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         **     PPPPP    I    RRRRR    AAAAA  TTTTT   EEEEE   ** 
         **     P  PP    I    R  RR    A   A    T     E       ** 
         **     PPP      I    RRR      AAAAA    T     EEEEE   ** 
         **     P        I    R  R     A   A    T     E       ** 
         **     P        I    R   R    A   A    T     EEEEE   ** 
         **keepin' the dream alive                            ** 
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                -=>   VOLUME 1, ISSUE 5, APRIL, 1990       <=- 
                                (File 1 of 11) 
  
                           **** WELCOME **** 
  
              To the fifth issue of -=* PIRATE *=-! 
  
                 >> SPECIAL ISSUE ON LEGION OF DOOM BUSTS << 
  
Special thanks for getting this issue out go to: 
  Chris Robin 
  Ellis Dea 
  Hatchet Molly 
  Jedi 
  Jim Richards 
  Pru Dohn 
  Several anonymous (by choice) contributors 
  Sherlock Ohms 
  The Legion of Doom 
  
Any comments, or if you want to contribute, most of us can 
be reached at one of the following boards: 
  BOOTLEGGER'S               >>> PIRATE HOME BOARD 
  RIPCO                      (Illinois) 
  SYCAMORE ELITE             (815-895-5573) 
  EURO-AM CONNECTION         (Illinois) 
  COMPANY OF WOLVES          (301-791-1595) 
  THE ROACH MOTEL            (California) 
  PACIFIC ALLIANCE           (818-280-5710) 
  THE CHIMERAN CONSPIRACY    (Minneapolist/St. Paul) 
  THE LIGHTNING SYSTEM       (414-363-4282) 
  
     +++++++++++++++++++++++++++++++++++++++++++++++++++++ 
  
Dedicated to sharing knowledge, gossip, information, and tips 
for warez hobbyists. 
  
                    ** CONTENTS THIS ISSUE ** 
  
File 1.  Introduction 
File 2.  Commentary (by Ellis Dea) 
File 3.  Proscutor Press Release of LoD indictment 
File 4.  Federal Indictment of LoD bust 
File 5.  What pheds did to The Mentor 
File 6.  Pheds Hassle Employers 
File 7.  Jolnet Story (part 1) 
File 8.  Jolnet Story (part 2) 
File 9.  E-Mail Counter suit 
File 10. Hackers Strike Back 
File 11. Phreaks and Hackers as Post-Modernists 
  
     ------------------------------------------------ 
  
                            ** ABOUT THIS ISSUE ** 
  
On February 6, 1990, a federal indictment came down in Chicago charging The 
Prophet and Knight Lightning (co-editor of PHRACK) with interstate 
transportation of stolen property, wire fraud, and violations of the federal 
Computer Fraud and Abuse Act of 1986 (See Title 18, United States Code, 
Section 1343, and Title 18, United States Code, Section 1030(a)(6)(A). 
Although the indictment specifies no hard information other than inuendo and 
rather spurious leaps of logic for the charges of attempted fraud and 
conspiracy, it does claim that E911 documents (a training manual) was taken 
from BellSouth's computer system. The Prophet is charged with obtaining the 
documents, and Knight Lightning is charged with receiving them and editing 
them for PHRACK. It seems KL's only "crime" is exercising his first amendment 
right to freedom of the press, because the indictment indicates that 
publishing information intended to sharpen certain types of computer skills 
should be considered a federal crime. 
  
In addition to TP and KL, other LoD members have been busted, harrassed, and 
have had their equipment, and the equipment of their employers confiscated, 
despite reliable information that no evidence of wrong-doing existed! 
  
The Legion of Doom (LoD) busts have implications for every body, even those 
who do not use computers. At stake are Constitutional rights of privacy and 
first amendment rights of free speech, publishing, and information sharing. 
The attempt to purge the world from those nasty computer underground 
participants has led to arrests, "investigations," seizure of property for 
evidence, and other "crimes" by law enforcement agents against computer owners 
and users whether implicated in an offence or not.  We find this trend to 
frightening that we devote this issue of PIRATE to the Legion of Doom busts 
and try to raise some of the issues that we see as important for 
**EVERYBODY**! 
  
What action can you take? Be careful not to violate the law, but DON'T BE 
AFRAID TO EXPRESS YOUR RIGHTS TO SHARE INFORMATION!  The "chilling effect" of 
supressing freedom of speech has led some sysops to avoid posting anything 
controversial. Even PIRATE has been deleted from some boards because the 
sysops are afraid of reprisals by the pheds, which can include confiscation of 
equipment and possible loss of income. You can help by uploading news 
articles, stories, or any other info to as many boards as possible to spread 
information and to let the sysops (and the pheds) know that there are still 
people who believe we have a Constitution.  Second, you can write your 
congressional representatives and others who have made (and continue to make) 
laws restricting information flow. Let them know you are concerned about 
criminalizing non-harmful behaviors (such as posting PIRATE, PHRACK, or 
articles related to the computer underground), and that you find the penalties 
and the confiscation of equipment without hearing totally undemocratic. 
Finally, talk about this stuff with friends and get your own viewpoint known. 
Repression occurs in a vacuum, and we lose our freedoms not by some major 
revolution, but slowly, gradually, a bit at a time while nobody is paying 
attention. 
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 2 of 11 *** 
***  Commentary (By Ellis Dea)                  *** 
*************************************************** 
  
  
A contributor sent over this opinion by Ellis Dea that was found on an 
Illinois BBS. It equates the current witch hunts against the computer 
underground with McCarthyism. It says it nicely, so here it is. 
  
---------------- 
  
                 "The Hunt for the CU: The New McCarthyism?" 
                              >> By Ellis Dea<< 
  
I just read a paper that discussed the Post-Modernist ramifications of 
"hacking" within the context of criminology {eds' note: This is apparently a 
reference to an academic paper called "The Computer Underground as Postmodern 
Resistance" that's appeared on a number of boards}.  I found it interesting, 
especially the earlier parts.  This is not to say that the later parts were 
uninteresting, but then I already knew much of the material presented therein. 
What was new about the first part was the theoretical construct placed upon 
the entire CU subculture, a construct I have hinted at perviously, but never 
really formulated. 
  
The paper takes an analytical stance, analyzing the phenomenon from a 
post-modernist perspective and, I must confess, that these very aspects of the 
situation constitute the attractiveness of it.  However, the paper tends to 
ignore much of the political aspects of the problem.  The situation seems to 
me not much different from the 1968 convention where the real issue was a 
class struggle manifesting itself primarily in the Vietnam war while the media 
manipulation was a matter of style (the "Yippies"). 
  
Today we are seeing a 90's version McCarthyism involving many of the same 
elements including mass-hysteria, misinformation, and self-aggrandizement by 
governmental functionnaires.  The masses out there are firmly convinced that 
any problem with their telephone is a result of "hackers."  Police reports of 
the arrests of 14 year olds constantly use the phrase "The Legion of Doom is 
one of the most dangerous organizations in the country." Obviously, "hackers" 
have replaced "communists" as the favorite scapegoat -- a villain we can all 
fight and who is relatively harmless.  How many of these nefarious "hackers," 
for example, have been found with any sort of weapons in their hands? 
  
It seems also that there is a certain amount of prestige attached to the 
apprehension of these "hackers."  While no Senator has attained the prominence 
of a McCarthy of the 50s, it would certainly be unwise for any of them to take 
a position favoring a more realistic criminal code.  The political climate and 
media competence (or incompetence) is such that attempting to distinguish 
between someone who has a genuine interest in computers from someone out to do 
damage would be every bit as damaging to ones political and professional 
career as it would be to distinguish between the recreational use of cannabis 
and the sale of crack or heroin.  All is lumped together under the term 
"hacker" and anyone who makes distinctions is ultimately in danger of being 
considered threats to national security. 
  
The recent 911 affair is symptomatic of this.  Reports of it on the media gave 
the impression that the entire emergency system hade been damaged or destroyed 
and one was left with the impression that people out there with heart attacks 
and fending off rapists were left without telephone and, hence, assistance. 
Only those who pursued th the documentation for the program that ran parts of 
the system had been downloaded without any damage at all to the operation, 
present or future, of the system.  The only possible damage to the system is 
in the embarrassment of those responsible for the security of the system.  The 
act did prove that the system could be brought to it knees, so to speak, but 
if also proved that "hackers" had a much higher code of ethics since the 
system was not affected in any way.  If anything, the system is now more 
secure as a result of the activities of these people and, rather than 
castigating them in the press, the establishment should give them a medal of 
some sort.  The people who left the computer so open to penetration (notice 
how C.I.A. language tends to creep in) are the ones who should be prosecuted. 
  
They will not be prosecuted, however, because they were operating within the 
system and were hence subject to its code.  In other words, they subscribe, at 
least openly, to the propaganda currently directed against "hackers." 
Furthermore, to allow these public servants who pointed out the weaknesses of 
the computer system to escape would be to admit incompetence.  The "reasoning" 
is that the prosecuted is wrong, they are prosecuted, therefore nothing was 
wrong with the computer system.  This is the same sort of convoluted reasoning 
that is behind so many of the other domestic and foreign policies of our 
country and nothing will happen to alter it.  It is sobering to realize today 
that perhaps the single most important figure against McCarthy, and the one 
that made his decline possible, was Edward R.  Murrow, a news journalist. 
Murrow knew quite a bit about the dangers of fascism and knew how the soviets 
were our allies during World War II.  I do not see any parallel to him today 
as relates to "hacking." 
  
Lest we think that the media, especially the news components thereof, might be 
able to inform the public about this, allow me to share with you an example of 
how it works.  I recently saw a segment on Shakespearian productions that 
contained such bits of information as the fact that the dialect spoken in 
appalachia today is closer to Shakespeare's than is the dialect spoken today 
in England.  The announcer then said, "On the serious side, George Bush hung 
blue ribbons on the masts of . . . ."  The only rational reaction is to tie a 
yellow ribbon to your modem. 
  
I will end this with a brief observation.  Their are, of course, distinctions 
between the "hackers" of today and the "communists" of the 50s --the "hackers" 
need not be defenseless.  They are not criminals, but our government's 
persistance is turning them into criminals. 
  
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 3 of 11 *** 
***  Federal Press Release of LoD Bust          *** 
*************************************************** 
  
  
Reprinted below is the press release that accompanied the LoD indictment.  The 
indictment against The Prophet and Knight Lightning, 13 pages of it, contains 
a variety of charges. The most absurd is that LoD was engaged in a conspiracy 
to bring down the E911 system in the U.S. It is clear that agents are either 
totally ignorant of what the computer underground is all about, or is too 
arrogant to care in building their case. It appears they took the satirical 
article in PHRACK 24 for a "confession" of some kind. In that article, 
anonymous authors describe, humorously, how they got rich from New York's 
Citicorp Bank. However, the Secret Service Agent in charge of the case in 
Atlanta said that, from his knowledge of the case, he saw no indication that 
monetary gain was at issue, and the media seems to ignore such things. 
  
The case is in the jurisdiction of the U.S. District Court, Northern District 
of Illinois, Eastern Division (Address:  Chicago, IL, 60604). The case name is 
U.S. v. RIGGS & NEIDORF, and the Docket number is 90-CR-70. For more 
information, call the Assistant United States Attorney in charge of the case, 
William J. Cook, at 312-886-7631.  The U.S. Attorney in charge in Atlanta is 
Kent Alexander (404)-331-6488. 
  
------------------ 
  
                             INFORMATION RELEASE 
  
FROM: U.S. Department of Justice 
DATE: February 6, 1990 
  
  
IRA H. RAPHAELSON, United States Attorney for the Northern District of 
Illinois, and PATRICK T. McDONNELL, Special Agent In Charge of the United 
States Secret Service in Chicago, today announced the indictment of Robert J. 
Riggs, 20, of {address deleted}, and Craig M. Neidorf, 19 {address deleted}, 
on charges that between December, 1988 and February, 1989 they entered into a 
scheme to steal and publish to other hackers highly proprietary and sensitive 
information about the operation of Bell South's Enhanced 911 emergency 
communication system. The seven count indictment charges Riggs and Neidorf with 
Interstate Transportation of Stolen Property, Wire Fraud and Violations of the 
Computer Fraud and Abuse Act of 1986. 
  
Specifically, the indictment charges that Riggs, also known as "Robert 
Johnson" and "The Prophet", stole a copy of Bell South's highly proprietary 
and closely held computer program that controlled and maintained the E911 
system. Bell South's E911 system controls emergency calls to the police, fire, 
ambulance and emergency services in municipalities of the nine state region 
served by Bell South; Alabama, Mississippi, Georgia, Tennessee, Kentucky, 
Louisiana, North Carolina, South Carolina, and Florida.  The indictment alleges 
that in December 1988 Riggs stole the E911 data valued at $79,449.00 by using 
a computer outside the telephone company to call into the telephone company 
computer in which the computer file was stored. The indictment charges that 
Riggs then transferred the E911 data to a computer bulleting board in 
Lockport, Illinois from which Neidorf, also known as "Knight Lightning", down 
loaded it for publication in a computer hacker publication known as "PHRACK." 
The indictment charges that Riggs was a member of a closely knit group of 
computer hackers known as the Legion of Doom whose members are involved in 
numerous illegal activities including: 
  
   *Disrupting telephone service by entering the telephone 
    companies switches (which are computers) and changing 
    the routing of telephone calls. 
   *Stealing computer data from individuals and companies. 
   *Stealing and modifying individual credit histories. 
   *Fraudulently obtaining money and property from companies 
    by altering information in their computers. 
   *Disseminating information about attacking computers to other 
    computer hackers in an effort to shift the focus of law 
    enforcement agencies to those other hackers and away from the 
    Legion of Doom. 
  
The indictment charges that as part of their fraud scheme Riggs and Neidorf 
disclosed the stolen information {reportedly PHRACK #24-eds.} about the 
operation of the enhanced 911 system to other computer hackers so that they 
could unlawfully access the E911 system and potentially disrupt or halt other 
911 service in the United States. 
  
If convicted on all counts of the indictment Riggs faces a maximum possible 
prison sentence of 32 years and a maximum possible fine of $222,000.00; and 
Neidorf faces a maximum possible prison sentence of 31 years and a maximum 
possible fine $122,000.000. 
  
In announcing the return of the indictment, Mr. Raphaelson noted that the 
allegations of the indictment have far reaching implications for the health 
and welfare of individuals in the United States who rely on their telephones 
as a lifeline to the outside world.  Mr. Raphaelson stated, "People who invade 
our telecommunications and related computer systems for profit or personal 
amusement create immediate and serious consequences for the public at large. 
No one should be made to suffer loss of life or severe injury as a result of 
hackers who have compromised emergency networks. The telecommunications 
industry and law enforcement community have become attentive to these crimes 
and those who choose to use their intelligence and talent to disrupt these 
vital networks will find themselves vigorously prosecuted." 
  
Raphaelson stated that the indictment in Chicago and a companion indictment in 
Atlanta are the initial results of a year long investigation by agents of the 
United States Secret Service in Chicago, Atlanta, Indianapolis, New York, St. 
Louis and Kansas City. Raphaelson further noted that pursuant to Court Orders, 
technical and expert assistance was provided to the United States Secret 
Service by telecommunication companies including Bell South and its 
subsidiaries, Southwestern Bell, NYNEX (New York), and Bellcore. Raphaelson 
particularly praised the actions of Bell South for its proactive position in 
bringing their intrusion problems to the attention of law enforcement 
officials and for its formation of an Intrusion Task Force to analyze and 
respond to the intrusions noted in the Chicago and Atlanta indictments. 
  
Assistant United States Attorney William J. Cook, who heads the Computer Fraud 
and Abuse Task Force, and Assistant United States Attorney Colleen D. Coughlin 
presented the case to the federal grand jury and will be trying the case in 
the United States District Court in Chicago. 
  
Members of the public are reminded that the indictment is only a charge and is 
not evidence of guilt. The defendants are entitled to a fair trial at which 
time it will be the government's burden to prove their guilt beyond a 
reasonable doubt. 
  
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 4 of 11 *** 
***  The LoD Indictment                         *** 
*************************************************** 
  
  
  
              UNITED STATES DISTRICT COURT NORTHERN 
                      DISTRICT OF ILLINOIS 
                        EASTERN DIVISION 
  
                               ) 
UNITED STATES OF AMERICA       ) 
                               ) 
          v.                   )    No. ______________________ 
                               )    Violations: Title 18, United 
ROBERT J. RIGGS, also known    )    States Code, Sections 
as Robert Johnson, also        )    1030(a)(6)(A) and 2314 
known as Prophet, and          ) 
CRAIG NEIDORF, also known      ) 
as Knight Lightning            ) 
  
                            COUNT ONE 
  
     The SPECIAL APRIL 1987 GRAND JURY charges: 
  
                        PROPERTY INVOLVED 
  
     1. At all times relevant herein, enhanced 911 (E911) was the 
national computerized telephone service program for handling 
emergency calls to the police, fire, ambulance and emergency 
services in most municipalities in the United States. Dialing 911 
provided the public immediate access to a municipality's Public 
Safety Answering Point (PSAP) through the use of computerized all 
routing. The E911 system also automatically provided the recipient 
of an emergency call with the telephone number and location 
identification of the emergency caller. 
  
     2. At all times relevant herein, the Bell South Telephone 
Company and its subsidiaries ("Bell South") provided telephone 
services in the nine state area including Alabama, Mississippi, 
Georgia, Tennessee, Kentucky, Lousiana {sic}, North Carolina, South 
Carolina and Florida. 
  
     3. At all times relevant herein, the E911 system of Bell South 
was described in the text of a computerized file program known as 
the Bell South Standard Practice 660-225-104SV Control Office 
  
                              - 1 - 
  
Administration of Enhanced 911 Services for Special and Major 
Account Centers date March, 1988 ("E911 Practice"). The E911 
Practice was a highly proprietary and closely held computerized 
text file belonging to the Bell South Telephone Company and stored 
on the company's AIMSX computer in Atlanta, Georgia. The E911 
Practice described the computerized control and maintainence {sic} 
of the E911 system and carried warning notices that it was not to be 
disclosed outside Bell South or any of its subsidiaries except 
under written agreement. 
  
                         COMPUTER HACKERS 
  
     4. At all times relevant herein, computer hackers were 
individual involved with the unauthorized access of computer 
systems by various means. 
  
     5. At all times relevant herein, the Legion of Doom (LOD) 
was a closely knit group of computer hackers involved in: 
  
          a.   Disrupting telecommunications by entering 
               computerized telephone switches and changing the 
               routing on the circuits of the computerized 
               switches. 
          b.   Stealing proprietary computer source code and 
               information from companies and individuals that 
               owned the code and information. 
          c.   Stealing and modifying credit information on 
               individuals maintained in credit bureau computers. 
  
                              - 2 - 
  
          d.   Fraudulently obtaining money and property from 
               companies by altering the computerized information 
               used by the companies. 
          e.   Disseminating information with respect to their 
               methods of attacking computers to other computer 
               hackers in an effort to avoid the focus of law 
               enforcement agencies and telecommunication security 
               experts. 
  
     6. At all times relevant herein ROBERT J. RIGGS, defendant 
herein, was a member of the LOD. 
  
     7. At all times relevant herein CRAIG NEIDORF, defendant 
herein, was a publisher and editor of a computer hacker newletter 
{sic} known as "PHRACK." 
  
     8. At all times relevant herein, a public access computer 
bulletin board system (BBS) was located in Lockport, Illinois which 
provided computer storage space and electronic mail services to its 
users. The Lockport BBS was also used by computer hackers as a 
location for exchanging and developing software tools for computer 
intrusion, and for receiving and distributing hacker tutorials and 
other information. 
  
                             E-MAIL 
  
     9. At all times relevant herein electronic mail (e-mail) was 
a computerized method for sending communications and files between 
individual computers on various computer networks. Persons who 
sent or received e-mail were identified by an e-mail address, 
similar to a postal address. Although a person may have more than 
  
                              - 3 - 
  
one e-mail address, each e-mail address identified a person 
uniquely. The message header of an e-mail message identified both 
the sender and recipient of the e-mail message and the date the 
was {sic} message sent. 
  
     10. Beginning in or about September, 1988, the exact date 
begin unknown to the Grand Jury, and continuing until the return 
date of this indictment, at Lockport, in the Northern District of 
Illinois, Eastern Division, and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
defendants herein, together with others known and unknown to the 
Grand Jury, devised and intended to devise and participated in a 
scheme and artifice to defraud and to obtain money and other things 
of value by means of false and fraudulent pretenses and 
representations, well knowing at the time that such pretenses, 
representations and promises were false when made. 
  
                     OBJECT OF FRAUD SCHEME 
  
     11. The object of the fraud scheme was to steal the E911 
Practice text file from the computers of Bell South Telephone 
Company though {sic} the use of false and fraudulent pretenses and 
representations and to conceal all indications that the text file 
had been stolen; and to thereafter publish the information about 
the E911 Practice text file in a hacker publication for 
dissemination. 
  
                              - 4 - 
  
                    OPERATION OF FRAUD SCHEME 
  
     12. It was part of the fraud scheme that the defendant NEIDORF 
would and did advise the defendant RIGGS that he had assembled a 
group of computer hackers for the purpose of distributing computer 
information. 
  
     13. It was further part of the scheme that the defendant 
RIGGS would and did steal sensitive proprietary Bell South 
information files including the E911 Practice text file by gaining 
remote unauthorized access to computers of the Bell South Telephone 
Company. 
  
     14. It was further part of the scheme that the defendant 
RIGGS would and did disguise and conceal the theft of the E911 
Practice text file from Bell South Telephone Company by removing 
all indications of his unauthorized access into Bell South 
computers and by using account codes of legitimate Bell South users 
to disguise his authorized use of the Bell South computer. 
  
     15. It was further part of the scheme that RIGGS would and 
did transfer in interstate commerce a stolen E911 Practice text 
file from Atlanta, Georgia to Lockport, Illinois through the use 
of an interstate computer data network. 
  
     16. It was further part of the scheme that defendant RIGGS 
would and did store the stolen E911 Practice text file on a 
computer bulletin board system in Lockport, Illinois. 
  
     17. It was further part of the scheme that defendant NEIDORF, 
utilizing a computer at the University of Missouri in Columbia, 
Missouri would and did receive a copy of the stolen E911 text file 
  
                              - 5 - 
  
from defendant RIGGS through the Lockport computer bulletin board 
system through the use of an interstate computer data network. 
  
     18. It was further part of the scheme that defendant NEIDORF 
would and did edit and retype the E911 Practice text file at the 
request of the defendant RIGGS in order to conceal the source of 
the E911 Practice text file and to prepare it for publication in 
a computer hacker newsletter. 
  
     19. It was further part of the scheme that defendant NEIDORF 
would and did transfer the stolen E911 Practice text file through 
the use of an interstate computer bulletin board system 
used by defendant RIGGS in Lockport, Illinois. 
  
     20. It was further part of the scheme that the defendants 
RIGGS and NEIDORF would publish information to other computer 
hackers which could be used to gain unauthorized access to 
emergency 911 computer systems in the United States and thereby 
disrupt or halt 911 service in portions of the United States. 
  
     22. It was further a part of the scheme that the defendants 
would and did misrepresent, conceal, and hide, and cause to be 
misrepresented, concealed and hidden the purposes of ane {sic} the 
acts done in furtherance of the fraud scheme, and would and did use 
coded language and other means to avoid detection and apprehension 
  
                              - 6 - 
  
by law enforcement authorities and to otherwise provide security 
to the members of the fraud scheme. 
  
     23. In or about December, 1988, at Lockport, in the 
Northern District of Illinois, Eastern Division, and elsewhere, 
  
               ROBERT J. RIGGS, also known 
               as Robert Johnson, also 
               known as Prophet, 
  
defendant herein, for the purpose of executing the aforesaid 
scheme, did knowingly transmit and cause to be transmitted by means 
of a wire communication in interstate commerce certain signs, 
signals and sounds, namely: a data transfer of a E911 Practice 
text file from Decatur, Georgia to Lockport, Illinois. 
  
     In violation of Title 18, United States Code, Section 1343. 
  
                              - 7 - 
  
                            COUNT TWO 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference 
the allegations of paragraphs 1 through 22 of Count One of this 
Indictment as though fully set forth herein. 
  
     2. On or about January 23, 1989, at Lockport, in the 
Northern District of Illinois, Eastern Division and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
the defendants herein, for the purposes of executing the aforesaid 
scheme did knowingly transmit and cause to be transmitted by means 
of a wire communication in interstate commerce certain signs, 
signals and sounds, namely: a data transfer of a E911 Practice 
text file from Decatur, Georgia to Lockport, Illinois, an edited 
and retyped E911 Practice text file from Columbia, Missouri, to 
Lockport, Illinois. 
  
     In violation of Title 18, United States Code, Section 1343. 
  
                              - 8 - 
  
                           COUNT THREE 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference the 
allegations of paragraphs 1 through 22 of Count One of this 
indictment as though fully set forth herein. 
  
     2. In or about December, 1988, at Lockport, in the Northern 
District of Illinois, Easter Division, and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
defendants herein, did transport and cause to be transported in 
interstate commerce from Decatur, Georgia, to Lockport, Illinois, 
a computerized text file with a value of $5,000 or more, namely: 
  
     A Bell South Standard Practice (BSP) 660-225-104SV- Control 
     Office Administration of Enhanced 911 Services for Special 
     Services and Major Account Centers dated March, 1988; valued 
     at approximately $79,449.00 
  
the defendants then and there knowing the same to have been stolen, 
converted, and taken by fraud; 
  
     In violation of Title 18, United States Code, Section 2314. 
  
                              - 9 - 
  
                           COUNT FOUR 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference the 
allegations of paragraphs 1 through 22 of Count one of this 
Indictment as though fully set forth herein. 
  
     2. On or about January 23, 1989, at Lockport, in the Northern 
District of Illinois, Eastern Division, and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
defendants herein, did transport and cause to be transported in 
interstate commerce from Columbia, Missouri, to Lockport, Illinois, 
a computerized textfile with a value of $5,000 or more, namely: 
  
          An edited Bell South Standard Practice (BSP) 660-225- 
          104SV- Control Office Administration of Enhanced 911 
          Services for Special Services and Major Account Centers 
          dated March, 1988; valued at approximately $79,449.00. 
  
the defendants, then and there knowing the same to have been 
stolen, converted, and taken by fraud; 
  
     In violation of Title 18, United States Code, Section 2314. 
  
                             - 10 - 
  
                           COUNT FIVE 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference 
the allegations of paragraphs 1 through 22 of Count One of this 
Indictment as though fully set forth herein. 
  
     2. On or about December, 1988, at Lockport, in the 
Northern District of Illinois, Eastern Division and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
the defendants herein, knowingly and with intent to defraud, trafficked 
in information through which a computer may be accessed without 
authorization and by such conduct affected interstate commerce; 
  
     In violation of Title 18, United States Code, Section 
1030(a)(6)(A). 
  
                             - 11 - 
  
                            COUNT SIX 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference 
the allegations of paragraphs 1 through 22 of Count One of this 
Indictment as though fully set forth herein. 
  
     2. In or about January, 1989, at Lockport, in the Northern 
District of Illinois, Eastern Division and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
the defendants herein, knowingly and with intend to defraud, trafficked 
in information through which a computer may be accessed without 
authorization and by such conduct affected interstate commerce; 
  
     In violation of Title 18, United States Code, Section 
1030(a)(6)(A). 
  
                             - 12 - 
  
                           COUNT SEVEN 
  
     The SPECIAL APRIL 1987 GRAND JURY further charges: 
  
     1. The Grand Jury realleges and incorporates by reference the 
allegations of paragraphs 1 through 22 of Count One of this 
Indictment as though fully set forth herein. 
  
     2. In or about February, 1989, at Lockport, in the Northern 
District of Illinois, Eastern Division and elsewhere, 
  
                  ROBERT J. RIGGS, also known 
                  as Robert Johnson, also 
                  known as Prophet, and 
                  CRAIG NEIDORF, also known 
                  as Knight Lightning, 
  
the defendants herein, knowingly and with intent to defraud, trafficked 
in information through which a computer may be accessed without 
authorization and by such conduct affected interstate commerce; 
  
     In violation of Title 18, United States Code, Section 
1030(a)(6)(A). 
  
  
                                A TRUE BILL: 
  
  
  
                                ________________________________ 
                                F O R E P E R S O N 
  
  
  
________________________________ 
UNITED STATES ATTORNEY 
  
  
                             - 13 - 
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 5 of 11 *** 
***  Pheds bust The Mentor                      *** 
*************************************************** 
  
  
Apparently, just operating a BBS can rankle the pheds!  The Mentor, operator 
of one of the best information BBSs around, was busted and charges that remain 
obscure. Here's what happened (courtesy of an anonymous contributor): 
  
----------------- 
>From: mosley@peyote.cactus.org (Bob Mosley III) 
Newsgroups: comp.dcom.telecom 
Subject: Austin, TX BBS Shut Down From Joinet Bust Fallout 
Message-ID: <4723@accuvax.nwu.edu> 
Date: 4 Mar 90 17:22:26 GMT 
  
This hit most BBS's in the Austin area on Thursday. It's believed the bust 
came down Wednesday morning. In a nutshell, here's what happened: 
  
Wednesday morning, Feb. 28, the offices of Steve Jackson Games, inc., were 
raided by FBI and Secret Service officials. The establishment was shut down, 
and all computer systems, including the Illuminati BBS, were confiscated. 
  
At that time, a 'retired' member of the LoD, who was identified as 'The 
Mentor' was arrested. The charges reportedly are related to the recent 911 
bust that has shut down Jolnet and ATTATC (or whatever Killer used to be 
called). His home system was confiscated, complete with an entire collection 
of "Phrack" issues and related paraphanalia. 
  
As of this writing, the Mentor is reportedly out on bail, sans system and 
network connection. The Illuminati BBS is still down, although SJ Games is 
back in operation, and no charges have been filed against any of the employees 
other than The Mentor. The systems owned by SJ Games have not been returned as 
of this writing. 
  
Finally, rumors were trickling in early this morning (Saturday, 3/4) that two 
BBS's in Dallas, three in Houston, and one in San Antonio were busted by the 
same authorites in relation to the same case. 
  
[in light of the Mentor's posted defense of the LoD, I kinda thought you'd 
like to see this one! - OM] 
  
News is that Illuminati BBS, a system run by a company named Steve Jackson 
Games somewhere in Texas, was also shut down and its equipment seized by the 
federal government because two suspected Legion of Doom members were among its 
users. 
  
..I've just gotten a new update on the Mentor's recent apprehension by the 
Feds. Thought you might like to hear something as close to as direct from the 
Mentor as possible under the circumstances. 
  
   From: Daneel Olivaw #96 @5283 Date: Sun Mar 04 19:55:28 1990 
  
I'll have to play the Mentor for now (with permission granted). 
  
If you haven't heard the rumors, here is the truth. 
  
The Mentor was awakened at 6:30am on Thursday (3/1/90) with the gun of a 
Secret Service agent pointed at his head.  The SS proceded to search and seize 
for the next 4 1/2 hours.  Things taken include an AT with 80mb HD, HP 
LaserJet II, various documents, and other things.  They then proceded to raid 
his office at work, and sieze the computer and laser printer there.  Lost in 
the shuffle was a complete novel (being written and due in 2 weeks), and 
various other things. 
  
Across town: Those of you who know Erik Bloodaxe, he was also awakened, and 
his house searched. 
  
Neither have been charged with anything, but they expect to at least be called 
as witnesses at the case of the Phrack Boys (Knight Lightning and Tarren King) 
in Chicago April 15. 
  
Apparently, they did a shoddy job, as they tagged a book that Mentor had 
borrowed from me (Quarterman's "The Matrix"), and then forgot to take it, oh 
well.... 
  
It ain't lookin so lovely.  Also the UT computer systes are under *VERY* close 
watch, as they were/are being hacked on by hackers around the world, including 
some in Australia, and England. 
  
                                                        OM 
  
  
                       >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 6 of 11 *** 
***  Feds Hassle Employers                      *** 
*************************************************** 
  
  
The following buffered file was captured from ILLUMINATI BBS, a legitimate, 
above board, business BBS in Texas. It belonged to Steve Jackson, who runs a 
business for writing computer games.  An employee worked there who was 
investigated by the Secret Service. The employee was "visited" at his home at 
6:30 in the morning, his equipment was confiscated, and then the pheds went to 
his place of employment, Steve Jackson Games, and confiscated some *BUSINESS 
EQUIPMENT* "just in case." Although it is not clear what the employee had 
done, his "evil vibes" may have spread, so off went the pheds with the 
equipment after closing the shop for over half a day! We reprint this because, 
in the CURRENT WITCH HUNT FOR COMPUTER UNDERGROUND MEMBERS, the lesson is: 
  
   IT CAN HAPPEN TO YOU!! 
  
----------------------- 
  
  
            ------- start of text from Illuminati BBS ------- 
  
 NOTE! WE RECOMMEND YOU OPEN YOUR CAPTURE BUFFER AS YOU READ THE 
 FOLLOWING INFORMATION, OR AT LEAST BE READY TO USE ^S AND ^Q TO 
 STOP THE SCROLLING AS YOU READ. 
  
 PRESS RETURN: 
  
  
   GREETINGS, MORTAL! YOU HAVE ENTERED 
      THE SECRET COMPUTER SYSTEM OF 
  
  
                   /\ 
                  /  \ 
                 / () \ 
                / ____ \ 
               / /    \ \ 
              /__________\ 
  
  
              THE ILLUMINATI 
      FRONTED BY STEVE JACKSON GAMES 
 INCORPORATED. ALL RIGHTS RESERVED. FNORD 
  
 NOTE! AT THE MOMENT ILLUMINATI IS AN READ-ONLY SYSTEM. READ THE 
INFORMATION BELOW TO FIND OUT WHY. USING THE SPACE BAR WILL LOG YOU 
OFF. YOU CAN STOP THE SCROLLING AT ANY TIME WITH A CONTROL-S. 
CONTROL-Q WILL RESUME THE SCROLLING. 
  
YOU MAY HAVE NOTICED THAT OUR CORPORATE MASCOT, WHO USUALLY GREETS OUR 
CALLERS WITH A CHEERFUL SMILE, IS FROWNING TODAY. I THINK YOU'LL AGREE 
HE HAS EVERY RIGHT TO. 
  
BEFORE THE START OF WORK ON MARCH 1, STEVE JACKSON GAMES WAS VISITED 
BY AGENTS OF THE UNITED STATES SECRET SERVICE. THEY SEARCHED THE 
BUILDING THOROUGHLY, TORE OPEN SEVERAL BOXES IN THE WAREHOUSE, BROKE A 
FEW LOCKS AND DAMAGED A COUPLE OF FILING CABINETS (WHICH WE WOULD 
GLADLY HAVE LET THEM EXAMINE, HAD THEY LET US INTO THE BUILDING), 
ANSWERED THE PHONE DISCOURTEOUSLY AT BEST, PROBABLY ATE A FEW OF THE 
ORANGE SLICES THAT WERE ON FEARLESS LEADER'S DESK (WHICH THEY WERE 
WELCOME TO, BY THE WAY), AND CONFISCATED SOME COMPUTER EQUIPMENT, 
INCLUDING THE COMPUTER THAT THE BBS WAS RUNNING ON AT THE TIME. 
  
SO FAR WE HAVE NOT RECEIVED A CLEAR EXPLANATION OF WHAT THE SECRET 
SERVICE WAS LOOKING FOR, WHAT THEY EXPECTED TO FIND, OR MUCH OF 
ANYTHING ELSE. WE ARE FAIRLY CERTAIN THAT STEVE JACKSON GAMES IS NOT 
THE TARGET OF WHATEVER INVESTIGATION IS BEING CONDUCTED; IN ANY 
CASE, WE HAVE DONE NOTHING ILLEGAL AND HAVE NOTHING WHATSOEVER TO 
HIDE. HOWEVER, THE EQUIPMENT THAT WAS SEIZED IS APPARENTLY CONSIDERED 
TO BE EVIDENCE IN WHATEVER THEY'RE INVESTIGATING, SO WE AREN'T LIKELY 
TO GET IT BACK ANY TIME SOON. IT COULD BE A MONTH, IT COULD BE NEVER. 
  
IN THE MEANTIME, FEARLESS HAS LOANED STEVE JACKSON GAMES THE APPLE SYSTEM 
THE BBS RAN ON BACK IN THE OLD DAYS BEFORE JOLNET. TO MINIMIZE THE POSSI- 
BILITY THAT THIS SJSTEM WILL BE CONFISCATED AS WELL, WE HAVE SET IT UP TO 
DISPLAY THIS BULLETIN, AND THAT'S ALL. THERE IS NO MESSAGE BASE AT PRESENT. 
WE APOLOGIZE FOR THE INCONVENIENCE, AND WE WISH WE DARED DO MORE THAN 
THIS. HOWEVER, WE AGONIZED LONG AND HARD, AND DECIDED IT WAS A COURTESY TO 
OUR CALLERS TO LET THEM KNOW WHAT WAS HAPPENING. 
  
AT THIS POINT WE DON'T KNOW WHEN THE BBS WILL BE BACK UP FOR REAL. IF 
YOU HAVE IMPORTANT INFORMATION FOR US, SUCH AS PLAYTEST NOTES, YOU CAN 
MAIL THEM TO US (YEAH, I KNOW, ECCH) OR IF IT'S SOMETHING TRULY 
IMPORTANT, YOU CAN REACH US AT OUR VOICE NUMBER (512-447-7866). IN THE 
MEANTIME, FEARLESS WILL BE CHECKING IN ON A REGULAR BASIS ON SMOF 
(512-UFO-SMOF) AND RED OCTOBER (512-834-2548). 
  
IN PARTICULAR, IF YOU HAVE DOWNLOADED THE GURPS CYBERPUNK PLAYTEST 
MATERIAL THAT WAS ON THE BOARD, PLEASE LET US KNOW RIGHT AWAY SO WE 
CAN ARRANGE TO GET A COPY. SOME OF THAT MATERIAL WAS NOT EASILY 
REPLACABLE, AND WE WOULD LIKE TO GET COPIES - IT WOULD MAKE GETTING 
GURPS CYBERPUNK OUT MUCH, MUCH EASIER (AND IT WOULD COME OUT THAT MUCH 
SOONER). PLEASE CALL US AND ASK TO TALK TO CREEDE OR LOYD FOR 
ARRANGEMENTS. 
  
THANK YOU FOR YOUR UNDERSTANDING, AND THANKS TO EVERYONE WHO HAS GIVEN 
US WORDS OF ENCOURAGEMENT AND SUPPORT. WE HOPE WE'LL BE BACK ON LINE, 
FULL TIME, VERY SOON. 
  
 -- STEVE JACKSON GAMES AND 
    THE SYSOPS OF THE ILLUMINATI BBS 
  
            ------- end of text from Illuminati BBS ------- 
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 7 of 11 *** 
***  Jolnet Involvement, Part 1                 *** 
*************************************************** 
  
  
When authorities investigated the Legion of Doom's alleged illicit activities, 
they apparently were aided by JOLNET, a BBS in Lockport (near Joliet) 
Illinois. Despite the cooperation, the board closed down, at least 
temporarily, and some of their equipment was confiscated. The sysop reportedly 
lost his job, although the details are not fully clear. The following 
summarizes JOLNET's involvement and raises some scary issues. 
The following is from TELECOM DIGEST (Vol 10, #166, msg 1, March 12). 
  
------------ 
  
The operator of an Illinois computer bulletin-board system apparently helped 
federal officials crack a multi-state ring of hackers now charged with 
breaking into a computer system running a 911 system in the South and 
distributing a highly technical on- line manual describing how to run - and 
disrupt - the system. 
  
Federal officials are not saying much about the investigation, except to say 
it is continuing, but observers in the telecommunications field say it may be 
widened to include a close look at hundreds of on-line break-ins and attempted 
break-ins of computers tied to the international Usenet network since last 
summer. 
  
Ironically, though, the Illinois system operator had his system seized by the 
government as evidence in the case. The government may also be seizing other 
bulletin-board systems the hackers may have used. And that raises some 
troubling questions about the protection of electronic mail and 
First-Amendment rights on electronic networks. 
  
Charged so far are four members of the ``Legion of Doom,'' which federal 
officials allege did things such as re-programming computerized phone switches 
and changing people's computerized credit ratings. 
  
Federal authorities were apparently aided by Rich Andrews, operator of Jolnet, 
one of a small but growing number of private systems connected to the Usenet 
international computer network (itself a part of the Internet research 
network). 
  
In an interview with Patrick Townson, who moderates a telecommunications 
conference on Usenet, Andrews says his involvement began about 18 months ago. 
  
According to Townson, Andrews noticed the 911 documentation had been uploaded 
to his system and promptly sent it to another Usenet-linked BBS operated by 
AT&T, with a request that it be sent to the right people there. 
  
Andrews acknowledged, though, that he then kept a copy of the text himself. A 
few months later, AT&T contacted him, asking him for the manual, and then the 
feds got in touch with him. It was then, about a year ago, Townson says, that 
Andrews decided to cooperate with the feds. 
  
According to Townson, Andrews said the 911 software was just ``a small part of 
what this is all about...'' 
  
As part of the investigation, Andrews did nothing about the Legion of Doom 
members allegedly using his system to pass the 911 manual back and forth and 
to develop programs to crack other systems, Townson says. 
  
If convicted, the alleged hackers face upwards of 30 years in jail and several 
hundred thousands of dollars in fines. 
  
The seizure of Andrew's system has a number of system operators worried. 
Unlike phone companies, which cannot be held liable for the actions of their 
subscribers, computer bulletin-board systems fall into one of those gray areas 
that remain unsettled. 
  
Already, Bill Kuykendall, who runs a Chicago system similar in operation to 
Jolnet, has tightened up his requirements for who he will let on the system. 
  
``Today, there is no law or precedent which affords me, as owner and system 
administrator of The Point, the same legal rights that other common carriers 
have against prosecution should some other party (you) use my property (The 
Point) for illegal activities,'' he wrote in a recent message to users of his 
system. ``That worries me. 
  
``By comparison, AT&T cannot be held liable should someone use their phone 
lines to transmit military secrets to an enemy.  Likewise, Acme Trucking is 
not vulnerable to drug trafficking charges should they pull a sealed trailer 
of cocaine to some destination unknowingly. Yet somehow, I am presumed to be 
cognizant of the contents of every public message, mailed message, and file 
upload that passes through this public access system. On a system this size, 
that may be nearly a gigabyte (1+ Billion characters!) of information a year. 
  
``I fully intend to explore the legal questions raised here. In my opinion, 
the rights to free assembly and free speech would be threatened if the owners 
of public meeting places were charged with the responsibility of policing all 
conversations held in the hallways and lavatories of their facilities for 
references to illegal activities. 
  
``Under such laws, all privately owned meeting places would be forced out of 
existence, and the right to meet and speak freely would vanish with them. The 
common sense of this reasoning has not yet been applied to electronic meeting 
places by the legislature. This issue must be forced, or electronic bulletin 
boards will cease to exist.'' 
  
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 8 of 11 *** 
***  Jolnet Involvement, Part 2                 *** 
*************************************************** 
  
  
Here's some more info on JOLNET and the issues involved send from a 
contributor who subscribes to TELECOM DIGEST, where the LoD busts 
seem to have stimulated some interest. 
  
---------------------- 
  
Date: 27 Feb 90 08:33:51 GMT 
Sender: news@accuvax.nwu.edu 
Organization: TELECOM Digest 
Lines: 24 
Approved: Telecom@eecs.nwu.edu 
X-Submissions-To: telecom@eecs.nwu.edu 
X-Telecom-Digest: Volume 10, Issue 131, Message 4 of 8 
  
 From what I have noted with respect to Jolnet, there was a serious 
crime committed there -- by the FBI.  If they busted a system with email 
on it, the Electronic Communication Privacy Act comes into play. 
Everyone who had email dated less than 180 days old on the system is 
entitled to sue each of the people involve in the seizure for at least 
$1000 plus legal fees and court cost.  Unless, of course, the FBI did 
it by the book, and got warrants to interfere with the email of all 
who had accounts on the systems. 
  
If they did, there are strict limits on how long they have to inform 
the users.  A case of this type has been filed (just under the two 
year limit) in Los Angeles Federal Court.  I have hard copy, will try 
to get it typed in and see about posting it. 
  
Incidentally, the entire text of the ECPA is on Portal.  The section 
you want to look at is 2701-2707.  Keith Henson 
  
hkhenson@cup.portal.com 
  
[Moderator's Note: From what I have heard, there were serious crimes 
committed there alright.... and the feds had their papers in order. 
I'm rather sure they will observe the law.   PT] 
  
---------------------------------------------------------------------- 
  
>From: Chip Rosenthal <chip@chinacat.lonestar.org> 
Subject: Re: AT&T Sourcecode: Poison! 
Date: 3 Mar 90 00:00:00 GMT 
Organization: Unicom Systems Development, Austin (yay!) 
  
[Moderator's Note: Original date of 2/25 changed to prevent premature 
expiration.  PT] 
  
You've got a lot of nerve, Patrick. 
  
telecom@eecs.nwu.edu (TELECOM Moderator) writes: 
  
>We're told by a deep-throat type that AT&T is on the war path about 
>their software [...] Like jolnet, netsys went down abruptly, with 
>*everything* confiscated [...] Now comes news that attcdc [sic], formerly 
>known as killer went off line in a hurry..... 
  
Yessir, after all your complaints about that about anonymous Legion of 
Doom message, this is a really crummy thing to post.  Based upon 
unattributed conversations, you imply that Len Rose and Charlie Boykin 
were involved in wrongdoing which lead to the shutdown of their 
systems. 
  
I don't know Len personally, but have had uucp connections with him in 
the past.  Charlie, on the other hand, I do know personally.  He is 
very well regarded in the Dallas/Fort Worth area, and was voted "1989 
DFW Administrator of the Year" by the DFW lunch-bunch...errr....DFW 
Association of Unix System Administrators. 
  
You have cast some crummy aspersions towards these guys.  Since I know 
them, I will wait for the facts to come in.  Others who don't know 
them could very well jump to conclusions on the basis of this posting. 
  
Was this message really called for? 
  
Chip Rosenthal                            |  Yes, you're a happy man and you're 
chip@chinacat.Lonestar.ORG                |  a lucky man, but are you a smart 
Unicom Systems Development, 512-482-8260  |  man?  -David Bromberg 
  
------------------------------ 
  
Date: Wed, 28 Feb 90 21:38:39 EST 
>From: Mike Riddle <Mike.Riddle@p6.f666.n5010.z1.fidonet.org> 
Subject: Jolnet Seizure 
Reply-to: Mike.Riddle@p6.f666.n285.z1.fidonet.org 
Organization: DRBBS Technical BBS, Omaha, Ne. 402-896-3537 
  
Has anyone tried a novel legal approach to the case of equipment 
seizure as "evidence"?  As I remember the Electronic Communications 
Privacy Act, it contains specific procedures for authorities to obtain 
copies/listings of data on a system (which system may have been used 
for illegal purposes, but whose operator is not at the moment 
charged).  From this I think a creative attorney could construct an 
argument that the national policy was not to seize equipment, merely 
to obtain all the information contained therein.  After all, it's the 
data that caused any harm. 
  
Also, the Federal Rules of Evidence, and most state rules, provide 
that computer generated copies are "originals" for evidentiary 
purposes. 
  
I hope that someone close enough to the scene can keep us informed 
about what is happening on this one. 
  
{standard disclaimer goes here--don't pay any attention to me!} 
  
------------------------------ 
  
>From: brooney@sirius.uvic.ca 
Subject: Article Regarding JOLNET/e911/LoD/Phrack 
  
The following is an article I received five days ago which contains, to my 
knowledge, information as yet unpublished in comp.dcom.telecom regarding the 
ongoing JOLNET/e911/LoD discussion.  It was printed in a weekly magazine 
with a publishing date of Feb. 27 but other than that I have no exact idea 
of when the events mentioned herein took place. 
  
 - Ben Rooney 
  
 MISSOURI STUDENT PLEADS INNOCENT IN 911 SYSTEM INTRUSION CASE 
  
 Craig Neidorf, a 19-year-old University of Missouri student, has 
pleaded not guilty to federal allegations that he invaded the 911 
emergency phone network for 9 states. 
  
 As reported earlier, he was indicted this month along with Robert J. 
Riggs, 20, of Decatur, Ga.  Both are charged with interstate 
transportation of stolen property, wire fraud, and violations of the 
federal Computer Fraud and Abuse Act of 1986. 
  
 Prosecutors contend the two used computers to enter the 911 system of 
Atlanta's Bell South, then copied the program that controls and 
maintains the system.  The stolen material later allegedly was 
published on a computer bulletin board system operating in the Chicago 
suburb of Lockport.  Authorities contend Neidorf edited the data for 
an electronic publication known as "Phrack." 
  
 According to Associated Press writer Sarah Nordgren, in a recent 
hearing on the case Assistant U.S. Attorney William Cook was granted a 
motion to prevent the 911 program from becoming part of the public 
record during the trial.  U.S. District Judge Nicholas Bua set April 
16 for a trial. 
  
 The 911 system in question controls emergency calls to police, fire, 
ambulance and emergency services in cities in Alabama, Mississippi, 
Georgia, Tennessee, Kentucky, Louisiana, North Carolina, South 
Carolina and Florida. 
  
                --------------------------------------- 
          Article from "A Networker's Journal" by Charles Bowen. 
                    Info-Mat Magazine (Vol. 6, No. 2) 
  
[Moderator's Note: {Info-Mat Magazine}, by the way, is the excellent 
electronic journal distributed on many BBS machines throughout the 
United States who are fortunate enough to be accepted as part of the 
magazine's distribution network.  I personally wish it was distributed 
on Usenet as well: it is well written and very informative.   PT] 
  
------------------------------ 
  
Date: Sat, 3 Mar 90 19:34:54 CST 
>From: TELECOM Moderator <telecom@eecs.nwu.edu> 
Subject: A Conversation With Rich Andrews 
  
  
After the first articles appeared here relating to the seizure of 
Jolnet, and the indictment of some people for their part in the theft 
of '911 software', I got various messages from other folks in 
response. Some were published, while others were just personal 
correspondence to me. One from Chip Rosenthal was held over, and is 
included in this special issue today. 
  
One writer, whose comments were attributed to 'Deep Throat' spent some 
time on two occassions on the phone, in a conference call between 
himself, David Tamkin and myself. 
  
What was lacking in the several messages which appeared over the past 
week were comments from Rich Andrews, system administrator of Jolnet. 
I got one note from someone in Canada who said Andrews wanted to speak 
with me, and giving a phone number where I could call Andrews at his 
place of employment. 
  
I put in a call there, with David Tamkin on the other line and had a 
long discussion with Andrews, who was aware of David being on the line 
with me.  I asked Andrews if he had any sort of net access available 
to him at all -- even a terminal and modem, plus an account on some 
site which could forward his mail to telecom. You see, I thought, and 
still think it is extremely important to include Rich Andrews in any 
discussion here. 
  
He assured me he did have an account on a Chicago area machine, and 
that a reply would be forthcoming within hours. I had a second 
conversation with him the next morning, but without David on the line. 
He again told me he would have a response to the several articles 
written in the Digest ready and in the email 'very soon'.  This was on 
Wednesday morning, and we estimated his message would be here sometime 
later in the day -- certainly by midnight or so, when I am typically 
working up an issue of the Digest. 
  
Midnight came and went with no message. None showed up Thursday or 
Friday.  I deliberatly withheld saying anything further in the hopes 
his reply would be here to include at the same time. I guess at this 
point we have to go on without him. 
  
When David Tamkin and I talked to him the first time, on Tuesday 
evening this past week, the first thing Andrews said to us, after the 
usual opening greetings and chitchat was, 
  
 "I've been cooperating with them for over a year now. I assume you 
know that." 
  
We asked him to define 'them'.  His response was that 'them' was the 
United States Secret Service, and the Federal Bureau of Investigation. 
He said this without us even asking him if he was doing so. 
  
We asked him to tell us about the raid on his home early in February. 
He said the agents showed up that Saturday afternoon with a warrant, 
and took everything away as 'evidence' to be used in a criminal 
prosecution. 
  
ME> "If you have been working and cooperating with them for this long, 
why did they take your stuff?" 
  
RA> "They wanted to be sure it would be safe, and that nothing would be 
destroyed." 
  
ME> "But if you wanted to simply keep files safe, you could have taken 
Jolnet off line for a few weeks/months by unplugging the modems from 
the phone jacks, no? Then, plugged in a line when you wanted to call 
or have a trusted person call you." 
  
RA> "They thought it was better to take it all with them. It was mostly 
for appearance sake. They are not charging me with anything." 
  
ME> "Seems like a funny way to treat a cooperative citizen, at least 
one who is not in some deep mess himself." 
  
He admitted to us that several crackers had accounts on Jolnet, with 
his knowledge and consent, and that it was all part of the investigation 
going on ... the investigation he was cooperating in. 
  
Here is how he told the tale of the '911 software': 
  
The software showed up on his system one day, almost two years ago. It 
came to him from netsys, where Len Rose was the sysadmin. According to 
Andrews, when he saw this file, and realized what it was, he knew the 
thing to do was to 'get it to the proper authorities as soon as 
possible', so he chose to do that by transferring it to the machine 
then known as killer, a/k/a attctc, where Charlie Boykin was the 
sysadmin. 
  
Andrews said he sent it to Boykin with a request that Boykin pass it 
along to the proper people at AT&T. 
  
ME> "After you passed it along to Boykin, did you then destroy the 
file and get it off your site?" 
  
RA> "Well, no... I kept a copy also." 
  
ME> "Did Charlie Boykin pass it along to AT&T as you had requested?" 
  
RA> "I assume he did." 
  
But then, said Andrews, a funny thing happened several months later. 
The folks at AT&T, instead of being grateful for the return of their 
software came back to Andrews to (in his words) 'ask for it again.' 
Somehow, they either never got it the first time; got it but suspected 
there were still copies of it out; or were just plain confused. 
  
So he was contacted by the feds about a year ago, and it was at that 
point he decided it was in his best interest to cooperate with any 
investigation going on. 
  
Andrews pointed out that the '911 software' was really just ".... a 
small part of what this is all about..."  He said there was other 
proprietary information going around that should not be circulating. 
He said also the feds were particularly concerned by the large number 
of break-ins on computers which had occurred in the past year or so. 
He said there have been literally "....thousands of attempts to break 
into sites in the past year....", and part of his cooperation with the 
authorities at this time dealt with information on that part of it. 
  
We asked him about killer/attctc: 
  
ME> "You knew of course that killer went off line very abruptly about 
a week ago. What caused that? It happened a week or so after the feds 
raided you that Saturday." 
  
RA> "Well the official reason given by AT&T was lack of funds, but you 
know how that goes...." 
  
Now you'd think, wouldn't you, that if it was a funding problem -- if 
you can imagine AT&T not having the loose change in its corporate 
pocket it took to provide electrical power and phone lines to attctc 
(Charlie got no salary for running it) -- that at least an orderly 
transition would have taken place; i.e. an announcement to the net; an 
opportunity to distribute new maps for mail and news distribution, 
etc; and some forthcoming shut down date -- let's say March 1, or 
April 1, or the end of the fiscal year, or something.... 
  
But oh, no...  crash boom, one day it is up, the next day it is gone. 
  
ME> "What do you know about the temporary suspension of killer some 
time ago? What was that all about?" 
  
RA> "It was a security thing. AT&T Security was investigating Charlie 
and some of the users then." 
  
Andrews referred to the previous shutdown of killer as 'a real blunder 
by AT&T', but it is unclear to me why he feels that way. 
  
We concluded our conversation by Andrews noting that "there is a lot 
happening out there right now." 
  
He said the [Phrack] magazine distribution, via netsys, attctc and 
jolnet was under close review. "One way to get them (crackers) is by 
shutting down the sites they use to distribute stuff..." 
  
And now, dear reader, you know everything I know on the subject. Well, 
almost everything, anyway.... 
  
 From other sources we know that Len Rose of netsys was in deep 
trouble with the law *before* this latest scandal.  How deep? Like he 
was ready to leave the country and go to the other side of the world 
maybe?  Like he was in his car driving on the expressway when they 
pulled him over, stopped the car and placed him under arrest?  Deep 
enough? This latest thing simply compounded his legal problems. 
  
  
Patrick Townson 
  
                       >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 9 of 11 *** 
***  E-Mail victims counter-sue the pheds       *** 
*************************************************** 
  
  
The legal status of electronic mail is in limbo. It's not totally clear what 
consitutes protected "mail" and what doesn't.  Because of lack of case law for 
precendent or statutory law to guarantee protections of Constitutional rights, 
agents seem to feel free to confiscate *and violate* rights first and ask 
questions later, as the above files indicate. Nonetheless, not everybody is 
passively submitting to these violations. The following is reprinted from 
TELECOM DIGEST, Vol 10, #164 (msg 1) from March 12, 1990. It is a suit against 
law enforcement agents who confiscated E-mail. We wish the plaintiffs the best 
of luck. If they win, there is hope. If they lose, we come closer to 1984 as 
time passes. 
  
------------- 
  
CHRISTOPHER ASHWORTH, A Member of 
GARFIELD, TEPPER, ASHWORTH & EPSTEIN 
1925 Century Part East, Suite 1250 
Los Angeles, California  90067 
Telephone: (213) 277-1981 
  
Attorneys For Plaintiffs 
  
UNITED STATES DISTRICT COURT 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
  
Case NO. SA CV90-021 JSL (RwRx) 
  
COMPLAINT FOR 
DECLARATORY RELIEF 
AND DAMAGES 
(Electronic 
Communications Privacy 
Act of 1986; 
18 U.S.C. Section 2701, 
et seq.) 
  
  
H. KEITH HENSON, HUGH L. HIXON, 
JR., THOMAS K. DONALDSON, NAOMI 
REYNOLDS, ROGER GREGORY, MICHAEL G. 
FEDEROWITCZ, STEVEN B. HARRIS, 
BRIAN WOWK, ERIC GEISLINGER, 
CATH WOOF, BILLY H. SEIDEL, 
ALLEN J. LOPP, LEE CORBIN 
RALPH MERKEL, AND KEITH LOFTSTROM 
  
                    Plaintiffs, 
  
     v. 
  
RAYMOND CARRILLO, SCOTT HILL, 
DAN CUPIDO, ALAN KUNZMAN, ROWE 
WORTHINGTON, RICHARD BOGAN, 
REAGAN SCHMALZ, GROVER TRASK, II, 
ROBERT SPITZER, LINFORD L. 
RICHARDSON, GUY PORTILLO, 
individuals, and the COUNTY OF 
RIVERSIDE, a subdivision of the 
State of CAlifornia, And the CITY 
OF RIVERSIDE, a municipal entity, 
and DOES 1 through 100 inclusive, 
               Defendants. 
  
          Plaintiffs complain of defendants as follows: 
                       JURISDICTIONAL ALLEGATION 
  
          1.   This case arises under an Act of Congress, namely 
the Electronic Communication Privacy Act of 1986; U.S.C. Section 
2701, et Seq., and in particular, the civil enforcement 
Provisions thereof, 18 U.S.C. Section 2707.   Venue is proper in this 
Court in that all of the defendants reside in this district. 
  
                   COMMON ALLEGATIONS 
  
           2.    Plaintiffs are all individuals residing in 
various point and places in the United States.  [except Brian 
Wowk who resides in Canada.] 
           3.   Defendants Carillo, Hill, Cupido, Kuntzman, 
Worthington, Bogan, Schmalz, Trask, Spitzer, Hinman and Mosley 
are all employees of defendant County of Riverside, and at all 
times material, were acting within the course and scope of their 
employment.  Defendants Richardson and Portillo are all 
employees of defendant City of Riverside and at all times 
material, were acting within the course and scope of their 
employment.  Defendant County of Riverside ["county'] is a 
political subdivision of the State of California.  Defendant 
City of Riverside ["city'] is a municipal entity located within 
California. 
          Defendants Carillo, Hill, Cupido, Kuntzman, 
Worthington, Bogan, and Schmalz are employed by defendant County 
in the Office of the Riverside County Coroner.  Defendants 
Trask, Spitzer, Hinman and Mosley are employed by the said 
county in the office of the District Attorney,  Defendants 
Richardson and Portillo are employed by defendant City in the 
Riverside Police Department. 
  
                      ------------------- 
  
          4.   All of the events complained of herein occurred 
within two years of the date of filing of the complaint. 
               At all times material, Alcor Life Extension 
Foundation, a non-Profit corporation with its principal place of 
business in Riverside County, maintained facilities at its place 
of business whose purpose was to (in part) facilitate the 
sending and receipt of electronic mail ["E-mail"] via computer- 
driven modems and which electronic mail facility was utilized by 
the plaintiffs, and each of them.  The Alcor Facility is remote in 
geographical location from all plaintiffs. 
          5.   At all times material, each plaintiff had one or 
more E-mail messages abiding on electron or magnetic medial at 
the Alcor facility.  Prior to [actually on] January 12, 1988, defendants 
procured from the Riverside Superior Court a search warrant 
which authorized, in general, a search of the facilities of 
Alcor.  A true and correct copy of that search warrant is 
attached hereto and marked Exhibit "A".  The search warrant does 
not purport to reach, nor was it intended to reach, any of the 
E-mail of plaintiffs. 
          6.   On January 12, 1988, defendant entered upon the 
Alcor premisses and removed many things therefrom including the 
electronic media containing plaintiffs' E-mail. 
          7.   Contemporaneously with the seizure of the 
electronic media containing plaintiffs' E-mail, defendants were 
explicitly informed that they were seizing plaintiffs' E-mail 
which was not described either generally or specifically in the 
warrant hereinabove referred to. 
  
                        -------------- 
  
          8.   No notice was given to any plaintiff by any 
defendant of the impending seizure of their E-mail. 
          9.   In the process of procuring the warrant, neither 
the defendants nor anyone else made any showing that there 
was reason to believe that the contents of any of plaintiffs' E- 
mail was relevant to any law enforcement inquiry. 
          10.   Subsequent to the execution of the warrant on 
January 12, 1988, no notice was given to any plaintiff by any 
government entity, including the defendants, nor any 
defendant herein, at any time, regarding the defendants 
acquisition and retention of plaintiffs' E-mail. 
          11.   The court issuing the warrant in respect of the 
Alcor facility did not, prior to the issuance of the warrant nor 
at any other time, determine that notice to plaintiffs 
compromised any legitimate investigation within the meaning of 18 
U.S.C.  section 2705(a)(2). 
          12.   Not withstanding that defendant and each of them 
were informed that they had taken, along with materials 
describe in the warrant, E-mall belonging to plaintiffs, said 
defendants knowingly and willfully (a) continued to access the 
electronic and magnetic media containing plaintiffs' E-mail and 
(b) continued to deny access to plaintiffs to such E-mail for 
many months although a demand was made for the return of the 
said E-mail.  Defendants' wrongful access to and retention of 
plaintiffs' E-mail was intentional within the meaning of 18 
U.S.C. section 2707. 
  
                        -------------- 
  
          13.   Proximately caused by the unprivileged actions of 
the defendants hereinbefore described, each plaintiff has 
suffered damage in an amount to be proved at trial, but in no 
event less than $10,000 each. 
          WHEREFORE plaintiffs pray: 
        1.   For damages according to proof; 
        2.   For cost of suit; 
        3.   For Attorneys' fees pursuant to 18 U.S.C. 
section 2707(b)(3);  and 
        4.   For such other and further relief as is required 
in the circumstances. 
  
Date:  January 11, 1990 
  
  
GARFIELD, TEPPER, ASHWORTH, AND EPSTEIN 
A Professional Corporation 
  
(signed) 
CHRISTOPHER ASHWORTH 
Attorneys for Plaintiffs 
  
                              -------------- 
  
Exhibit "A" 
  
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 
SEARCH WARRANT 
  
To any Sheriff, Police Officer, Marshal or Peace Officer 
in the County of Riverside. 
  
Proof, by sworn statement, having been made this day 
to me by Alan Kunzman and it appearing that there is 
probable cause to believe that at the place and on the 
persons and in the vehicle(s) set forth herein there 
is now being concealed property which is: 
  
____  stolen or embezzled property 
__x__ property and things used to commit a felony 
__x__ property possessed (or being concealed by another) 
           with intent to commit a public offense 
__x__ property tending to show a felony was committed; 
          YOU ARE THEREFORE COMMANDED TO SEARCH :  the 
          premises located at 
  
   [description of Alcor address at 12327 Doherty St.] 
  
including all rooms attics, basements, storage areas, and 
other parts therein, garages, grounds and outbuilding and 
appurtenances to said premises; vehicles(s) described as 
follows: 
(not applicable) 
and the persons of (not applicable) 
for the following property: 
  
1.  All electronic storage devices, capable of storing, 
electronic data regarding the above records, 
including magnetic tapes, disc, (floppy or hard), 
and the complete hardware necessary to retrieve 
electronic data including CPU (Central Processing 
Unit), CRT (viewing screen, disc or tape drives(s), 
printer, software and service manual for operation 
of the said computer, together with all handwritten 
notes or printed material describing the 
operation of the computers  (see exhibit A - search 
warrant no.,  1 property to be seized #1) 
  
2.  Human body parts identifiable or belonging to 
the deceased, Dora Kent. 
  
3.  Narcotics, controlled substances and other 
drugs subject to regulation by the Drug 
Enforcement Administration. 
  
  
4.  Article of personal property tending to establish the identity 
of person in control of premise, vehicle, storage areas, 
and containers being searched, including utility company 
receipts, rent receipts, address envelopes and keys and to 
SEIZE it if found and bring it forthwith before me or 
this court at the courthouse of this court. 
    Good cause being shown this warrant my be served at any 
time of the day or night as approve by my initials_________ 
  
Time of issuance _______    Time of execution __1600__ 
Given under my hand and dated this 12th day of January 1988 
Thomas E. Hollenhorst  Judge of the Superior Court 
  
                            ------------- 
  
  
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA 
  
  
H. KEITH HENSON, see attachment "A" 
                          PLAINTIFF(S) 
  
         vs. 
  
RAYMOND CARRILLO,  see attachment "A" 
                      DEFENDANTS(S) 
  
CASE NUMBER 
  
SA CV- 90-021  JSL Rw Rx 
  
SUMMONS 
  
                ----------------------------------------------- 
  
TO THE ABOVE NAMED DEFENDANT(S), your are hereby summoned and required to 
file with this court and serve upon 
         Christopher Ashworth, Esq. 
         GARFIELD, TEPPER, ASHWORTH & EPSTEIN 
         A Professional Corporation 
  
Plaintiff's attorney, whose address is: 
  
        1925 Century Park East, Suite 1250 
        Los Angeles, California   90067 
        (213)  277-1981 
  
an answer to the complaint which is herewith serve upon you 
within __20__ days after service of this summons upon you, exclusive 
of the day of service.  If you fail to do so, judgment by default 
will be taken against you for the relief demanded in the complaint. 
  
Date   Jan. 11, 1990 
  
CLERK, U.S. DISTRICT COURT 
  
By  MARIA CORTEZ 
     Deputy Clerk 
 (SEAL OF THE COURT) 
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 10 of 11*** 
***  Hacker Chases Hacker Chasers               *** 
*************************************************** 
  
  
  
From: RISKS-FORUM Digest  Wednesday 21 March 1990   Volume 9 : Issue 77 
  
------------------------------ 
  
Date: 21 Mar 90 10:30:41 
From: John Markoff via PGN (excerpted) <neumann@csl.sri.com> 
Subject: Internet Intruders 
  
SELF-PROCLAIMED `HACKER' SENDS MESSAGE TO CRITICS 
By JOHN MARKOFF, c.1990 N.Y. Times News Service 
  
   A man identifying himself as the intruder who illegally penetrated part of a 
nationwide computer linkup said Tuesday that he had done so to taunt computer 
security specialists who have denounced activities like his.  His assertion 
came in a telephone call to The New York Times on Tuesday afternoon.  The man 
identified himself only as an Australian named Dave, and his account could not 
be confirmed.  But he offered a multitude of details about various electronic 
break-ins in recent months that were corroborated by several targets of the 
intruder.  He said he was calling from outside the United States, but that 
could not be verified. 
  
   Federal investigators have said that in recent months the intruder has 
illegally entered computers at dozens of institutions in a nationwide network, 
the Internet.  Once inside the computers, they said, the intruder stole lists 
of the passwords that allow users to enter the system and then erased files to 
conceal himself.   [...] 
  
   Investigators in the new Internet case said the federal authorities in 
Chicago were close to finding the intruder and several associates.  The U.S. 
attorney's office in Chicago refused to confirm that assertion.  The 
investigators said that in some cases the intruder might have used a program 
that scanned the network for computers that were vulnerable. 
  
   In his telephone call to The Times on Tuesday, the man said he had broad 
access to U.S. computer systems because of security flaws in those machines. 
As a self-proclaimed computer hacker, he said, he decided to break in to the 
computer security experts' systems as a challenge.  Among the targets of the 
recent attacks were Clifford Stoll, a computer system manager at the 
Smithsonian Astronomical Observatory at Harvard University, and Eugene 
Spafford, a computer scientist who specializes in computer security issues at 
Purdue University.  The caller said he was upset by Stoll's portrayal of 
intruders in a new book, ``The Cuckoo's Egg.''  ``I was angry at his 
description of a lot of people,'' the caller said.  ``He was going on about how 
he hates all hackers, and he gave pretty much of a one-sided view of who 
hackers are.'' 
  
   Several days ago the intruder illegally entered a computer Stoll manages at 
Harvard University and changed a standard welcome message to read: ``Have Cliff 
read his mail. The cuckoo has egg on his face. Anonymous.''  The caller 
explained in detail his techniques for illegally entering computer systems.  He 
gave information about Stoll's and Spafford's computer systems that matched 
details they were familiar with. 
  
   And he described a break-in at an external computer that links different 
networks at Digital Equipment Corp.  A spokeswoman for the company confirmed 
that a machine had been entered in the manner the caller described.  But the 
caller was not able to penetrate more secure Digital computers, she said. 
  
   The caller said he had intended to tease the security experts but not to 
damage the systems he entered.  ``It used to be the security guys chase the 
hackers,'' he said. ``Now it's the hackers chase the security people.'' 
  
   Several managers of computer systems that were entered said that no 
significant harm had been done but that the invader had wasted the time of 
system administrators, who were forced to drop their normal duties to deal with 
the breaches in security. 
  
   Ordinary users were also inconvenienced, the managers said, because their 
computers had to be temporarily removed from the system for security reasons. 
  
   Investigators familiar with the break-ins said the intruder had entered 
systems by using several well-known security flaws that have been widely 
distributed in computerized mailing lists 
circulated among systems managers. 
  
   Stoll, who from 1986 to 1988 tracked a group of West Germans breaking into 
U.S. corporate, university and nonclassified military computers, said the 
intruders had not proved any point.  ``It's sad that people have these 
gunslinger ethics,'' he said.  ``It shows how easy it is to break into even a 
modestly secure system.''  Spafford, who has also written <garbled>, but added 
that nothing significant had been compromised.  [...] 
  
   As a result of the break-ins, the Smithsonian Astronomical disconnected its 
computers from the Internet, a network that connects severs around the world. 
  
   Among the institutions believed to have been penetrated by the intruder are 
the Los Alamos National Laboratory, Harvard, Digital Equipment, Livermore 
Laboratories, Boston University and the University of Texas. 
  
   Tuesday, the caller asserted that he had successfully entered dozens of 
different computers by copying the password files to his machine and then 
running a special program to decode the files.  That program was originally 
written as a computer security experiment by a California-based computer 
scientist and then distributed to other scientists.  [... reference to the 
following CERT message...] 
  
   Asked Tuesday whether he would continue his illegal activities, the caller 
said he might lay low for a while.  ``It's getting a bit hot,'' he said, ``and 
we went a bit berserk in the past week.'' 
  
  
                 >--------=====END=====--------< 
  
  
  
*************************************************** 
***  Pirate Magazine Issue I - 5 / File 11 of 11*** 
***  Hackers and Phreaks as post-moderists      *** 
*************************************************** 
  
  
  
This file appeared on PC-EXEC in Milwaukee, and is the one referred to 
by Ellis Dea in File 2. We edited out all the academic stuff that you're 
all seen on message boards a thousand times, and just left in the key points. 
The authors do not condone phreaking or hacking, but argue that it should 
be understood, rather than persecuted. They make a point many have made, which 
is that the media and pheds have distorted what goes on out there. Apologies to 
all if too much has been deleted. 
------------------------- 
  
  
                         THE BAUDY WORLD OF THE BYTE BANDIT: 
             A POSTMODERNIST INTERPRETATION OF THE COMPUTER UNDERGROUND 
                                  (March, 1990) 
  
              "Hackers are "nothing more  than high-tech street gangs" 
               (Federal Prosecutor, Chicago)." 
  
              "Transgression is not immoral. Quite to the contrary, it 
               reconciles the law with what it forbids; it is the dia- 
               lectical game of good and evil (Baudrillard, 1987: 81)." 
  
              " There ain't no sin and there ain't no virtue.  There's 
               just stuff people do.   It's all part of the nice, but 
               that's as far as any man got a right to say (Steinbeck, 
               1939:31-32)." 
  
               The criminalization of "deviant acts" transforms and reduces 
          social meanings to legal ones.  Legal meanings are not necessari- 
          ly social meanings.   Most deviancy  research tends to reproduce 
          conventional social ideology and operative definitions of normal- 
          ity within its concepts and theories.   On occasion, these mean- 
          ings represent a form of "class  politics" that protect the power 
          and privilege of one group from the challenge of another: 
  
               Divorcing moral crusades from  status group competition 
               while denying that cultures are linked to social class- 
               es has undermined attempts  to link lifestyle politics 
               to group struggles (Beisel, 1990: 45). 
  
               Once a category of behaviors  has become defined by statute 
          as sanctionably deviant,  the behaviors  so-defined assume a new 
          set of meanings that may obscure  ones possessed by those who en- 
          gage in such behaviors.   "Computer deviants" provide one example 
          of a criminalized type of "lifestyle politics." 
  
               The proliferation of computer  technology has been accompa- 
          nied by the growth of a computer underground (CU),  often mistak- 
          enly labeled "hackers," that is  perceived as criminally deviant 
          by the media, law enforcement officials, and researchers.   Draw- 
          ing from ethnographic data,  we offer  a cultural rather than a 
          criminological analysis of the underground  by suggesting that it 
          reflects an attempt to recast,  re-appropriate,  and reconstruct 
          the power-knowledge relationship that  increasingly dominates the 
          ideology and actions of modern society.  Our data reveal the com- 
          puter underground as  an invisible community with  a complex and 
          interconnected cultural lifestyle, an inchoate anti-authoritarian 
          political consciousness,  and dependent on norms of reciprocity, 
          sophisticated socialization  rituals,  networks  of information 
          sharing, and an explicit value system.   We interpret the CU cul- 
          ture as a challenge to and parody of conventional culture,  as a 
          playful attempt to reject the seriousness of technocracy,  and as 
          an ironic substitution of rational  technological control of the 
          present for an anarchic and playful future. 
  
                        STIGMATIZING THE COMPUTER UNDERGROUND 
  
               The computer underground refers to persons engaged in one or 
          more of several activities, including pirating, anarchy, hacking, 
          and phreaking[1].    Because computer  underground participants 
          freely share information and often are involved collectively in a 
          single incident,  media definitions invoke the generalized meta- 
          phors of  "conspiracies" and "criminal rings,"  (e.g.,  Camper, 
          1989;  Zablit,  1989),  "modem macho" evil-doers (Bloombecker, 
          1988), moral bankruptcy (Schwartz,  1988),  "electronic trespas- 
          sers" (Parker:  1983), "crazy kids dedicated to making mischief" 
          (Sandza, 1984:  17), "electronic vandals" (Bequai:  1987), a new 
          "threat" (Van, 1989), saboteurs ("Computer Sabateur," 1988),  se- 
          cret societies of criminals (WMAQ, 1990),  and "high-tech street 
          gangs" ("Hacker,  18," 1989).   These images have prompted calls 
          for community and  law enforcement vigilance (Conly  and McEwen, 
          1990: 2) and for application of the Racketeer Influenced and Cor- 
          rupt Organizations (RICO) Act to prosecute and control the "crim- 
          inals" (Cooley, 1984).   These images fail to distinguish under- 
          ground "hobbyists," who may infringe on  legal norms but have no 
          intention of pillaging, from felonious predators,  who use tech- 
          nology to loot[2].   Such terminology provides a common stock of 
          knowledge that formats  interpretations of CU activity  in ways 
          pre-patterned as requiring social control  to protect the common- 
          weal (e.g., Altheide, 1985). 
  
               As Hollinger and Lanza-Kaduce (1988:  119), Kane (1989), and 
          Pfuhl (1987) observed,  the stigmatization of hackers has emerged 
          primarily through value-laden media depictions.   When in 1990 a 
          Cornell University graduate student inadvertently infected an in- 
          ternational computer network by  planting a self-reproducing "vi- 
          rus," or "rogue program," the news  media followed the story with 
          considerable detail about  the dangers of computer  abuse (e.g., 
          Allman, 1990; Winter, 1988).  Five years earlier, in May of 1983, 
          a group of hackers known as  "The 414's" received equal media at- 
          tention when they  broke into the computer system  of the Sloan 
          Kettering Cancer research center.   Between these dramatic and a- 
          typical events, the media have dramatized the dangers of computer 
          renegades,  and media anecdotes  presented during Congressional 
          legislative debates  to curtail "computer abuse"  dramatized the 
          "computer hacking problem" (Hollinger  and Lanza-Kaduce,  1988: 
          107).   Although the accuracy and objectivity of the evidence has 
          since been challenged (Hollinger and Lanza-Kaduce 1988: 105), the 
          media continue to format CU activity  by suggesting that any com- 
          puter-related felony can be attributed to hacking.  Additionally, 
          media stories are taken from the accounts of police blotters, se- 
          curity personnel, and apprehended hackers, each of whom have dif- 
          ferent perspectives and definitions.   This creates a self-rein- 
          forcing  imagery in  which  extreme  examples and  cursively 
          circulated data are discretely adduced  to substantiate the claim 
          of criminality by  those with a vested interest  in creating and 
          maintaining such definitions.   For  example,  Conly and McEwen 
          (1990)  list examples of law  enforcement jurisdictions in which 
          special units to  fight "computer crime," very  broadly defined, 
          have been created.  These broad  definitions serve to expand the 
          scope of authority and resources of the units.   Nonetheless, de- 
          spite criminalization,  there is little  evidence to support the 
          contention that computer hacking has been sufficiently abusive or 
          pervasive to warrant prosecution (Michalowski and Pfuhl,  forth- 
          coming). 
  
               As an antidote to the  conventional meanings of CU activity 
          as simply one of deviance,  we shift the social meaning of CU be- 
          havior from one of stigma to one of culture creation and meaning. 
          Our work is tentative,  in part  because of the lack of previous 
          substantive literature and in part  because of the complexity of 
          the data, which indicate a multiplicity of subcultures within the 
          CU.   This paper examines of two distinct CU subcultures, phreaks 
          and hackers,  and challenges the Manichean view that hackers can 
          be understood simply as profaners of  a sacred moral and economic 
          order. 
  
                     THE COMPUTER UNDERGROUND AND POST-MODERNISM 
  
               The computer underground  is a culture of  persons who call 
          computer bulletin board systems (BBSs,  or just "boards"),  and 
          share the interests fostered by the BBS.   In conceptualizing the 
          computer underground as a distinct culture, we draw from Geertz's 
          (1973: 5) definition of culture as a system of meanings that give 
          significance to shared  behaviors that must be  interpreted from 
          the perspective of those engaged in them.  A culture provides not 
          only the "systems of standards for perceiving, believing,  evalu- 
          ating, and acting" (Goodenough,  1981:  110),  but includes the 
          rules and symbols  of interpretation and discourse  for partici- 
          pants: 
  
               In crude relief,  culture can be understood as a set of 
               solutions devised by a group of people to meet specific 
               problems  posed by  situations  they  face in  com- 
               mon. . . This notion of culture as a living, historical 
               product of group problem solving  allows an approach to 
               cultural study that is applicable to any group, be it a 
               society, a neighborhood, a family, a dance band,  or an 
               organization and its segments  (Van Maanen and Barley, 
               1985: 33). 
  
               Creating and maintaining a culture requires continuous indi- 
          vidual or group processes of  sustaining an identity through the 
          coherence gained by a consistent aesthetic point of view, a moral 
          conception of self,  and a lifestyle that expresses those concep- 
          tions in one's immediate existence and tastes (Bell, 1976:  36). 
          These behavioral expressions signify a variety of meanings,  and 
          as signifiers they reflect a type of code that can be interpreted 
          semiotically,  or as a sign system amenable to readings indepen- 
          dent of either participants or of  those imposed by the super-or- 
          dinate culture: 
  
               All aspects of culture possess  a semiotic value,  and 
               the most  taken-for-granted phenomena can  function as 
               signs:   as elements in communication systems governed 
               by semantic rules  and codes which are  not themselves 
               directly apprehended in experience.   These signs are, 
               then,  as opaque as the social relations which produce 
               them and which they re-present (Hebdige, 1982: 13). 
  
               It is this symbolic cultural ethos,   by which we mean the 
          style, world view, and mood (Hebdige,  1979),  that reflects the 
          postmodernist elements of the CU and separates it from modernism. 
          Modernist culture  is characterized especially  by rationality, 
          technological enhancement, deference to centralized control,  and 
          mass communication.   The emergence  of computer technology has 
          created dramatic changes in social communication, economic trans- 
          actions, and information processing and sharing, while simultane- 
          ously introducing new forms of surveillance, social control,  and 
          intrusions on privacy (Marx, 1988a: 208-211;  Marx and Reichman, 
          1985).  This has contributed to a: 
  
               . . .  richly confused and hugely verbal age, energized 
               by a multitude of competing discourses,  the very pro- 
               liferation and plasticity of  which increasingly deter- 
               mine what we defensively refer  to as our reality (New- 
               man, 1985: 15). 
  
               By Postmodernism we mean a reaction against "cultural moder- 
          nity" and a destruction of the  constraints of the present "maxi- 
          mum security society" (Marx,  1988b)  that reflect an attempt to 
          gain control of an alternative future. In the CU world, this con- 
          stitutes a conscious resistance to the  domination of but not the 
          fact of technological encroachment into  all realms of our social 
          existence.  The CU represents a reaction against modernism by of- 
          fering an ironic response to the primacy of a master technocratic 
          language,  the incursion of computers into realms once considered 
          private, the politics of techno-society,  and the sanctity of es- 
          tablished civil and state authority.  Postmodernism is character- 
          ized not so much by a single  definition as by a number of inter- 
          related characteristics, including, but not limited to: 
  
             1.  Dissent for dissent's sake (Lyotard, 1988). 
             2.  The collapse of the  hierarchical distinction between mass 
                 and popular culture (Featherstone, 1988: 203). 
             3.  A stylistic promiscuity favoring  eclecticism and the mix- 
                 ing of codes (Featherstone, 1988: 203). 
             4.  Parody, pastiche, irony,  playfulness and the celebration 
                 of the surface "depthlessness"  of culture (Featherstone, 
                 1988: 203). 
             5.  The decline of the originality/genius of the artistic pro- 
                 ducer and the assumption that  art can only be repetitious 
                 (Featherstone 1988: 203). 
             6.  The stripping  away of social and  perceptual coordinates 
                 that let one "know where one is" (Latimer, 1984: 121). 
             7.  A search for new ways  to make the unpresentable presenta- 
                 ble, and break down the barriers that keep the profane out 
                 of everyday life (Denzin, 1988: 471). 
             8.  The introduction of new moves  into old games or inventing 
                 new games  that are evaluated pragmatically  rather than 
                 from some uniform stand point  of "truth" or philosophical 
                 discourse (Callinicos, 1985: 86). 
             9.  Emphasis on the  visual over the literary  (Lash,  1988: 
                 314). 
             10. Devaluation of formalism and  juxtaposition of signifiers 
                 taken from the banalities of  everyday life (Lash,  1988: 
                 314). 
             11. Contesting of rationalist and/or  didactive views of cul- 
                 ture (Lash, 1988: 314). 
             12. Asking not what a cultural text  means,  but what it does 
                 (Lash, 1988: 314). 
             13. Operation through the spectator's immersion, the relative- 
                 ly unmediated investment of his/her desire in the cultural 
                 object (Lash, 1988: 314). 
             14. Acknowledgement of the decenteredness  of modern life and 
                 "plays with the apparent emptiness  of modern life as well 
                 as the lack of coherence  in modern symbol systems" (Man- 
                 ning, 1989: 8). 
  
               "Post-Modernism" in its positive  form constitutes an intel- 
          lectual attack upon the atomized,   passive and indifferent mass 
          culture which,  through the saturation of electronic technology, 
          has reached its zenith in Post-War American (Newman,  1985:  5). 
          It is this style of playful rebellion, irreverent subversion, and 
          juxtaposition of fantasy with high-tech reality that impels us to 
          interpret the computer underground as a postmodernist culture. 
  
*********************************** 
20 pages of academic gibberish deleted here --eds 
************************************ 
  
HACKERS: 
          Hackers take  pride in their assumed 
          names, and one of the greatest taboos is to use the handle of an- 
          other or to use multiple handles.  Handles are borrowed liberally 
          from the anti-heros of science fiction,  adventure fantasy,  and 
          heavy metal rock lyrics,  particularly among younger users,  and 
          from word plays on technology, nihilism,  and violence.   The CU 
          handle reflects a stylistic identity  heavily influenced by meta- 
          phors reflecting color (especially red and black),  supernatural 
          power (e.g., "Ultimate Warrior, "Dragon Lord"), and chaos ("Death 
          Stalker," "Black Avenger"), or ironic twists on technology,  fan- 
          tasy, or symbols of mass culture (e.g., Epeios,  Phelix the Hack, 
          Rambo Pacifist, Hitch Hacker). 
  
               This anti-establishment ethos also  provides an ideological 
          unity for collective  action.   Hackers have been  known to use 
          their collective skills in retaliation  for acts against the cul- 
          ture that the perceive as unfair by, for example, changing credit 
          data or "revoking" driver's licenses (Sandza, 1984;  "Yes,  you 
          Sound very Sexy," 1989).   Following a bust of a national hacker 
          group, the message section of the "home board" contained a lively 
          debate on the desireability of  a retaliatory response,  and the 
          moderates prevailed.   Influenced especially by such science fan- 
          tasy as William Gibson's Neuromancer (1984),  John Brunner's The 
          Shockwave Rider (1975), and cyber-punk, which is a fusion of ele- 
          ments of electronic communication technology  and the "punk" sub- 
          culture,  the hacker ethic promotes resistance to the very forms 
          that create it.   Suggestive of Frazer's (1922) The Golden Bough, 
          power is challenged and supplanted  by rituals combining both de- 
          struction and rejuvenation.   From this emerges a shared ethos of 
          opposition against perceived Orwellian  domination by an informa- 
          tion-controlling elite. 
  
               (Hackers will) always be necessary,  especially in the 
               technological oppression of the future.   Just imagine 
               an information system that  systematically filters out 
               certain obscene words.   Then it will move on to phras- 
               es,  and then entire ideas will be replaced by comput- 
               ers!   Anyway, there will always be people tripping out 
               on paper and trying to keep it to themselves,  and it's 
               up to us to at least loosen their grasp (P.A.  Message 
               Log 1988). 
  
               In sum, the hacker style reflects well-defined goals, commu- 
          nication networks, values, and an ethos of resistance to authori- 
          ty.  Because hacking requires a  broader range of knowledge than 
          does phreaking,  and because such knowledge can be acquired only 
          through experience, hackers tend to be both older and more knowl- 
          edgeable than phreaks.   In addition, despite some overlap,  the 
          goals of the two are somewhat dissimilar.  As a consequence, each 
          group constitutes a separate analytic category. 
  
Phreaks. 
  
          The attraction of phreaking and its attendant life-style 
          appear to center on three fundamental characteristics:  The 
          quest for knowledge,  the belief in a higher ideological purpose 
          of opposition to potentially dangerous technological control, and 
          the enjoyment of risk-taking.   In a sense, CU participants con- 
          sciously create dissonance as a  means of creating social meaning 
          in what is perceived as  an increasingly meaningless world (Milo- 
          vanovic and Thomas, 1989).   Together,  phreaks and hackers have 
          created an overlapping culture that,  whatever the legality,  is 
          seen by participants as a legitimate enterprise in the new "tech- 
          no-society." 
  
                                    CONCLUSION 
  
               The transition to an  information-oriented society dependent 
          on computer technology brings with  it new symbolic metaphors and 
          behaviors.  Baudrillard (1987:  15)  observed that our private 
          sphere now ceases to be the stage  where the drama of subjects at 
          odds with their objects and with their image is played out,  and 
          we no longer exist as playwrites or actors,  but as terminals of 
          multiple networks.   The public space of the social arena is re- 
          duced to the private space of  the computer desk,  which in turn 
          creates a new semi-public, but restricted,  public realm to which 
          dissonance seekers retreat.   To participate in the computer un- 
          derground is to engage in what Baudrillard (1987:  15) describes 
          as private telematics, in which individuals,  to extend Baudril- 
          lard's fantasy metaphor,  are transported from their mundane com- 
          puter system to the controls of a hypothetical machine,  isolated 
          in a position of perfect  sovereignty,  at an infinite distance 
          from the original universe.   There, identity is created through 
          symbolic strategies and collective  beliefs (Bordieu,  cited in 
          Wacquant, 1989: 35). 
  
               We have argued  that the symbolic identity  of the computer 
          underground creates a rich and  diverse culture comprised of jus- 
          tifications, highly specialized skills,  information-sharing net- 
          works, norms, status hierarchies, language, and unifying symbolic 
          meanings.   The stylistic elements of  CU identity and activity 
          serve what Denzin (1988:  471) sees as the primary characteristic 
          of postmodern behavior,  which is to  make fun of the past while 
          keeping it alive and the search for  new ways to present the un- 
          presentable in order  to break down the barriers  that keep the 
          profane out of the everyday. 
  
               The risks entailed by acting on  the fringes of legality and 
          substituting definitions of acceptable  behavior with their own, 
          the playful parodying of mass culture,  and the challenge to au- 
          thority constitute an exploration of the limits of techno-culture 
          while resisting the  legal meanings that would  control such ac- 
          tions.   The celebration of anti-heros, re-enacted through forays 
          into the world of computer  programs and software,  reflects the 
          stylistic promiscuity,  eclecticism and code-mixing that typifies 
          the postmodern experience (Featherstone, 1988: 202).  Rather than 
          attempt to fit within modern culture and adapt to values and def- 
          initions imposed on them,  CU  participants mediate it by mixing 
          art, science, and resistance to create a culture with an alterna- 
          tive meaning both to the dominant one and to those that observers 
          would impose on them and on their enterprise. 
  
               Pfuhl (1987) cogently argued that criminalization of comput- 
          er abuse tends to polarize definitions of behavior.   As a conse- 
          quence, To view the CU as simply another form of deviance,  or as 
          little more than  "high-tech street gangs" obscures  the ironic, 
          mythic, and subversive element,  the Nieztschean "will to power," 
          reflected in the attempt to  master technology while challenging 
          those forces that control it.   The "new society" spawned by com- 
          puter technology is in its infancy, and, as Sennet (1970:  xvii) 
          observed, the passage of societies through adolescence to maturi- 
          ty requires acceptance of disorder and painful dislocation. 
  
               Instead of embracing the dominant culture, the CU has creat- 
          ed an irreducible cultural alternative, one that cannot be under- 
          stood without locating its place  within the dialectic of social 
          change.  Especially in counter-cultures, as Hebdige (1983: 3) ob- 
          serves, "objects are made to mean and mean again," often ending: 
  
               .  .  .in the construction of a style, in a gesture of 
               defiance or contempt, in a smile or a sneer.   It sig- 
               nals a Refusal.  I would like to think that this Reusal 
  and the sneers have  some subversive 
               value. . .  (Hebdige, 1982: 3). 
*********************** 
Guess we should include all the bibliography in case we deleted something 
important. But we find the list interesting for it's own sake. The authors 
should also take a look at the HARPER'S Forum in the March, 1990 issue, that 
contains a symposium/debate on computer hacking, and includes Phiber Optik and 
Acid Phreak, along with Clifford Stoll, author of the Cuckoo's Egg. We would 
also add CUCKOO'S EGG to this list EedsL. 
************************* 
  
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