told they could have gotten even more.
-
- This kind of a sentence sends a message all right. The message is that the
- legal system has no idea how to handle computer hacking. Here we have a
- case where some curious people logged into a phone company's computer
- system. No cases of damage to the system were ever attributed to them. They
- shared information which we now know was practically worthless. And they
- never profited in any way, except to gain knowledge. Yet they are being
- treated as if they were guilty of rape or manslaughter. Why is this?
-
- In addition to going to prison, the three must pay $233,000 in restitution.
- Again, it's a complete mystery as to how this staggering figure was arrived
- at. BellSouth claimed that approximate figure in "stolen logins/passwords"
- which we have a great deal of trouble understanding. Nobody can tell us
- exactly what that means. And there's more. BellSouth claims to have spent
- $1.5 million tracking down these individuals. That's right, one and a half
- million dollars for the phone company to trace three people! And then they
- had to go and spend $3 million in additional security. Perhaps if they had
- sprung for security in the first place, this would never have happened.
- But, of course, then they would have never gotten to send the message to
- all the hackers and potential hackers out there.
-
- We think it's time concerned people sent a message of their own. Three
- young people are going to prison because a large company left its doors
- wide open and doesn't want to take any responsibility. That in itself is a
- criminal act.
-
- We've always believed that if people cause damage or create a nuisance,
- they should pay the price. In fact, the LOD believed this too. So do most
- hackers. And so does the legal system. By blowing things way out of
- proportion because computers were involved, the government is telling us
- they really don't know what's going on or how to handle it. And that is a
- scary situation.
-
- If the media had been on top of this story and had been able to grasp its
- meaning, things might have been very different indeed. And if BellSouth's
- gross exaggerations had been taken into account at the sentencing, this
- injustice couldn't have occurred. Consider this: if Riggs' sentence were as
- much of an exaggeration as BellSouth's stated value of their $13 document,
- he would be able to serve it in full in just over two hours. And the
- $233,000 in restitution would be under $40. So how much damage are we
- really talking about? Don't look to BellSouth for answers.
-
- In early 1991, the three are to begin their sentences. Before that happens,
- we need to reach as many people as possible with this message. We don't
- know if it will make a difference in this particular case if the general
- public, government officials, and the media hear this side of the story.
- But we do know it would be criminal not to try.
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: <KRAUSER@SNYSYRV1.BITNET>
- Subject: List of Computer Underground Clippings
- Date: Fri, 30 Nov 90 21:41 EDT
-
- ********************************************************************
- *** CuD #2.15: File 4 of 7: List of CU News Articles ***
- ********************************************************************
-
- Computer Hackers News Articles
- Compiled By
- Bob Krause
- KRAUSER@SNYSYRV1.BITNET
-
- The following is a list of articles that I have found concerning the
- computer underground in various magazines and news-papers. The list is in
- chronological order. If you know of an article that should be included in
- this list or correction, send me the information and I will add it to the
- listing.
-
- Nov 18 '90 Crackdown on computer crime is raising question of computer
- rights.
- Chicago Tribune pg.17
- Oct 29 '90 Users paying big price for PBX fraud.
- Network World pg.1
- Oct 28 '89 Halting hackers.
- The Economist pg.18
- Oct 15 '90 Target: The Corporate PBX
- Information Week pg.24
- Sept 9 '90 Can invaders be stopped but civil liberties upheld?
- The New York Times pg.F12
- Sept 1 '90 United States v Zod
- The Economist pg.23
- Sept '90 Digital Desperados; hackers indictments raise constitutional
- questions.
- Scientific American pg.34
- Aug 26 '90 The rights of computer users.
- Los Angles Times pg.D9
- Aug 22 '90 Open sesame; in the arcane culture of computer hackers, few
- doors stay closed.
- The Wall Street Journal pg.A1
- Aug 20 '90 NY State Police round up hackers.
- Computerworld pg.99
- Aug 17 '90 U.S. Arrests boy, 5 others in computer hacker case.
- The Wall Street Journal pg.82
- Aug 6 '90 Computer anarchism calls for a tough response.
- Business Week pg.72
- Aug 6 '90 Charges dropped against alleged BellSouth hacker.
- Telephony pg.12
- July 30 '90 Hacker trial begins in Chicago.
- Computerworld pg.8
- July 30 '90 'Hacking' crackdown is dealt a setback in trial in Chicago
- The Wall Street Journal pg.B3
- July 21 '90 Crackdown on hackers 'may violate civil rights'.
- New Scientist pg.22
- July 21 '90 Group to defend civil rights of hackers founded by computer
- industry pioneer.
- The Wall Street Journal pg.B4
- July 10 '90 Group to fight for computer users' rights.
- Los Angles Times pg.D5
- July 10 '90 Computer hackers plead guilty in case involving BellSouth.
- The Wall Street Journal pg.84
- July 2 '90 Hackers of the World, Unite!
- Newsweek pg.36
- May 21 '90 Throwing the book at computer hackers.
- Business Week pg.148
- May 14 '90 Justice failed in refusing to make Morris an example.
- Computerworld pg.23
- May 14 '90 Morris sentence spurs debate.
- Computerworld pg.128
- May 14 '90 Wheels of justice grind to a halt in 'worm' case.
- PC Week pg.16
- May 7 '90 Three-year probation for Morris.
- Computerworld pg.1
- May '90 Just say No
- Communications of the ACM pg.477
- May '90 Uncovering the mystery of Shadowhawk.
- Security Management pg.26
- Apr 30 '90 The hacker dragnet: the Feds put a trail on computer crooks -
- and sideswipe a few innocent bystanders. Newsweek pg.50
- March 26'90 Internet interloper targets hacker critics.
- Computerworld pg.127
- March '90 Cyber Thrash
- SPIN pg.24
- March '90 Is Computer Hacking a Crime?
- Harper's pg.45
- Wntr '90 Comp. crime and the Computer Fraud and Abuse Act of 1986
- Computer Law Journal pg.71
- Feb 19 '90 Morris code.
- The New Republic pg.15
- Feb 12 '90 Alleged hackers charged wit theft of BellSouth 911 data.
- Telephony pg.10
- Feb 12 '90 Babes in high-tech toyland nabbed.
- Computerworld pg.8
- Feb 11 '90 Revenge on the nerds; sure, jail our hackers - who needs
- software stars anyway?
- Washington Post pg.C5
- Feb 9 '90 Hacked to pieces.
- New Statesman and Society pg.27
- Feb 2 '90 Prevention is better than cure.
- Public Finance and Accountancy pg.9
- Jan 5 '90 Computer hacking: is a new law needed.
- Public Finance and Accountancy pg.7
- Feb 7 '90 Four charged with scheme against phones.
- The Wall Street Journal pg.B5
- Dec 4 '89 Hackers: Is a cure worse than the disease?
- Business Week pg.37
- Sept '89 Free the hacker two.
- Harper's Magazine pg.22
- June 19 '89 Hacker invades So. Bell switch.
- Telephony pg.11
- June '89 Consensual realities in cyberspace
- Communication of the ACM pg.664
- Apr 3 '89 Strong scruples can curb computer crime.
- Computerworld pg.100
- March 9 '90 Hackers revealed as spies.
- Nature pg.108
- March 6 '89 Are ATM's easy targets for crooks?
- Business Week pg.30
- Feb 20 '89 Prison term for first U.S. hacker-law convict.
- Computerworld pg.1
- Jan 9 '89 Hacker prosecution: suspect held, denied phone access by
- district court.
- Computerworld pg.2
- Jan 9 '89 Drop the phone: busting a computer whiz.
- Time pg.49
- Dec 26 '88 The Cyberpunk
- People pg.50
- Dec 11 '88 Computer intruder is urged by authorities to contact the
- laboratory he invaded.
- The New York Times pg.24
- Nov 14 '88 Portrait of an artist as a young hacker.
- Computerworld pg.6
- Nov '88 Robopsychology
- Omni pg.42
- Aug 1 '88 Is your computer Secure?
- Business Week pg.64
- Apr 28 '88 Hacker runs rings around military security.
- New Scientist pg.25
- April '88 Computer hackers follow Guttman-like progression.
- Sociology and Social Research pg.199
- Oct '87 Brian Reid, A Graphics Tale of a Hacker Tracker
- Communications of the ACM pg.820
- April '86 Positive Alternatives: A report on an ACM Panel on Hacking
- Communications of the ACM pg.297
- Jan '84 Hacking away at morality.
- Communications of the ACM pg.8
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: brendan@CS.WIDENER.EDU(Brendan Kehoe)
- Subject: Computer Crime Laws list
- Date: Sun, 2 Dec 90 18:15:07 EST
-
- ********************************************************************
- *** CuD #2.15: File 5 of 7: State Computer Crime Laws ***
- ********************************************************************
-
- The following are the computer crime laws for various states for
- those wishing to track them down.
-
- AL Computer Crime Act, Code of Alabama, Sections 13A-8-100 to 13A-8-103
- AK Statutes, Sections 11.46.200(a)(3), 11.46.484(a)(5),
- 11.46.740, 11.46.985, 11.46.990
- AZ Revised Statues Annotated, Sections 13-2301(E), 13-2316
- CA Penal Code, Section 502
- CO Revised Statutes, Sections 18-5.5-101, 18-5.5-102
- CT General Statutes, Sections 53a-250 to 53a-261, 52-570b
- DE Code Annotated, Title 11, Sections 931-938
- FL Computer Crimes Act, Florida Statutes Annotated, Sections
- 815.01 to 815.07
- GA Computer Systems Protection Act, Georgia Codes Annotated, Sections
- 16-9-90 to 16-9-95
- HI Revised Statutes, Sections 708-890 to 780-896
- ID Code, Title 18, Chapter 22, Sections 18-2201, 18-2202
- IL Annotated Statutes (Criminal Code), Sections 15-1, 16-9
- IN Code, Sections 35-43-1-4, 35-43-2-3
- IO Statutes, Sections 716A.1 to 716A.16
- KS Statutes Annotated, Section 21-3755
- KY Revised Statutes, Sections 434.840 to 434.860
- LA Revised Statutes, Title 14, Subpart D. Computer Related Crimes,
- Sections 73.1 to 73.5
- ME Revised Statutes Annotated, Chapter 15, Title 17-A, Section 357
- MD Annotated Code, Article 27, Sections 45A and 146
- MA General Laws, Chapter 266, Section 30
- MI Statutes Annotated, Section 28.529(1)-(7)
- MN Statutes (Criminal Code), Sections 609.87 to 609.89
- MI Code Annotated, Sections 97-45-1 to 97-45-13
- MS Revised Statutes, Sections 569.093 to 569.099
- MT Code Annotated, Sections 45-2-101, 45-6-310, 45-6-311
- NE Revised Statutes, Article 13(p) Computers, Sections 28-1343 to 28-1348
- NV Revised Statutes, Sections 205.473 to 205.477
- NH Revised Statutes Annotated, Sections 638:16 to 638:19
- NJ Statutes, Title 2C, Chapter 20, Sections 2C:20-1, 2C:20-23 to 2C:20-34,
- and Title 2A, Sections 2A:38A-1 to 2A:38A-3
- NM Statutes Annotated, Criminal Offenses, Computer Crimes Act, Sections
- 30-16A-1 to 30-16A-4
- NY Penal Law, Sections 155.00, 156.00 to 156.50, 165.15 subdiv. 10,
- 170.00, 175.00
- NC General Statutes, Sections 14-453 to 14-457
- ND Century Code, Sections 12.1-06.1-01 subsection 3, 12.1-06.1-08
- OH Revised Code Annotated, Sections 2901.01, 2913.01, 2913.04, 2913.81
- OK Computer Crimes Act, Oklahoma Session Laws, Title 21, Sections
- 1951-1956
- OR Revised Statutes, Sections 164.125, 164.377
- PA Consolidated Statutes Annotated, Section 3933
- RI General Laws (Criminal Offenses), Sections 11-52-1 to 11-52-5
- SC Code of Laws, Sections 16-16-10 to 16-16-40
- SD Codified Laws, Sections 43-43B-1 to 43-43B-8
- TN Code Annotated, Computer Crimes Act, Sections 39-3-1401 to 39-3-1406
- TX Codes Annotated, Title 7, Chapter 33, Sections 33.01 to 33.05
- UT Computer Fraud Act, Utah Code Annotated, Sections 76-6-701 to 76-6-704
- VA Computer Crime Act, Code of Virginia, Sections 18.2-152.1 to
- 18.2-152.14
- WA Revised Code Annotated, Sections 9A.48.100, 9A.52.010, 9A.52.110 to
- 9A.52.130
- WI Statutes Annotated, Section 943.70
- WY Statutes, Sections 6-3-501 to 6-3-505
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- From: Moderators, Joe Abernathy, and "4 8"
- Subject: Media and the CU
- Date: December 4, 1990
-
- ********************************************************************
- *** CuD #2.15: File 6 of 7: Media and the CU ***
- ********************************************************************
-
- %Moderators' note: We received a number of responses, including logs from
- various net sources, about the DEA/PBX story in CuD 2.14. We invited Joe to
- respond, and received another, unsolicited, commentary. We add a final
- concluding comment at the end of this file%.
-
- *****************
-
- From: chron!magic322!edtjda@UUNET.UU.NET(Joe Abernathy)
- Subject: A Response to recent critics by Joe Abernathy
- Date: Thu, 29 Nov 90 20:35:30 CST
-
- The debate of the word hacker, while worthy and fascinating, is not
- something that makes proper material for a daily newspaper. The fact is
- that the force of society has made "hacker" into the bad guys, despite the
- fact that it used to refer to people like myself, who sit around playing
- with modems and assembly language. Most people in the press possess more
- knowledge about things like this -- and things like the difference between
- worm and virus, or usenet and Internet -- than they're given credit for.
- What the critics always miss is that reporters don't write just for
- computer scientists --they write for their grandmothers, their children,
- and for the public record. So what happens is that the reporters always
- choose the most accurate word or description that can be understood by the
- largest number of people.
-
- Screaming at reporters, or suggesting their ignorance, won't change the way
- hacker is used in stories. That definition is already written in the public
- consciousness, and in the laws of the land.
-
- Jack Minard, the second correspondent, invalidated his complaint by failing
- to read my article. I don't have time to do his reading for him, but I will
- respond to the one thing he alluded to that really does matter from a
- standpoint of journalist ethics: why the "hackers" weren't identified. They
- weren't because they wanted it that way ... which raises the issue of why
- anyone would allow one's accusers to go faceless. The answer is that we
- didn't -- the facts of that story were provided by the DEA itself, albeit
- upon my request, with the members of the computer underground identified
- only to provide color and perspective.
-
- Best Regards.
-
- ***************************************************
-
- From: 4 8 (Figure it out)
- Subject: In regards to the comments about the "DEA article" in the last CuD
- Date: 11/30/90 @ 4:43 PM
-
- In regards to the comments about the "DEA article" by Joe Abernathy of the
- Houston Chronicle:
-
- I find that what you have stated is limited in your knowledge to the story
- and exactly what happened.
-
- I'm very upset at the fact that you present Joe Abernathy as an
- "anti-hacker" journalist. Furthermore, you continue to present the quotes
- in the article as also being "anti-hacker".
-
- As it may be, I tipped off Joe about the story and it's background so he
- could publish it. Now, you may not know who wrote this, but if you did--
- I'm almost positive you wouldn't dare to call me an "anti-hacker". Hell
- man, I'd make you eat those words. [And trust me, you don't want that]
-
- (Thank you for letting my ego surpass yours for that last paragraph)
-
- The PBX that was mentioned was abused ridiculously to the point at which
- someone had to come forward and tell who owned the lines. As many as 200+
- were using this PBX nationally. The story wasn't done to "thrash" hackers,
- nor to embarrass the government (Well.. maybe a little bit!), it was done
- to show how stupid toll fraud can be if not exposed over a period of time.
-
- Now, I have something to say regarding the author of the article. Joe
- Abernathy is a very important symbol of these times. He what the community
- needs more of: A journalist who sees "grey" and has the power to reach
- people.
-
- I think you've made a great mistake in publicly voicing your opinion on the
- article and Joe. We need more Journalists like Abernathy who do see "grey"
- in this community.
-
- It appears to me that you didn't actually read the story. Otherwise, it
- would be obvious to you that it wasn't one sided. The quotes taken were
- from REAL hackers, ones that fed up with the BS of the current state of the
- community.
-
- You are "ragging" on a very good ally of this community, the press. In the
- past the press "bashed" hackers. I seldom see journalists hacker-bash
- anymore.
-
- Furthermore, the 1.8 million figure that Joe published was incorrect.
- Hell, I think it was more than 1.8 million! The PBX was accessable for
- about 1 year. And don't tell me that it would take 9.7 hackers dialing 24
- hours a day to get that total. Hell! One hacker could EASILY surpass that
- total.
-
- I suggest you re-evaluate your views. YOU ARE THE ONE-SIDED STORY.
-
- Take heed to this warning:
-
- Your comments were taken personally by me. I believe that if YOU continue
- to bash the "grey-journalists" of this period, than you'll destroy a needed
- link between these journalists and the community.
-
- Regards,
- 4 8
-
- PS: Most of the material that was in your comments came directly from various
- other news-posts around the net
-
-
- ************************************
-
- %Moderators' Comment%:
- An important goal of CuD remains that of stimulating debate, and we try to
- print, uncensored and without commentary, the views as expressed by
- contributors, whatever they may be. The media stands in an ambiguous
- relationship with the CU. One one hand, we encourage them to print
- favorable, or at least factual, stories but, on the other, we are
- suspicious or hostile when those stories are not to our liking. Reporters,
- like the rest of us, learn, and when we feel they are in error, it's most
- helpful to engage in dialogue and let the "dialectic of knowledge" take its
- course, keeping an ever-watchful eye that the course paints a clearer
- picture not only of "reality," whatever and wherever that may be, but also
- tries to understand the "reality" of others as well. The danger in
- criticizing individual reporters, especially those who are actively
- reporting on issues in which we are interested, is that we remain blind to
- their positive contributions and remain focused on a perceived past
- grievance. This, in the long run, seems unproductive. We run the risk of
- becoming our own worst enemy, fragmenting into splinter groups supporting,
- opposing, squabbling, over sometimes important , but--more
- often--short-term issues. When this happens, we divert attention from the
- broader issues of Constitutional rights, civil liberties, crackdowns, and
- the rest. Rather than castigate an individual, we would, as moderators,
- prefer to see reasoned alternatives developed, argued, examined, and
- clarified.
-
- We printed both articles in the last issue because they typified the
- shorter concerns we read. One contributor identified four points that,
- despite the tone of the post, we thought legitimate for debate. Borrowing
- from that article, and paraphrasing (perhaps beyond the original meaning of
- the post), we identify:
-
- 1. What is a hacker, and who gets to define the term? This is a crucial
- issue, and not merely a semantic quibble, because law enforcement defines
- hackers as felons by definition.
-
- 2. What is the relationship between law enforcement and media? We tend to
- agree that the figure of $1.8 seems high when one calculates it. This is an
- issue that extends beyond our own interests (as the recent uncritical
- articles of the "earthquake scare" and other stories indicate). The
- question, as we see it, is: To what degree do those with an interest in
- prosecuting hackers manipulate the media by distorting definitions, the
- English language, and facts and figures to create an alternative reality
- more to their liking? It would seem we should be working to alert the media
- to be more critical of the information they receive.
-
- 3. News media tend to rely on law enforcement sources because most do not
- know any hackers and because many reports perhaps give law enforcement more
- credibility than to their targets. Punching them in the nose is not likely
- to make the media want to get to know us. Like all of us, most reporters
- are just doing their job, and most who write these stories cover a variety
- of other topics as well. Therefore, they are often simply not computer
- literate. One of our goals is to expand their literacy. Sometimes this is
- successful, but other times not. But, the struggle must continue, and
- struggle is as long as history. We see most of the CU issues (privacy,
- judicial process, who gets to define "crime") as broader issues, and our
- collective participation is not simply an attempt to make the world safe
- for hackers, a rather silly and myopic goal, but to address broad issues in
- one tiny slice of our existence, that of cyberspace, and hopefully the
- implications will, in the aggregate, contribute to a more tolerable world.
-
- When aging radicals begin to sound like moderate liberals, perhaps they've
- fought one fight too many. Nonetheless (there's always a "nonetheless"), we
- find it more productive to "keep our eye on the prize" rather than continue
- internal bickering over "who's right" or "who's wrong."
-
- ********************************************************************
- >> END OF THIS FILE <<
- ***************************************************************************
-
- ------------------------------
-
- Subject: The Hermetic Underground
- From: Dark Adept
- Date: Wed, 28 Nov 90 2:15:52 CST
-
- ********************************************************************
- *** CuD #2.15: File 7 of 7: The Hermetic Underground ***
- ********************************************************************
-
- Reinforcing the cloak of the Underground...
-
- The Hermetic Underground
-
- by
-
- The Dark Adept
-
- Greetings! This phile will take a different twist than the previous ones.
- In the past few philes, I have given security (common sense) advice to the
- members of the "real" world. The purpose was to try and build a rapport
- between industry and computer society. However, there is a question as to
- whether computer society will survive or not. In an effort to keep the
- Underground alive, I will be relating some ideas for survival during the
- "witch-hunt."
-
- ----------------------
- | Modern-day Wizards |
- ----------------------
-
- A long time ago in a place far, far away there were once many wizards. Now
- wizards did not really raise the dead or turn gold into lead. What they
- did do was to try and learn about and explain the universe as best as they
- could. They delved into dark territories such as death, alchemy, and
- mechanical engineering in order to improve the world they lived in. From
- these evil doings, two things were produced. Science, including
- Philosophy, Logic, Math, Chemistry, Physics, etc. And witch-hunts. They
- weren't witch-hunts as one may see by looking at Salem. The effect was
- much more devastating. Not only were wizards wiped from the face of the
- earth, but the way they viewed life was also removed. You see, a wizard
- was a jack-of-all-trades. The wizards believed that everything was
- interrelated. Physics was actually related to Philosophy, and Alchemy was
- a form of religion. So, the wizards studied everything possible so as to
- see how the ideas interrelate. (Sort of a twisted Unified Field Theory).
-
- There was also another reason why wizards tried to master everything. This
- was because they could not come together and form a wizards guild. They
- were not liked or trusted by society since they had access to information
- that society did not. If they had come together they would have been wiped
- from the face of the earth. Yes, I lied. In the previous paragraph I said
- that wizards no longer existed. The fact is that they do and always will.
- A wizard is a person who believes everything is interrelated and attempts
- to find the interrelation and control his universe by it. One such branch
- of wizardry is known as the Computer Underground. (To read about a real
- wizard who lived in ancient times, pick up John Dee by Peter French. You
- will see everything I have said is true).
-
- So, what can we modern-day mages learn from the wise wizards of yesteryear?
-
- --------------------
- | Atomic Particles |
- --------------------
-
- The worst thing the underground could do now is organize on a mass level.
- Our strength is to be found in that we are a mass of atomic entities
- operating against a concerted effort. The attacks on the Underground by
- the witch-hunters may smash a few individuals here and there, but the
- overall body lives on. Just as the United States Army failed to fight
- effectively against a dispersed phantom force like the Vietnamese, so too
- will the onslaught fail against a patternless weaving of hackers. What the
- opposition is trying to do is like trying to shoot gnats with a shotgun.
- As long as the Underground remains dispersed and loosely organized, there
- is no way they can search out and destroy the entire bunch of us. If we
- band together, then, of course, they have a much larger target.
-
- ----------------------
- | As Above, So Below |
- ----------------------
-
- The Underground is shaped by the events that occur in the "real" world.
- If Company ABC gives a grant to University XYZ to add a node to the Net,
- then the Underground is expanded. If there are laws passed banning
- cross-state telecommunications, then the Underground is diminished. The
- topics of discussion in the Underground are also determined by "real"
- world events. For this reason, the battle must be fought in the "real"
- world and in the "real" world alone. The only way to conclusively affect
- the existence of the Underground is to affect society. This means to
- affect society in the Courts, Congress, and Senate. There are already
- legitimate and capable vehicles for doing so: the EFF, for example.
- These organizations need your support. Support them, but as citizens of
- the United States, and not as hackers. The only way to decisively defeat
- our opponents is to defeat them in their own lairs, and by using their
- means.
-
- To win the fight to get the Constitution to protect the rights of the
- computer user, we must fight intelligently, morally, and ethically. We
- must not succumb to the temptation to use terrorist tactics in order to
- extort rights from the opposition. To do so would just anger potential
- supporters. To do so would be to lower ourselves to the level of our
- antagonists. We must fight with honor, with dignity, and with tenacity.
-
- -----------------------------------------------
- | Of the Bloody Sacrifice and Matters Cognate |
- -----------------------------------------------
-
- We have lost a few valuable members during the Computer Revolution. We
- should not let their "deaths" be in vain. Let us learn from their mistakes
- in order to better ourselves. One example is security hacking. Yeah, it's
- fun. Yeah, it's better than the last Zork (tm Infocom, Inc.) game that
- came out. But it's illegal. It gives the Underground a bad name. It
- causes problems, and things get real ugly real fast. Way back when
- security hacking first started, there were no problems since no one caused
- any real trouble. Then came the few idiots who tried such things as
- mercenary work, extortion, and a couple of other assorted nasty dealings
- that caused corporations to RIGHTFULLY fear and dislike hackers. We caused
- the problem ourselves. The blame cannot be laid on people who are trying
- to protect their own property.
-
- I am therefore asking that we all cease and desist from hacking into
- private computers from this point on. There are plenty of things we can do
- without inciting death threats from telephone companies. Why not set up
- our own networks? A decent Unix system can be built for under $8,000. If
- we can get a bunch of people together to donate some money (hey, you big
- businesses, here's a hint!), then we can have our own "playground" so that
- the "adults" won't be bothered by us snot-nosed (Cyber)punks. Slap
- together a couple of nodes, and we can send worms and hack all we want
- LEGALLY.
-
- Again, there are other methods that can be used to gain the free flow of
- information than illegal system entry. Laws could be passed that require
- detailed descriptions of systems to be made public if the use of those
- systems directly affects the public. An example is the infamous 911 info.
- The 911 system is paid for by the public, services the public, and the
- public is now dependent on it. Yet, the public knows nothing about it.
- Does it make sense that something upon which human lives depend should be
- classified as a "trade secret"? Should not the public be made aware of its
- limitations so as to know whether it is feasible? This obviously does not
- require disclosure of the source code, but it does require the disclosure
- of specifications, limitations, testing data, and all instances of failure.
- It would also require the general algorithm so as to prove the value of the
- method.
-
- The whole point of this section is that the day of the security hacker is
- dead along with that of the Blue Boxer. Let them lie peacefully. We can
- still hack code, transfer messages across the country, access tons of
- information, and many other things. Is it worth risking that in order to
- get into some TSO system?
-
- ---------------------
- | Forbidden Secrets |
- ---------------------
-
- The final icing on the cake is the fact that the people persecuting the
- Underground are incompetent for the task at hand. After reading the SJG
- affidavit, I am positive that they are excellent purveyors of law
- enforcement, but don't know beans about computers. The belief that Kermit
- was some type of illegal information is, obviously, ridiculous. When all
- of this explodes, it is they who will have egg on their faces, and not we.
- While doing research on the events, I came across a statement by someone in
- law enforcement who said that when the results of Operation Sundevil are
- made public, Mitch Kapor will be embarrassed since he is defending common
- criminals. No, in reality I think it is they who will be embarrassed. They
- are the ones who destroyed private property and valuable data. They are
- the ones who destroyed lives and businesses with incompetence, not hackers.
-
- --------------------
- | And finally..... |
- --------------------
-
- To sum up: Stay dispersed and unorganized. Help out the EFF. Fight for
- your rights using legal means in court. Don't hack security, but start
- building public access systems. Expose the truth every chance you get.
-
- My next article will once again deal with security issues in general.
- Specifically, I will begin talking about the problem of copyrighting and
- patenting things other than source code.
-
- Keep up the faith, people. We can't lose. I chose the handle The Dark
- Adept because I believe that out of darkness comes light. Out of the
- darkness of lies and oppression comes the light of truth and freedom. One
- just needs to be Adept enough to catalyze the reaction.
-
- So, as always, I remain....
-
- The Dark Adept 11/26/90, Chicago, IL
- E-Mail: Ripco BBS (312)-528-5020
-
-
- ********************************************************************
-
- ------------------------------
-
- **END OF CuD #2.15**
- ********************************************************************
-
-