------------------------------ From: Moderators Subject: Exhibits from the Atlanta 3 Sentencing Memorandum Date: 15 May, 1991 ******************************************************************** *** CuD #3.17: File 3 of 5: Exhibits from Riggs' Sentencing *** ******************************************************************** The author of the above file errs in the nature of the crime, the nature of the evidence, and omits that the sentence included restriction on computer use upon release. He seems to rely upon prosecutors' statements, and shows no awareness of the discussions surrounding the sentence of the case when he refers to the judge's "wise and thoughtful decision." There is not even a glimmering in the story that the sentence may be too harsh (quite the contrary, in fact), or that the sentencing memorandum may have been misleading. When Riggs was sentenced late last fall to 21 months in a federal penitentiary for "hacking," the prosecution submitted a lengthy sentencing memorandum (reprinted in CuD 2.16) that was strongly criticized for its inaccuracies and what some saw as an inappropriate prejudicial attitude in both the tone and content (see CuD 2.17 for EFF and other responses). We, and presumably others, were informed that there was considerable information in attached documents that would justify the sentence and that we should be more patient. The Exhibits attached to the memorandum are now available, and they are less than compelling, filled with non-sequitor logic, and fail to add any new information that might reduce criticism of the sentence. CONTENTS The Government submitted five attachments to its sentencing memorandum that, in a separate motion, it requested to be sealed. These exhibits raise a few questions both about the justification for the sentence and the sentencing procedure itself. Two of the Exhibits follow the conclusion of this file. The original sentencing memorandum was reprinted in CuD 2.16. EXHIBIT A (File #4, below) is a history of the Legion of Doom, taken >from Phrack 31. EXHIBIT B (not included here) is a collection of posts from Black Ice BBS. In 23 pages, the Exhibit provides a few score posts selectively abstracted from December 2, 1988 through March 12, 1989. The Exhibit includes the BBS's help screen, a user list, and information ranging >from general one line comments to technical information, dialups and network addresses. Although some of the information boarders on what some might justifiably consider stretching beyond the limits of licitness, none of it provides evidence of a dangerous conspiratorial group bent on destroying the nation's telecom system. However, such information was blacked out of the Motion to Seal, so it is difficult to assess. But, from what can be inferred from the context, it seems that much of the "questionable" information is generally public and the rhetoric, rather than content, provides the logs' drama. According to the sentencing memorandum (p. 8), these logs appear to show that the callers knew that hacking was illegal, that they took precautions to avoid apprehension, and some posts make "frequent references to law enforcement and national security computer systems." Although the posts may reflect unacceptable behavior, the overall interpretation gleaned by the government stretches credibility. EXHIBIT C consists of an electronic post in November, 1988, requesting the Riggs meet with the acting director of OCS, and 4 letters exchanged between Riggs and Georgia Tech's Office of Computing Services (OCS) and the Dean of Student Affairs From June 6, 1989 to June 19, 1989. In the first letter, the OCS indicated to Riggs that they possessed evidence that his account had been misused and asked Riggs to contact them. The second letter of two pages outlined specific allegations of Riggs' abuse. The third, from Riggs to the Director of the OCS, was a written apology. The final letter, from the office of the Dean of Student Affairs to Riggs was a letter saying, in essence, cool it in the future or else. According to the original sentencing memorandum (p. 9), the only reason for submitting these letters was to "indicate that Georgia Tech was very concerned about Grant's abuses of their system." EXHIBIT D, a report of an earlier legal problem in North Carolina involving Riggs, was not included, presumably because he was a juvenile when it occured. EXHIBIT E consists of five posts from various people taken from The Phoenix Project discussing Robert Morris. They are reproduced in File #5, below. Even in the aggregate, the Government's exhibits are rather innocuous. The logic by which conclusions are drawn from the Exhibits is spurious as best, and--as is much of the rhetoric guiding arguments for questionable procedures (see Steve Jackson Games' suit against William Cook, Timothy Foley, Barbara Golden, et. al.)--represents claims for which empirical evidence to the the contrary was clearly present and known, or should have been known, to the prosecutors. We in no way condone the activities to which the Atlanta 3 pled guilty. Nor do we condone many of the behaviors of the type alleged in their original indictment. We do not believe that offenses in the cyberworld should go without response or, when appopriate, without sanctions. However, we also believe that questionable actions by law enforcement personnel should be equally subject to examination and response. The exhibits stage manage the allegations in a way that is discomforting. The sentencing memorandum and the Exhibits claiming to support it should be carefully examined for the subtle ways in which the "language of justice" serves unjust ends. Innuendo, fabrication, dubious logic, and unsubstantiated assertions in the guise of "facts" do not reflect well on those entrusted with protecting federal law and the Constitution. ******************************************************************** >> END OF THIS FILE << ***************************************************************************