home *** CD-ROM | disk | FTP | other *** search
-
-
- ****************************************************************************
- >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 3, Issue #3.02 (Janury 16, 1991) **
- ** SPECIAL ISSUE: SECRET SERVICE STING BOARD AND INFORMANT **
- ****************************************************************************
-
- MODERATORS: Jim Thomas (this issues)
- (Gordon Meyer on temporary re-location hiatus)
-
- USENET readers can currently receive CuD as alt.society.cu-digest.
- Anonymous ftp sites: (1) ftp.cs.widener.edu (2) cudarch@chsun1.uchicago.edu
- E-mail server: archive-server@chsun1.uchicago.edu.
-
- 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.
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- In Liam O'Flaherty's 1925 novel "The Informer," Gypo Nolan betrays a friend
- to the police for 20 pounds. Few of the characters are particularly noble
- or sympathetic, but O'Flaherty manages to show the complexity of human
- frailty, moral quandry, brutality and compassion, as Gypo ultimately dies a
- pathetic death seeking redemption for his betrayal.
-
- Only with sadness do we present this first of several special issues on
- federally created and rewarded betrayal, deceit, and informants in the CU.
- We draw here from several public documents, including the seizure warrant
- served on RIPCO BBS. We also use phone logs that we and others have
- collected, copies of telephone bills and logs that corroborate certain
- numbers, eye witness accounts, interviews, and other information that
- establishes beyond doubt that the U.S. Secret Service, in cooperation with
- the Arizona State's Attorney's Office, used a PAID INFORMANT to establish a
- sting board and to capture message logs from a variety of BBSs and turn
- them over to state and federal agents.
-
- The primary hard evidence for establishing both the existence and the
- identity of the informant was obtained by Glen Roberts, the publisher of
- FULL DISCLOSURE, an interesting hard-copy magazine, and Bill Vajk, a
- freelance writer and researcher who is active on the nets.
- The full text should be on the CuD archive/ftp sites in a few
- weeks.
-
- As those who have been following the Dr. RIPCO saga recall, the warrant
- authorizing the search and seizure of his equipment was sealed, and the
- best efforts of attorneys and others failed to obtain a copy by requesting
- it through official channels. Delays, denials, confusion, and apparent
- misinformation seemed to stymie all formal requests. So, Bill and Glen took
- the case number (90-M-187), trucked on down to the federal court on S.
- Dearborn in Chicago, and went to work. They requested several case files
- adjacent to the desired one (90-M-186, 90-M-188, etc) on the assumption
- that the precise one they sought was likely to be among them. It was. So,
- they plunked their coins into the zerox machine, duplicated the documents,
- and shared them with the world.
-
- For those who have not yet seen it, FULL DISCLOSURE is a newspaper that
- covers topics that are not regularly covered in detail in the general
- media. A significant focus is on privacy, electronic surveillance, and
- related topics. Articles include coverage of the National Technical
- Investigators Association annual conference, the latest in video
- surveillance equipment, the JBR tape recorder and much more.
-
- A sample issue is available free, or subscriptions are $18 for 12 issues.
- FULL DISCLOSURE, Box 903-C, Libertyville, Illinois 60048.
-
- In coming issues, FULL DISCLOSURE will include stories on the government's
- paranoia in the RIPCO case, as reflect in the seizure warrant (available
- ftp in about 7-10 days). CuD will focus primarily on the ethical,
- ideological, and other implications of creating a paid informant class for
- crimes that, while unacceptable, are arguably far "cleaner" than officially
- purchased deception.
-
- ***************************************************************
- ** TRACING THE STINGBOARD: THE DICTATOR AND THE DARK SIDE **
- ************************************************
-
- In piecing the public information available on the Secret Service documents
- together with other sources, the Secret Service STING BBS, if the number
- they provide is correct, accessed THE DARK SIDE in Phoenix, Arizona. A
- self-proclaimed "hacker" known as THE DICTATOR identified himself publicly
- as the sysop of the Dark Side. The Dictator introduced himself to others as
- %name deleted% or as "%deleted%," and responded to "%deleted%" in various
- forms of Electronic mail. The search affidavit signed by Special Agent G.
- Kirt Lawson of the Secret Service (header indicating Maricopa County)
- acknowledges several facts:
-
- 1. The U.S. Secret Service, in response to complaints of telephone
- fraud, initiated an investigation into access abuses. The investigation
- described in this document specified the rationale for searching/seizing
- RIPCO BBS. The raid occured on May 8, 1990 in concert with other raids
- across the country. The Secret Service announced to the media through
- press conferences and releases that it was OPERATION SUN DEVIL.
-
- 2. The Secret Service, working out of Phoenix, established an undercover
- BBS in Sept., 1988. The sysop was a "VOLUNTEER PAID CONFIDENTIAL
- INFORMANT."
-
- 3. The informant was providing information *BOTH* to the Secret Service and
- the Arizona Attorney General's office at least in 1989 and 1990, and the
- Secret Service participated in STATE searchs.
-
- 4. The code number and address of the informant is provided, and he is
- linked directly to the number of the BBS identified in the document as the
- undercover sting board.
-
- 5. The Informant provided information taken from logs, conversations, and
- other sources to the Secret Service.
-
- The following sections of the affidavit detail this more fully: The CuD
- crew did not type in this version of the documents, and there may be
- typographical or other minor errors. We reproduce it here as we received
- it.
-
- +++++++++++++BEGIN SECTIONS OF AFFIDAVIT++++++++++++++++++++
-
- BACKGROUND OF THE INVESTIGATION
-
- 14. Over the past several years, the U.S. Secret Service has received
- and increasing number of complaints from long distance carriers, credit
- card companies, credit reporting bureaus, and other victims of crimes
- committed by computer hackers, phone phreaks, and computer bulletin board
- users and operators (see Definitions section), which have resulted in
- substantial financial losses and business disruption to the victims.
- Because the persons committing these crimes use aliases or "handles", mail
- drops under false names, and other means to disguise themselves, they have
- been extremely difficult to catch. They also conspire with many others to
- exchange information such as stolen long distance carrier authorization
- codes, credit card numbers, and technical information relating to the
- unauthorized invasion of computer systems and voice mail messaging
- computers, often across state or national borders, making the
- investigation of a typical conspiracy extremely complex. Many of these
- persons are juveniles or young adults, associate electronically only with
- others they trust or who have "proven" themselves by committing crimes in
- order to gain the trust of the group, and use characteristic "hacker
- jargon." By storing and trading information through a network of BBS's,
- the hackers increase the number of individuals attacking or defrauding a
- particular victim, and therefore increase the financial loss suffered by
- the victim.
-
- 15. For all of the above reasons, the U.S. Secret Service established
- a computer crime investigation project in the Phoenix field office,
- utilizing an undercover computer bulletin board. The purpose of the
- undercover BBS was to provide a medium of communication for persons
- engaged in criminal offenses to exchange information with each other and
- with the sysop (CI 404-235) about their criminal activities. The bulletin
- board began operating on September 1, 1988 at 11:11 p.p., Mountain
- Standard Time, was located at 11459 No. 28th Drive, Apt. 2131, Phoenix,
- Arizona, and was accessed through telephone number (602) 789-9269. It was
- originally installed on a Commodore personal computer, but on January 13,
- 1989 was reconfigured to operate on an Amiga 2000 personal computer.
-
- 16. The system was operated by CI 404-235, a volunteer paid
- confidential informant to the U.S. Secret Service. CI 404-235 was facing
- no criminal charges. Over the past eighteen months, information by CI
- 404-235 (see paragraph 16) has consistently proved to be accurate and
- reliable. The Arizona Attorney General's office executed six search
- warrants related to affiant's investigation in 1989 and 1990 (affiant
- participated in three of these). Evidence obtained in those searches
- corroborated information previously given to affiant or to George Mehnert,
- Special Agent of the Arizona Attorney General's office by CI 404-235. In
- over a dozen instances, CI 404-235's information was verified through
- other independent sources, or in interviews with suspects, or by means of
- a dialed number recorder (pen register). One arrest in New York has been
- made as a result of CI 404-235's warning of planned burglary which did
- occur at a NYNEX (New York regional Bell operating company) office.
- Throughout this investigation, CI 404-235 has documented the information
- provided to the affiant by means of computer printouts obtained from the
- undercover BBS and from suspect systems, and consensual tape recordings of
- voice conversations or voice-mail messages.
-
- 17. Because many of the criminal bulletin board systems require that
- a new person seeking access to the telephone code or credit card sections
- contribute stolen card information to demonstrate "good faith," when asked
- to do so, CI 404-235 has "posted," (left on the system in a message)
- Sprint, MidAmerican or ComSystems authorization codes given to affiant by
- investigators at these companies for that purpose.
-
- +++++++++++++++++++END SECTIONS OF AFFIDAVIT+++++++++++++++++
-
- Drawing from the above information, the following suggests that The Dark
- Side, The Dictator, and a person identifying as %name deleted% are the sting
- board, the sysop, and the informant, respectively.
-
- 1. We have obtained telephone billings and computer telephone logs for
- December, 1988 and through mid-1989 indicating that when one called (602)
- 789-9269, The Dark Side BBS was accessed. This suggests that the sting number
- and The Dark Side were one and the same.
-
- 2. A person identifying himself as "The Dictator" called a number
- of boards in 1988-1990 (among them The Central Office, The
- Phoenix Project, Hackers' Den, Ripco, and others) and through 1990
- continued to call such boards as Atlantis, Ripco, Face-to-Face,
- BlitzKrieg, and others. In public and private messages on these
- boards, The Dictator would typically include in his signature
- both his name and his association with The Dark Side BBS:
-
- ++++ BEGIN EXAMPLE HERE +++++
-
- From ->THE DICTATOR (#156)
- Date ->01/12/90 11:08:00 PM
-
- Hey %name deleted%...whats up?
-
- Ask KL to give me a call and let me in on the details, (602-225-8581), or he
- can leave me mail on Jolnet. I'd rather him call me, instead of having that
- message pass through the Jolnet system.
-
- Any ways... Ifits in Louie again this year, Im sure I can make it...let him
- know..thanks.
-
-
- The Dictator
- The Dark Side BBS
-
- +++++++++++End Example ++++++++++++++
-
- The reference to "Louie" is to summercon.
- The telephone number listed above was left on a public BBS (in a different
- message) in the general message section by The Dictator in a public request
- for another user to call him. It is also the number that others have given
- us independently as one he gave them for voice contact. Hence, the number
- appears directly and unequivocally linked to The Dictator. Attempts to
- contact him through that number, however, reach a machine, and the person
- who responds to that machine has, for several months, refused to return
- calls collect or otherwise.
-
- Even after allegations of his apparent role in the video tapes of Summercon
- '88 surfaced, the dictator made no effort to hide his connection to The
- Dark Side. He left the following in response to several callers bickering
- among themselves over a Chicago BBS also known as "The Dark Side." He makes
- it clear the two are separate entities:
-
- ++++ BEGIN EXAMPLE HERE +++++
-
- %logged circa Sept 25, 1990%
-
- From: THE DICTATOR Read: 27 times [1 Reply]
-
- Subject: The Dark Side
-
- What area code is "The Dark Side BBS" that you two are refering to? That
- isnt the old "Dark Side Of The Moon" BBS is it? Just curious. I used to
- run The Dark Side in 602, and its just a bit odd seeing the name pop up
- with someone else as the SYSOP.. heheh
-
- The Dictator
- /s
- shit
-
- +++++++++++End Example ++++++++++++++
-
- The Dictator of The Dark Side and the above messages as also linked to the
- Secret Service informant by the nature of the logs he provided to them. We
- will continue to provide details of the substance of the documents in
- coming issues. However, messages printed in the Secret Service document
- allude to private e-mail sent to "CI 404-235," and these can be traced to
- The Dictator as the recipient by examining existing e-mail logs retained or
- acquired by others.
-
- The Craig Neidorf trial led to the revelation that the Secret Service had
- video-taped parts of Summercon '88 in St. Louis surrepticiously. One
- participant at Summercon who also viewed the tapes indicated that the tape
- captured the events in The Dictator's room from an adjoining room. If
- true, it indicated that advance cooperation and preparation were necessary
- between the participant-informant and the tapers.
-
- Why is it necessary to reveal the identity of the informant? We value
- privacy and we have no wish to embarrass those who may be coerced into
- performing unnatural acts for the government. However, if the Secret
- Service are correct, their informant was a willing volunteer who was paid
- for his services. Those who find betraying alike the innocent and guilty
- indiscriminantly for monetary gain are as ethically bankrupt as those who
- buy the service. Our abridged dictionary doesn't contain the term for those
- who get paid for performing unnatural acts, but it will come to us
- eventually.
-
- The informant was on a number of boards, and because he reported *FOR
- MONETARY GAIN*, we cannot be sure how many innocent people had their logs
- passed on, how these logs may have been edited or interpreted by law
- enforcement, or what uses were made of the information once acquired. The
- strangely creative interpretations and cavalier disregard of "reality" by
- federal prosecutors and some Secret Service agents are too troublesome to
- allow presumption of good-faith use. We STRONGLY URGE all persons who have
- been or currently are on a board with The Dictator to search their logs and
- consider filing a Freedom of Information Act request (see concluding file).
-
- ********************************************************************
- ** THE DARK SIDE BBS: A SNAPSHOT **
- ********************************************************************
-
- For those who wonder what kind of board The Dark Side was, it appears from
- reports and logs and other sources that it was not well maintained, had 8
- message bases with few messages, and the discussion was fairly general:
-
- +++++++++++++++++++++++++++
-
- From: <deleted>
- Subject: The Dark Side BBS Log-In Screen
- Date: Sat, 12 Jan 91 14:19:25 EST
-
- Is this helpful? It was captured in March of '89. I think there were 8
- message sections, but the only ones of any interest were 1 (general), 2
- (security) and 3 (Da Elites). There were a couple of funny things about the
- board. It seemed to be up and down a lot, and the sysop never seemed to
- know how to run it. He was always having problems with the simplest things.
- He was defensive and always seemed worried about narcs. He didn't have many
- elite users and the ones listed didn't contribute. There weren't many new
- messages whenever I checked, and from the logs I'm sending, I only counted
- less than 10 posters over a two week period. Really lame. Guess the rest of
- us just logged on and logged off. There was a rumor he was busted in
- Arizona and turned informant and that he was living next to the
- secret service in summercon '88. Oh. I didn't edit anything out, so please
- take out the names if you use this. To make it official, I got this off The
- Dark Side BBS at telephone number 602-789-9269 in March of 1989.
- I swear it's all true and virgin and blah blah blah.
-
- ----begin Dark Side capture---
-
- ** 300/1200/2400 Baud **
-
- You are now connected to
- The Dark Side BBS
-
- The Information Capital Of
- The World!
-
-
- SYSOP - The Dictator
-
- Disclaimer :
- Any unauthorized access attempts may constitute a
- violation of 1986 federal computer crime laws,
- punishable by both civil and criminal remedies.
- The information made available on this BBS is
- for informational and educational uses only. I
- am not responsible for any misuse or criminal acts
- from this information. It is the responsibility
- solely by the user and we assume no liability for
- any actions of the user.
- With use of system password you hereby agree to
- the terms of this contract and shall be held liable
- for any misuse of said contained information and may
- expose you to both civil and criminal penalties under
- law.
- Any unauthorized or misuse of valid logon and
- passwords constitute both civil and criminal violations,
- punishable under law.
-
-
-
-
-
-
-
- Your name: xxxxxx
- Password: #####
-
- You are caller #xxx
- Logged at xx:xx xx on xx-Mar-89
-
- Last call : xx-xx-89
- Access : xxxxxxxxxxxxx
- Privilege : 10
- Time limit: 60
- D/U ratio : Disabled
- High msg : xxx
- Calls : xx
- Messages : xx
- Downloads : x
- Uploads : xx
-
- Checking for messages...
-
- (identifying msgs deleted)
-
- These message(s) have been
- marked for your retrieval
-
- System contains xxx msgs (1-2xx)
-
- Remember:
- That the SYSOP, (Thats me), has the right to review everything on
- this system! I like the idea of covering my butt in all cases...
- If you dont agree with the idea of my reviewing everything then
- you should hang up now. If you do agree with this, then at the
- next prompt, type 'Y'.
- N:No; Hang up
- Y:I agree with the terms
-
- Do You Agree With The Terms Of The Disclaimer? <Y/N> y
-
- 13-Mar-89 02:01 AM
- Subj: PAY ATTENTION!
- From: Sysop
- To: All
-
- Ok guys and gals...listen up..
-
- Ive been informed that there is a strong possiblility that The Sorcer (sp) who
- runs the code line is a narc. This has not been confirmed, but it has not
- been denied. Please beaware of it and be careful.
-
- There have been a few busts recently, so be aware of your surroundings and be
- careful of everything your doing..ok, guys? Perhaps you will respect my
- security measures here on the system. Id like to think that we can all trust
- each other here..if you have any questions, suggestions, comments, ect...let
- me know.
-
- Thanks guys. Take care. Let me know what you know so we can stay one step
- ahead of the competition. (grin)
- (REply Quit ?):
-
- ---End of intro to DARK SIDE BBS---
-
- %moderators' comment: We agree there is a style to the sysop's
- participation that seems probing. It is always possible that his
- supervisors provided him with questions or other strategies to begin
- various types of discussions or to lead topics in a particular direction.
- As we obtain more logs, we will look for patterns.
-
- ******************************************************************
- ** A RE-EXAMINATION OF THE SECRET SERVICE "STING BOARD" CLAIMS **
- ******************************************************************
- In CuD 1.18 (file 5), we reprinted the response from the Secret Service,
- signed by John R. Simpson, Director, to Rep. Don Edwards (Chair of the
- House Subcommitee on Civil and Constitutional Rights), dated April 30,
- 1990. Mr. Edwards submitted a list of questions to the SS asking about
- surveillance of BBSs. Parts of it seem especially relevant to the issue of
- informants.
-
- ++++++++++++++++++++++++++++++++++++++++++++
-
- DEPARTMENT OF TREASURY
- UNITED STATES SECRET SERVICE
- WASHINGTON, DC 20223
- APR 30 1990
-
- The Honorable Don Edwards
- Chairman
- Subcommittee on Civil and Constitutional Rights
- Committee on the Judiciary
- House of Representatives
- Washington, D.C. 20515
-
- Dear Mr. Chairman:
-
- Thank you for your letter of April 3, 1990, concerning your
- committee's interest in computer fraud. We welcome the
- opportunity to discuss this issue with your committee and I
- hope the following responses adequately answer your
- questions.
-
- %First question and response omitted--see CuD 1.18 File #5%
-
- Question 2:
-
- Has the Secret Service ever monitored any computer bulletin
- boards or networks? Please describe the procedures for
- initiating such monitoring, and list those computer bulletin
- boards or networks monitored by the Secret Service since
- January 1988.
-
- Response:
-
- Yes, we have occasionally monitored computer bulletin boards.
- The monitoring occurred after we received complaints
- concerning criminal activity on a particular computer bulletin
- board. The computer bulletin boards were monitored as part of
- an official investigation and in accordance with the directives
- of the Electronic Communications Privacy Act of 1986 (Title
- 18 USC 2510)
-
- The procedures used to monitor computer bulletin boards
- during an official investigation have involved either the use of
- an informant (under the direct supervision of the investigating
- agent) or an agent operating in an undercover capacity. In
- either case, the informant or agent had received authorization
- from the computer bulletin board's owner/operator to access
- the system.
-
- We do not keep records of the bulletin boards which we have
- monitored but can provide information concerning a particular
- board if we are given the name of the board.
-
- %Question 3 omitted%
- Question 4:
-
- Has the Secret Service or someone acting under its direction
- ever created a computer bulletin board or network that was
- offered to the public? Please describe any such bulletin board
- or networks.
-
- Response:
-
- No, the U. S. Secret Service has not created a computer bulletin
- board nor a network which was offered to members of the
- public. We have created an undercover bulletin board which
- was offered to a select number of individuals who had
- demonstrated an interest in conducting criminal activities.
- This was done with the guidance of the U.S. Attorney's office
- and was consistent with the Electronic Communications
- Privacy Act.
-
- %Question 5 omitted%
-
- (end Secret Service Response)
-
- +++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- The SS response refers to only a single sting/undercover board, and because
- the identify of the Dark Side was revealed as a sting board by the SS, we
- conclude that the board referred to below and The Dark Side are the same.
- We also suggest that this response is less than forthcoming, perhaps even
- deceptive, for at least two reasons:
-
- 1. Prosecutors can nitpick over legal nuances of the meaning of the
- following:
-
- "The procedures used to monitor computer bulletin boards during
- an official investigation have involved either the use of an
- informant (under the direct supervision of the investigating
- agent) or an agent operating in an undercover capacity. In
- either case, the informant or agent had received authorization
- from the computer bulletin board's owner/operator to access the
- system."
-
- To mere layfolk unlettered in law, the language implies that the sysop of a
- surveilled system allowed access with knowledge that the surveillor was an
- agent or informant. If a sysop does not know that he/she has given access
- to a potential agitator or provocateur, then the spirit of the law seems
- compromised. According to Dr Ripco, some users in the past did identify
- themselves as affiliated with law enforcement. The Dictator was not one of
- these.
-
- A second claim in the SS response is less ambiguous. The Director writes:
-
- "No, the U. S. Secret Service has not created a computer bulletin
- board nor a network which was offered to members of the public.
- We have created an undercover bulletin board which was offered
- to a select number of individuals who had demonstrated an
- interest in conducting criminal activities. This was done with
- the guidance of the U.S. Attorney's office and was consistent
- with the Electronic Communications Privacy Act."
-
- Now, we could quibble about what constitutes the "general public." But this
- statement by The Director of the Secret Service does not correspond to
- several facts. First, and most offensive, is the claim that The Dark Side
- "AS OFFERED TO A SELECT GROUP OF INDIVIDUALS WHO HAD DEMONSTRATED AN
- INTEREST IN CONDUCTING CRIMINAL ACTIVITIES." This is simply not true! The
- Dark Side was explicitly advertised on other quasi-public boards, including
- The Central Office, and was found in the BBS lists of other boards. In
- PHRACK #20 (file 12), there is a two line advertisement reading: "The
- Dictator is looking for users to call his bulletin board," and it provides
- the number as (602) 789-9269. The Dictator also left the following message
- on The Phoenix Project (which, despite it's reputation was open and readily
- accessible):
-
- --Begin Phoenix Project Message---
- >
- >13/100: the dark side
- >Name: The Dictator #115
- >Date: 10:42 pm Fri Nov 04, 1988
- >
- >attention:
- > the dark side bbs is up and running...any user that wishes to become
- >a part of history...please call..this is yet another hard working system
- >that wishes to make its mark in computer history.
- >
- > give us a call..
- >
- > the dictator
- >
- >dark side bbs 602-789-9864
- >
- >summer con '88 members given imddiate access
-
- The number given is different from the one later identified in SS
- documents as the sting board number. Perhaps it was typo, or perhaps
- it was and it was presumably changed shortly after this message was
- left. An anonymous sysop of a board in the Midwest told CuD that the
- Dictator personally left the number of The Dark Side on the BBS, and
- recalls at least one public message in which The Dictator left a
- public message requesting people call it. This BBS in question was a
- quasi-open board in that--as most boards, including public ones--after
- a preliminary log-in, virtually everybody who seemed "non-loony" was
- validated. The point is that The Dictator was ACTIVELY SOLICITING
- CALLERS OPENLY, and not simply inviting a "select few" to call the
- board who "demonstrated an interest in conducting criminal
- activities." One user who documents participation on The Dark Side
- from shortly after it's inception states that The Dictator encouraged
- him to tell his friends to call The Dark Side and, at one time shortly
- after it "went up after being down" actually "seemed desperate for new
- users."
-
- According to information from several DARK SIDE users and logs they have
- provided from The Dictator on his own system and on others, The Dictator
- took an active role in generating message topics. According to one source,
- The Dictator would rarely provide information, but would attempt to generate
- seemingly innocent topics that might, in retrospect, provide the kind of
- "documentary evidence" (especially if take out of context) that could lead
- to suspicion or to searches. The following were provided as examples of
- "typical" ways that a discussion topic might be generated. We observed
- from the responses to these notes (that we deleted), that the innocent
- question would elicit a technical or potentially incriminating answer of
- the type used prejudicially in the sentencing memorandum of the Atlanta
- Three, or of the type used to justify the raid on Steve Jackson Games. The
- lesson we take from the following is that the Secret Service, through the
- use of an informant, seems to have *ELICITED* statements that could be used
- as evidence.
-
- ++++ BEGIN SELECTED SYSOP QUOTES FROM 1989 +++++
-
-
- Msg: #192 Sec: 7 - Security
- 24-Feb-89 10:13 PM
- Subj: ATTENTION
- From: Sysop
- To: All
-
- Ok guys...heres the scoop...
-
- Since the incarsaration of one AZ KID, The Dark Side BBS has engaged PARANIOA
- MODE..
-
- If you didnt read in the previous post, the AZ KID was served with a search
- warrent a few days ago for some local and otherwise federal phreaking.
-
- This board will remain in paranioa mode until the developments of the AZ KID
- come into play. Lets just say that there are a few things that the AZ KID
- could suggest that would/could be hazardous to this boards health. SO, please
- keep the posts to a .... ahem .... legal sence.
-
- Thank you...
-
- As updates to this situation come into play, you will be updated. For those
- of you who may have experience in these circumstances, please leave me
- mail...as much info that I can gather in this pressing situation the more I
- can help my upcoming ulcer.
-
- Thanks
-
- <Grin>
-
-
- Msg: #251 Sec: 1 - General
- 09-Mar-89 02:06 AM
- Subj: Ok Now what
- From: Sysop
- To: All
-
- Ok people...
-
- Suggestion time. Im looking for a few trustworthy people that want to help me
- out with the system to help it grow... I need as many suggestions as possible.
- We have really been growing in the past couple of weeks, and I am gaing
- multiple sources of info to boost the integrity of this system.
-
- Help me out here people, I cant do it on my own...Leave me E-Mail
-
- TD
-
-
- Msg: #248 Sec: 8 - Da Elites
- 09-Mar-89 01:53 AM
- Subj: #243 - divertors
- From: Sysop
- To: (Name Deleted)
-
- Interesting concept!
- However, I am not too familair with divertors...There are a lot of concepts
- I understand and what not, however...lemme see if I can put this into words...
-
- What about open divertors? It is true that divertors work like call
- forwarding, however, is it theoridcally (sp) possible to find an open divertor
- and have it dial your line?
-
- In high school just for the fun of it, we bought a DTMF chip from our
- local Rat Shack store and basically built a call forwarding system that we
- could attach to any ones line (if need be) to then have the DTMF chip call to
- any number needed.
-
- It worked well...primitive, but well...
-
- TD
-
-
- Msg: #247 Sec: 1 - General
- 09-Mar-89 01:48 AM
- Subj: #244 - alala
- From: Sysop
- To: (Name deleted)
-
- Who makes the most popular PBX system?
-
- The reason for asking is for curiosity sake. There are a lot of different
- features within a PBX.....
- , TD
-
-
- Msg: #235 Sec: 8 - Da Elites
- 06-Mar-89 05:18 PM
- Subj: Radius's (R)
- From: Sysop
- To: all
-
- What can anyone tell us about radius's? This is a subject area that I admitt
- I am no good at!
-
- TD
-
-
- Msg: #234 Sec: 8 - Da Elites
- 06-Mar-89 05:17 PM
- Subj: divertors (R)
- From: Sysop
- To: all
-
- What can any one tell us about diverters??
-
- Discussion time!
-
- Reply(s) #243
-
-
-
- Msg: #228 Sec: 7 - Security
- 06-Mar-89 12:36 AM
- Subj: Ummmmm
- From: Sysop
- To: All
-
- Ok guys...lemme ask a general question here that seems to have me a bit
- confused...
-
- About a week or so ago, AZ KID had a search warrent served on his house, and
- they took in possession several tapes, tape player, ect, ect.. However, he
- has not been arrested or charged with ANY kind of a crime. He still does not
- have his confiscated equipment back, so I am thinking that they think they
- have something on him...
-
- My question is, should he be charged by now?? Its got me a bit concerned. I
- thought usually they would have charged him with a crime, or let it go by
- now....Unless of course he "plea bargined"...
- I dont know..Ive talked to him, but he "doesnt know whats going on"
-
- So...What do you guys think,eh??
-
-
-
- Msg: #227 Sec: 7 - Security
- 05-Mar-89 01:38 AM
- Subj: CNA (R)
- From: Sysop
- To: All
-
- We all know that CNA gives you the Customer Name and Address if you have the
- number, is there a department that has the Number if you have the Name, or
- address, or something of that sort???
-
- TD
-
-
- Msg: #225 Sec: 1 - General
- 05-Mar-89 01:34 AM
- Subj: #211 - Text files
- From: Sysop
- To: (Name deleted)
-
- Any kind of text file that you see fit to better this system. Its the users
- that make the system. This BBS will work on a diplomatic system. (And Ill
- have thelast word..har har har)
-
- Once youve been voice validated, Im sure youll understand what text files will
- be benificail to this system
-
- TD
-
- +++ END SYSOP QUOTES +++
-
- The tenor and content of these and other messages by the sysop suggest that
- the SS's operative was not passive or particularly selective, and may have
- generated the kinds of evidence for which he was being paid by his leading
- questions. If The Dictator was indeed operating under the "direct
- supervision" of a field investigator, then it would seem that the SS knew
- full well that the information it supplied to Rep. Edwards was, at best,
- misleading: Recruiting users was for The Dark Side was hardly "selective,"
- but quite open, and those who called stood a chance of being drawn into
- discussion initiated by the sysop, a paid informant of the secret service,
- who turned the logged files over to them.
-
- It would seem that either the SS has little control over its operatives
- (which suggests incompetency) or that it knows full well what its
- operatives do and choses to redefine reality in self-serving ways. Either
- way, the responses by the SS to Rep. Edwards should be re-examined and
- those who were involved in the undercover investigation held accountable.
-
- ********************************************************
- ** WHAT'S THE POINT? **
- ********************************************************
-
- When the federal government uses *paid* informants, nobody wins.
- Officially sanctioned deception and betrayal, as Gary Marx argued in his
- book "Undercover: Police Surveillance in America," is generally far more
- detrimental to public order in the long run than whatever "crimes" the
- deception targets.
-
- When federal agencies set up sting boards and use informants to gather,
- even generate, diverse information that is in turn given to agents as
- potential "evidence" of wrong doing, there can be problems. In the 1960s
- and 1970s, we have seen through various class action suits, congressional
- hearings, FOIA requests, and other inquiries, how abuse of information by
- those who collected it resulted in lost employment opportunities and other
- uncool consequences. In the past year, we have also seen the misuse of
- information in indictments, sentencing memorandums, and especially in
- several search affidavits and seizure warrants.
-
- Most of us are concerned if agencies collect information on us against our
- knowledge, because the potential for harm can be subtle. Many readers of
- CuD have called a variety of bulletin boards considerated to be
- "underground." When an agency such as the Secret Service sets up a STING
- board and PAYS an informant to capture logs, those of us who call these
- boards have reason to be concerned with how our **LEGAL, LEGITIMATE** posts
- may be interpreted and used by agents. When we recall that one sysop was
- liked to a fraud conspiracy because of a two line comment that kermit is a
- 7-bit protocol used primarily on mainframes, our confidence in agents'
- interpretive competence diminishes.
-
- Our intent has not been to embarrass The Dictator. If it were, we would
- include the name he uses when socializing with others.
-
- IT WOULD ALSO BE TOTALLY REPREHENSIBLE IF OTHERS WERE TO ENGAGE IN
- HARASSMENT OR OTHER RESPONSE AGAINST HIM! The CU has increasingly been
- united by principles of justice, and to engage in unjust acts because we
- feel others have done the same to us violates those principles we are
- working toward.
-
- Calls to the "voice number" The Dictator has left on at least one public
- post on a public board, and given to others, have gone not received a
- response. Messages left to him on BBSs have also not generated contact. We
- continue to invite him to contact us and give his side of the story. There
- are generally shades of grey in even the darkest images, and if he contacts
- us we promise either a fair and impartial story, or, he can write his own
- version and we will publish it unedited.
-
- We also remind readers that the issue IS NOT an individual. At stake in
- all this is the issue of privacy and police power as we enter the 21st
- century. When laws cannot keep up with technology, the consequences may be
- ill-considered strategies for monitoring and punishing alleged wrong-doers.
- As Gary Marx reminds us in his book "Undercover" (p. 233):
-
- In a democratic society, covert police tactics, along
- with many of the other surveillance techniques, offer us a
- queasy ethical and moral paradox. The choice between anarchy
- and repression is not a happy one, wherever the balance is
- struck. We are caught on the horns of a moral dilemma. In
- Machiavelli's words: %Never% let any state ever believe that
- it can always adopt safe policies...we never try to escape
- one difficulty without running into another; but prudence
- consists in knowing how to recognize the nature of the
- difficulties and how to choose the least bad as good."
- Sometimes undercover tactics will be the least bad. Used
- with great care, they may be a necessary evil. The
- challenge is to prevent them from becoming an intolerable
- one.
-
-
- ********************************************************************
- **END OF CuD #3.02**
- ********************************************************************
-