Computer underground Digest Wed Jan 19 1994 Volume 6 : Issue 08 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe (Improving each day) Acting Archivist: Stanton McCandlish Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Copy Edselator: H. E. Ford CONTENTS, #6.08 (Jan 19 1994) File: 1--Proposed Computer-related Sentencing Guidelines/Hearings File: 2--Re: Cu Digest, #6.07: CPSR lives down from my expectations (#1) File: 3--Re: Cu Digest, #6.07: CPSR lives down from my expectations (#2) File: 4--"Terminal Compromise" by W. Schwartau (Book Review) File: 5--Pit Stops Along The Info Turnpike File: 6--FBI Pushes for Enhanced Wiretap Capabilities Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The editors may be contacted by voice (815-753-0303), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115. Issues of CuD can also be found in the Usenet comp.society.cu-digest news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT libraries and in the VIRUS/SECURITY library; from America Online in the PC Telecom forum under "computing newsletters;" On Delphi in the General Discussion database of the Internet SIG; on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020 CuD is also available via Fidonet File Request from 1:11/70; unlisted nodes and points welcome. EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 ANONYMOUS FTP SITES: AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD. EUROPE: ftp.funet.fi in pub/doc/cud. (Finland) UNITED STATES: aql.gatech.edu (128.61.10.53) in /pub/eff/cud etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud ftp.eff.org (192.88.144.4) in /pub/Publications/CuD halcyon.com( 202.135.191.2) in mirror2/cud ftp.warwick.ac.uk in pub/cud (United Kingdom) KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Wed, 19 Jan 94 15:19:21 PST From: CuD Moderators Subject: File 1--Proposed Computer-related Sentencing Guidelines/Hearings ((MODERATORS' NOTE: CuD 6.05 reported EFF's contributions to the proposed sentencing guidelines amending penalties for computer infractions. Below is the notice of public hearings and the text of the proposed computer-related modifications. The entire text can be obtained from the EFF archives ftp.eff.org in the pub/EFF/Issues/Legal/sentencing.amendment directory)). FEDERAL REGISTER VOL. 58, No. 243 Notices UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts Part V 58 Fed. Reg. 67522 DATE: Tuesday, December 21, 1993 ACTION: Notice of proposed amendments to sentencing guidelines, policy statements, and commentary; request for public comment. Notice of hearing. SUMMARY: The Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. The proposed amendments and a synopsis of issues to be addressed are set forth below. The Commission may report amendments to the Congress on or before May 1, 1994. Comment is sought on all proposals, alternative proposals, and any other aspect of the sentencing guidelines, policy statements, and commentary. DATES: The Commission has scheduled a public hearing on these proposed amendments for March 24, 1994, at 9:30 a.m. at the Education Center (concourse level), South Lobby, Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE., Washington, DC 20002-8002. Anyone wishing to testify at this public hearing should notify Michael Courlander, Public Information Specialist, at (202) 273-4590 by March 10, 1994. Public comment, including written testimony for the hearing, should be received by the Commission no later than March 18, 1994, to be considered by the Commission in the promulgation of amendments due to the Congress by May 1, 1994. ADDRESSES: Public comment should be sent to: United States Sentencing Commission, One Columbus Circle, NE, Suite 2-500, South Lobby, Washington, DC 20002-8002, Attention: Public Information. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information Specialist, Telephone: (202) 273-4590. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission is empowered under 28 U.S.C. 994(a) to promulgate sentencing guidelines and policy statements for federal sentencing courts. The statute further directs the Commission to review and revise periodically guidelines previously promulgated and authorizes it to submit guideline amendments to the Congress no later than the first day of May each year. See 28 U.S.C. 994(o), (p). Ordinarily, the Administrative Procedure Act rule-making requirements are inapplicable to judicial agencies; however, 28 U.S.C. 994(x) makes the Administrative Procedure Act rulemaking provisions of 5 U.S.C. 553 applicable to the promulgation of sentencing guidelines by the Commission. The proposed amendments are presented in one of three formats. First, the majority of the amendments are proposed as specific revisions of a guideline, policy statement, or commentary. Second, for some amendments, the Commission has published alternative methods of addressing an issue, shown in brackets. Commentators are encouraged to state their preference among listed alternatives or to suggest a new alternative. Third, the Commission has highlighted certain issues for comment and invites suggestions for specific amendment language. Section 1B1.10 of the United States Sentencing Commission Guidelines Manual sets forth the Commission's policy statement regarding retroactivity of amended guideline ranges. Comment is requested as to whether any of the proposed amendments should be made retroactive under this policy statement. Although the amendments below are specifically proposed for public comment and possible submission to the Congress by May 1, 1994, the Commission emphasizes that it welcomes comment on any aspect of the sentencing guidelines, policy statements, and commentary, whether or not the subject of a proposed amendment. The amendments below are derived from a variety of sources, including: monitoring and hotline data, case law review, and the recommendations of the Judicial Conference of the United States, Department of Justice, Federal and Community Defenders, Practitioners' Advisory Group, Probation Officers' Advisory Group, American Bar Association Sentencing Guidelines Committee, Families Against Mandatory Minimums, individual judges, probation officers, attorneys, and others. Publication of a proposed amendment or issue for comment reflects only the Commission's determination that the amendment or issue is worthy of public comment. As a resource when considering the proposed amendments, working group reports prepared by Commission staff are available for inspection at Commission offices or off-site duplication. The reports contain empirical and legal sentencing research focusing on (1) money laundering offenses; (2) computer-related offenses; (3) public corruption offenses; and (4) controlled substance offenses/role in the offense. Contact the Commission's public information specialist at (202) 273-4590 for details. Authority: 28 U.S.C. Section 994(a), (o), (p), (x). William W. Wilkins, Jr., Chairman. Computer-Related Offenses Chapter Two, Parts B (Offenses Involving Property) and F (Offenses Involving Fraud or Deceit) 1. Synopsis of Proposed Amendment: This amendment adds Commentary to SectionSection 2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Receiving, Transporting, Transferring, Transmitting, or Possessing Stolen Property), 2B1.3 (Property Damage or Destruction), and 2F1.1 (Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) to address harms that may be significant in computer-related cases but not adequately accounted for by the loss table. In addition, this amendment revises Appendix A (Statutory Index) for violations of 18 U.S.C. 1030 to reference the offense guidelines that most appropriately address the underlying harms. Proposed Amendment: The Commentary to Section 2B1.1 captioned "Application Notes" is amended by inserting the following additional note:] "15. In cases in which the loss determined under subsection (b)(1) does not fully capture the harmfulness and seriousness of the conduct, an upward departure may be warranted. For example, an upward departure may be warranted if the offense involved a substantial invasion of a privacy interest. Although every violation of 18 U.S.C. Section 1030(a)(2) (intentional, unauthorized access of financial or credit card information) constitutes an invasion of a privacy interest, the Commission does not consider each such invasion to be a substantial invasion of a privacy interest. When the primary purpose of the offense was pecuniary, a sentence within the applicable guideline range ordinarily will be sufficient. By contrast, an upward departure may be warranted if the financial records of a particular individual were accessed for a non-pecuniary motive.". The Commentary to Section 2B1.3 captioned "Application Notes" is amended in Note 4 by inserting "or interference with a telecommunications network" immediately before "may cause". The Commentary to Section 2B1.3 captioned "Application Notes" is amended by inserting the following additional note: [*67523] "5. In a case in which a computer data file was altered or destroyed, loss can be measured by the cost to restore the file. If a defendant intentionally or recklessly altered or destroyed a computer data file and, due to a fortuitous circumstance, the cost to restore the file was substantially lower than the defendant could reasonably have expected, an upward departure may be warranted. For example, if the defendant intentionally or recklessly damaged a valuable data base, the restoration of which would have been very costly but for the fortuitous circumstance that, unknown to the defendant, an annual back-up of the data base had recently been completed thus making restoration relatively inexpensive, an upward departure may be warranted.". The Commentary to Section 2F1.1 captioned "Application Notes" is amended in Note 10 by deleting the period at the end of subdivision (f) and inserting in lieu thereof a semicolon; and by inserting the following additional subdivisions: "(g) the offense involved a substantial invasion of a privacy interest; (h) the offense involved a conscious or reckless risk of harm to a person's health or safety.". Appendix A (Statutory Index) is amended in the line beginning "18 U.S.C. 1030(a)(2)" by deleting "2F1.1" and inserting in lieu thereof "2B1.1"; in the line beginning "18 U.S.C. 1030(a)(3)" by deleting "2F1.1" and inserting in lieu thereof "2B2.3"; and in the line beginning "18 U.S.C. Section 1030(a)(5)" by deleting "2F1.1" and inserting in lieu thereof "2B1.3". =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ + END THIS FILE + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=