Date: Fri, 8 May 1992 15:27:50 -0500 From: Moderators Subject: File 5--Pay Craig's Legal Fees For 29 Cents? Craig Neidorf's legal fees, incurred from his defense against felony charges in the "PHRACK" case, remain high. He is paying them off bit-by-bit, but the process is slow. For new readers, Craig was indicted by the U.S. Government on charges of wire fraud and theft as the result of publishing what federal prosecutor William J. Cook erroneously believed to be proprietary information. Because of the efforts of John Nagle, Sheldon Zenner (Craig's attorney) was able to show that the information published in Phrack was available in public documents for about $12.95 (see Bob Izenberg's post, above). The prosecution dropped the case even before it finished presenting it. Craig's "victory" exacted an emotional and financial toll. His legal expenses were in excess of $100,000 even after generous help from supporters. Craig's case represented a landmark in the relationship of cyperspace and the law. It marked the beginning of the Electronic Frontier Foundation and Cud; it created an awareness of the need to fight for the same Constitutional protections in the electronic frontier as exist in more conventional realms; it stimulated involvement of a number of socially conscious persons from a broad spectrum of professions (e.g., Mitch Kapor, Dorothy Denning, Jim Warren, John Perry Barlow, Marc Rotenberg); it challenged (and reduced) what some saw as the abuse of power by law enforcement agents and prosecutors in pursuing "computer crime"; and it led to open public debates about over both the freedoms and the responsibilities of the new electronic world. Craig was initially tempted to accept a plea-bargain. In some ways, this would have been more beneficial: He would have lower legal fees and it would not have been as disruptive to his life. He chose to fight on principle, and we have all benefited from his choice. We can *ALL* help Craig for only a few minutes and a 29 cent stamp. Craig as been nominated for a Playboy Foundation award worth $5,000 toward his legal fees. The award is for those who have contributed to protecting First Amendment rights, and Craig's contributions to stimulating public awareness of and action on such rights in cyberspace is undeniably significant. Here's the blurb for the award: PLAYBOY FOUNDATION OPENS NOMINATIONS FOR 1992 HUGH M. HEFNER FIRST AMENDMENT AWARDS "Established in 1979 by the Playboy Foundation to celebrate the 25th Anniversary of Playboy Magazine, the awards program is designed to educate the public about First Amendment issues and to honor individuals who have made significant contributions to enhance and protect First Amendment rights of Americans." Readers are encouraged to send a letter in support of Craig Neidorf's nomination to: Jill Chukerman or Kris Farley Playboy Foundation 680 North Lake Shore Drive Chicago, IL 60611 (312)751-8000 NOTE: THE DEADLINE FOR LETTERS IS MAY 22 !! The winners will be announced in September. Below is a rough draft of our own letter: +++ cut here +++ 9 May, 1992 Jill Chukerman or Kris Farley Playboy Foundation 680 North Lake Shore Drive Chicago, IL 60611 Dear Persons: I am writing in support of Craig Neidorf's nomination for the Playboy Foundation's "Hugh M. Hefner First Amendment Award." Craig's contributions to enhance Constitutional protections of the First Amendment have been unique and substantial. At extreme personal cost, he chose to fight for a Constitutional principle he believed in, which ultimately led to an awareness by others of the need to protect the rights of electronic media. While in highschool, Craig founded an electronic newsletter called PHRACK that was available to the public by means of a computer and a telephone modem. PHRACK published a variety of articles and news blurbs, authored by others, on computer culture. In 1989 (Craig was now a senior at the University of Missouri), PHRACK published a document that BellSouth (a regional Bell telephone company) asserted was "proprietary," and its publication, it argued, indicated theft and wire fraud. In early 1990, the U.S. Secret Service acted on these allegations. Craig was tried in July, 1990. The defense demonstrated that the material published in PHRACK was available to the general public for about $12.95, and the prosecution dropped the case. Although he "won," the victory disrupted his academic performance and resulted in over $100,000 in defense fees. Craig could have accepted the advice of his friends, who argued that it would be both cheaper and less traumatic to accept a plea bargain than to fight his case in federal court. However, Craig recognized that there were a number of principles involved. He was especially concerned that a large corporation, aided by seemingly over-zealous law enforcement personnel, could produce a "chilling effect" on the rights to expression by intimidating and punishing those who published material it did not like. Craig chose to fight. Craig's choice had substantial consequences. His case generated considerable interest among users of electronic media, and it seemed to many that Craig was being victimized unjustly for publishing in electronic form the type of material that would have been accepted in a more conventional paper format. In fighting for the principle of freedom of speech, Craig stimulated others to organize and participate in protecting and enhancing Constitutional liberties in the electronic frontier. Craig is a courageous pioneer who put principle before personal expediency. If not for his willingness to resist encroachment on First Amendment freedoms, there would not be the current interest in organizing to protect them in the electronic media. Craig intends to enter law school and pursue his interest in civil liberties. His actions exemplify the spirit of the Award making him a most-deserving candidate, hope that you share the views of myself and others that he would be a worthy recipient. If I can provide any further information, do not hesitate to contact me. Sincerely, Jim Thomas Professor, Sociology/Criminal Justice Northern Illinois University DeKalb, IL 60115 Downloaded From P-80 International Information Systems 304-744-2253