******************************************************* ** ** ** 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 ** ******************************************************* -=> 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 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 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 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) 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 , 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. ************************* BIBLIOGRAPHY Allman, William F. 1990. "Computer Hacking goes on Trial." U.S. News and World Report, January 22: 25. Altheide, David L. 1985. Media Power. Beverly Hills: SAGE. Baudrillard, Jean. 1987. The Ecstasy of Communication. New York: Semiotext(e). Beisel, Nicola. 1990. "Class, Culture, and Campaigns against Vice in Three American Cities, 1872-1892." American Sociological Review, 55(February): 44-62. Bell, 1976. The Cultural Contradictions of Capitalism. New York: Basic Books. Bloombecker, Jay. 1988. Interview, Hour Magazine. NBC television, November 23. Bordieu, Pierre. 1989. "Social Space and Symbolic Power." Sociological Theory, 7(Spring): 14-25. Brunner, John. 1989. The Shockwave Rider. New York: Ballantine. Callinicos, Alex. 1985. "Posmodernism, Post-Structuralism, Post-Marxism?" Theory, Culture and Society, 2(3): 85-101. Camper, John. 1989. "Woman Indicted as Computer Hacker Mastermind." Chicago Tribune, June 21: II-4. "Computer Expert's Son Cited as Virus Creator.' 1988. Chicago Tribune, November 5: 1, 2. "Computer Saboteur gets Probation." 1988. Chicago Tribune, Oct. 22: 4. Conly, Catherine H. and J. Thomas McEwen. 1990. "Computer Crime." NIJ Reports, 218(January/February): 2-7. Cooley, Ronald B. 1984. "RICO: Modern Weaponry against Software Pirates." Computer Law>Law Journal, 5(Fall): 143-162. Denzin, Norman K. 1988. "Blue Velvet: Postmodern Contradictions." Theory, Culture and Society. 5(June): 461-473. "Doctor Crash." 1986. "The Techno-Revolution." PHRACK, I(6): Phile 3. "EB" %anonymous computerphile%. 1990. Circulated electronic letter, February. Featherstone, Mike. 1988. "In Pursuit of the Postmodern: An Introduction." Theory, Culture and Society, 2-3(June): 195-215. Frazer, James G. 1922. The Golden Bough. New York: MacMillan. Geertz, Clifford. 1973. The Interpretion of Cultures. New York: Basic Books. 1973. Gibson, William. 1984. Neuromancer. New York: Ace. Glaser, Barney G. and Anselm L. Strauss. 1967. The Discovery of Grounded Theory: Strategies for Qualitative Research. Chicago: Aldine. Goodenough, Ward. 1981. Culture, Language, and Society. Menlo Park (Calif.): Benjamin/Cummings. "Hacker, 18, Gets Prison for Fraud." 1989. Chicago Tribune, February 15: III-1. Hebdige, Dick. 1982. Subculture: The Meaning of Style. New York: Metheun. Hollinger, Richard C. and Lonn Lanza-Kaduce. 1988. "The Process of Criminalization: The Case of Computer Crime Laws." Criminology, 26(February): 101-126. Hume, Brit, and T.R. Reid. 1989. "Software can be Safeguarded from Bootlegging, Power Surge. Chicago Tribune, March 25: VII: 4. Kane, Pamela. 1989. V.I.R.U.S. Protection: Vital Information Resources under Siege. New York: Bantam. Landreth, Bill. 1985. Out of the Inner Circle: A Hacker's Guide to Computer Security. Belleview (Wash.): Microsoft Press. Lash, Scott. 1988. "Discourse or Figure? Postmodernism as 'Regime of Signification.'" Theory, Culture and Society, 5(June):311-336. Latimer, Dan. 1984. "Jameson on Post-Modernism." New Left Review, 148(November/December): 116-128. Levy, Steven. 1984. Hackers: Heroes of the Computer Revolution. Garden City: Doubleday. Lyotard, Jean-Francois. 1988. The Postmodern Condition: A Report on Knowledge. Minneapolis: University of Minnesota Press. Manning, Peter K. (forthcoming). "Strands in the Postmodernist Rope: Ethnographic Themes." in N. Denzin (ed.), Studies in Symbolic Interaction (Vol. 13). Greenwich (Conn.): JAI. Marx, Gary T. 1988a. Undercover: Police Surveillance in America. Berkeley: University of California Press. . 1988b. "The Maximum Security Society." Deviance et Societe, 12(2): 147-166. Marx, Gary T., and Nancy Reichman. 1985. 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Detroit Free Press, 25 May: 1, 18. >--------=====END=====--------< .